GUINEA
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 has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUINEA
Since April 2015
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 2015/018/AN of 13 April 2015, relating to telecommunications and information technologies in the Republic of Guinea (Loi n° 2015/018/AN du 13 Avril 2015 relative aux télécommunications et aux technologies de l'information en république de Guinée)
According to Arts. 8 and 9 of the Law No. 2015/018/AN, the regulatory body for the postal and telecommunications sector is called the "Regulatory Authority for Posts and Telecommunications", abbreviated as ARPT. This body carries out its regulatory functions in an independent, neutral, professional, impartial, and transparent manner and has legal personality and administrative and financial autonomy.
Coverage Telecommunications sector
GUINEA
Since April 2015
Since March 2021
Since March 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Law No. 2015/018/AN of 13 April 2015, relating to telecommunications and information technologies in the Republic of Guinea (Loi N° 2015/018/AN du 13 Avril 2015 relative aux télécommunications et aux technologies de l'information en République de Guinée)
Decree D/2021/091/PRG/SGG of 25 March 2021, relating to infrastructure sharing and interconnection of public telecommunications networks and services in the Republic of Guinea (Décret D/2021/091/PRG/SGG du 25 mars 2021 relatif au partage d'infrastructures et à l'interconnexion des réseaux et services de télécommunications ouverts au public en République de Guinée)
Decree D/2021/091/PRG/SGG of 25 March 2021, relating to infrastructure sharing and interconnection of public telecommunications networks and services in the Republic of Guinea (Décret D/2021/091/PRG/SGG du 25 mars 2021 relatif au partage d'infrastructures et à l'interconnexion des réseaux et services de télécommunications ouverts au public en République de Guinée)
There is an obligation for passive infrastructure sharing in Guinea to deliver telecom services to end users. According to Art. 82 of Law No. 2015/018/AN, the Regulatory Authority for Posts and Telecommunications (ARPT) ensures the introduction of infrastructure sharing offers in the interconnection catalogue of the dominant operators in the relevant market. These offers concern all passive infrastructures such as poles or ducts, dark fibre, but potentially also active infrastructures.
Moreover, according to Decree D/2021/091/PRG/SGG, the request for infrastructure sharing cannot be refused if it does not cause any disruption or technical difficulty in terms of the proper functioning of the network and the proper operation of the service (Art. 4.4). In addition, infrastructure operators must meet requests for sharing from holders of public or private licences to operate telecommunications networks and from providers of telecommunications services under objective, transparent and non-discriminatory conditions. They must publish a catalogue of infrastructure sharing for each year (Art. 5).
Moreover, according to Decree D/2021/091/PRG/SGG, the request for infrastructure sharing cannot be refused if it does not cause any disruption or technical difficulty in terms of the proper functioning of the network and the proper operation of the service (Art. 4.4). In addition, infrastructure operators must meet requests for sharing from holders of public or private licences to operate telecommunications networks and from providers of telecommunications services under objective, transparent and non-discriminatory conditions. They must publish a catalogue of infrastructure sharing for each year (Art. 5).
Coverage Telecommunications sector
Sources
- https://www.arpt.gov.gn/nouvelle-loi-des-telecommunications-018-du-13-aout-2015/
- https://www.arpt.gov.gn/decret-d-2021-091-prg-sgg-relatif-au-partage-dinfrastructures-et-a-linterconnexion-des-reseaux-et-services-de-telecommunications-ouverts-au-public-en-republique-de-guinee/
- https://datahub.itu.int/data/?i=100014&e=GIN
- Show more...
GUINEA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea 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 Guinea in 2002.
Coverage Horizontal
GUINEA
Since December 1996, entry into force in May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Guinea has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUINEA
Since February 2002, entry into force in May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Guinea has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GUINEA
Since May 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Guinea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GUINEA
Since June 2019
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 No. L/2019/0028/AN of 7 June 2019 on the protection of literary and artistic property in Guinea (Loi N° L/2019/0028/AN du 7 juin 2019, portant protection de 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 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)
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 has a copyright regime under the Law No. L/2019/0028/AN. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-28 list the exceptions, which include: the analysis and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work; the use within the authorization of the author and without payment of separate remuneration, private use and reproduction, the use for a blind person, a person with a visual impairment of any kind or any person who, because of a disability, has reading difficulties; ephemeral recording by a broadcasting organization's own means and for its own broadcasts of a work that it has the right to broadcast; reproduction, broadcasting or communication of a work permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and it is used for commercial purposes.
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 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.
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 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
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.2 of Law L/2022/0010/CNT provides that in order to encourage the development of the local industrial fabric, operators and local companies linked by a co-contracting agreement negotiate technological and industrial partnerships. The partnerships must include technology transfer and technical assistance clauses for the benefit of the local co-contracting company. The minimum content of these partnership clauses is determined by decree. Yet, the implementing decrees are not yet available.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
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)
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 French-speaking States, including Guinea, 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
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law 2015/No.008/AN of 25 May 2015, regarding the investment code of the Republic of Guinea (Loi 2015/N°008/AN du 25 mai 2015 portant code des investissements en République de Guinée)
According to Art. 5 of Law 2015/No.008/AN, natural or legal persons of private law, regardless of their nationality, may not undertake some activities on Guinean territory without authorization. The sectors include postal and telecommunications services.
Coverage Postal sector and telecommunications sector
GUINEA
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 18 of Law L/2022/0010/CNT provides that before commencing their activities, operators shall draw up an overall local content plan, including, among other information and documents, the percentage of turnover that will be devoted to community, social and educational projects for the populations in the basin concerned by the project. This plan is subject to approval by the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), under conditions determined by decree. Yet, the implementing decrees are not yet available, therefore Art. 18 is not yet applicable..
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of performance of operators. However, this article cannot be applicable without the implementing decrees.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of performance of operators. However, this article cannot be applicable without the implementing decrees.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.1 of Law L/2022/0010/CNT provides that operators, within the framework of public procurement contracts, systematically set up co-contracting arrangements with local companies. Under this co-contracting arrangement, the local company must be responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. Co-contracting refers to the situation in which two or more companies form a temporary consortium with the aim of maintaining legal, economic and financial links between them for the joint completion of a project.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree, and involving in particular the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above applies.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree, and involving in particular the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above applies.
Coverage Horizontal
GUINEA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal