ALGERIA
Since July 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Law Order, No. 03-05, corresponding to July 19, 2003 related to Copyrights and Neighboring Rights (Ordonnance No. 03-05, Correspondant au 19 Juillet 2003 Relative aux Droits D'auteur et aux Droits Voisins)
The Copyright and Neighbouring Rights Law does not provide any fair use/fair dealing model for copyright exceptions. However, Arts. 33-53 provide a list of wide exceptions. These include: materials that are printed, audio, audio-visual or any other form prepared for school or university education; work converted for personal or family purposes; usage of decorative or illustrative drawing of a literary or artistic work in a publication, in an audio or audio video recording or in audio or audio video programs meant for teaching or professional training as long as it is intended to achieve the targeted purpose; free acting or performing of a work; libraries and document keeping centers, not aiming at making direct or indirect commercial profits, can reproduce a work without the author’s or right owner’s permission in response to a request from another library or document keeping center, or to maintain the work’s copy, or to compensate a damaged, lost or void one; and mass media institutions reproducing, circulating or conveying to the public articles on daily events published by newspapers, radio or television, without permission from the author or reward to him, provided that the author and the source are indicated, unless there is an express provision prohibiting its use for such purposes.
Coverage Horizontal
ALGERIA
Reported in 2017, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Algeria lacks proper enforcement efforts against copyright piracy, including online and Internet Protocol Television (IPTV) piracy. In addition, it is reported that the rate of unlicensed software installation in the country was 82% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of unlicensed software of USD 70 million. Moreover, despite having a legal framework on copyright, it is reported that there are major holes in the framework for enforcing copyrights, including clear guidance on Internet service providers' (ISP) liability and effective provisions for the takedown of infringing websites.
Coverage Horizontal
Sources
- http://www.theglobalipcenter.com/wp-content/uploads/2017/02/Algeria.pdf
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- http://www.theglobalipcenter.com/wp-content/uploads/2018/02/Algeria.pdf
- https://www.privacyshield.gov/article?id=Algeria-Protecting-Intellectual-Property
- https://www.valueingenuity.com/wp-content/uploads/ip-index-2021/dz.pdf
- Show more...
ALGERIA
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Practical restrictions related to enforcement of patents
It is reported that there are concerns that Algeria does not provide adequate judicial remedies in cases of patent infringement.
Coverage Horizontal
ALGERIA
Since July 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 22-18 of 25 Dhou El Hidja 1443 corresponding to July 24, 2022 relating to investment (Loi No. 22-18 du 25 Dhou El Hidja 1443 correspondant au 24 juillet 2022 relative à l’investissement)
Chapter 3 of Law No. 22-18 establishes the Algerian Agency for Investment Promotion. The Agency, among other activities, should ensure that the investors comply with the legislation in force and the standards relating, in particular, to environment and public health protection, to competition, work and transparency of accounting, tax and financial information (Art. 15). The controls are done both before the investment (during recording and processing of investment files) and after (during monitoring of investment projects).
Coverage Horizontal
ALGERIA
Since November 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Decree No. 20-332 Governing the Electronic Press (Décret exécutif No. 20-332 du 6 Rabie Ethani 1442 correspondant au 22 novembre 2020 fixant les modalités d'exercice de l'activité d’information en ligne et la diffusion de mise au point ou rectification sur le site électronique)
Under Decree No. 20-332, news sites must be based physically in Algeria. Art. 6 establishes that "the online information activity is subject to the publication through an electronic site, whose hosting is exclusively domiciled, physically and logically in Algeria, with a domain name extension ".dz"."
Coverage Online news
ALGERIA
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Presidential Decree No. 15-247 of September 16, 2015 regulating public procurement and public service delegations (Décret présidentiel No. 15-247 16 septembre 2015 portant réglementation des marchés publics et des délégations de service public)
Art. 85 of the Preferential Decree No. 15-247 requires that, in circumstances when relying on national production and/or entities is not possible, foreign companies bidding alone for a public tender are obliged to subcontract at least 30% of the contract price to Algerian companies. In the prior public procurement law, there were no specifications in terms of the percentage that foreign bidders should subcontract to local companies. Therefore, theoretically enabling them to provide their local Algerian partners with a lower than 30% of the total contract in order to comply with the Algerian public procurement rule that obliges foreign bidders collaborate with local entities.
Coverage Horizontal
ALGERIA
Since October 2010, repealed in September 2015 (but still applicable)
Since September 2015
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Presidential Decree No. 10-236 of 7 October 2010, enacting the Public Contracts Code (Décret présidentiel No. 10-236 du 7 octobre 2010 portant réglementation des marchés publics)
Presidential Decree No. 15-247 of September 16, 2015 regulating public procurement and public service delegations (Décret présidentiel No. 15-247 du 16 septembre 2015 portant réglementation des marchés publics et des délégations de service public)
Presidential Decree No. 15-247 of September 16, 2015 regulating public procurement and public service delegations (Décret présidentiel No. 15-247 du 16 septembre 2015 portant réglementation des marchés publics et des délégations de service public)
The Presidential Decree No. 10-236 has been repealed in September 2015 by Presidential Decree No. 10-247. However, pursuant to Art. 218 of Presidential Decree No. 15-247, Art. 23 of the Presidential Decree No. 10-236 remains in force pending the publication of the new implementing regulations. Art. 23 stipulates that:
- Relating to procurements of goods, a 25% preference margin is granted to locally manufactured products upon receipt of a certificate of Algerian origin;
- Relating to the procurements of services, a 25% preference margin is granted to enterprises under Algerian law as well as to mixed groups (i.e. comprising both Algerian and foreign members) up to the limit of the part owned by the Algerian enterprise in the group.
- Relating to procurements of goods, a 25% preference margin is granted to locally manufactured products upon receipt of a certificate of Algerian origin;
- Relating to the procurements of services, a 25% preference margin is granted to enterprises under Algerian law as well as to mixed groups (i.e. comprising both Algerian and foreign members) up to the limit of the part owned by the Algerian enterprise in the group.
Coverage Horizontal
ALGERIA
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)
Algeria is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
ALGERIA
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)
Algeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
ALGERIA
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Decree No. 15-247 of 2 Dhou El Hidja 1436 corresponding to September 16, 2015 bearing regulation of public procurement and public service delegations (Décret Présidentiel No. 15-247 du 2 Dhou El Hidja 1436 correspondant au 16 Septembre 2015 portant réglementation des marchés publics et des délégations de service public)
According to Art. 5 of Presidential Decree No. 15-247, in order to ensure the efficiency of the order and the proper use of public funds, public contracts must respect the principles of free access to public procurement, equal treatment of candidates regardless of nationality, and transparency of procedures. However, Art. 85 of the Presidential Decree also requires that the governmental purchaser, in the process of drafting the eligibility criteria and the offer evaluation procedure, must consider whether national production and/or national entities can meet the needs of the contract – and therefore by that extent also favour batches or products that can be subcontracted or acquired on the local Algerian market. In circumstances when relying on national production and/or entities is not possible, foreign companies can bid with certain limitations. Imported products may only be used in circumstances when the equivalent of the products is either not available at a national level or the national products do not possess the acceptable quality standards.
Coverage Horizontal
Sources
- https://www.caci.dz/fr/Nos%20Services/Information%20juridique/Documents/r%c3%a9glementation%20des%20march%c3%a9s%20publics.pdf
- https://www.trade.gov/country-commercial-guides/algeria-information-communications-technologies
- https://www.globaltradealert.org/intervention/56541/public-procurement-localisation/algeria-the-government-issues-a-new-regulation-concerning-the-national-public-procurement-system
- Show more...
ALGERIA
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)
15.46%
Coverage rate of zero-tariffs on ICT goods (%)
24.90%
Coverage: Digital goods
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Vanuatu 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
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Vanuatu has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
VANUATU
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Vanuatu has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
VANUATU
Since October 2015
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015
The Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015 provides a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal