DOMINICAN REPUBLIC
Since August 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 65-00 on Copyright (Ley No. 65-00 sobre Derecho de Autor)
The Dominican Republic has a copyright regime under the law No. 65-00. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-44 list the exceptions, which include the reproduction of: news that have the character of mere press information; speeches made in deliberative assemblies or public meetings, works for educational or scientific purposes, among others.
Coverage Horizontal
DOMINICAN REPUBLIC
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the Dominican Republic. There are concerns about online and signal piracy, including the lack of intellectual property prosecutions by the Specialized Prosecutor's Office against High Technology Crimes and offences.
Coverage Horizontal
DOMINICAN REPUBLIC
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
DOMINICAN REPUBLIC
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
DOMINICAN REPUBLIC
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.49%
Coverage rate of zero-tariffs on ICT goods (%)
78.28%
Coverage: Digital 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
COLOMBIA
Since October 2011, last amended in August 2018
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 1,480 Consumer Statute (Ley No. 1480 Estatuto del Consumidor)
Law No. 1,480 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
COLOMBIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Colombia has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
COLOMBIA
Since 1999
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Colombia 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
COLOMBIA
Since 2012
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Colombia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
Sources
COLOMBIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaint on custom clearance procedures
Colombia's slow customs clearance procedures are reportedly hampering import and export activities. In addition, there have been reports that Colombia has experienced significant delays in implementing crucial customs reforms that would allow traders to submit copies of invoices electronically instead of physical documents.
Coverage Horizontal
COLOMBIA
Since October 2015, last amended in December 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 2025 (Decreto No. 2025)
It is reported that Decree No. 2025 creates burdensome restrictions and administrative requirements for trade in mobile phones. The Decree establishes measures to control the import and export of intelligent mobile phones, cellular mobile phones, and their parts, susceptible to classification under Customs Tariff subheading 8517.12.00.00 and 8517.70.00.00, as part of its strategy to address the theft of mobile phones.
Chapter I of Decree No. 2025 establishes the import conditions of mobile phones. According to Art. 3, mobile phones whose IMEI (International Mobile Equipment Identity) is registered in the databases referred to in Art. 106 of No. Law 1,453 of 2011 may not be imported. But, importation is permitted if: (a) it is an IMEI reported in the positive database, (ii) in the case of import in compliance with a guarantee or (iii) the re-import of previously exported phones. Also, intelligent mobiles can be imported if the travellers carry them when entering the national territory as a personal possession (and no more than three units). Importation is also allowed under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations."
Art. 1 of Decree No. 2,142 amended Art. 3 of Decree No. 2025 (Chapter I), yet the conditions for importing mobile phones remain largely unchanged. While these restrictions predate the amendment, Decree No. 2,142 introduced a more lenient regime allowing the import under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations.
Chapter I of Decree No. 2025 establishes the import conditions of mobile phones. According to Art. 3, mobile phones whose IMEI (International Mobile Equipment Identity) is registered in the databases referred to in Art. 106 of No. Law 1,453 of 2011 may not be imported. But, importation is permitted if: (a) it is an IMEI reported in the positive database, (ii) in the case of import in compliance with a guarantee or (iii) the re-import of previously exported phones. Also, intelligent mobiles can be imported if the travellers carry them when entering the national territory as a personal possession (and no more than three units). Importation is also allowed under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations."
Art. 1 of Decree No. 2,142 amended Art. 3 of Decree No. 2025 (Chapter I), yet the conditions for importing mobile phones remain largely unchanged. While these restrictions predate the amendment, Decree No. 2,142 introduced a more lenient regime allowing the import under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations.
Coverage Telephones for cellular networks "mobile telephones" or for other wireless networks
Sources
- https://web.archive.org/web/20221001185541/https://tiaonline.org/wp-content/uploads/2021/10/2022-NTE-1377-TIA-Comments_FINAL.pdf
- https://web.archive.org/web/20230925122051/https://www.suin-juriscol.gov.co/viewDocument.asp?id=30019524
- https://web.archive.org/web/20241129124805/https://normograma.dian.gov.co/dian/compilacion/docs/decreto_2142_2016.htm
- https://web.archive.org/web/20230324195842/https://www.mintic.gov.co/images/MS_HURTO_CELULARES/documentos/preguntas_frecuentes_bases_de_datos_positiva_y_negativa.pdf
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COLOMBIA
Since January 1995, last amended in May 2020
Since August 2001
Since August 2001
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law No. 182 Regulates the Television Service and Formulates Policies for Its Development (Ley No. 182 Por la Cual se Reglamenta el Servicio de la Televisión y se Formulan Políticas para su Desarrollo [...])
Law No. 680 by Which Laws 14 of 1991, 182 of 1995, 335 of 1996 Are Reformed and Other Provisions Regarding Television Are Issued (Ley No. 680 Por la Cual se Reforman las Leyes 14 de 1991, 182 de 1995, 335 de 1996 y se Dictan Otras Disposiciones en Materia de Televisión)
Law No. 680 by Which Laws 14 of 1991, 182 of 1995, 335 of 1996 Are Reformed and Other Provisions Regarding Television Are Issued (Ley No. 680 Por la Cual se Reforman las Leyes 14 de 1991, 182 de 1995, 335 de 1996 y se Dictan Otras Disposiciones en Materia de Televisión)
According to Art. Art. 33 of Law 182, as modified by Art. 4 of Law 680, the main digital television channel of a digital multiplex must comply with the percentages of national production programming established. The minimum percentages of national production programming are:
- National channels: From 7:00 p.m. to 10:30 p.m., 70% of the programming will be national production. From 10:30 p.m. to 12:00 a.m., 50% of the programming will be nationally produced. From 12:00 a.m. to 10:00 a.m., 100% of the programming will be free. From 10:00 a.m. to 7:00 p.m., 50% will be nationally produced programming. On Saturdays, Sundays and holidays, the percentage is: 50% in triple-A hours;
- Regional channels and local stations: the emission of national production programming must be 50% of the total programming.
