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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Copyrights

Legal framework

Angola

Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

Argentina

Copyright law is included in Law 11, 723, as amended. In addition, multiple laws and regulations govern matters such as related rights, publishers' rights and collective management societies.

Argentina is part of the main multilateral international copyright agreements, such as the Trips Agreement, the Berne Convention and the Rome Convention. The provisions of these agreements are actively enforced by the courts.

Australia

Copyright is governed by the Copyright Act 1968 (Cth) (Copyright Act). There is no state-based copyright law, and there is no common law of copyright, but there are court judgments that impact the interpretation of the Copyright Act. The Copyright Act provides for moral rights for original works and subject matter other than works except for sound recordings, sound and television broadcasts and published editions. It also provides performers' rights for performances.

On August 13, 2020, the Australian government proposed copyright reforms to better support the needs of Australians and public institutions to access material in an increasingly digital environment. The exposure draft of the Copyright Amendment (Access Reforms) Bill 2021 released in December 2021 details the proposed reforms. The proposed reforms include the introduction of a limited liability scheme for use of orphan works, a new fair dealing exception for non-commercial quotation, amendments to library and archives, education and research exceptions, and streamlining of the government statutory licensing scheme. Submissions from interested parties were received in early 2022 which remain with the government for consideration.

Australia is a party to the Berne Convention, Rome Convention, the TRIPS Agreement, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the WIPO Marrakesh Treaty, and a number of free trade agreements with individual countries and groups of countries.

Austria

Copyrights are governed by the Copyright Act, which also implements various EU directives.

Austria is also a party to several international treaties (including the WIPO Copyright Treaty and the TRIPS Agreement).

Belgium

Copyrights in Belgium are governed by Title 5 (“Copyrights and Neighboring Rights”) of Book XI (“Intellectual Property and Trade Secrets”) CEL.

On June 6, 2019, the EU Directive 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directive 96/9/EC and 2001/29/EC (also known as the “Directive on Copyright in the Digital Single Market” or “DSM Directive”) came into force, with its most significant changes for copyright holders being the obligation for news aggregators to remunerate press publishers and newspapers for using their content online, the introduction of a new liability regime for online content-sharing service providers and new obligations in respect of the author’s remuneration, such as appropriate and proportionate remuneration, transparency and the bestseller principle. The deadline for implementation, set at June 7, 2021, was not met by the Belgian legislator. The Directive was eventually implemented in Belgium by the act of June 19, 2022, whereby most provisions have entered into force on August 1, 2022.

Brazil

Copyrights are governed by the Federal Constitution (Article 5, XXVII), Federal Law 9,609/98 (Software Law) and Federal Law 9,610/98 (Rights of Authorship Law).

Moral rights are recognized under the Brazilian Rights of Authorship Law.

Brazil became signatory to Berne Convention in 1922.

Canada

The Canadian Copyright Act protects both copyright and moral rights, and there is no copyright outside the statutory framework.

Canada became a signatory to the Berne Convention in 1928.

Chile

(a) At the national level: Chilean Constitution and Law 17.336 on Intellectual Property and Supreme Decree 277 of 2013, which approves the Regulations of Law 17.336.

(b) At the international level: Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), inter alia.

China

The PRC Copyright Law and its Implementing Regulations are primary legislations in China concerning copyright protection. In addition, there are Regulations on Protection of Computer Software; judicial interpretations issued by the Supreme People's Court also provide detailed rules in respect of application of the Copyright Law.

China became a signatory to the Berne Convention and Universal Copyright Convention in 1992.

Colombia

Copyrights are governed by Decision 351 of 1993 issued by CAN, Law 23 of 1982, Law 44 of 1993, Law 1403 of 2010, Law 1835 of 2017, Law 1915 of 2018, Law 565 of 2000, Law 48 of 1975, and Decree 1066, 2015.

