SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code establishes a comprehensive framework for the effective protection of trade secrets in São Tomé e Príncipe, including definitions, penalties, and applicable remedies. According to Art. 278, the disclosure, acquisition, or use of a competitor's business secrets without consent constitutes an offence punishable under this Code, provided the information meets the following criteria:
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since May 2013
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree No. 6/2013 - Approving the granting of an exploration licence to UNITEL STP, S:A:R:L. (Decreto No. 6/2013 - Aprova a atribuição de Licença de Exploração de Comunicação a UNITEL STP, S:A:R:L.)
There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Reported in 2022
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 owns 49% of the shares of Companhia Santomense de Telecomunicações, SARL (CST).
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
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)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
SAO TOME AND PRINCIPE
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 I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
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...
SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei No. 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
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)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 14.1 of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree-Law No. 19/2016 - Investment Code (Decreto-Lei No. 19/2016 - Código de Investimentos)
In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since December 2001
Since January 2017, entry into force in February 2017
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 4/2001 on Industrial Property
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.
Coverage Horizontal
SAINT LUCIA
Since April 1993, last amended in December 2005
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Customs (Management and Control) Act
Pursuant to Schedule 3 of the Customs (Management and Control) Act, the importation of radio and television transmitting equipment, including walkie-talkies, is prohibited unless authorised under a licence issued by the Minister of Communications.
Coverage Radio and television transmitting equipment
