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BENIN

Since February 1987

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

BENIN

Since March 1977, as amended in December 2015, entry into force in November 2020
Since April 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property organisation, 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 organisation 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. 2005-30 of 5 April 2006, on Copyright and Related Rights of the Republic of Benin (Loi No. 2005-30 du 5 avril 2006 relative à la protection du droit d'auteur et des droits voisins en République du Bénin)
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 Benin 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, Title IV of Law No. 2005-30 also provides a list of exceptions.
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 = 'BJ')\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":"78950"},{"post_id":"78951"},{"post_id":"78952"}]
"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 = 'BJ')\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 = 'BJ')\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"}]

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

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

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.
Coverage Horizontal

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

BELIZE

Since October 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2021
The Electronic Transactions Act provides a comprehensive consumer protection framework that applies to online transactions. According to Art. 49, a person using electronic communications to sell goods or services to consumers shall (i) provide accurate, clear, and accessible information about themselves; (ii) describe the goods or services offered; and (iii) provide information about the terms, conditions, and costs associated with a transaction, among others.
Coverage Horizontal

BELIZE

Since January 2023, entry into force in August 2023

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Belize has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BELIZE

Since 2021

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Belize 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

BELIZE

N/A

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

BELIZE

Since December 2002, last amended in December 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Statutory Instrument 152, 2002: Regulation for Type Approvals
It is reported that all products that utilise radio frequency and cellular technologies require the Public Utilities Commission (PUC) type approval and certification before import and commercialisation. According to Art. 5.1 of Statutory Instrument 152, the PUC may recognise approvals granted by other countries. In addition, according to Art. 5.3, where a licensed telecommunications operator wishes to supply customer premises equipment and related services, it shall be sufficient if that operator attaches a report to the application showing that the equipment has conformed to the acceptance testing requirements or international type approval. Finally, it is reported that Belize does not require in-country testing, local representation, or specific labelling. However, technical documents will be reviewed and validated by the PUC during the approval process.
Coverage Electronic products

BELIZE

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Belize does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

BELIZE

Since July 2022

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Belize Companies Act, 2022
According to Art. 194 of the Belize Companies Act, a foreign company that carries on business in Belize shall, at all times, have a Registered Agent in the country. Pursuant to Art. 194.2, no person shall act, or agree to act, as the Registered Agent of a foreign company unless that person has obtained a licence from the Financial Services Commission established under the Financial Services Commission Act or any other applicable enactment. According to Art. 3, a foreign company means a body corporate incorporated, registered or formed outside Belize.
Coverage Foreign companies

BELIZE

Since August 1999

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Public Utilities Commission Act, 1999
It is reported that the Public Utilities Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution known as the Public Utilities Commission, which ensures that the public services are satisfactory and the charges imposed by the public services are reasonable. This institution shall regulate, among others, the telecommunications sector.
Coverage Telecommunications sector

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