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THAILAND

Since March 1979 as amended in March 1999
Since September 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act, 1979 (พระราชบัญญัติสิทธิบัตร พ.ศ. ๒๕๒๒)

Ministerial Regulation No. 21 (1999) Issued Under the Patent Act B.E. 2522 on the Criteria for Applying for Patents (กฎกระทรวง ฉบับที่ 21 (พ.ศ. 2542) ออกตามความในพระราชบัญญัติสิทธิบัตร พ.ศ. 2522 ว่าด้วยหลักเกณฑ์การขอรับสิทธิบัตร)
Section 14 of the Patent Act 1979 (amended in 1999) stipulates that an applicant for a patent must possess one of the following qualifications: (i) be a Thai national or a juristic person with its headquarters located in Thailand; (ii) be a national of a country that is a party to a convention or international agreement on patent protection to which Thailand is also a party; (iii) be a national of a country that permits Thai nationals or juristic persons with headquarters in Thailand to apply for patents in that country; or (iv) be domiciled in, or have an industrial or commercial establishment in, Thailand or a country that is a party to a convention or international agreement on patent protection to which Thailand is also a party.
To file patents, the Ministerial Regulation No. 21 states that if the patent applicant does not reside in the Kingdom of Thailand, the applicant shall authorise an agent or patent attorney registered with the Director-General of the Department of Intellectual Property to act on his behalf (Clause 13). Moreover, the Power of Attorney (POA) shall be attached with the revenue stamp of 30 Thai Baht (around 1 USD) for each patent agent/patent attorney/application. The POA document, if not in a foreign language, must be translated into Thai (Clause 15).
Coverage Horizontal

SUDAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Sudan 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

SUDAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Sudan 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

SUDAN

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 150. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

SUDAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Sudan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

SUDAN

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 signature of the UN Convention on the Use of Electronic Communications in International Contracts
Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SUDAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Sudan's law and jurisprudence.
Coverage Internet intermediaries

SUDAN

Reported in 2022, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User identity requirement
It is reported that in Sudan, customers must show passports at the point of sale of sim cards and provide a copy of the passport with a form to fill in. Once the procedure is complete, customers may receive the sim card and activate it.
It is reported that, in July 2022, the Technical Committee of the Council of Security and Defence in Sudan ordered service providers to suspend all SIM cards that were not registered with a national ID number.
Coverage Telecommunications sector

SUDAN

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking and filtering of commercial web content
Reports indicate that various laws and regulations in the country are utilised to block or filter online content. In December 2020, the Telecommunications and Post Regulatory Authority (TPRA) introduced regulations granting it the authority to block specific categories of websites, including those related to gambling, peer-to-peer file sharing, VPN services, advocacy for atheism, and any additional classifications deemed appropriate by the authority. It is reported that, under Art. 8 of these regulations (which are not publicly available), internet service providers (ISPs) are required to block websites immediately upon receiving a TPRA notice, with non-compliance subject to fines of up to SDP 300,000 (approx. USD 500).
Furthermore, the Cybercrime Act has reportedly been used to restrict access to online news platforms. For instance, in September 2022, the website of the Al-Sudani newspaper was ordered to be blocked under the framework of this law.
Coverage Online news websites, ISPs, VPNs

SUDAN

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
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 1 in Sudan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
It is reported that Sudanese authorities have a long history of using internet shutdowns to curtail fundamental human rights. The warring parties in Sudan have weaponised internet shutdowns by instructing telecommunications companies to limit access or by damaging ISP data centres, thereby controlling and impeding the free flow of information in areas held by opposing factions.
Sudan has reportedly imposed at least two internet shutdowns in 2023 during the ongoing conflict. Major shutdowns continued into 2024, including a month-long shutdown starting in February, which affected the entire country after the Rapid Support Forces (RSF) reportedly took over telecommunications facilities in Khartoum.
It is reported that when fighting between the ruling Sudanese Armed Forces (SAF) and paramilitary groups led by the RSF broke out in Khartoum in April 2023, SAF authorities immediately ordered telecommunications providers to shut down their services nationwide. In the hours leading up to the ceasefire deadline, yet another nationwide blackout occurred across multiple providers.
Coverage Horizontal

SUDAN

Since July 2009

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Press and Publications Act, 2009
According to Art. 9 of the Press and Publications Act 2009, the National Council on Press and Publications (NCPP) issues practical approvals for several media companies, including advertising agencies. It is reported that the cost of issuing the licence is SDP 400,000 (approx. USD 900).
Coverage Advertising sector

SUDAN

Since July 2009

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Press and Publications Act, 2009
According to Art. 9 of the Press and Publications Act 2009, the National Council on Press and Publications (NCPP) issues practical approvals for press companies, institutions, presses, publishers, distributors, service centres and advertising agencies.
For newspapers and other forms of press-related publications to be duly published, the following requirements must be met:
- Obtain a permit from the NCPP upon payment of the fees provided for in the Regulations (Art. 21.a);
- Authorisations/licences may be renewed on an annual basis upon payment of the fees provided for in the Regulations (Art. 21.b).
It is reported that the cost of issuing the licence for each media service and news site is SDP 400,000 (approx. USD 900).
Coverage Media services

SUDAN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Type approval procedures in Sudan are regulated by the Telecommunications and Post Regulatory Authority (TPRA). It is reported that the homologation process in Sudan does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.
Coverage Electronic products

SUDAN

Reported in 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Ban to transfer and local processing requirement
The legal framework of Sudan does not mention the limitation of transferring data to a foreign country. Still, it is reported that de facto, there is a limitation to transferring data abroad for security reasons, especially for the strategic and sensitive sectors, such as telecom and audio-visual.
Coverage Telecommunications and audio-visuals sectors

SUDAN

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
Sudan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

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