DJIBOUTI
Since 1994
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Djibouti has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
DJIBOUTI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
A general requirement for accounting and functional separation for dominant network operators has not been found in the law. Yet, some requirements apply to Djibouti Telecom, which benefits from an exclusive licence and, as of 2023, has a monopoly on national and international telecommunications throughout the country.. According to Art. 68 of Law No. 80/AN/04/5th L, the Regulatory Agency may open up the provision of telecommunications services to competition in certain markets and localities, where Djibouti Telecom may only operate through subsidiaries. In this case, pursuant to Art. 70, relations between the operator and its subsidiaries are governed by the principle of financial and accounting separation.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100047&e=DJI&s=8421
- https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B080-AN-04-5eme-L-Portant-Reforme-du-Secteur-des-Technologies-de-lInformation-et-de-la-Communication.pdf
- https://international.djiboutitelecom.dj/company-history-milestones/
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DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
There is no comprehensive regime regulating trade secrets in Djibouti. However, there are limited measures addressing some issues related to trade secret in Law No. 50/AN/09/6th L on the Protection of Industrial Property (Loi N° 50/AN/09/6ème L du 19 juillet 2009 portant protection de la propriété industrielle). Art. 183 bestows upon natural persons and legal entities the right to prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
DJIBOUTI
Since March 1998
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 13/AN/98/4ème L on the separation of post and telecommunications (Loi N°13/AN/98/4ème L portant séparation de la poste et des télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://2009-2017.state.gov/documents/organization/227156.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Reported in 2023
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 telecom companies
Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
- https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://2009-2017.state.gov/documents/organization/227156.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
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DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Djibouti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Djibouti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
DJIBOUTI
Since September 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Djibouti is a party in the Patent Cooperation Treaty (PCT).
Coverage Horizontal
DJIBOUTI
Since July 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 154/AN/06 of 23 July, 2006, on the Protection of Copyright and Neighboring Rights (Loi N° 154/AN/06 du 23 juillet 2006 relative à la protection du droit d'auteur et du droit voisin)
Djibouti has a copyright regime under the Law No. 154/AN/06. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include (a) the reproduction, translation, adaptation, arrangement or other transformation of such work exclusively for the producer’s own personal or private use; (b) the inclusion of non substantial quotations from another work; (c) the use of the work by way of illustration in publications, broadcasts or sound or visual recordings for teaching to the extent justified by the intended purpose; (d) the public performance of a work; (e) the reproduction by a photographic or similar process by public libraries or noncommercial documentation centres; (f) the reproduction in the press or the communication to the public; (g) for the purpose of reporting on current events by means of photography, cinematography, broadcast or communication by wire to the public; (h) the production of a copy or adaptation of software by the legitimate owner, provided it is necessary for archiving and to replace the legally held copy in the event of it being lost or necessary for using the computer program for which it was created.
Coverage Horizontal
DJIBOUTI
Reported in 2014, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that counterfeit products are commonly available in Djibouti’s digital markets, including of electronics.
Coverage Horizontal
DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity to include e-commerce.
Coverage Horizontal
DJIBOUTI
Reported in 2011, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Practical restrictions related to enforcement of patents
It is reported that Djibouti’s legal structure for protecting and enforcing intellectual property rights (IPRs) is weak, although it is developing, and IPRs are rarely enforced.
Coverage Horizontal
DJIBOUTI
Since March 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 13/AN/98/4ème L on the separation of post and telecommunications (Loi N° 13/AN/98/4ème L portant séparation de la poste et des télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://2009-2017.state.gov/documents/organization/227156.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Since September 1992
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2/AN/92 2nd L of September 15, 1992 relating to freedom of communication (Loi N° 2/AN/92 2ème L du 15 septembre 1992 relative à la liberté de la communication)
According to Art. 14 of the 1992 Freedom of Communication Law, participants in the financial management of any press body must be citizens of Djibouti. Section 2 states that the law applies to all forms and modes of social communication, including audiovisual communication companies. In addition, according to Art. 17, the director and deputy director of any media outlet must be a resident of Djibouti.
The Law does not define what a media outlet is, however, it is reported that a media outlet is the broadcasting channel providing news, information and feature stories to the public by way of newspapers, magazines, social media and the Internet, television and radio.
The Law does not define what a media outlet is, however, it is reported that a media outlet is the broadcasting channel providing news, information and feature stories to the public by way of newspapers, magazines, social media and the Internet, television and radio.
Coverage Media sector