Database

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TOGO

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)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Togo, 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

TOGO

Since January 1978

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

TOGO

Since June 1991
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. 91-12 of 10 June 1991 on the protection of folklore copyright and related rights (Loi No. 91-12 du 10 juin 1991 portant protection du droit d'auteur du folklore et des droits voisins)

Bangui Agreement Relating to the Creation of an African Intellectual Property organisation, 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 organisation 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)
Togo has a copyright regime under the law Law no. 91-12. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 20-24 list the exceptions, which include communications such as representation, performance, and broadcasting if they are private, performed exclusively within the family circle and do not give rise to any type of income; if they are conducted free of charge for strictly educational or school purposes or during a religious service in premises reserved for that purpose; among others.
The Revised Bangui Agreement 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 Benin and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal

TOGO

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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Togo is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

TOGO

Since June 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-080/PR of 06 July 2022 on the Public Procurement Code (Décret No. 2022-080/PR du 06 juillet 2022 portant code des marchés publics)
According to Art. 92 of Decree No. 2022-080/PR, which repeals Decree No. 2009 - 277/PR on the Code of Public Procurement and Public Service Delegations of 2009, in the award of a public contract and in order to encourage the participation of Community enterprises and very small, small and medium-sized domestic enterprises, a margin of preference shall be given to the bid that complies with the bidding or consultation documents and is submitted by a Community bidder. According to Art. 93, for public contracts awarded by international tender, a preference of up to 15% is given to candidates from Togolese law or West African Economic and Monetary Union (WAEMU) member states if certain conditions are met: (i) at least 50% of technical managers and staff are Togolese or WAEMU nationals; (ii) for firms and design offices, more than 50% of key personnel are from WAEMU; (iii) and for suppliers, goods must originate from Togo or WAEMU with at least 30% added value or be based on the bidder's nationality for imported goods.
Legal entities benefit if over half their share capital and management are controlled by Togolese or WAEMU nationals. Contracting authorities must apply a 15% preference to tenders subcontracting at least 30% of the contract to local SMEs and a 5% preference to bids by Togolese artisans or WAEMU-based craft enterprises, with this artisanal preference being cumulative with the Community preference.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"104012"},{"post_id":"104013"},{"post_id":"104014"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TOGO

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)
11.64%
Coverage rate of zero-tariffs on ICT goods (%)
5.18%
Coverage: ICT goods

TANZANIA

Since May 2015

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Electronic Transactions Act, 2015
According to Art. 33 of the Electronic Transactions Act, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied to their services. It is unclear whether this can entail disclosure of trade secrets.
Coverage Cryptographic or certification service

TANZANIA

Reported in 2021, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tanzania does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TANZANIA

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Local presence requirement for domain registration
The domain registration requires local presence or representation. It is reported that a business should be registered locally (as a local or foreign business) to get the local domain (co.tz). After registering the company (which may require either local presence or representation), domain registration can then be done online.
Coverage Horizontal

TANZANIA

Since May 2015
Since February 2018

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2015

Electronic and Postal (Consumer Protection) Regulations 2018
The Electronic Transactions Act (Section 28-32) and the Electronic and Postal (Consumer Protection) Regulations 2018 provide a comprehensive framework for consumer protection that also applies to online transactions. However, both acts are reported to not offer online complaint resolution provisions, which can lower consumers' confidence to participate in the digital trade. Furthermore, Tanzania recognises e-signatures under several laws, including the Arbitration Act of 2020 (Section 87), the E-government Act of 2019 (Section 27), and the Electronic Transactions Act of 2015 (Section 6).
Coverage Horizontal

TANZANIA

N/A

Pillar Online sales and transactions  |  Indicator 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
Tanzania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TANZANIA

Since 2015

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Tanzania has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

TANZANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tanzania 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

TANZANIA

Reported in 2024

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2024, Tanzania implemented a series of digital restrictions affecting access to websites and online platforms. In August, the government blocked the social media platform X (formerly Twitter) nationwide following the hacking of the Tanzania Police Force’s official account, which had been used to spread false information. The authorities cited national security concerns and warned that using VPNs to bypass the block could lead to legal penalties. Further actions included the October 2024 suspension of Mwananchi Communications Ltd.’s online platforms for 30 days, following the publication of content deemed threatening to national unity. Additionally, research by the Open Observatory of Network Interference (OONI) documented the blocking of numerous websites and applications related to LGBTIQ issues, including Grindr, between January 2023 and January 2024, as well as restricted access to VPN services, Clubhouse, and 4chan.
Coverage Social media platforms

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