Database

Browse Database

GUINEA-BISSAU

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Guinea-Bissau does not have a comprehensive regime in place for personal data, but it has implemented some limited sectoral regulations. Under Art. 8(d) of the Interconnection Regulations (Decree No. 13/2010 of 27 May) applicable in the telecom sector, the interconnection must ensure the protection of data, including the protection of personal data and the confidentiality of transmitted or archived information.
Coverage Horizontal

GUINEA-BISSAU

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

GUINEA-BISSAU

Since May 2010

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei Nº 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
The telecom regulating body of Guinea-Bissau (Autoridade Reguladora Nacional - ARN) is independent in the exercise of its functions according to Art. 7 of Law No. 5/2010.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Guinea-Bissau does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation under Arts. 70.c and 74.c of Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei Nº 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação).
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Guinea-Bissau has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUINEA-BISSAU

Since November 2013

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree 21/2013 of 13 November - Regulation on obligation for passive infrastructure sharing (Regulamento de partilha de infraestruturas passivas de telecomunicações e outros recursos de rede)
According to Art. 1 of Decree No. 21/2013, there is an obligation for passive infrastructure sharing in the Guinea-Bissau to deliver telecom services to end users.
Coverage Telecommunications sector

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Telecom infrastructure and competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
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 July 2004

Pillar Telecom infrastructure and 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 telecom companies. In particular, Guiné Telecom (Companhia de Telecomunicações da Guiné-Bissau) is a state-owned company and has a monopoly on the fixed-line network. Moreover, Guinetel, which operates in the mobile telecom sector, is a subsidiary of the Guiné Telecom. It is reported that the government launched a proposal for the privatisation of the state-owned telecom companies, which is still ongoing.
Coverage Telecommunications sector

GUINEA-BISSAU

Since February 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the 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 (FDI) 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