ANGOLA
Since June 2011
Since July 2014
Since July 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
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)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Decreto Presidencial N. 166/14 - Regulamento de Partilha de Infraestruturas de Conmunicações Electrónicas)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Decreto Presidencial N. 166/14 - Regulamento de Partilha de Infraestruturas de Conmunicações Electrónicas)
Law No. 23/11 recognizes the importance of developing and expanding electronic communication infrastructures with a consideration for sharing locations and resources. The regulatory support for passive infrastructure sharing is further solidified by the approval of 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://datahub.itu.int/data/?i=100014&e=AGO
- https://inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_166_14-9_julho_de_2016-22_de_novembro_de_2017.pdf
- https://minttics.gov.ao/fotos/frontend_10/gov_documentos/lei_das_comunicacoes_electro_19324146535f1886da78b9b...s_sociedade_da_informacao.pdf
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ANGOLA
Since May 2001
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 8/01 - Telecommunication Law (Lei N. 8/01 - Lei de Bases das Telecomunicações)
Art. 18 of the Telecommunications Law No. 8/01 states that foreign capital in telecom operators should not exceed 50%, allowing only minority participation for foreign investors in this sector.
Coverage Telecommunications sector
ANGOLA
Reported in March 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 the telecom sector
Accordingly 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
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature 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) |
Sub-pillar Signature of the WIPO Performances and Phonogram 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
Since September 2007, entry into force in December 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
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) |
Sub-pillar Copyright law with clear exceptions
Law No. 15/14 - Copyright and Related Rights (Lei N. 15/14 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 for the purposes of research or private study by the person using the work; for use in private place in which entry is not paid and non-profit; for review or news reporting; reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries, centers 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 works 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
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
The enforcement of copyright online in Angola is reported to be considered weak, as reflected by the high levels of software and other digital piracy. The government has established a new copyright enforcement unit in 2016, through the publication of the Presidential Decree No. 114/16 on the Regulation on the Organization and Exercise of the Activities of the Collective Management of Copyright and Related Rights (Decreto Presidencial N. 114/16 Regulamento sobre a Organização e Exercício da Actividade das Entidades de Gestão Colectiva de Direitos de Autor e Conexos).
Coverage Software
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/angola/
- https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?c=AO&t=ip-framework#:~:text=Download%20current%20countries
- https://freedomhouse.org/country/angola/freedom-net/2022#footnote1_boi4s3o
- https://www.qurium.org/forensics/eliminalia-behind-yet-another-technique-to-silence-investigative-media/
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ANGOLA
Since June 2018, last amended in April 2021
Since October 2018, last amended in November 2021
Since October 2018, last amended in November 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 10/21 - Private Investment Law (Lei N. 10/21 - Lei do Investimento Privado)
Law No. 250/18 - Regulations for the Private Investment (Lei N. 250/18 - Regulamentação da Lei do Investimento Privado)
Law No. 250/18 - Regulations for the Private Investment (Lei N. 250/18 - Regulamentação da Lei do Investimento Privado)
The Private Investment Law No. 10/21 established the Angolan Investment Promotion Agency (AIPEX) as the primary entity responsible for promoting and regulating private investment. AIPEX serves as a one-stop shop for investment approvals. The Regulations for the Private Investment Law No. 250/18 outline the steps for registering and approving private investment projects, with AIPEX overseeing the process. Art. 6 specifies the investment project documentation, including a plan for gradually replacing foreign labor with national labor, and the procedures that required for registration.
Coverage Horizontal
Sources
ANGOLA
Since February 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 3/92 Industrial Property Law (Lei N. 3/92 Lei da Propriedade Industrial)
Art. 5 of Law No. 3/92 states that patent applications must be written in the Portuguese language and that foreign applicants must appoint a legal local representative. Furthermore, there have been reports of practical and legal barriers in the patent application process in Angola, including high direct and indirect registration costs and a lack of transparency throughout the process.
Coverage Horizontal
ANGOLA
Since February 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law No. 3/92 Industrial Property Law (Lei N. 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 May 2001
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 8/01 - Telecommunication Law (Lei N. 8/01 - Lei de Bases das Telecomunicações)
Art. 18 of the Telecommunications Law No. 8/01 states that foreign capital in telecom operators should not exceed 50%, allowing only minority participation for foreign investors in this sector.
Coverage Telecommunications sector
ANGOLA
Since December 2020, entry into force in January 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 41/20 Public Procurement Law (Lei N. 41/20 Lei dos Contratos Públicos)
Under Art. 53 of the Law No. 41/20, the contracting authority is required to include specific rules in tender documents 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 for the prices proposed by Angolan companies, 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.
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.
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 |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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 I) nor the 2015 expansion (ITA II).
Coverage ICT goods