MADAGASCAR
Since February 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Madagascar has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MADAGASCAR
Since February 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Madagascar has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MADAGASCAR
Since December 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 94-036 of 18 December 1995 on Literary and Artistic Property (Loi N. 94-036 du 18 Décembre 1995 portant sur la Propriété Littéraire et Artistique)
Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.
Coverage Horizontal
MADAGASCAR
Reported in September 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.
Coverage Horizontal
MADAGASCAR
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Madagascar is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MADAGASCAR
Since July 2016
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2016-029 of 14 July 2016 on the Media Communication Code (Loi N. 2016-029 du 14 Juin 2016 portant code de la Communication Médiatisée)
According to Art. 85, the publication director of a media communication enterprise (including journalistic publication enterprises on the Internet) must have a fiscal residence in Madagascar, be of age, enjoy civil and civic rights, and not have been the target of a judicial conviction.
Coverage Media communication
MADAGASCAR
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)
Madagascar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
MADAGASCAR
Since January 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 2016-055 of 25 January 2017 on the Public Procurement Code (Loi No. 2016-055 du 25 Janvier 2017 portant Code des Marchés Publics)
According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15%, to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.
Coverage Horizontal
MADAGASCAR
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)
Madagascar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
MADAGASCAR
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)
7.19%
Coverage rate of zero-tariffs on ICT goods (%)
29.35%
Coverage: Digital goods
LESOTHO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Lesotho has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
LESOTHO
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
Lesotho 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
LESOTHO
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
Lesotho has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
LESOTHO
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Lesotho does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ls
- https://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipssa/events/2013/Lesotho/Lesotho_E-transactions%20Bill%202nd%20DRAFT%20clean.docx
- https://tradecca.thecommonwealth.org/document/lesotho-electronic-transactions-and-electronic-commerce-bill
- Show more...
LESOTHO
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is equal to USD 17 (Intra-Southern African Customs Union) and USD 35 (Extra-Southern African Customs Union), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal