ANGOLA
Since February 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law No. 3/92 - Industrial Property Law (Law No. 3/92 - Lei da Propriedade Industrial)
Chapter 2 of the Law No. 3/92 covers the mechanism of patent protection. Arts. 5 and 67 show that foreign patent owners need a local representative to defend patent rights. Additionally, there have been reports on procedural complexities, such as the intricate and time-consuming judicial processes in Angola, which could pose challenges for foreign patent holders. Furthermore, it is reported the shortage of judges proficient in patent law further exacerbates these barriers, impacting the efficient adjudication of patent-related disputes.
Coverage Horizontal
Sources
- https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/ao/ao003en.pdf
- https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.kashishworld.com/ip-rights-in-africa/angola#:~:text=In%20Angola%2C%20the%20Industrial%20Property,mechanism%20of%20registration%20of%20trademarks.
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ANGOLA
Since September 2007, entry into force in December 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Angola is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ANGOLA
Since July 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 15/14 - Copyright and Related Rights (Law No. 15/14 - Lei dos Direitos de Autor e Conexos)
Angola has a copyright regime under Law No. 15/14. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section V lists the exceptions, which include research or private study by the person using the work; use in a private place in which entry is not paid and non-profit; review or news reporting; reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries, centres or documentation files of general interest or public, institutions with a scientific or technological vocation, educational establishment; reproduction of works, permanently exposed to the public through images, reports; educational use; reproduction of arrangement or translation exclusively for individual and private use; quotations from copyright work and critics; speeches and lectures in front of the media; performance of the hymn, as well as works of a religious character.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ANGOLA
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
Angola has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Angola lacks a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, Art. 73 of Law No. 3/92 defines certain conducts involving the unauthorised use of trade secrets as criminal offences.
Coverage Horizontal
ANGOLA
Since June 2011
Since July 2014
Since July 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 23/11 on Electronic Communications and Information Society Services (Law No. 23/11 - Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Law No. 23/11 recognises the importance of developing and expanding electronic communication infrastructures with consideration for sharing locations and resources. This is further solidified by Presidential Decree No. 166/14 on the Sharing of Electronic Communications Infrastructures. The Presidential Decree establishes principles for mandatory sharing of electronic communication infrastructures (Art. 7), coordination and control through a coordination committee (Art. 8), management of shared infrastructures (Art. 9), registration and availability of shared infrastructures (Art. 10), and the contractual aspects of infrastructure sharing (Art. 12).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240328174135/https://inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_166_14-9_julho_de_2016-22_de_novembro_de_2017.pdf
- https://web.archive.org/web/20220618032236/https://minttics.gov.ao/fotos/frontend_10/gov_documentos/lei_das_comunicacoes_electro_19324146535f1886da78b9b...s_sociedade_da_informacao.pdf
- https://datahub.itu.int/data/?i=100014&e=AGO
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ANGOLA
Reported 2022, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
According to Presidential Decree No. 78/23 - Privatization Program (PROPRIV 2023-2026), the Angolan Government participates in several telecom companies operating in the country. Angola Telecom EP, a fully state-owned company, manages the country's basic infrastructure. The largest mobile operator in Angola, UNITEL SARL, was initially incorporated as a public-private joint venture, and it is currently fully controlled by the government, 50% directly and 50% indirectly through the state-owned company Sonangol. Furthermore, the Angolan Government owns 90% of the shares of Multitel, Lda., an internet service provider, and 49.3% of TV Cabo Angola. Moreover, MS Telcom, the third telecommunication company in Angola, is indirectly controlled by the Government through Sonangol.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230517152736/https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/ndgx/~edisp/minfin3481812.pdf
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/nze4/~edisp/minfin3718141.pdf
- https://www.bfa.ao/media/4463/nationalization-of-unitel-by-the-angolan-state.pdf
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ANGOLA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Angola does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market. Yet, Art. 3 of Law No. 23/11 on Electronic Communications and Information Society Services (Lei N. 23/11 Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação) defines the concept of SMP.
Coverage Telecommunications sector
ANGOLA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Angola has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ANGOLA
Since December 2020, entry into force in January 2021
Since June 2014
Since June 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 41/20 Public Procurement Law (Law No. 41/20 dos Contratos Públicos)
Joint Executive Decree No. 157/14
Joint Executive Decree No. 157/14
Under Art. 53 of Law No. 41/20, the contracting authority is required to include in tender documents specific rules that promote the preferential contracting of Angolan companies - including micro, small, and medium-sized enterprises (MSMEs). These rules include provisions such as preferential access to the negotiation phase, a margin of preference up to 10%, an increase in the overall score awarded to the proposals of Angolan companies, a higher score for goods produced, extracted, or cultivated in Angola, a requirement that a percentage of the subcontracted work be reserved for Angolan companies, and preferential treatment for domestic suppliers to limit foreign participation in public procurement.
Furthermore, according to Art. 4 of the Joint Executive Decree No. 157/14, large companies executing public contracts must outsource to Angolan MSMEs at least 10% of the value of services contracts and 25% of the value of works contracts.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Furthermore, according to Art. 4 of the Joint Executive Decree No. 157/14, large companies executing public contracts must outsource to Angolan MSMEs at least 10% of the value of services contracts and 25% of the value of works contracts.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Coverage Horizontal
ANGOLA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Angola is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
ANGOLA
Since June 2018, last amended in April 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 10/21 - Private Investment Law (Law No. 10/21 - Lei do Investimento Privado)
The 2018 Private Investment Law (PIL) outlines the general principles governing private investment in Angola for both domestic and foreign investors, applicable to investments of any value. It is reported that foreign and domestic private entities can establish and own businesses, though foreign entities face restrictions on holding a majority stake in certain sectors. However, none of the sectors relevant for digital trade are considered strategic, thus full ownership by foreigners is permitted.
Coverage Horizontal
ANGOLA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.89%
Coverage rate of zero-tariffs on ICT goods (%)
45.76%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ANGOLA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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)
Angola is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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