Moreover, among others, Colombia is a party of the:

  • WIPO Copyright Treaty
  • Universal Copyright Convention and
  • The Inter-American Convention on Copyright in Literary, Scientific and Artistic Works

Czech Republic

Copyright, including both economic and moral rights related to it, is governed by the Copyright Act.

Denmark

Copyrights are governed by the Danish Act of Copyright (LBK 1093 20/08/2023) and the amendment acts thereto.

Copyrights are also governed by EU Directives including Directive 2019/790 of the European Parliament and of the council of April 17, 2019 on copyrights and related rights in the Digital Single Market, as well as amending Directives 96/9/EC and 2001/29/EC.

Denmark is a party to several international conventions and treaties such as the Berne Convention, the Rome Convention, the TRIPS Agreement, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

Finland

The Copyrights Act governs copyrights in general, and the Finnish Penal Code governs copyright infringement crimes.

Finland has signed the Berne Copyright Convention.

As a member of the European Union, Finland has implemented the following copyright directives:

  • Directive 2017/1564/EU on the use of certain copyright protected work to the benefit of persons who are blind, visually impaired or otherwise print-disabled
  • Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society
  • Directive 96/9/EC on the legal protection of databases
  • Directive 91/250/EEC on the Legal Protection of Computer Programs

Finland has also implemented the Directive 2019/790/EU on copyright and related rights in the Digital Single Market. The implementation was completed on April 3, 2023.

France

Part I of the French Intellectual Property Code (Articles L. 111-1 et seq. and R. 111-1 et seq.), which implements the 2001 European Copyright Directive, governs the protection of copyrights in France.

The revised Audiovisual Media Services Directive has entered into force on 18 December 2018 and was transposed into French law, via an Ordinance No. 2020-1642 voted on 21 December 2020. Video-sharing platforms will now be submitted to this regulation. The Ordinance notably amended the Law of 30 September 1986 on freedom of communication, the Code of cinema and moving image, as well as the deadlines for the exploitation of cinematographic works. It also provides for the prohibition of incitement to terrorist acts in television programs and the strengthening of the rules on the protection of minors by prohibiting service providers from processing the personal data of minors for commercial purposes.

Part of the Audiovisual Media Services Directive was also implemented by the Law of 25 October 2021 and by Decree No. 2021-1853 of 27 December 2021, which materializes the merger of the Audiovisual Superior Council (CSA) and the Supreme Authority for the Distribution and Protection of Intellectual Property on the Internet (HADOPI) in a new independent authority: the Audiovisual and Digital Communication Regulatory Authority (ARCOM). The prerogatives of the new institution have been extended with regard to the fight against piracy. The law also creates a regime to protect the French public's access to cinematographic and audiovisual works in the event of the transfer of catalogues of works to a foreign operator.

With regard to media law, Article L. 137-1 of the Intellectual Property Code now defines the online content sharing service provider as the person who provides an online public communication service, one which has a main objective of storing and giving the public access to a significant quantity of works or other protected objects uploaded by its users, and who organizes and promotes the content with a view to making a direct or indirect profit from it. Decree No. 2021-1369 of 20 October 2021 specifies the methods for assessing the "significant quantity" of protected works uploaded. This text provides that this quantity may be deemed to have been reached when the service's audience and the number of content files uploaded by users of this service exceed a threshold of 400,000 unique visitors in France per month per online public communication service calculated on the basis of the last civil year.

The European Directive on Copyright and Related Rights in the Digital Single Market of 17 April 2019 has been transposed into French Law and has therefore created a related right for press agencies and press editors. Since 25 October 2019, all platforms, social networks and other sites aggregating information must obtain authorization from the publisher or the press agency, for any reproduction or communication to the public, in whole or in part, in digital form, of press publications. In return, publishers and press agencies may request remuneration.

In addition, Decree No. 2022-928 of 23 June 2022, which completes the transposition of the European Directive on Copyright and Related Rights in the Digital Single Market of 17 April 2019, has enshrined the exception to copyright for text and data mining for scientific and other purposes into French law.

