TIMOR-LESTE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Timor-Leste has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TIMOR-LESTE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Timor-Leste lacks a comprehensive legal framework dedicated to the effective protection of trade secrets. Nonetheless, certain limited provisions exist that address aspects of this issue. Art. 19 of the Private Investment Law (Law No. 15/2017) stipulates that all investors are entitled to the protection of industrial secrets, as well as any other intellectual property rights recognised by law. In a related provision, Art. 184 of the Penal Code (enacted through Decree-Law No. 19/2009) criminalises the unauthorised disclosure of confidential information pertaining to commercial, industrial, professional, or artistic activities. This applies to individuals who acquire such information by virtue of their position, occupation, employment, profession, or artistic engagement. However, prosecution under this provision is contingent upon the lodging of a formal complaint by the aggrieved party.
In addition, a Draft Bill concerning the Industrial Property Code, which is anticipated to include specific provisions on the protection of trade secrets, remains pending enactment.
In addition, a Draft Bill concerning the Industrial Property Code, which is anticipated to include specific provisions on the protection of trade secrets, remains pending enactment.
Coverage Horizontal
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/ACC/TLS34.pdf&Open=True
- https://web.archive.org/web/20240726134416/https://customs.gov.tl/wp-content/uploads/formidable/2/ENG-Law-15_2017.pdf
- https://www.wipo.int/wipolex/en/legislation/details/10928
- https://web.archive.org/web/20250612124722/https://en.tatoli.tl/2025/02/12/govt-approves-industrial-property-code/21/
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TIMOR-LESTE
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that passive infrastructure sharing is not legally mandated in Timor-Leste. Nevertheless, Arts. 38 and 40 of "Decree-Law No. 15/2012 of 28 March 2012 on the Regulation of the Telecommunications Sector" prescribe conditions under which the sharing of cell sites must occur. Despite the absence of a general legal obligation, reports from 2020 indicate that infrastructure sharing is nonetheless practised in both fixed and mobile telecommunications services.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250610214043/https://app.gen5.digital/tracker/country-cards/Timor-Leste
- https://web.archive.org/web/20240802054335/https://mj.gov.tl/jornal/lawsTL/RDTL-Law/RDTL-Decree-Laws-P/Decreto%20Lei%20%2015-2012.pdf
- https://web.archive.org/web/20241001131842/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS5_LEG_86.pdf
- https://web.archive.org/web/20250609215210/https://datahub.itu.int/data/?e=TLS&Connectivity=Infrastructure+development+and+sharing
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TIMOR-LESTE
Reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Government holds shares in the telecommunications company Timor Telecom. In 2023, the State became the company’s largest shareholder, increasing its ownership from 20.6% to 77.6%.
Coverage Telecommunications sector
TIMOR-LESTE
Since March 2012, last amended in September 2024
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Decree-Law No. 15/2012 of 28 March 2012 on the Regulation of the Telecommunications Sector (Decreto-Lei Nº 15/2012, de 28 de Março, Sobre a Regulamentação do Sector das Telecomunicações)
Art. 37 of Decree-Law No. 15/2012 stipulates the requirement for accounting separation for telecommunications operators possessing significant market power (SMP). No obligation pertaining to functional separation has been identified.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240802054335/https://mj.gov.tl/jornal/lawsTL/RDTL-Law/RDTL-Decree-Laws-P/Decreto%20Lei%20%2015-2012.pdf
- https://web.archive.org/web/20241001131842/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS5_LEG_86.pdf
- https://web.archive.org/web/20250116141644/http://anc.tl/media/2025/01/Decreto-Lei-N.31-2024-15-2012-SERIE_I_NO_36_C-ANC.pdf
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TIMOR-LESTE
Reported in 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Reported minimum capital requirement for telecom licensing
Pursuant to Art. 30 of Decree-Law No. 15/2012 (last amended in September 2024), any individual or entity intending to provide telecommunications services or operate a telecommunications network is required to register with the National Communications Authority. In addition, under Art. 61, the utilisation of radio-frequency spectrum or the operation of radio equipment is prohibited without the appropriate licensing. Although no restriction has been inditified in the country’s telecommunications legislation, it has been reported that there is a minimum capital requirement for obtaining a telecommunications licence.
Coverage Telecommunications sector
Sources
- https://web.archive.org/save/https://datahub.itu.int/data/?i=100051&s=19296&e=TLS
- https://web.archive.org/web/20240802054335/https://mj.gov.tl/jornal/lawsTL/RDTL-Law/RDTL-Decree-Laws-P/Decreto%20Lei%20%2015-2012.pdf
- https://web.archive.org/web/20241001131842/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS5_LEG_86.pdf
- https://web.archive.org/web/20250116141644/http://anc.tl/media/2025/01/Decreto-Lei-N.31-2024-15-2012-SERIE_I_NO_36_C-ANC.pdf
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TIMOR-LESTE
Reported in 2022, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement
It is reported that procurement procedures are characterised by a significant lack of transparency. Contracts are occasionally awarded outside the formal procurement framework or facilitated through political channels. Although a public procurement website exists, it is reported that is inconsistently updated and not all tenders are published. Reports further indicate that, when tenders are posted, they are often available for only a brief period, and the selection of winning bidders may be predetermined.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250306083818/https://freedomhouse.org/country/timor-leste/freedom-world/2024
- https://web.archive.org/web/20250606172608/https://freedomhouse.org/country/timor-leste/freedom-world/2022
- https://web.archive.org/web/20250208071500/https://bti-project.org/de/reports/country-report/TLS
- https://bti-project.org/fileadmin/api/content/en/downloads/reports/country_report_2022_TLS.pdf
- https://web.archive.org/web/20250606172630/https://2021-2025.state.gov/reports/2024-investment-climate-statements/timor-leste/
- https://web.archive.org/web/20250606172542/https://www.state.gov/reports/2022-investment-climate-statements/timor-leste
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TIMOR-LESTE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Timor-Leste is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) but it does have observer status since September 2024.
Coverage Horizontal
TIMOR-LESTE
Since August 2017, entry into force in January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Private Investment Law - Law No. 15/2017 (Lei do Investimento Privado - Lei No. 15/2017 de 23 de Agosto)
The Private Investment Law delineates the conditions and incentives applicable to both domestic and foreign investment, while affirming the principle of legal equality for international investors. Pursuant to Art. 9.3, there is a list of specific activities and sectors from which foreign investors are excluded. Notably, this list does not encompass any activities pertinent to digital trade. Art. 24 of the Social Communication Law No. 5/2014 stipulates that foreign ownership in the share capital of media entities shall not exceed 30% of the total equity of the respective organisation. However, it is not clear whether this restriction applies to digital media platforms.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240726134416/https://customs.gov.tl/wp-content/uploads/formidable/2/ENG-Law-15_2017.pdf
- https://web.archive.org/web/20250529133833/https://timor-leste.gov.tl/wp-content/uploads/2021/03/SERIE_I_NO_331.pdf
- https://web.archive.org/web/20250320014820/http://www.tradeinvest.tl/node/files/Negative_List/Negative_List-English.pdf
- https://web.archive.org/web/20240929155741/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS9_LEG_1.pdf
- https://web.archive.org/web/20240216152914/https://www.mj.gov.tl/jornal/public/docs/2014/traducao/Traducao_Lei_Comunicacao_Social.pdf
- https://web.archive.org/web/20250606172630/https://2021-2025.state.gov/reports/2024-investment-climate-statements/timor-leste/
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TIMOR-LESTE
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)
5%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://web.archive.org/web/20211023231805/https://customs.gov.tl/doing-business/duties-taxes/
- https://web.archive.org/web/20241107190556/https://customs.gov.tl/doing-business/duties-taxes/
- https://www.wto.org/english/news_e/news24_e/acc_30aug24_e.htm
- https://www.wto.org/english/news_e/news24_e/acc_26feb24_tls_e.pdf
- https://www.wto.org/english/news_e/news23_e/ita_19oct23_e.htm
TIMOR-LESTE
Since August 2024
Since August 2024
Since August 2024
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Timor-Leste is a signatory to the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II). The country joined these Agreements with its accession to WTO membership in August 2024, except for duties on products in ITA tariff lines 378 and 27, which will be eliminated in 2027 and 2030, respectively.
Coverage ICT goods
TIMOR-LESTE
Since May 2022, entry into force in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Decree-Law No. 22/2022 of May 11 – Legal Regime of Provisioning, Public Contracts and Respective Infractions (Decreto-Lei Nº 22/2022, de 11 de maio – Regime Jurídico do Aprovisionamento, dos Contratos Públicos e das Respetivas Infrações)
Pursuant to Section 49.1 of Decree-Law No. 22/2022, the contracting authority may restrict participation in procurement valued at less than USD 100,000 to Timorese natural persons and/or companies established in Timor-Leste, provided that the majority of their capital is held by Timorese citizens. In addition, under Section 49.2, such a restriction may also be applied to procurement procedures equal to or exceeding USD 100,000, where the subject matter of the procurement pertains to sectors, goods, or administrative areas designated by government resolution as strategic and/or subject to special protection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240901053022/http://www.cna.gov.tl/uploaded/FOTO%20DIRETOR/Decretu-Lei%2022-2022%20new.pdf
- https://web.archive.org/web/20240928170607/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS23_LEG_6.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/ACC/TLS34.pdf&Open=True
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TIMOR-LESTE
Since May 2022, entry into force in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree-Law No. 22/2022 of May 11 – Legal Regime of Provisioning, Public Contracts and Respective Infractions (Decreto-Lei Nº 22/2022, de 11 de maio – Regime Jurídico do Aprovisionamento, dos Contratos Públicos e das Respetivas Infrações)
Section 49.3 of Decree-Law No. 22/2022 provides that, for procurement processes exceeding USD 1,000,000, the contracting authority may stipulate that the proposal must contribute to economic and social development. This may be achieved through the transfer of technology or expertise to local workers and enterprises, the inclusion of a minimum proportion of goods and services sourced from the local or national market, or the employment of a specified minimum number of national workers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240901053022/http://www.cna.gov.tl/uploaded/FOTO%20DIRETOR/Decretu-Lei%2022-2022%20new.pdf
- https://web.archive.org/web/20240928170607/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS23_LEG_6.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/ACC/TLS34.pdf&Open=True
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TUNISIA
Since December 1992
Since August 2000
Since August 2000
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection (Loi No. 92-117 du 7 Décembre 1992 Relative à la Protection du Consommateur)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Law No. 117-1992 on Consumer Protection, together with the Electronic Exchanges and Electronic Commerce Law No. 2000-83, establishes a comprehensive consumer protection framework that also extends to online transactions.
Coverage Horizontal
