BENIN
Since April 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Benin has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BENIN
Since April 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Benin has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BENIN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Benin does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets. The country has established 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 Benin since 2002.
Coverage Horizontal
BENIN
Since April 2018, last amended in December 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
According to Art. 72 of Law No. 2017-20, the Regulatory Authority shall encourage sharing active and passive infrastructures and access to alternative infrastructures under equity, non-discrimination, and equal access conditions. The Authority can make infrastructure sharing mandatory in specific cases such as i) promotion of competition objectives, ii) territorial planning, or iii) protection of the environment or heritage.
Coverage Telecommunications sector
BENIN
Since December 2018
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Decree No. 2018-552 of 12 December 2018 approving the Bylaws of the Société Béninoise d'Infrastructures Numériques "SBIN S.A." (Décret No. 2018-552 du 12 Décembre 2018 portant approbation des statuts de la Société Béninoise d'infrastructures Numériques « SBIN S.A. »)
According to Art. 1 of Decree No. 2018-552 of 12 December 2018, the State is the sole shareholder of the telecommunications company SBIN S.A, which is therefore fully state-owned.
Coverage Telecommunications sector
BENIN
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 Benin mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BENIN
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
Benin has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BENIN
Since April 2018, last amended in December 2020
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
The Post and Electronic Communications Regulatory Authority (ARCEP) is the Authority in charge of regulating electronic communications and postal services. The Regulatory Authority is an independent administrative structure with legal personality and financial and management autonomy. It carries out its missions in an independent, impartial, fair and transparent manner (Art. 113 of Law No. 2017-20).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221001040256/https://sgg.gouv.bj/doc/loi-2017-20/
- https://arcep.bj/le-conseil-de-regulation/
- https://web.archive.org/web/20250308175554/https://datahub.itu.int/data/?i=100088&s=3109&e=BEN
- https://julienhounkpe.com/2021/04/22/overview-of-the-digital-code-amendment-act-in-benin-republic/
- Show more...
BENIN
Since September 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
Art. 76 of Law No. 2020-26 provides that a foreign candidate who is not a community enterprise and who plans to subcontract at least 30% of the contract's total value to a Beninese enterprise may be granted a margin of preference up to 10%.
Coverage Horizontal
BENIN
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)
9.72%
Coverage rate of zero-tariffs on ICT goods (%)
16.08%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BENIN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Benin is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
BENIN
Since September 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
In accordance with Art. 75 of Law No. 2020-26, a community preference of up to 15% of the bid amount must be granted to the bid submitted by a company that is a national of the West African Economic and Monetary Union (WAEMU). The preferential regime applies provided that:
- In the case of suppliers, if they offer goods whose manufacturing cost includes an added value for one of the member countries of the WAEMU of at least 30%;
- In the case of service providers or consultants resident in the WAEMU, if the service is valued at more than 5% of the value of the service or consultation provided.
In addition, the community preference scheme may only be granted to the legal entities referred to in this article:
- If more than half of their capital belongs to nationals, whether natural or legal persons, of one of the member states of the WAEMU.
- If half of their deliberative and management bodies are controlled or held by nationals of one of the member states of the WAEMU.
Temporary groupings of foreign operators concluded with natural or legal persons who are members of a state of the WAEMU may also benefit from community preference.
- In the case of suppliers, if they offer goods whose manufacturing cost includes an added value for one of the member countries of the WAEMU of at least 30%;
- In the case of service providers or consultants resident in the WAEMU, if the service is valued at more than 5% of the value of the service or consultation provided.
In addition, the community preference scheme may only be granted to the legal entities referred to in this article:
- If more than half of their capital belongs to nationals, whether natural or legal persons, of one of the member states of the WAEMU.
- If half of their deliberative and management bodies are controlled or held by nationals of one of the member states of the WAEMU.
Temporary groupings of foreign operators concluded with natural or legal persons who are members of a state of the WAEMU may also benefit from community preference.
Coverage Horizontal
BELGIUM
Since June 2014
Since February 2013, last amended in April 2022
Since February 2013, last amended in April 2022
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Code of Economic Law (Code de Droit Economique)
Code of Economic Law (Code de Droit Economique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Chapters VI.-XII on Market Practices and Consumer Protection of the Code of Economic Law.
Coverage Horizontal
BELGIUM
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
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