On September 12, 2023, a new law proposal aims to provide a copyright framework for artificial intelligence. If adopted in its current wording, it would supplement the French Intellectual Property Code to enable artists to take better account of their rights in the face of the development of generative AI.

The main provisions of the contemplated law include the obligation to obtain an authorization for the use of protected works, the collective management of rights to works generated by AI, the obligation to mention the original authors and the taxation regime of works of indeterminate origin.

Germany

Germany became signatory to the Berne Convention in 1887 as well as to the WIPO Copyright Treaty in 1996, among other international treaties relating to copyright matters.

Germany implemented Directive 92/100/EEC on rental rights and lending rights as well as on certain rights related to copyright in the field of intellectual property, Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society and Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, which led to the creation of the Copyright Services Act ( Urheberrechts-Diensteanbieter-Gesetz) regulating services for online platforms.

Copyright issues are governed by the German Copyright Act (Urheberrechtsgesetz).

Hong Kong, SAR

Copyright is mainly governed by the Copyright Ordinance. As Hong Kong became a signatory to the Berne Convention in 1997, Hong Kong gives the same level of protection for copyright created by nationals and residents of other Berne Convention contracting states as it does to copyright created by its own nationals and residents.

With the aim of strengthening copyright protection in the digital environment in Hong Kong, the Copyright (Amendment) Ordinance 2022 came into effect on May 1, 2023 to update the copyright regime. Major amendments include:

(i) introducing an exclusive technology-neutral communication right for copyright owners to communicate their works to the public through any mode of electronic transmission (including streaming) and criminal sanctions against infringements relating to the communication right;

(ii) expanding the scope of copyright exceptions to allow the use of copyright works in common internet activities;

(iii) introducing “safe harbor” provisions to limit liability of online service providers in respect of copyright infringement occurring on online service platforms, subject to conditions such as taking reasonable steps to limit or stop the infringement as soon as practicable; and

(iv) introducing 2 additional statutory factors for the court to consider in determining whether to award additional damages to copyright owners in civil cases involving copyright infringement.

Hungary

Act No. 76 of 1999 on Copyright. Hungary became signatory to the Berne Convention in 1922. Today, the version of 1971 of the Convention is implemented. As a member of the EU, Hungary has implemented several directives into its Copyright Act.

India

Copyright in India is enforced under the Copyright Act, 1957 (Copyright Act), read with the Copyright Act (Amendment) Rules, 2021. Like the Berne Convention, which has been adopted by India, Section 57 of the Copyright Act also expressly protects the moral rights of authors. Copyright in India permits an author or their legal representative to:

  • Claim authorship of the work and exercise various economic rights and
  • Restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work, if such distortion, mutilation, modification or other act would be prejudicial to their honor or reputation.

Copyright in India does not extend to a right to restrain or claim damages in respect of any adaption of a computer program in order to utilize the computer program for the purpose for which it was supplied or to make back-up copies as a temporary protection against loss, destruction or damage.

Indonesia

Copyrights are governed by Law Number 28 of 2014 on Copyrights (Copyright Law), which revoked the previous Law Number 19 of 2002. Indonesia became the signatory to the Berne Convention in 1997, World Intellectual Property Organization Copyright Treaty in 1997 and World Intellectual Property Organization Performances and Phonograms Treaty in 2004.

Ireland

The Copyright and Related Rights Act 2000 governs copyright in Ireland. On November 19, 2021, the act was amended by the implementation of the EU Directive on Copyright in the Digital Single Market ((EU) 2019/790), enacted under the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021. In doing so, Ireland became the seventh EU Member State to implement the Directive into national law.

Ireland is a party to the Berne Convention of 1927.

Israel

The Copyright Act 2007 is the governing statute for copyrights.

