GABON
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Gabon has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GABON
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Gabon has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GABON
Since February 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
According to Art. 30 of Ordinance No. 00000015/PR/2018 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used. Also, following Art. 34, when it appears that the data entered or obtained during the investigation have been the subject of transformation operations preventing unencrypted access or are likely to compromise the information that they contain, the Public Prosecutor, the Examining Magistrate or the trial court may demand any qualified natural or legal person, with a view to carrying out the technical operations making it possible to obtain the unencrypted version of said data.
Coverage Cryptology services
GABON
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Gabon does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Gabon, since 2002.
Coverage Horizontal
GABON
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 Gabon to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
GABON
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Gabon Telecom SA, the incumbent public operator, is fully owned by the Gabonese state. Gabon Telecom SA is the major supplier of internet access, with around 59% market share (number of subscribers) in 2021.
Coverage Telecommunications sector
GABON
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Gabon mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
GABON
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)
12.83%
Coverage rate of zero-tariffs on ICT goods (%)
0.84%
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
GABON
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)
Gabon 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...
GABON
Since January 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 00027/PR/MEPPDD of 17 January 2018 on the Public Procurement Code (Code des Marchés Publics 2018 Décret No. 00027/PR/MEPPDD du 17 janvier 2018)
According to Art. 119 of the Public Procurement Code 2018, when awarding a contract, in case of equivalent offers, priority is given to a tender presented either by (i) a natural or legal person of Gabonese law; (ii) a natural or legal person proving an economic activity on Gabonese territory; (iii) a small and medium-sized national company whose capital is majority owned by people of Gabonese nationality or Gabonese law; and (iv) business groups associating Gabonese companies or providing for significant subcontracting to nationals. In the regional framework, a community preference can be attributed to the offer presented by a company from the area of the Economic and Monetary Community of Central Africa (CEMAC). In accordance with Art. 119, the margin of preference is 10% for works contracts and 15% for supply contracts.
Coverage Horizontal
SWEDEN
Since June 2018, last amended in November 2024
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Gambling Act (2018:1138) (Spellag (2018:1138))
The Gambling Act (2018:1138) establishes licensing requirements for the provision of online gambling services. Chapter 4 (Section 4) includes the requirement for third-country license applicants to have a physical representative who is a resident of Sweden.
Coverage Online gambling services
SWEDEN
Since June 2014
Since February 2005
Since February 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law (2005:59) on Distance and Off-Premises Contracts (Lag (2005:59) om distansavtal och avtal utanför affärslokaler)
Law (2005:59) on Distance and Off-Premises Contracts (Lag (2005:59) om distansavtal och avtal utanför affärslokaler)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law (2005:59) on distance and off-premises contracts.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20231116162330/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-200559-om-distansavtal-och-avtal-utanfor_sfs-2005-59/
SWEDEN
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
Sweden has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SWEDEN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Sweden 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
