NICARAGUA
Since August 1999, last amended in June 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 312 - Law on Copyright and Related Rights (Ley No. 312 - Ley de Derecho de Autor y Derechos Conexos)
Nicaragua has a copyright regime governed by Law No. 312. However, the exceptions do not follow the fair use or fair dealing model, which limits the lawful use of copyrighted works by others. Arts. 31-43 outline the exceptions, including the reproduction of copyrighted works by means of reprography for teaching purposes, the reproduction of isolated articles published in the press or short extracts from a work, the reproduction of works for private use by the blind, and the use of a work for parody purposes, among others.
Coverage Horizontal
NICARAGUA
Reported in 2018, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Nicaragua. It is reported that there are concerns about optical discs, broadcast media piracy, the use of unlicensed software, and inadequate IP enforcement in the country.
Coverage Optical disc and broadcast media, software
Sources
- https://web.archive.org/web/20260220100825/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
- https://web.archive.org/web/20230329024911/https://ustr.gov/about-us/policy-offices/press-office/reports-and-publications/2018/2018-national-trade-estimate
- https://web.archive.org/web/20260119082656/https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- Show more...
NICARAGUA
Since March 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
NAMIBIA
Since January 2015, entry into force in August 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, 2015
In Namibia, type approval procedures for telecommunications equipment are regulated by the Communications Regulatory Authority of Namibia (CRAN). The conformity requirements reportedly align closely with those of the European Union. The homologation process does not mandate local laboratory testing or engagement with local representatives, as Namibia currently lacks ISO 17000-certified laboratories for conducting these tests. Instead, the regulations permit acceptance of test results from accredited laboratories abroad, provided the necessary supporting documentation is submitted to CRAN.
Under Section 8 of the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, CRAN may accept a declaration of conformity from an applicant if it is accompanied by a certified copy of test reports and data issued by an accredited test laboratory, confirming that the telecommunications equipment for which type approval is sought meets the applicable technical standards.
Under Section 8 of the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, CRAN may accept a declaration of conformity from an applicant if it is accompanied by a certified copy of test reports and data issued by an accredited test laboratory, confirming that the telecommunications equipment for which type approval is sought meets the applicable technical standards.
Coverage Telecommunication equipment
Sources
- https://web.archive.org/web/20240304153408/https://namiblii.org/akn/na/act/genn/2015/22/eng@2017-11-15#sec_8
- https://web.archive.org/web/20240626083017/https://www.cran.na/yglilidy/2020/06/GG-6992-dated-11-Sep-2019.pdf
- https://web.archive.org/web/20230922222414/https://ib-lenhardt.com/type-approval/namibia
- Show more...
NAMIBIA
Since March 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Transactions Act
The Electronic Transactions Act, Chapter 5, requires accreditation of security services and products including those which are meant to encrypt or decrypt data. This accreditation may involve the technical analysis of the services. The specific requirements for such technical analysis are not listed.
Coverage Security services and products meant to encrypt or decrypt data.
NAMIBIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Namibia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
NAMIBIA
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
Namibia lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
NAMIBIA
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
Namibia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NAMIBIA
Since 2019
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Namibia 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
NAMIBIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Namibia 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
NAMIBIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Namibia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=10339&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
NAMIBIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Communications Regulatory Authority of Namibia (CRAN), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
NAMIBIA
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
Namibia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
NAMIBIA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of a data protection framework
Namibia does not have a data protection framework, leaving an important void in the country with regard to data governance and digital trade governance. A Data Protection Bill is currently in the consultation phase. This is set to support the Electronic Transactions Act, which does not cover many aspects of data in a digital economy.
Coverage Horizontal
Sources
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Communications Act, 2009
Section 119 of the Communications Act stipulates that the Regulator "may prescribe a mandatory period for the retention of records which may not exceed eight years".
Coverage Telecommunications sector