Italy

Law No. 633/1941 (the Italian Copyright Law) is the statute that governs copyrights.

Legislative Decree No. 35 of 15 March 2017 (that transposes EU Directive No. 26 of 2014) regulates the collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market.

Italy has transposed the EU Directive No. 790 of 2019 on copyright in the digital European market through the Legislative Decree No. 177 of 8 November 2021, introducing relevant provisions with reference to authors' rights, obligations for online content sharing service providers (OCSSPs) and Information society service providers (ISSPs) and new publishers’ rights.

In short, the legislation establishes that authors should receive an adequate remuneration, proportionate to the potential or actual value of the rights licensed or transferred.

OCSSPs will be required to obtain authorization, such as a license, for the use of copyright-protected works directly from rightsholders or through collective rights management organizations. New complaint and redress mechanisms to address infringing content will have to be introduced and AGCOM (Autorità per le garanzie nelle comunicazioni, the Italian Communication Authority) will have to issue guidelines in this regard.

ISSPs will have to negotiate a licensing agreement with press publishers for the use of protected work. Press publishers shall be entitled to fair compensation to be determined also on the basis of the criteria established in ad hoc Regulation adopted by AGCOM, which shall also be competent to determine the fair compensation due in specific cases.

AGCOM Regulation on Copyright Protection on Electronic Communication Networks (Resolution No. 680/13/CONS dated December 12, 2013) as further amended also applies. In 2023, amendments were made with the aim to prevent and suppress the illicit dissemination of copyright-protected content through electronic communication networks, by enhancing the role of AGCOM, which was recognized the authority to instruct service providers to disable access to unlawfully disseminated content, also through “dynamic injunctions.”

Finally, Italy is a party to various international copyright treaties and conventions, such as the Universal Copyright Convention, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, the Berne Convention, the TRIPS Agreement, the WIPO Performances and Phonograms Treaty, and the WIPO Copyright Treaty.

Japan

The Copyright Act (Act No. 48 of 1970) (the Copyright Act) governs copyrights.

Japan became signatory to Berne Convention in 1899, to Universal Copyright Convention in 1956, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations in 1989, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms in 1978, Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994, World Intellectual Property Organization Copyright Treaty in 2000 and World Intellectual Property Organization Performances and Phonograms Treaty in 2002.

Luxembourg

Copyrights are governed by the Law of 18 April 2001 on Copyright, Neighboring Rights and Databases, as amended.

In April 2019, the European Union adopted the Directive 2019/790 in order to adapt the existing framework of copyright and related rights to the digital age. This directive has yet to be implemented into Luxembourg law. A draft law No. 7847 is currently being discussed and, when adopted, should modify:

  • The Law of 18 April 2001 on Copyright, Neighboring Rights and Databases, as amended
  • The Law of 3 December 2015 on certain authorized uses of orphan works
  • The Law of 25 April 2018 on the collective management of copyright and related rights and the granting of multi-territorial licenses of rights in musical works musical works for online use in the internal market

Mexico

Federal Copyright Law (Ley Federal del Derecho de Autor) governs copyrights.

Netherlands

Copyrights are governed by the Copyright Act of 1912.

New Zealand

Copyright is governed by the Copyright Act 1994 as well as court judgments that impact the interpretation of the Copyright Act.

The Copyright Act provides for moral rights for original works, as well as for performer's rights for performances.

New Zealand is a party to the Berne Convention, the Universal Copyright Convention, the TRIPS Agreement and the Marrakesh Treaty.

Nigeria

  1. Copyright Act, 2022 and its subsidiary legislation are is the principal legislation on copyright in Nigeria.
  2. Contractual principles
  3. Case law
  4. Nigerian Film Corporation Act CAP N109 LFN 2004
  5. Advertising Regulatory Council of Nigeria Act, 2022

  6. Nigerian Communications Act CAP N33 LFN 2004
  7. The National Broadcasting Commission Act CAP N11 LFN 2004
  8. The National Film and Video Censors Board Act CAP N40 LFN 2004
  9. Nigeria is a signatory to many of the international copyright treaties. The treaties include: The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); the Berne Convention of 1886; the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty; the Rome Convention for Protection of Performers, Producers of Phonograms and the Broadcasting Organization.

