Database

Browse Database

GABON

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Gabon's law and jurisprudence.
Coverage Internet intermediaries

GABON

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Gabon imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

GABON

Since February 2018

Pillar Intermediary liability  |  Indicator Monitoring requirement
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Arts. 12 and 16 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime require network operators, electronic communication service providers and information system operators to install data traffic monitoring mechanisms in their networks. This data can be accessible during judicial investigations.
Coverage Telecommunication sector

GABON

Since February 2013

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Order No. 000198/MENCP/MPMEAC/MEEDD of 20 February 2013 Determining the Procedure for Importing Telecommunications Equipment in the Gabonese Republic (Arrêté No. 000198/MENCP/MPMEAC/MEEDD du 20 Février 2013 Déterminant la Procédure d'Importation d'Équipements des Télécommunications en République Gabonaise)
According to Art. 3 of Order No. 000198/MENCP/MPMEAC/MEEDD determining the procedure for importing telecommunications equipment into the Gabonese Republic, any import of telecommunications equipment or material, including any transmission medium, except those used for the needs of National defence and Public Security and those dedicated to the production and programming activities of sound or television broadcasting, is subject to the presentation of a Special Import authorisation (ASI) issued jointly by ARCEP and the General Directorate of Commerce.
Coverage Telecommunication equipment

GABON

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 Gabon to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Gabon Telecom SA, the incumbent public operator, is fully owned by the Gabonese state. Gabon Telecom SA is the major supplier of internet access, with around 59% market share (number of subscribers) in 2021.
Coverage Telecommunications sector

GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Gabon mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Gabon has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Post and Electronic Communications Regulatory Authority (ARCEP), 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

GABON

Since July 1998

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 15/98 of 23 July 1998 establishing the Investment Charter in the Gabonese Republic (Loi No.15/1998 instituant la Charte des Investissements)
There are no limits on foreign ownership or control in Gabon. Investments in Gabon are governed by the Gabonese 1998 Investment Charter of 1998, which is aligned with the Central African Economic and Monetary Community (CEMAC) investment regulations. The Charter provides the same rights to foreign companies operating in Gabon as to domestic firms.
Coverage Horizontal

GABON

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'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Gabon, 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

GABON

Since January 1978

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

GABON

Since July 1987
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 1/87 on the Establishment of the Protection for Copyright and Neighbouring Rights (Loi No. 1/87 Instituant la Protection du Droit d'Auteur et des Droits Voisins)

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)
Gabon has a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission (Arts. 33-37 of Law No. 1/87). The regime follows the fair use model. In addition, the Revised Bangui Agreement, which 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 Gabon and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.
Coverage Horizontal

GABON

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Gabon has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GABON

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Gabon has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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