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COMOROS

Since January 2005

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

COMOROS

Since March 1957
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law of 11 March 1957 on Literary and Artistic Property (Loi du 11 mars 1957 sur 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 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)
Comoros has a copyright regime under the Law on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 41 lists the exceptions, which include: private and gratuitous representations made exclusively within the family circle; copies or reproductions strictly reserved for the private use of the copier and not intended for collective use; analyses and short quotations justified by the critical, polemical, educational, scientific or informative nature of the work in which they are incorporated; press reviews; dissemination, even in full, via the press or radio, as news, of speeches intended for the public; and parody, pastiche and caricature.
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 Comoros 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. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal

COMOROS

Since January 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"80116"},{"post_id":"80117"},{"post_id":"80118"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

COMOROS

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)
15.09%
Coverage rate of zero-tariffs on ICT goods (%)
14.7%
Coverage: ICT goods

COLOMBIA

Since December 2000

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Law No. 633 of 2000 (Ley No. 633 de 2000)
According to Art. 91 of Law No. 633, any webpage of Colombian origin that dedicates its activity to e-commerce must be registered in the commercial registry and provide the National Tax and Customs Directorate (DIAN) with information on economic transactions.
Coverage Horizontal

COLOMBIA

Since September 2006

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Resolution No. 3,596 (Resolución No. 3596 de 2006 Aeronáutica Civil)
According to Art. 4 of Resolution No. 3,596, in the case of sales made through the Internet (virtual payment), airlines and travel agencies may charge an administrative fee different from the fees enshrined in the Resolution, provided that they inform the fee and the sales conditions to the aeronautical authority. This rule provides a different regime for online payments in the aeronautical realm, and it has been suggested that this may hamper online purchases.
Coverage Online payments

COLOMBIA

Since July 2019, as amended in August 2020

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 1,165 of 2019 by Which Provisions Are Issued Regarding the Customs Regime in Development of Law 1609 of 2013 (Decreto No. 1,165 de 2019 Por el Cual se Dictan Disposiciones Relativas al Régimen de Aduanas en Desarrollo de la Ley 1,609 de 2013)
Art. 261 of Decree No. 1165 of 2019 stipulates that the de minimis threshold—the minimum value of goods below which customs duties are not levied—is set at USD 200.
Coverage Horizontal

COLOMBIA

Since October 2011, last amended in August 2018

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 1,480 Consumer Statute (Ley No. 1480 Estatuto del Consumidor)
Law No. 1,480 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

COLOMBIA

N/A

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

COLOMBIA

Since 1999

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Colombia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

COLOMBIA

Since 2012

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Colombia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

COLOMBIA

Since November 2008

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution No. 912 Police Service Regulations (Resolución No. 912 Por la Cual se Expide el Reglamento del Servicio de Policía)
According to Resolution No. 912, telecom subscribers must provide telecom concessionaires with their name, address, contact number and ID number. The police duplicate this database. Telecommunications service providers authorised to operate must “allow remote queries” to subscriber’s data “via the web through VPN”, which must contain the following information: complete names or registered corporate or trade name; identification number and type or tax identification (for legal entities); address; telephone number; city of residence; mobile number or fixed line number; “ID and FLOTA number” if any; activation date. In case of changes, telecommunications service providers must send updates to DIJIN ("Dirección de Investigación Criminal e INTERPOL de la Policía Nacional") every month (Art. 1 and Annex I).
Coverage Telecommunications sector

COLOMBIA

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaint on custom clearance procedures
Colombia's slow customs clearance procedures are reportedly hampering import and export activities. In addition, there have been reports that Colombia has experienced significant delays in implementing crucial customs reforms that would allow traders to submit copies of invoices electronically instead of physical documents.
Coverage Horizontal

COLOMBIA

Since October 2015, last amended in December 2016

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 2025 (Decreto No. 2025)
It is reported that Decree No. 2025 creates burdensome restrictions and administrative requirements for trade in mobile phones. The Decree establishes measures to control the import and export of intelligent mobile phones, cellular mobile phones, and their parts, susceptible to classification under Customs Tariff subheading 8517.12.00.00 and 8517.70.00.00, as part of its strategy to address the theft of mobile phones.
Chapter I of Decree No. 2025 establishes the import conditions of mobile phones. According to Art. 3, mobile phones whose IMEI (International Mobile Equipment Identity) is registered in the databases referred to in Art. 106 of No. Law 1,453 of 2011 may not be imported. But, importation is permitted if: (a) it is an IMEI reported in the positive database, (ii) in the case of import in compliance with a guarantee or (iii) the re-import of previously exported phones. Also, intelligent mobiles can be imported if the travellers carry them when entering the national territory as a personal possession (and no more than three units). Importation is also allowed under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations."
Art. 1 of Decree No. 2,142 amended Art. 3 of Decree No. 2025 (Chapter I), yet the conditions for importing mobile phones remain largely unchanged. While these restrictions predate the amendment, Decree No. 2,142 introduced a more lenient regime allowing the import under the modality of postal traffic and urgent shipments if it is just one mobile/intelligent phone that fulfils customs regulations.
Coverage Telephones for cellular networks "mobile telephones" or for other wireless networks

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