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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 (Law No. 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.
Coverage Horizontal

ANGOLA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Delays in the processing of patent applications
Angola reportedly faces practical and legal obstacles in the patent application process, including high direct and indirect patent filing costs and delays in the processing of patent applications.
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 (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

ANGOLA

Since September 2007, entry into force in December 2007

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)  |  Sub-pillar 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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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 Adoption of the World Intellectual Property Organization (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

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

Pillar Telecom infrastructure & competition  |  Sub-pillar 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)
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

ANGOLA

Reported 2022, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

ANGOLA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar Signature of the World Trade Organization (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

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Angola has a telecommunications authority: INACOM - Instituto Angolano das Comunicações. However, it is reported that its decision-making process is not fully independent from the government.
Coverage Telecommunications sector

ANGOLA

Since June 2011

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Law No. 22/11 - Lei da Proteção de Dados Pessoais)
Art. 24 of the Data Protection Act states that the interconnection of data may only be carried out with the authorisation of the Agência de Protecção de Dados (APD, Data Protection Agency) unless otherwise provided by law. Interconnection of data is defined as a form of processing of personal data consisting of the possibility of linking the data in one file with the data in other file(s) kept by another controller or by the same controller for other purposes. The APD only authorises such interconnection if it is appropriate for the pursuit of the lawful purposes of data processing. As a result, this requirement likely affects cross-border transfers.
Coverage Horizontal

ANGOLA

Since June 2011

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Law No. 22/11 - Lei da Proteção de Dados Pessoais)
Under Section VI of Law No. 22/11, a conditional flow regime is established for the transfer of personal data outside Angola. This means that international data transfer can only proceed if certain conditions are met. The law outlines two main scenarios for international data transfer:
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Agência de Protecção de Dados (APD, Data Protection Agency) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorisation from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate, and as a result, the authorisation remains currently the only means for transfer.
Coverage Horizontal

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