CABO VERDE
Since August 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Legislative Decree No. 4/2007 of 20 August 2007, Approving the Intellectual Property Code (Decreto-Legislativo No. 4/2007, de 20 de agosto, que aprova o Código da Propriedade Intelectual)
Art. 226 of the Legislative Decree approving the Intellectual Property Code provides that the applicant must appoint a representative in Cabo Verde in the case of patent applications filed by interested parties (natural or legal persons) who are not domiciled or established in Cabo Verde. However, the interested party or the holder of the right, whether natural or legal, domiciled or resident in Cabo Verde, is free to present his applications for industrial property titles in person or to have them presented by a recognised lawyer (Art. 225(1)).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128134650/https://igqpi.cv/wp-content/uploads/2021/10/Decreto-Legislativo-no-4_2007_-Aprova-o-Co%CC%81digo-da-Propriedade-Industrial.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
CABO VERDE
Since July 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cabo Verde is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
Sources
- https://www.wipo.int/pct/en/pct_contracting_states.html
- https://www.wipo.int/wipolex/en/treaties/ShowResults?start_year=ANY&end_year=ANY&search_what=C&code=ALL&treaty_id=6
- https://web.archive.org/web/20231001191041/https://www.ipstars.com/NewsAndAnalysis/Cape-Verde-steps-up-its-pace-in-IP-protection/Index/8368
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CABO VERDE
Since April 2009, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Decree-Law No. 1/2009 of 27 April 2009, on the Revision of Copyright Law (Decreto-Legislativo No. 1/2009 de 27 de abril de 2009, sobre a Revisão da Lei dos Direitos do Autor)
Cabo Verde has a copyright regime under Decree-Law No. 1/2009. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 62 lists the exceptions, which include: the purposes of research or private study by the person using the work; the use in a private event that is not for profit and for which entry is not charged; the review or news reporting; the reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries or centres; the use in documentation files of general interest or public institutions with a scientific or technological vocation; or the use by educational establishments; the reproduction of works, permanently exposed to the public through images or reports for academic use; the reproduction of an arrangement or translation exclusively for individual and private use; quotations from copyright work and critics; speeches and lectures before the media; performance of hymns, as well as works of a religious character; private reproduction of an arrangement or translation exclusively for an individual; among others.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/504237
- https://web.archive.org/web/20210301155712/http://igae.cv/igae/wp-content/uploads/2019/04/Decreto-Legislativo-1-2009-de-27-de-Abril-Lei-dos-Direitos-de-Autor-1-Vers%C3%A3o-consolidada.pdf
- https://www.wipo.int/wipolex/en/text/504247
- https://web.archive.org/web/20241128134326/https://kb-wordpress.gov.cv/wp-content/uploads/2020/05/cv028pt-1.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
- https://web.archive.org/web/20230528113947/https://www.wipo.int/edocs/mdocs/copyright/en/wipo_cr_nbo_19/wipo_cr_nbo_19_education.pdf
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BURUNDI
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Burundi 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
BURUNDI
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Burundi 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
BURUNDI
Since April 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
According to Art. 17 of Decree No. 100/97, importers of electronic communications equipment must register and obtain validation and authorisation of intent to import from the Telecommunications Regulatory and Control Agency (ARCT).
Coverage Importers of electronic communications equipment
BURUNDI
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Type approval procedures in Burundi are regulated by the "Agence de regulation et de controle des telecommuincations". It is reported that the conformity requirements are similar to those of the European Union. The homologation process in X does not require local laboratory testing or contact with local representatives.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240302144127/https://ib-lenhardt.com/type-approval/burundi
- https://web.archive.org/web/20230531182333/https://bbnburundi.org/qualite/
- https://web.archive.org/web/20230112132704/https://bbnburundi.org/wp-content/uploads/2019/04/listofnationalstandardsadopted.pdf
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BURUNDI
Since April 2014
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
According to Arts. 20-21 of Decree No. 100/97, any natural or legal person wishing to operate a value-added service must obtain prior authorisation from the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications). According to the Decree, value-added services include exploiting electronic commerce platforms and operating money transfer and mobile payment platforms. To apply, the following documents must be submitted: a reasoned application, the identification of the applicant, the technical and financial means that it intends to use, and the concessionaire with whom it intends to establish a partnership, if applicable.
Coverage E-commerce sector
BURUNDI
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burundi does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is an informal reported threshold of USD 100.
Coverage Horizontal
BURUNDI
Since January 2015
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law No. 1/01 of 16 January 2015 Revising the Commercial Code (Loi No. 1/01 du 16 janvier 2015 portant révision du Code de commerce)
According to Art. 18 of Burundi's Commercial Code, foreign merchants residing outside Burundi must have an elected domicile in Burundi and appoint a legal representative who has permanent residence in Burundi.
Coverage Horizontal
BURUNDI
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Burundi does not have a legal framework that applies consumer protection to online transactions. However, the Electronic Transaction Law covering online consumer protection is in draft state.
Coverage Horizontal
BURUNDI
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
Burundi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BURUNDI
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Burundi has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BURUNDI
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Burundi has no comprehensive data protection law. However, Decree No. 100/182 of 30 September 1997, laying down organic provisions on telecommunications, contains data protection provisions and imposes confidentiality obligations on personal information (Art. 23-26).
Coverage Horizontal
BURUNDI
Since April 2014
Since March 2016
Since March 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
Arts. 29 and 30 of Law No. 100/97 provide that, for public security reasons and judiciary inquiries, telecom operators must provide the full identity and geo-location of their subscribers in real time whenever asked by the Agence de Régulation et de Contrôle des Télécommunications (ARCT, Regulatory Agency for Telecommunications). Failure to identify subscribers attracts a fine of Burundian Francs 5,000,000 (USD 2,000).
In addition, it is reported that Art. 5 of Order No. 540/356 on fighting fraud in the ICT domain gives the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications) the right to direct any operator to provide the detailed identity of any subscriber. Further, Art. 6 empowers the ARCT to provide a voice server where the operator must divert all phone communications of a user where crime is suspected. The operators must provide a secured web application to the regulator. Art. 9 allows the ARCT to request the full identity of an internet subscriber and their IP address and install IP probes on the technical installations of an ISP. Moreover, Art. 10 obliges operators to comply with any request by the ARCT and its technical partner in order to fight fraud in electronic communications. Failure to cooperate attracts a daily fine of five million Burundian Francs (USD 2,000). The legal text is not available online.
In addition, it is reported that Art. 5 of Order No. 540/356 on fighting fraud in the ICT domain gives the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications) the right to direct any operator to provide the detailed identity of any subscriber. Further, Art. 6 empowers the ARCT to provide a voice server where the operator must divert all phone communications of a user where crime is suspected. The operators must provide a secured web application to the regulator. Art. 9 allows the ARCT to request the full identity of an internet subscriber and their IP address and install IP probes on the technical installations of an ISP. Moreover, Art. 10 obliges operators to comply with any request by the ARCT and its technical partner in order to fight fraud in electronic communications. Failure to cooperate attracts a daily fine of five million Burundian Francs (USD 2,000). The legal text is not available online.
Coverage Telecommunications sector