Norway

Copyrights are governed by the Norwegian Copyright Act (åndsverkloven).

The new Copyright Act came into force on July 1, 2018. The purpose with the new Copyright Act was to modernize and simplify the Act, and thus the new Act entailed mostly structural changes. Norway is a signatory to multiple international conventions, such as the Berne Convention, the Rome Convention and the TRIPS agreement.

In July 2021, a new law on collective management of copyright. was passed to implement the EU directive on collective management (2014/26 / EU).

Peru

National Copyright Law (Legislative Decree No. 822) governs copyrights.

Philippines

The IPC, in Part IV, and as amended by Republic Act No. 10372, governs copyright.

Poland

Poland became a signatory of the Berne Convention in 1920 and the WIPO Copyright Treaty in 2003.

It is also a signatory of other international treaties relating to copyright matters - for example, Poland has been bound by the TRIPS Agreement since July 1, 1995.

Additionally, Poland has implemented – or is in the process of implementing – certain EU Directives relating to copyright matters.

The most notable among them is the Digital Single Market directive (2019/790), which requires online content­-sharing service providers to obtain a license whenever they give the public access to copyright-protected works. Due to widespread opposition to the law, the directive’s implementation has not been concluded, and Poland filed an action for its annulment with the Court of Justice of the European Union. Although the action was dismissed by the Court, the DSM Directive has not been yet implemented in Poland.

Portugal

Copyrights are governed by the Code of Copyright and Related Rights.

Portugal became signatory to the Berne Convention in 1911 and to the WIPO Copyright Treaty in 2010.

Romania

Law no. 8 of March 14, 1996 on copyright and neighboring rights governs copyright in Romania. Romania became signatory to the Berne Convention in 1926 and grants moral rights to authors, which may not be waived.

Russia

Part IV of Russian Civil Code governs copyrights.

Russia is also party to the main international copyright treaties and conventions such as the Universal Copyright Convention, Convention for the Protection of Producers of Phonograms, Berne Convention, WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty.

Saudi Arabia

The Copyright Law (promulgated by Royal Decree No. M/41 of 2 Rajab, 1424 (corresponding to 30 August 2003)), and its Implementing Regulations (Copyright Law).

The KSA acceded to the Berne Convention for the Protection of Literary and Artistic Works on 11 December 2003.

Singapore

The Copyright Act 2021, which came into force on November 21, 2021, replaced the prior Copyright Act (Cap 63). To take into account technological developments and balance the rights of creators and copyright users, the Copyright Act 2021 updates and strengthens the copyright regime in Singapore, including in the following areas:

  • Granting authors of authorial works and performers of performances the right to be identified when their works are used in public.

  • Introducing civil and criminal liability provisions relating to streaming content from unauthorized sources in devices such as set-top boxes or software applications.

  • Strengthening the general “fair use exception.”

  • Setting an expiry date for copyright protection of unpublished work.

  • Introducing a new exception to allow copyright materials to be used for computational data analysis, eg, text, data mining and sentiment analysis.
  • Introducing a new educational exception to permit schools and students of nonprofit educational institutions to use internet resources for educational purposes.

  • Refining and introducing new exceptions to permit cultural heritage institutions to carry out activities relating to their work, eg, copying for administrative purposes, among others.

  • Granting creators default ownership of all types of commissioned works, except for employee-created content where the employer is the default owner of content created by employee during the course of employment.

  • Introducing new equitable remunerations rights when commercially published sound recordings are broadcasted or publicly performed.

  • Refining existing exceptions for print-disabled users.

