Database

Browse Database

BAHRAIN

Since January 2004, last amended in May 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patents and Utility Models Law No. 1
Patent applicants are required to appoint a local agent if the applicant is not a resident of Bahrain. Any attorney or lawyer registered to practice before the Patent Office can act as an agent. Art. 5 of Law No. 1 of 2004 in respect of the Patent and Utility Module provides that: "any natural or legal person shall be entitled to file a patent application and acquire the subsequent rights ensuing therefrom subject to the provisions of this law. Eligible applicants may be nationals of the Kingdom, nationals of countries that are members in the World Trade Organization, or nationals of any other country who enjoy national treatment."
Coverage Horizontal

BAHRAIN

Since March 2007

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Bahrain is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BAHRAIN

Since June 2001, last amended in May 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Legislative Decree No. 21 of 2001
Under the Legislative Decree No. 21 of 2001 (the Commercial Companies Law) all investments and transactions in Bahrain are subject to a screening process conducted by the Ministry of Industry, Commercen, and Tourism (MoICT). The investments and transactions must observe national security requirements and public order. Those that are considered by the authorities to pose a national security risk will not be approved. Over the past year, the Ministry of the MoICT created an additional disclosure requirement where companies are required to disclose the ultimate beneficial owner of their shareholders owning at least 10% of the share capital.
Coverage Horizontal

BAHRAIN

Reported in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Price preference based on local content requirements
It is reported that price preferences are given in public procurement to goods produced in Bahrain and in other Gulf Cooperation Council (GCC) member States, provided that the prices of these goods are within specified margins of the value of their imported equivalents (10% for goods produced in Bahrain and 5% for goods produced in the GCC).
Coverage Horizontal

BAHRAIN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bahrain is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2008.
Coverage Horizontal

BAHRAIN

Since 2002, last amended in 2010

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Legislative Decree No. 36 of 2002 With Respect to Regulating Government Tenders and Purchases
The Legislative Decree No. 36 of 2002 established a public procurement regime in Bahrain. The Decree distinguishes between local tenders and international tenders. Local tenders are limited to suppliers or contractors who are authorized to carry on business activities in the Kingdom of Bahrain according to the applicable laws and regulations. International tenders are open to both local suppliers and contractors and international suppliers and contractors who are unregistered in the Kingdom may participate. The criteria for distinction between local and international tenders shall be based upon the nature of goods, constructions or services required to be purchased, volume thereof, extent of their complexity and standards required. The Board shall be empowered to determine the reasons for selection of an international tender on the basis of such criteria.
Coverage Horizontal

BAHRAIN

Since June 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Cabinet’s Resolution No. 2416-06 of 2017
The Cabinet’s Resolutions No. 2416-06 of 2017 allocates a 20% share of the value of government procurements and tenders to SMEs and grants them 10% preference in the biddings of service facilities for all public tenders, except for those of a special nature. The classification criteria through the size of the enterprises in the SMEs Registration System, excludes a branch of a foreign company from the SMEs classification. The SMEs Registration System is a window launched under the Resolution to enables SMEs to apply for classification certificates according to their size.
Coverage Horizontal

BAHRAIN

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Bahrain is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
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[{"post_id":"42453"},{"post_id":"42454"},{"post_id":"42455"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

BAHRAIN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.92%
Coverage rate of zero-tariffs on ICT goods (%)
43.7%
Coverage: Digital goods

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Argentina 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

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Argentina has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Argentina 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

ARGENTINA

Since September 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Resolution No. 43/2019 - Regulation for the Administration of Domain Names in Argentina (Resolución No. 43/2019 - Reglamento para la Administración de Dominios de Internet en Argentina)
According to Ar. 3 of Resolution No. 43/2019, procedures related to domain names are done through a special platform called TAD (Trámites a Distancia). To use the platforms, the residents must use their tax ID, while non-residents must obtain an identification number that is provided by Network Information Center (NIC) Argentina (Art.4). Users of this platform can appoint an agent who takes the necessary steps to register, renew and manage domain names on their behalf (Art.5).
Besides this general procedure, NIC Argentina has established some additional requirements for special ccTLDs (country code top-level domain) such as "tur.ar", "musica.ar", "gob.ar" and "org.ar". To be able to register these domain names the applicant must provide evidence that it is registered as an authorised tourist agency (for "tur.ar"), registered at the Registry of the Musical Activity of the National Institute of Music or Registry of National Musicians (for "musica.ar"), a government entity (for "gob.ar") or a non-profit organisation (for "org.ar").
Coverage Horizontal

ARGENTINA

Since October 1993, as amended in March 2008, last amended in 2018
Since December 2001

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 24,240 - Consumer Protection Law (Ley No. 24.240 - Defensa del Consumidor)

Digital Signature Law No. 25,506 (Ley No. 25.506 de Firma Digital)
The Consumer Protection Law and the Digital Signature Law provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 10 and 33 of Law 24,240 (as amended by the Consumer Protection Law 26.361 of 2008) regulate purchases through telecommunications, postal or electronic means. The law establishes that “when services, including public services, are contracted online or by phone, the provision of such services may be canceled in the same way as they were contracted, at the consumer's discretion”. In addition, the supplier has 72 hours after the cancellation of services to send a record of such cancellation (without cost) to the relevant consumer or user.
Coverage Horizontal

ARGENTINA

From December 2019 until December 2024

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Public Emergency Law No. 27,541 (Ley No. 27.541 de Solidaridad Social y Reactivación Productiva en el Marco de la Emergencia Pública)
Pursuant to Art. 35 of Law No. 27,541, an emergency tax is established that is applied at the national level for five years from the law's effective date. This tax applies to the following operations: exchange of foreign currency from financial entities to pay for purchases and services abroad by means of credit cards, debit cards, or similar means of payment, including internet purchases in foreign currency and cash withdrawals or advances, as well as for the payment of services rendered by non-residents in the country, using credit cards, debit cards or any other equivalent means of payment, in the name and on behalf of the client.
According to Art. 36, the tax shall be applied to individuals, companies, estates, and other responsible persons resident in the country who carry out any of the operations mentioned in Art.35. If the operation is carried out through credit, debit or purchase cards, the tax shall apply to holders, users, additional holders and beneficiaries of extensions. The tax provided for in Art. 35 shall be determined by applying the rate of 30%, as provided for in Art. 39.
Coverage Electronic payments