LIBERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Liberia has no rules applicable to the protection of trade secrets.
Coverage Horizontal
LIBERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Liberia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LIBERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Liberia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LIBERIA
Reported in 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the Liberia Intellectual Property Office (LIPO) lacks both technical and financial capacity to address IPR infringements. There is no anti-piracy intellectual property law and there have been complaints from the Musician and Movie Unions about unauthorized individuals using their copyrighted work for economic benefits. The Movie Union also marched in the Street of Monrovia, against piracy.
Coverage Horizontal
LIBERIA
Since August 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Liberia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LIBERIA
Since June 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Liberia Intellectual Property Act, 2016
Liberia has a clear regime of exceptions to copyright that follows fair use, which allows for the lawful use of copyrighted works by third parties without the need to obtain permission. The Intellectual Property Act (Section 9.8. Fair Use) contains a provision on fair use of copyrighted works. It further stipulates four factors for determining whether a particular case is fair use: the purpose and character of the use, including whether such use is commercial in nature or for educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use on the potential market for or value of the work. Moreover, an identical provision was already included in the Copyright Act of 1997 (Section 2.7), which was repealed by the Liberian Copyright Act of 2016.
Coverage Horizontal
LIBERIA
Since May 2010
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Act of 2010
The Investment Act of 2010 (Schedule: Limited Restrictions to Foreign Ownership of Enterprises (2)) requires joint venture or partnership between a Liberian and non-Liberian to invest into advertising, graphics and commercial artists with the conditions that the total shareholding of the Liberian is at least 25% and the total capital invested is not less than USD 300,000. Alternatively, foreign investments are allowed without restrictions only if the total investment capital is not less than USD 500,000.
Coverage Advertising, graphics and commercial artists
LIBERIA
Since May 2010
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Requirement to engage in joint ventures to invest or operate
Investment Act of 2010
The Investment Act of 2010 (Schedule: Limited Restrictions to Foreign Ownership of Enterprises (2)) requires joint venture or partnership between a Liberian and non-Liberian to invest into advertising, graphics and commercial artists with the conditions that the total shareholding of the Liberian is at least 25% and the total capital invested is not less than USD 300,000. Alternatively, foreign investments are allowed without restrictions only if the total investment capital is not less than USD 500,000.
Coverage Advertising, graphics and commercial artists
LIBERIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Liberia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
LIBERIA
Since September 2005, last amended in September 2010
Since June 2014
Since June 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Section 45 of the Amendment and Restatement of the Public Procurement and Concessions Act gives a public procuring entity the authority to grant margin of preference to domestic businesses, solely-Liberian owned businesses and Liberian businesses, based on thresholds promulgated through regulations by the Public Procurement and Concession Commission. The general objective is to give advantage to these businesses in the procurement of works, services, goods etc., against foreign competitors. According to Regulations 21 and 67 of the Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010, the margin of preference ranges from 2% to 50% for procuring entity and 4% to 25% for concessionaires.
Coverage Horizontal
LIBERIA
Since September 2005, last amended in September 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
According to Art. 49 of The Public Procurement and Concessions Act, 2005, the Procuring Entity shall employ international competitive bidding procedures when the estimated contract amount exceeds the following value threshold:
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may be used whenever open competitive bidding is used and effective competition cannot be obtained unless foreign firms are invited to bid.
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may be used whenever open competitive bidding is used and effective competition cannot be obtained unless foreign firms are invited to bid.
Coverage Horizontal
LIBERIA
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Liberia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
LIBERIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.75%
Coverage rate of zero-tariffs on ICT goods (%)
0.82%
Coverage: Digital goods
MALAWI
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Malawi 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
MALAWI
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Malawi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal