SIERRA LEONE
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Sierra Leone is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SIERRA LEONE
Since October 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyrights Act 2011 (No. 8)
Sierra Leone has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. The fair dealing provisions are contained in Sections 9 and 14 of the Copyright Act, while the provisions highlighting other instances of permitted use of copyrighted materials can be found in Sections 27-37. The exceptions encompass private reproduction for personal purposes, temporary reproduction, reproduction in the form of quotation, reproduction for teaching, libraries and archives, broadcasting and other public communication, publication of portraits in events of public interest, reproduction and adaptation of computer programmes, importation for personal purposes, display of works, and ephemeral recordings, among others.
Coverage Horizontal
SIERRA LEONE
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although Sections 72-73 of the Copyrights Act provide for civil remedies and criminal sanctions for unauthorised use of copyrighted materials, there are still cases of piracy of protected works in the country. It is reported that legal protection is weak and inadequate, and there is limited enforcement of intellectual property laws due to resource and capacity limitations.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Sierra Leone has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Sierra Leone has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SIERRA LEONE
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)
13.18%
Coverage rate of zero-tariffs on ICT goods (%)
2.61%
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
SIERRA LEONE
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sierra Leone 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
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SIERRA LEONE
Since February 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
Section 40 of the Public Procurement Act requires the procuring entity to employ international competitive bidding procedures when the estimated contract amount is higher than the value threshold specified in the First Schedule of the Public Procurement Act, namely:
- SLE 600 Million (USD 30,400 approx.): in the case of contracts for the procurement of goods and services;
- SLE 900 Million (USD 45,600 approx.): in the case of contracts for the procurement of works.
Moreover, international competitive bidding procedures may be used when effective competition cannot be obtained unless foreign firms are invited to bid or where the goods, works, or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone.
- SLE 600 Million (USD 30,400 approx.): in the case of contracts for the procurement of goods and services;
- SLE 900 Million (USD 45,600 approx.): in the case of contracts for the procurement of works.
Moreover, international competitive bidding procedures may be used when effective competition cannot be obtained unless foreign firms are invited to bid or where the goods, works, or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone.
Coverage Horizontal
SEYCHELLES
Since December 2019
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
S.I 82 of 2019 Customs Management (Importation of Goods through Post and Courier) Regulations, 2019
According to Art. 3 of the Customs Management Regulations, goods imported into Seychelles through the post or courier whose value is below SCR 3000 (approx. USD 220) shall be exempted from customs duty, provided that the consignment of goods imported is for the personal and exclusive consumption or use of the consignee.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240715043348/https://tradeportal.sc/wp-content/uploads/2023/12/SI-82-of-2019-Customs-ManagementImportation-of-Goods-Through-Post-and-CourierRegulations-2019.pdf
- https://web.archive.org/web/20220315135338/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_6%20December%202021.pdf
SEYCHELLES
Since June 2022
Since December 2021
Since December 2001
Since December 2021
Since December 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Fair Trading Act, (Act 12 of 2022)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
The Fair Trading Act (Part IV), Cybercrimes and Other Related Crimes Act (Section 4), and the Electronic Transactions Act (Part III) provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230914064623/https://www.gazette.sc/sites/default/files/2021-12/Act%2059%20-%20Cybercrimes%20and%20other%20Related%20Crimes%20Act%202021.pdf
- https://web.archive.org/web/20241004084121/https://seylii.org/akn/sc/act/2001/8/eng@2018-03-29
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=sc
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SEYCHELLES
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
Seychelles has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SEYCHELLES
Since 2001
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Seychelles 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
SEYCHELLES
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Seychelles 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
SEYCHELLES
Since December 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2023
According to Art. 40 of the Data Protection Act, where a type of processing is likely to result in a high risk to the rights and freedoms of any individual, the data controller shall, prior to the processing, carry out a data protection impact assessment.
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240329093957/https://www.infocom.sc/wp-content/uploads/2024/01/Act-24-2023-Data-Protection-Act-2023.pdf
- https://www.dataguidance.com/news/seychelles-data-protection-act-enters-force
- https://www.lexology.com/library/detail.aspx?g=18384d85-a6f8-470b-b820-42a2d25b78f1
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