A basic legal framework on intermediary liability for copyright infringement is absent in Comoros's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Comoros's law and jurisprudence.

Comoros does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established 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, which has been ratified by 17 French-speaking States, including Comoros in 2002.

Passive infrastructure sharing is reported to be mandatory in Comoros for the provision of telecommunications services to end-users. Passive infrastructure sharing is also practised in the mobile and fixed sectors based on commercial agreements. According to Art. 53 of Law No. 14-031, the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) shall encourage the conclusion of agreements for the sharing of infrastructure masts, ducts and towers, electrical equipment, and land.

According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.

The government owns shares in certain telecommunications companies. In particular, the government fully owns the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.

Comoros is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a WTO member state either.

According to Art. 91 of Law No. 22-011/AU, in the case of a contract with a decentralised local authority or one of its public establishments, a foreign candidate who plans to subcontract at least 30% of the total value of the contract to a national company may benefit from a margin of preference of no more than 10%.

Comoros is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.

According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.

According to the Bangui Agreement, ratified by 17 French-speaking States, including Comoros, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

Comoros is a party to the Patent Cooperation Treaty (PCT).

Comoros has a copyright regime under the Law on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 41 lists the exceptions, which include: private and gratuitous representations made exclusively within the family circle; copies or reproductions strictly reserved for the private use of the copier and not intended for collective use; analyses and short quotations justified by the critical, polemical, educational, scientific or informative nature of the work in which they are incorporated; press reviews; dissemination, even in full, via the press or radio, as news, of speeches intended for the public; and parody, pastiche and caricature.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Comoros and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.