Database

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CHAD

Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003

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. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
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 Chad 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, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal

CHAD

N/A

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

CHAD

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
Chad has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CHAD

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Chad does not have comprehensive trade secret legislation. Yet, there are 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 ratified by 17 French-speaking States, including Chad, since 2002.
Coverage Horizontal

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Chad to deliver telecom services to end users. It is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

CHAD

Since January 2008, entry into force in December 2008

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services

CHAD

Reported in 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
Groupe Sotel Tchad, the main fixed-line operator, is reportedly fully state-owned.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Chad mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CHAD

Reported in 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Strict licence conditions
Airtel Chad and Tigo Chad have stated that they were obliged to comply with orders from the government to shut down the internet and limit access to social media in certain regions of the country for a period of 16 months. The operators stated that this obligation emanated from their license conditions with the ARCEP (the regulatory authority for electronic communications and postal services), which require them to cooperate with government authorities and, if necessary, restrict access to the networks in the interest of national security. The text of the agreements is not publicly available.
Coverage Telecommunications sector

CHAD

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
Chad has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Chad has a telecommunications authority: Electronic Communications and Postal Regulatory Authority (ARCEP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

CHAD

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)
Chad is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CHAD

Since January 2008, entry into force in December 2008

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services

CHAD

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Screening of investments
It is reported that the government employs a holistic, project-by-project approach in its investment screening mechanisms. However, no fixed criteria or standardised methodology have been made publicly available.
Coverage Horizontal

CHAD

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 Chad, 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

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