Database

Browse Database

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Electronic Communications and Postal Regulatory Authority (ARPCE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

CONGO

Since November 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 8-2001 on Freedom of Information and Communication (Loi No. 8-2001 Sur la Liberté d'Information et de la Communication)
Art. 38 of Law No. 8-2001 mandates a residency requirement for the publication director of the newspapers, also online.
Coverage Newspapers, including online

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Minimum capital requirement to obtain a license
It is reported that different minimum capital requirements are established to obtain different types of telecom licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

CONGO

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including the Republic of Congo, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

CONGO

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Republic of Congo is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CONGO

Since March 1977, as amended in December 2015, entry into force in November 2020
Since July 1982

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Law No. 24/82 of 7 July 1982 on Copyright and Neighbouring Rights (Loi No. 24/82 du 7 juillet 1982 sur le droit d'auteur et les droits voisins)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Congo and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Art. 33 of Law No. 24/82 also provides for limitations on copyright.
Coverage Horizontal

CONGO

Reported in 2015, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in the Republic of Congo. It is reported are high levels of piracy and that the Republic of Congo government computers use unlicensed software.
Coverage Software

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CONGO

Since November 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology services to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Congo does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Congo since 2002.
Coverage Horizontal

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in the Republic of Congo to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

CONGO

Since May 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2009-162 (Décret No. 2009-162)
According to Art. 11 of Decree No. 2009-162, public contracts for the supply of goods or services should be open to international competitive bidding only when they have a value greater than or equal to CFAF 500 million (approx. USD 820,000).
Coverage Horizontal

CONGO

Since May 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2009-156 Enacting the Government Procurement Code (Décret No. 2009-156 portant code des marchés publics)
Art. 62 of the Government Procurement Code permits the preferential treatment of Congolese businesses if provided for in the tender documents. It allows domestic bidders' offers to be reduced by up to 15%. In addition, as part of the evaluation of the tenders, bids from candidates based in the Economic and Monetary Community of Central Africa (CEMAC) zone have a 10-point advantage.
Coverage Horizontal

CONGO

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
The Republic of Congo is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

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