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TOGO

Since June 1991
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 91-12 of 10 June 1991 on the protection of folklore copyright and related rights (Loi No. 91-12 du 10 juin 1991 portant protection du droit d'auteur du folklore et des droits voisins)

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)
Togo has a copyright regime under the law Law no. 91-12. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 20-24 list the exceptions, which include communications such as representation, performance, and broadcasting if they are private, performed exclusively within the family circle and do not give rise to any type of income; if they are conducted free of charge for strictly educational or school purposes or during a religious service in premises reserved for that purpose; among others.
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. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
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 = 'TG')\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":"87793"},{"post_id":"87794"},{"post_id":"87795"}]
"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 = 'TG')\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 = 'TG')\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"}]

TOGO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.64%
Coverage rate of zero-tariffs on ICT goods (%)
5.18%
Coverage: Digital goods

TOGO

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Togo is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

THAILAND

Since June 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Domain Name Registration Policy 2020 (นโยบายการจดทะเบียนชื่อโดเมน .th และ .ไทย)
According to the Domain Name Registration Policy 2020, the domain name ".co.th" is designed for business entities registered with the Department of Business Development in Thailand, state enterprises, or any person who registered the Value Added Tax with the Revenue Department in Thailand. In addition, according to Section 2 of the guidelines, the domain name holder can be a foreigner who holds a registered trademark with the Department of Intellectual Property (DIP) in Thailand. However, foreign juristic persons or trademark owners must appoint an agent to hold rights in a domain name on their behalf.
Coverage Horizontal

THAILAND

Since April 1979
Since April 2002

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act, 1979 (พระราชบัญญัติคุ้มครองผู้บริโภค - พ.ศ. 2522)

Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
The Consumer Protection Act 1979 and the Direct Sales and Direct Marketing Act 2002 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

THAILAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Thailand has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

THAILAND

Since 2019

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Thailand 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

THAILAND

Since 2001

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Thailand 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

THAILAND

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

THAILAND

Reported in 2021, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
It is reported that no compulsory assessment procedure is in place to certify electronic products.
Coverage Electronic products

THAILAND

Since January 1956, as amended in March 2006
Since November 2010

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Commercial Registration Act, 1956 (พระราชบัญญัติ ทะเบียน พาณิชย์ พ.ศ. 2499)

Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
According to Clause 5 of the Ministry of Commerce's Notification (No. 11) 2010, a website that includes the transaction of goods and services must register the 'E-Commercial Registration' under the Commercial Registration Act 1956 (amended by the Commercial Registration Act (No. 2) in 2006). Therefore, the electronic businesses operating in the internet system, service providers, web hosting, e-marketplace, or platform (for example, Lazada, Shopee, etc.) are required to register with the Department of Business Development (DBD). In addition, the DBD registration is valid for five years. Also, ordinary persons and juristic persons engaged in e-commerce businesses without commercial registration are considered to be in violation and shall be subject to a fine penalty as stipulated. Furthermore, foreign companies are required to submit additional documents for registration, including a copy of the company registration, an appointment of operation in Thailand, work permits, and a foreign business license or document certificate (if any).
Coverage E-commerce sector

THAILAND

Since April 2002, as amended in May 2017
Since November 2018

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)

Ministerial Regulation for Product and Service Purchase on Electronic Commerce Platform, Considered not being direct Marketing B.E. 2561 (กฎกระทรวงกำหนดการซื้อขายสินค้าหรือบริการโดยวิธีการพาณิชย์อิเล็กทรอนิกส์ที่ไม่ถือว่าเป็นตลาดแบบตรง พ.ศ. 2561)
The Direct Sales and Direct Marketing Act requires businesses that engage in direct sales/marketing to register with the Office of the Consumer Protection Board (OCPB). The definition of "direct marketing" has been amended to include e-commerce transactions. Business operators who fail to register as required will be punishable by a fine, imprisonment, or both.
In accordance with the provisions of the Act, the criteria for registering in the field of direct selling involve the following conditions: (i) the business entity must be structured as a partnership with a minimum registered capital of 500,000 Thai Baht (approx. USD 16,000), or alternatively, it can be a limited company or a public limited company with a minimum registered and paid-up capital of 1,000,000 Thai Baht (approx. USD 32,000); (ii) it is mandatory for direct selling operators to share joint and several liability with consumers who make purchases of goods or services through their independent distributors.
The conditions for registering and marking in the field of direct selling encompass the following: (i) applicants are obligated to furnish a guarantee to the registrar in an amount specified by the Ministerial Regulation, along with the preparation of a purchase and sale document in the Thai language; (ii) applicants must not have had their registration revoked in the five years leading up to the application submission, and the individual responsible for the operations must also not have faced a revocation during that period.
In addition, the Ministerial Regulation 2018 provides a list of activities which are not considered direct marketing, which include (i) a natural person who has not registered as a direct marketing operator and earns no more than 1,800,000 Thai Baht (approx. USD 50,000) per year from selling products or services through an electronic commerce platform; (ii) a small and medium-sized enterprise that legally registers in accordance with Small and Medium Enterprises Promotion Law; (iii) a community enterprise and their networks which legally register in accordance with the Community Enterprise Promotion Law; (iv) the cooperatives and the group of farmers who legally register in accordance with the Cooperatives Law.
Coverage E-commerce sector
Sources

THAILAND

Since November 1999

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Foreign Business Act, B.E. 2542 (1999) (พระราชบัญญัติการประกอบธุรกิจของคน. ต างด าว พ.ศ. ๒๕๔๒)
List 3 of the Foreign Business Act includes industries in which "Thai nationals are not yet ready to compete with foreigners". These are open to foreign investors provided they receive a licence from the Director-General of the Department of Business Development of the Ministry of Commerce and approval from the Foreign Business Committee. A wide range of businesses are covered under List 3, including advertising businesses. A foreign company can engage in List 3 activities if Thai nationals hold a majority of the limited company’s shares. Any company with a majority of foreign shareholders (more than 50%) cannot engage in List 3 activities unless it receives an exception from the Ministry of Commerce under its Foreign Business License application.
Coverage Advertising sector

THAILAND

Since June 2013
Since August 2013

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Notification of the National Broadcasting and Telecommunications Commission regarding Criteria, Procedures and Conditions for Digital Television Services Licensing, 2013

Notification of the National Broadcasting and Telecommunications Commission regarding Criteria, Procedures and Condition for Digital Television Services Auction, 2013
According to the Notification of the National Broadcasting and Telecommunications Commission regarding Criteria, Procedures, and Conditions for Digital Television Services Licensing 2013, any person who wishes to operate a digital television program must obtain a digital television license by qualifying and paying the fee. In addition, after receiving the license, a person shall be entered into the process of digital television channel auction as prescribed in the NBTC Notification 2013 regarding the auction.
Coverage Digital TV

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