It is not clear whether this applies also online.
- National channels: From 7:00 p.m. to 10:30 p.m., 70% of the programming will be national production. From 10:30 p.m. to 12:00 a.m., 50% of the programming will be nationally produced. From 12:00 a.m. to 10:00 a.m., 100% of the programming will be free. From 10:00 a.m. to 7:00 p.m., 50% will be nationally produced programming. On Saturdays, Sundays and holidays, the percentage is: 50% in triple-A hours;
- Regional channels and local stations: the emission of national production programming must be 50% of the total programming.
It is not clear whether this applies also online.
Coverage Free-to-air television services
Sources
- https://web.archive.org/web/20230320142216/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=6738
- https://web.archive.org/web/20230125023548/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=6254
- https://web.archive.org/web/20220121003346/https://www.observacom.org/wp-content/uploads/2016/06/Colombia-TDT-final.pdf
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COLOMBIA
Since May 2019, last amended in June 2022
Since May 2021
Since May 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law No. 1,955 - National Development Plan 2018-2022 (Ley No. 1,955 - Plan Nacional de Desarrollo 2018-2022)
Decree No. 681 Which Adds Title 19 to Part 2 of Decree 1078 of 2015, [...] to Implement Article 154 of Law 1955 of 2019 (Decreto No. 681 Por el Cual se Adiciona el Título 19 a la Parte 2 del Decreto 1078 de 2015, Decreto Único Reglamentario del Sector de Tecnologías de la Información y las Comunicaciones, para Establecer las Reglas para Implementar el Artículo 154 de la Ley 1955 de 2019)
Decree No. 681 Which Adds Title 19 to Part 2 of Decree 1078 of 2015, [...] to Implement Article 154 of Law 1955 of 2019 (Decreto No. 681 Por el Cual se Adiciona el Título 19 a la Parte 2 del Decreto 1078 de 2015, Decreto Único Reglamentario del Sector de Tecnologías de la Información y las Comunicaciones, para Establecer las Reglas para Implementar el Artículo 154 de la Ley 1955 de 2019)
Art. 2.2.19.3 of Decree No. 681 on national audiovisual work for users in Colombia, which implements Art. 154 of the National Development Plan 2018-2022, requires video-on-demand (VOD) platforms that operate in Colombia (such as Amazon Prime, Netflix, HBO, among others) to create an exclusive section that highlights and compiles audiovisual works of Colombian origin.
Coverage Video-on-demand platforms
Sources
- https://web.archive.org/web/20220811080657/https://www.creativelaw.cl/en/colombia-requires-an-exclusive-section-for-local-content-for-vod-platforms/
- https://web.archive.org/web/20220323184354/https://www.mintic.gov.co/portal/inicio/Sala-de-prensa/Noticias/144889:Contenidos-colombianos-contaran-con-una-seccion-propia-en-las-plataformas-digitales-de...
- https://web.archive.org/web/20231208204524/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=93970
- https://web.archive.org/web/20230924223426/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=124927
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COLOMBIA
Since October 2015, last amended in December 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Decree No. 2025 (Decreto No. 2025)
According to Art. 7 of Decree No. 2025, the export of smartphones/mobile phones is prohibited, with some exceptions:
- Export is allowed if travellers carry the phones when leaving the national territory as personal possession (and no more than three units);
- In the case of temporary export;
- In case of definitive export, when they are considered waste electrical or electronic equipment;
- When the export of smartphones or mobile phones originates from a free zone within Colombia, and the products have been transformed, assembled, stored, repaired, or serviced by users of the free zone.
In addition, Art. 4 of Decree No. 2,142 modified Art. 7 of Decree No. 2,025 (chapter II), but export conditions for mobile phones remain in place.
- Export is allowed if travellers carry the phones when leaving the national territory as personal possession (and no more than three units);
- In the case of temporary export;
- In case of definitive export, when they are considered waste electrical or electronic equipment;
- When the export of smartphones or mobile phones originates from a free zone within Colombia, and the products have been transformed, assembled, stored, repaired, or serviced by users of the free zone.
In addition, Art. 4 of Decree No. 2,142 modified Art. 7 of Decree No. 2,025 (chapter II), but export conditions for mobile phones remain in place.
Coverage Mobile phones
Sources
- https://web.archive.org/web/20221001185541/https://tiaonline.org/wp-content/uploads/2021/10/2022-NTE-1377-TIA-Comments_FINAL.pdf
- https://web.archive.org/web/20230925122051/https://www.suin-juriscol.gov.co/viewDocument.asp?id=30019524
- https://web.archive.org/web/20241129124805/https://normograma.dian.gov.co/dian/compilacion/docs/decreto_2142_2016.htm
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