COMOROS
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Comoros does not have a comprehensive regime of data protection in place.
Coverage Horizontal
COMOROS
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Comoros's law and jurisprudence.
Coverage Internet intermediary
COMOROS
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 infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Comoros's law and jurisprudence.
Coverage Internet intermediary
COMOROS
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 3 in Comoros for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
COMOROS
Since June 2015
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 15-093/PR of 10 June 2015 on the Licence, Authorisation, Declaration and Approval Regime (Décret No. 15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be imported if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (ANRTIC). The applicant needs to send an application detailing information on the equipment and installations submitted for approval to ANRTIC.
According to Art. 1 of the Decree, terminal equipment is defined as any device, equipment or set of equipment intended to be connected to a network termination point for the purpose of transmitting, processing or receiving information. Only equipment providing access to electronic communications services is covered, excluding audiovisual communications services. Radioelectric installations are defined as any transmission system, switching or routing equipment and other resources used to transmit signals by cable, regardless of the type of information transmitted.
According to Art. 1 of the Decree, terminal equipment is defined as any device, equipment or set of equipment intended to be connected to a network termination point for the purpose of transmitting, processing or receiving information. Only equipment providing access to electronic communications services is covered, excluding audiovisual communications services. Radioelectric installations are defined as any transmission system, switching or routing equipment and other resources used to transmit signals by cable, regardless of the type of information transmitted.
Coverage Terminal equipment and radioelectric installations
COMOROS
Since March 1957
Since March 1977, as amended in December 2015, entry into force in November 2020
Since March 1977, as amended in December 2015, entry into force in November 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law of 11 March 1957 on Literary and Artistic Property (Loi du 11 mars 1957 sur la propriété littéraire et artistique)
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240703061033/https://www.droit-afrique.com/upload/doc/comores/Comores-Loi-1957-propriete-intellectuelle.pdf
- https://web.archive.org/web/20231204001038/https://www.sabaip.com/comoros-island-accession-to-oapi/
- https://web.archive.org/web/20240813175755/http://oapi.int/Ressources/accord_bangui/2020/anglais.pdf
- Show more...
COMOROS
Since January 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
COMOROS
Since January 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
COMOROS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
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.
Coverage Horizontal
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
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.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
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%.
Coverage Telecommunications sector
COMOROS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
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.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector
COMOROS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Comoros has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC - ANRTIC) is the executive authority for the supervision and administration of services in the telecommunications sector, and it is independent of the government in the decision-making process. According to Art. 6 of the Law No. 14-031/AU, the ANRTIC is legally distinct and functionally independent from the ministry in charge of electronic communication and the service suppliers.
Coverage Telecommunications sector