ETHIOPIA
Reported in 2021, last reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that the Ethiopian government imposed a communications blackout on the Tigray region between November 2020 and July 2021 as Ethiopian and Tigrayan security forces fought. In addition, authorities have reportedly restricted mobile data access in various major cities within the Amhara Region, including Gondar, Bahir Dar, and Woldia, starting from April 2023. Mobile data remained unavailable in these cities as of May 2023. Subsequently, in August 2023, after the reporting period had ended, authorities blocked internet access in the Amhara Region.
Additionally, the indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Ethiopia for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Additionally, the indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Ethiopia for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
ETHIOPIA
Since April 2020
Since September 2020
Since September 2020
Pillar Content access |
Sub-pillar Restrictions on online advertising
Investment Proclamation No. 1180/2020
Investment Regulation No. 474/2020
Investment Regulation No. 474/2020
Art. 5 (1. e) of Investment Regulation No. 474/2020 (which implements the Investment Proclamation No. 1180/2020) reserves some areas of investment, including advertisement and promotion for joint investment with domestic investors only. According to Section 3.3 of the regulation, the scope of the law includes advertisements disseminated through the internet website being designed in Ethiopia or abroad. Previously, there was a ban on foreign investment in the advertising sector.
Coverage Advertising sector
ETHIOPIA
Since April 2021
Since August 2016, last amended in August 2019
Since August 2016, last amended in August 2019
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Commercial Code No. 1243/2021 (1243/2013 የኢትዮጵያ ፌደራላዊ ዲሞክራሲያዊ ሪፐብሊክ የንግድ ሕግ )
Commercial Registration and Licensing Proclamation No. 980/2016 (የንግድ ምዝገባና ፍቃድ አዋጅ ቁጥር ፱፻፹/፪ሺ፰)
Commercial Registration and Licensing Proclamation No. 980/2016 (የንግድ ምዝገባና ፍቃድ አዋጅ ቁጥር ፱፻፹/፪ሺ፰)
According to Art. 82.1 of the Commercial Code No. 1243/2021 and Arts. 5.1 & 22 of the Commercial Registration & Licensing Proclamation No. 980/2016, any Ethiopian or foreign person or company carrying out commercial activities within Ethiopia shall be registered and then licensed.
Coverage Horizontal
ETHIOPIA
Since August 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communication Services Proclamation No. 1148/2019
The importation of telecommunication equipment requires authorisation by the government. The Communication Services Proclamation No. 1148, under Art. 23, gives broad powers to the Ethiopian Communication Authority to regulate the importing of any telecommunication equipment to the country. It is prohibited to manufacture, import, or distribute radiocommunications and telecommunications equipment that requires the Authority’s technical efficacy assurance without obtaining prior approval of the Authority.
Coverage Radiocommunications and telecommunications equipment
ETHIOPIA
Since January 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Proclamation 808/2013
Proclamation 808/2013 mandates the Information Network Security Agency (INSA) to control the import and export of information technologies, build an IT testing and evaluation laboratory centre and regulate cryptographic products and their transactions.
Coverage Information technologies
ETHIOPIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Ethiopia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
ETHIOPIA
Since May 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Proclamation No. 123/1995 Concerning Inventions, Minor Inventions and Industrial Designs
The Inventions, Minor Inventions and Industrial Designs Proclamation No. 123/1995 assigns the same protection to local and foreign rights holders, once the foreign patents are re-registered in Ethiopia. However, according to Art. 9.7, an applicant who is not domiciled or who has not established business in Ethiopia shall appoint an agent who is domiciled in Ethiopia.
Coverage Horizontal
ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Ethiopia is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ETHIOPIA
Since July 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighboring Rights Protection Proclamation No. 410/2004
Ethiopia has a copyright regime under the Copyright and Neighboring Rights Protection Proclamation No. 410/2004. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-11 list the exceptions, which include reproduction for personal Purposes and reproduction for teaching; among others.
Coverage Horizontal
ETHIOPIA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Ethiopia. High levels of software piracy and weak enforcement are reported, which can negatively affect digital commerce. In addition, given the lack of enforcement capacity and coordination among Ethiopian Government agencies, IP enforcement is reported to be inconsistent.
It is also relevant to mention that, according to Art. 3 of the Copyright and Neighboring Rights Protection Proclamation No. 410/2004, a certain work published/printed/released or made available to the public outside Ethiopia can only receive legal protection in Ethiopia if it is published or released in the country. Otherwise, foreign right holders are not accorded national treatment as Ethiopia did not sign any international conventions on copyright.
It is also relevant to mention that, according to Art. 3 of the Copyright and Neighboring Rights Protection Proclamation No. 410/2004, a certain work published/printed/released or made available to the public outside Ethiopia can only receive legal protection in Ethiopia if it is published or released in the country. Otherwise, foreign right holders are not accorded national treatment as Ethiopia did not sign any international conventions on copyright.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.privacyshield.gov/article?id=Ethiopia-Protecting-Intellectual-Property
- https://web.archive.org/web/20221025180720/https://www.aa.com.tr/en/africa/ethiopia-plans-push-in-intellectual-property-rights/2572127
- Show more...
ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Ethiopia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Ethiopia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Ethiopia lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
ETHIOPIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Ethiopia to deliver telecom services to end users, and it is not practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
ETHIOPIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Ethio-Telecom is the incumbent telecom provider and it remained the only provider until recently with the coming into force of the Proclamation No. 1148/2019. The company is fully state-owned.
Coverage Telecommunications sector