Database

Browse Database

GUINEA-BISSAU

Since February 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Guinea-Bissau has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GUINEA-BISSAU

Since February 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Guinea-Bissau has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea-Bissau 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 States, including Guinea-Bissau in 2002.
Coverage Horizontal

GUINEA-BISSAU

Since December 1997

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

GUINEA-BISSAU

Since April 1966
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
Copyright Code approved by Decree-Law No. 46.980 (Código do Direito de Autor aprovado pelo Decreto-Lei N° 46.980)

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 Organisation 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)
Guinea-Bissau has a copyright regime under the Copyright Code. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 181-188 list the exceptions, which include: reproduction by organs of the press of speeches and other statements made in public; the performance of hymns or officially adopted patriotic songs; works of a religious nature during religious services or acts; work included in educational programs or books, when integrated in teaching; among others.
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 Guinea-Bissau 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.
Coverage Horizontal

GUINEA-BISSAU

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
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 Organisation 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)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 States, including Guinea-Bissau, 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 Organisation (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Restriction on foreign private investment
Some activities are reportedly not open to domestic or foreign private investment in Guinea-Bissau, including fixed telephone services. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010 it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt and the company was effectively shut down, but in September 2021 it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources

GUINEA-BISSAU

Since August 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree-Law No. 20/2012 of 20 August - Public Procurement Code (Decreto-Lei Nº 20/2012 de 20 de Agosto - Código dos Contratos Publicos)
According to Art. 66 of Decree-Law No. 20/2012, there is a community preference. When a public contract or delegation of a public service is awarded, preference must be given to the bid submitted by a community company, that is from the West African Economic Monetary Union - WAEMU community. The Community preference must be quantified in the form of a percentage of the bid amount of the offer. This percentage is set at 15%, and the margin of the Community preference margin must be provided for in the tender document. In addition, according to Art. 30, in case of a contract with a local authority or one of the public entities, a candidate intending to subcontract at least 30% of the total contract value to a company from a national company may benefit from an additional preference margin up to 5%.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guinea-Bissau is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

GUINEA-BISSAU

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 (ITA) and in ITA Expansion Agreement (ITA II)
Guinea-Bissau is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) 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 = 'GW')\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') 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 = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"41506"},{"post_id":"41507"},{"post_id":"41508"}]
"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 = 'GW')\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 = 'GW')\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":"1.00"}]

GUINEA-BISSAU

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.43%
Coverage rate of zero-tariffs on ICT goods (%)
7.6%
Coverage: Digital goods

TUNISIA

N/A

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

TUNISIA

Since December 1992

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection
The Law 117-1992 on Consumer Protection provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

TUNISIA

N/A

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

TUNISIA

N/A

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

Report issue     Report new measure