BURUNDI
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
Burundi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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
BURUNDI
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite Law No. 1/021 of December 30, 2005, on the protection of copyright and related rights in Burundi complies with international standards, 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 Article 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) |
Sub-pillar Adoption of the World Intellectual Property Organization (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) |
Sub-pillar Participation in the Patent Cooperation Treaty
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) |
Sub-pillar Copyright law with clear exceptions
Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi (Loi N° 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 list the exceptions, which include the case of any work that has been lawfully published, the case of an article published in newspapers or periodicals on current economic, political, or religious topics, and the case of the broadcast of any work of the same character, or the purpose of reporting on a current event, among others.
Coverage Horizontal
BURUNDI
Since July 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Law, Law No. 1/13
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 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)
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
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)
6.79%
Coverage rate of zero-tariffs on ICT goods (%)
51.25%
Coverage: Digital goods
BURUNDI
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 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
BENIN
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
Benin 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
BENIN
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
Benin 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
BENIN
Since October 2007
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2007-21 of October 16, 2007 on consumer protection in the Republic of Benin (Loi No. 2007·21 du 16 Octobre 2007 portant protection du consommateur en République du Bénin)
Law No. 2017-20 on the Digital Code in the Republic of Benin (Loi No. 2017-20 portant code du numérique en République du Bénin)
Law No. 2017-20 on the Digital Code in the Republic of Benin (Loi No. 2017-20 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions. In addition, in the particular domain of digital communication and online commerce, Art. 115 of Law No. 2007-21 has provisions that protect consumers and ARCEP (Regulatory Authority) is given the mission to examine consumer complaints.
Coverage Horizontal
BENIN
Since November 2019, entry into force in June 2020
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BENIN
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 USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal