Database

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CONGO

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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 organization 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 Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including the Republic of Congo, 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 Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

CONGO

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Republic of Congo is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CONGO

Since March 1977, as amended in December 2015, entry into force in November 2020
Since July 1982

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
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 organization 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)

Law No. 24/82 of 7 July 1982 on Copyright and Neighbouring Rights (Loi No. 24/82 du 7 juillet 1982 sur le droit d'auteur et les droits voisins)
The Revised Bangui Agreement 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 Congo and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Art. 33 of Law No. 24/82 also provides for limitations on copyright.
Coverage Horizontal

CONGO

Reported in 2015, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in the Republic of Congo. It is reported are high levels of piracy and that the Republic of Congo government computers use unlicensed software.
Coverage Software

CONGO

N/A

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

COMOROS

N/A

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

COMOROS

Reported in 2024

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Comoros for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

COMOROS

Since June 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 15-093/PR of 10 June 2015 on the Licence, Authorisation, Declaration and Approval Regime (Décret No. 15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be imported if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (ANRTIC). The applicant needs to send an application detailing information on the equipment and installations submitted for approval to ANRTIC.
According to Art. 1 of the Decree, terminal equipment is defined as any device, equipment or set of equipment intended to be connected to a network termination point for the purpose of transmitting, processing or receiving information. Only equipment providing access to electronic communications services is covered, excluding audiovisual communications services. Radioelectric installations are defined as any transmission system, switching or routing equipment and other resources used to transmit signals by cable, regardless of the type of information transmitted.
Coverage Terminal equipment and radioelectric installations

COMOROS

Since June 2015

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Decree No. 15-093/PR of 10 June 2015 on the Licence, Authorisation, Declaration and Approval Regime (Décret No. 15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be manufactured, imported, sold or distributed in the domestic market if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC - ANRTIC). The applicant must send an application detailing information on the equipment and installations submitted for approval to ANRTIC. The approval regime aims to confirm the compliance of the products with essential standards: user security, security of personnel operating electronic communication networks, protection of networks (in particular exchanges of control and management information), suitability of equipment to operate with the network, proper use of the electrical radio frequency spectrum.
Coverage Terminal equipment and radioelectric installations

COMOROS

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Comoros does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is reportedly an informal arrangement for a de minimis threshold of USD 116.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Comoros lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Comoros has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Comoros has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

COMOROS

N/A

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
The government owns shares in certain telecommunications companies. In particular, the government fully owns the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector

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