Database

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DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Requirement to engage in joint ventures to invest or operate
Joint venture requirement
It is reported that, in practice, the DRC requires foreign investors to hire local agents and participate in a joint venture with the government or local partners.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2021, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
De facto screening
The DRC lacks a dedicated organization for screening inbound foreign investment. Instead, this responsibility falls upon the Presidency and various ministries, functioning in a de facto capacity.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since January 1982

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 82-001 of January 7, 1982 on Industrial Property (Loi No. 82-001 du 7 janvier 1982 sur la Propriété Industrielle)
According to Art. 18 of Law No. 82-001 on Industrial Property, non-Congolese patent applicants domiciled abroad are obliged to indicate an address for service with a Congolese agent and to work through them.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
The DRC is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 1986

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Ordinance-Law No. 86-033 of April 5, 1986 on the Protection of Copyright and Neighboring Rights (Ordonnance-Loi 86-033 du 5 avril 1986 Portant Protection des Droits D’auteurs et des Droits Voisins)
The DRC has a copyright regime under the Ordinance-Law No. 86-033 on the Protection of Copyright and Neighboring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 24-32 list the exceptions, which include reproducing quotations or excerpts of protected works for cultural, scientific, teaching, critical or polemic purposes, provided that the source, title and name of the author are mentioned; the reproduction of photographs in anthologies intended for teaching use and in scientific works shall be authorised; among others.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although the Democratic Republic of Congo (DRC) has established a legal framework for the protection of Intellectual Property Rights (IPR), reports suggest that enforcement has been sporadic and inconsistent, leaving IPR effectively unprotected. The challenges in enforcing IPR regulations are attributed to limited institutional capacity and a widespread lack of awareness among both consumers and businesses, resulting in generally weak implementation.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
The DRC has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The DRC has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 1998

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Law No. 153/1998. General Telecommunications Law (Ley No. 153/1998. Ley General de las Telecomunicaciones)
Self-certification is allowed for foreign businesses. According to Chapter IX of the Telecommunications Law, Art. 61, any terminal, equipment or system likely to be connected to a public telecommunications network, or which uses the public telecommunications network, or which uses the public radio-electric domain, must have the corresponding homologation certificate. It is reported that the following products require INDOTEL’s approval: Tablets; Personal trackers; Wireless microphones; 3G/4G mobile phones; RFID equipment; Radio alarms; Laptops.
Coverage Tablets, Personal trackers, Wireless microphones, 3G/4G mobile phones, RFID equipment, Radio alarms. Laptops

DOMINICAN REPUBLIC

Since November 2002

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Monetary and Financial Law No. 183-02 (Ley No. 183-02 Monetaria y Financiera)
According to Art. 29 of Law No. 183-02, foreign exchange brokerage may only be carried out by authorised financial brokerage entities and by Exchange Agents. Art. 30 states that to be an Exchange Agent, it is necessary to be constituted as a joint stock company organised in accordance with the laws of the Dominican Republic, with the objects clause and the exclusive habitual activity of carrying out exchange intermediation in free market conditions in the national territory, as well as abroad under the modality of remittance company.
Coverage Horizontal

DOMINICAN REPUBLIC

Since July 2005

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

DOMINICAN REPUBLIC

Since September 2005

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
General Law No. 358-05 for the Protection of Consumer or User Rights (Ley General No. 358-05 de Protección de los Derechos del Consumidor o Usuario)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

DOMINICAN REPUBLIC

Since August 2012, entry into force in March 2013

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

DOMINICAN REPUBLIC

Since 2002

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Dominican Republic has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

DOMINICAN REPUBLIC

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Dominican Republic 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

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