BURUNDI
Since September 2018
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 1/19 of 14 September 2018 amending Law No. 1/15 of 9 May 2015 Governing the Press in Burundi (Loi No. 1/19 du 14 septembre 2018 portant modification de la Loi N. 1/15 du 9 mai 2015 régissant la presse au Burundi)
According to Section 3 of the 2018 Press Law, the "Conseil National de la Communication" (CNC) is entitled to unilaterally distribute and withdraw a press card to journalists with high discretion, including for electronic media.
Coverage Media sector
BURUNDI
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 Burundi to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
BURUNDI
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.53%
Coverage rate of zero-tariffs on ICT goods (%)
50.59%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BURUNDI
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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)
Burundi is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
BURUNDI
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)
Burundi is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal
BURUNDI
Since June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 1/19 of 17 June 2021 amending Law No. 1/24 of 10 September 2008 on the Investment Code of Burundi (Loi No. 1/19 du 17 juin 2021 portant modification de la loi No. 1/24 du 10 septembre 2008 portant code des investissements du Burundi)
Burundi's foreign investment is regulated by the Investment Law of 2021, which allows open investment. Art. 12 of the Law stipulates that the Republic of Burundi shall refrain from any form of discrimination in the area of ownership.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240712190534/https://assemblee.bi/wp-content/uploads/2024/01/N%C2%B019-du-17-juin-2021.pdf
- https://web.archive.org/web/20240616095436/https://investmentpolicy.unctad.org/investment-laws/laws/372/burundi-investment-law-2021
- https://www.state.gov/reports/2023-investment-climate-statements/burundi/
- Show more...
BURUNDI
Since July 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 1/13 on Industrial Property (Loi No. 1/13 du 28 juillet 2009 relative à la propriété industrielle)
In matters of procedure for granting and administering the patents, Section 468 of the Industrial Property Law requires that "any holder of an industrial property right (including patents) whose usual residence or main establishment is located outside Burundi must be represented either by a legal advisor who resides and practices in Burundi, or by a natural person or legal entity with professional experience in the field of industrial property who/which resides and exercises his/its profession of legal consultant in Burundi".
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Burundi is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BURUNDI
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi (Loi No. 1/021 du 30 décembre 2005 portant protection du droit d'auteur et des droits voisins au Burundi)
Burundi has a copyright regime under Law No. 1/021. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-28 list the exceptions, which include (i) the reproduction, translation, or adaptation of works for personal use; (ii) the use of works for reporting current events or including them in films or TV broadcasts if the works are publicly visible; (iii) the reproduction of computer programs for personal or archival purposes by lawful owners; and (iv) temporary reproductions made during digital transmissions if authorised.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite Law No. 1/021 of December 2005 complies with international standards for the protection of copyright, on a practical level, it is reported that the implementation of this law is still poor and enforcement measures are lagging behind. The Penal Code and Code of Criminal Procedure outline the specific penalties for IP infringement, as stated in the copyright law Arts. 91-94. Nonetheless, as of 2021, Burundi still does not have any sanctions applied in case the rights under the intellectual property law are infringed upon.
Coverage Horizontal
BURUNDI
Since April 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Burundi has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BURUNDI
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
Burundi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Burundi does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. These relate to confidential information set out in Law No. 1/13 of July 28, 2009, on Industrial Property in Burundi, with respect to traditional knowledge, established in Sections 254-264 and the preservation of manufacturing or trade secrets by judicial officers in patent court cases (Section 418). In addition, Law No. 1/06, of March 25, 2010, on the Legal Regime of Competition, deals with secrecy or confidentiality requirements for investigators to preserve business/trade secrets they access or acquire from entities during investigations (Sections 15-16).
Coverage Horizontal
BULGARIA
Since 2018
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Terms and conditions for domain name registration and support in the .bg zone and sub-zones
Under Art. 3 of the Terms and Conditions for Domain Name Registration and Support in the ".bg" Zone and the Sub-Zones, only Bulgarian and EU natural and legal persons can register a ".bg" domain, as well as foreigners with a right for permanent residence on these territories. Entities that do not meet these conditions must act through a representative that does.
Coverage Horizontal
BULGARIA
Since June 2014
Since June 2006, as amended in July 2014
Since June 2006, as amended in July 2014
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act of 25 July 2014. This includes comprehensive obligations to inform consumers about distance sales, a right to withdraw and rules on the recognition of digital signatures.
Coverage Horizontal
