BURUNDI
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite Law No. 1/021 of December 30, 2005, on the protection of copyright and related rights in Burundi complies with international standards, on a practical level, it is reported that the implementation of this law is still poor and enforcement measures are lagging behind. The Penal Code and Code of Criminal Procedure outline the specific penalties for IP infringement as stated in the copyright law Article 91-94. Nonetheless, as of 2021, Burundi still does not have any sanctions applied in case the rights under the intellectual property law are infringed upon.
Coverage Horizontal
BURUNDI
Since April 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Burundi has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BURUNDI
Since July 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Law, Law No. 1/13
In matters of procedure for granting and administering the patents, Section 468 of the Industrial Property Law requires that "any holder of an industrial property right (including patents) whose usual residence or main establishment is located outside Burundi must be represented either by a legal advisor who resides and practices in Burundi, or by a natural person or legal entity with professional experience in the field of industrial property who/which resides and exercises his/its profession of legal consultant in Burundi".
Coverage Horizontal
BURUNDI
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Burundi is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal
BURUNDI
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.79%
Coverage rate of zero-tariffs on ICT goods (%)
51.25%
Coverage: Digital goods
BURUNDI
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Burundi is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
BENIN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Benin has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BENIN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Benin has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BENIN
Since October 2007
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2007-21 of October 16, 2007 on consumer protection in the Republic of Benin (Loi No. 2007·21 du 16 Octobre 2007 portant protection du consommateur en République du Bénin)
Law No. 2017-20 on the Digital Code in the Republic of Benin (Loi No. 2017-20 portant code du numérique en République du Bénin)
Law No. 2017-20 on the Digital Code in the Republic of Benin (Loi No. 2017-20 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions. In addition, in the particular domain of digital communication and online commerce, Art. 115 of Law No. 2007-21 has provisions that protect consumers and ARCEP (Regulatory Authority) is given the mission to examine consumer complaints.
Coverage Horizontal
BENIN
Since November 2019, entry into force in June 2020
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BENIN
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
BENIN
N/A
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Lack of self-declaration of conformity
It is reported that Benin’s national standards body develops and implements its own national standardization and certification policy, including for electricity. The National Agency for Standardisation, Metrology and Quality Control (ANM) has a mandate to request certificate of conformity. It is not clear whether tests from foreign laboratories are accepted.
Coverage Horizontal
BENIN
Reported in 2019
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that, amid Benin’s 2019 parliamentary elections, providers in Benin blocked access to social media networks and communication apps for several hours. The restricted communication services were: Facebook, Twitter, Instagram, WhatsApp, Telegram, Viber, Google Hangouts, Facebook Messenger, LinkedIn, WeChat, Skype, Tinder, Snapchat. The link sharing service t.co and certain backend image, video and registration services were also blocked for several of the apps. Virtual private networks (VPNs) were also inaccessible in the country, including Tunnelbear, Hola, TigerVPN, PureVPN and the homepage of the open source OpenVPN software project.
Coverage Social media networks, communication apps and VPNs
BENIN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Benin's law and jurisprudence.
Coverage Internet intermediaries
BENIN
Since August 2016
Pillar Intermediary liability |
Sub-pillar User identity requirement
Decree No. 2016- 465 of August 03, 2016 on the obligation to identify subscribers to electronic communications networks and services in the Republic of Benin (Décret No. 2016- 465 du 03 Août 2016 portant obligation d'identification des abonnés aux réseaux et services de communications électroniques en République du Bénin)
According to Art. 1 of Decree No. 2016-465, operators of fixed or mobile telephone networks open to the public, Internet access and/or service providers must identify all their subscribers at the time of service subscription. Art. 15 stipulates that mobile telecommunication network operators shall validate the encoding of the required identification data before the activation of the SIM card. Subscriber identification data includes, at a minimum, civil status data, biometric data and domicile.
Moreover, operators of cybercafés operating in the Republic of Benin are obliged to declare their activities to the Autorité de Régulation des Communications Électroniques et de la Poste (Regulatory Authority for Electronic Communications and the Post) via a declaration of intent to market Internet services (Art. 19). Operators of cybercafés operating in the national territory are required to identify their customers in advance (Art. 20).
Moreover, operators of cybercafés operating in the Republic of Benin are obliged to declare their activities to the Autorité de Régulation des Communications Électroniques et de la Poste (Regulatory Authority for Electronic Communications and the Post) via a declaration of intent to market Internet services (Art. 19). Operators of cybercafés operating in the national territory are required to identify their customers in advance (Art. 20).
Coverage Telecommunication sector, cybercafés