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MOZAMBIQUE

Since December 2015

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Decree 49/2015 of 31 December - Intellectual Property Code
There is no comprehensive regulatory framework for trade secrets in Mozambique, but general principles applicable to trade secrets are covered by the Industrial Property Code. Article 213 (3) considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor, without their consent and in a manner which is contrary to honest commercial practices, provided that such information:
- is secret, in the sense that it is not known or easily accessible to persons in circles that normally deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components;
- has a commercial value because it is secret;
- has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of state-owned enterprise in the telecom sector
There is a state-owned enterprise (Tmcel - Moçambique Telecom, SA), which was once the monopoly holder in the sector, but no longer leads the market. Vodacom, SA remains the operator holding the largest market share, with 49% of subscribers.
Coverage Telecommunication sector

MOZAMBIQUE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of functional and accounting separation
It is reported that no law or policy mandate both functional and accounting separation for the operator with significant market power.
Coverage Telecommunications Sector

MOZAMBIQUE

https://www.gp-digital.org/world-map-of-encryption/

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Minimum capital requirements in the telecom sector.
According to the legal framework there are no discriminatory conditions applied to foreign companies to obtain licences to operate in telecommunications sector nor strict licencing requirement other than the standard ones. Besides, there are no records of complaints by any operator regarding any strict licencing requirements.

It is reported that there is minimum capital a requirement to obtain a licence:
- 70.000.000 Meticals for unified licenses (approx. USD 1,090,000);
- 56.000.000 to 86.000 Meticals for telecommunications network (approx. USD 877,000 to USD 1,300);
- 11.250.000 to 43.000 Meticals for telecommunications services (approx. USD 176,000 to USD 6,700);
- 34.000 to 113.000 Meticals for supply, installation and maintenance, import, distribution and sale of telecommunications equipment (approx. USD 530 to USD 1,790);
- 25.000 to 55.000 Meticals for numbering licenses (approx. USD 390 to USD 860).
Coverage Telecommunication sector

MOZAMBIQUE

Since 1994

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of adoption of the WTO Telecom Reference Paper
Mozambique has not attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunication sector

MOZAMBIQUE

Since February 2001

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 4/2001 of 27 February - Copyright Act
The Copyright Act does not incorporate any provision that refers to "fair dealing" (reasonable treatment).
On the contrary, the Copyright Act defines the exceptions and limitations in a detailed manner, and these exceptions are under the three-step test of the Berne Convention.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mozambique did not accede to the WIPO Copyright Treaty.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of signature of the WTO Government Procurement Agreement
Mozambique is not a signatory of the WTO GPA
Coverage Horizontal

MOZAMBIQUE

Since 1993
Since 2009

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law no. 3/1993 of 24 June - Investment Law

Law no. 4/2009 12 of January - Tax Benefits Code
Although Mozambican laws proclaim the need for foreign investors to demonstrate the economic and social benefits to places where they propose to invest, such screenings (through the Investment Law and Tax Benefits Code) are not non-transparent, uncertain, or discriminatory. It is a legal requirement that the Government uses to ensure the projects presented by the investors (benefiting from tax incentives and other exemptions and incentives) are effectively beneficial to the surrounding communities.

Currently, the incentives granted to the investments are no longer given on a case-by-case basis to privileged investors like it used to happen in the past, but instead, based on the law, which clarified the situation.
Coverage Horizontal

MOZAMBIQUE

Since December 2015

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Decree No. 47/2015 of 31 December - Industrial/Intellectual Property Code
Although foreign patents might be recognized/ registered in Mozambique (upon the payment of a fee amounting to MZN 5,400, equivalent to USD 84), there is a requirement to have a local representative when applying for the registration.

According to the Industrial Property Code (Decree no. 47/2015) if the applicant is a resident (based or with registered offices) in Mozambique, the application for registration may be filed directly with Intellectual Property Institute (IPI) with no need to appoint an Intellectual Property official agent. On the contrary, if the applicant is not domiciled or resident in Mozambique, he/she must be represented by a Mozambican Intellectual Property Agent.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"2309"},{"post_id":"2310"},{"post_id":"2311"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

MOZAMBIQUE

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)
5.34%
Coverage rate of zero-tariffs on ICT goods (%)
13.78%
Coverage: Digital goods