  • Introducing new offenses relating to the sale of devices which facilitate access to copyright infringing works.

Any artistic work which is applied to a product and industrially produced does not fall under the protection of the Copyright Act 2021 and instead falls under the Registered Designs Act 2000.

Slovak Republic

The copyright is governed by Slovak Act No. 185/2015 Coll., the Copyright Act, as amended (Copyright Act). In addition to the Copyright Act, the Slovak Act No. 40/1964 Coll., the Civil Code, as amended (Civil Code) is applicable as the general regulation. For criminal sanctions resulting from the infringement of the copyright, the Slovak Act No. 300/2005 Coll., the Criminal Code, as amended (Criminal Code) shall apply. Slovak Republic is signatory of several international agreements as well, including:

  • Berne Convention for the Protection of Literary and Artistic Works
  • WIPO Copyright Treaty, Rome Convention for the Protection of Performers,

    Producers of Phonograms and Broadcasting Organizations

  • Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms

South Korea

Copyrights are governed by the CA. Korea has also acceded to the Universal Copyright Conventions, the Berne Convention, the Rome Convention, the Geneva Phonograms Convention, the GATT, the TRIPS Agreement, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty.

Spain

In Spain, copyright is governed by Legislative Royal Decree 1/1996 on Intellectual Property. This law implements the EU Copyright Directives (Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, Directive 2004/48/EC on the enforcement of intellectual property rights); Directive 96/9/EC on the legal protection of databases; and in particular, Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (91/250/EEC). New EU Directive 2019/730 on copyright and related rights in the Digital Simple Market has not yet been implemented into Spanish national law.

In addition, Spain is party to the Berne Convention.

Sweden

The Copyright Act (1960:729) (lag om upphovsrätt till litterära och konstnärliga verk) governs the protection of copyrights. Swedish copyrights are partly harmonized with EU copyright law through a series of EU directives, of which the latest is the implementation of the EU Digital Single Market (DSM) Directive into the Swedish Copyright Act of January 1, 2023. Sweden is a signatory to the Berne Convention.

Switzerland

The Federal Act and Federal Ordinance on Copyright and Related Rights govern copyrights. Switzerland became a signatory to the Berne Convention in 1886. In the course of a recent revision of Swiss copyright law, Switzerland has made comprehensive amendments and also incorporated new provisions to meet its obligations under the WIPO Beijing and Marrakesh Agreements for better access to published works for people with visual impairments and better protection for performers in audiovisual works, respectively.

Taiwan, China

The Copyright Act was promulgated on May 14, 1928. Taiwan is a member of the WTO and follows the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Ukraine

Main legislative acts regulating copyright protection in Ukraine are the Law of Ukraine "On Copyright and Related Rights" dated December 1, 2022 and Civil Code of Ukraine dated January 16, 2003. In addition, Ukraine is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

United Arab Emirates

Copyrights are governed by the Federal Law No. 15 of 1980 (Printed Matter and Publishing Law) and Federal Law No. 7 of 2002 in respect of Author Copyrights and Parallel Rights (Copyright Law).

In addition to the Berne Convention, the UAE has acceded to the WIPO Copyright Treaty, the Rome Convention and the WIPO Performances and Phonograms Treaty.

United Kingdom

The UK became a signatory to the Berne Convention in 1887.

Copyright Designs and Patents Act 1988, as (extensively) amended (Copyright Act) governs copyrights.

Copyright and Rights in Databases Regulations 1997 provides separate sui generis rights in relation to databases in which an investment has been made in obtaining, verifying or presenting their contents.

United States

Title 17 of the US Code governs copyrights. The United States became signatory to the Berne Convention in 1988. However, though the Berne Convention grants authors moral rights, moral rights are not recognized in the US Copyright Act. Under US law, moral rights may receive protection through judicial interpretation of several copyright, trademark, privacy and defamation statutes and, for authors of a work of visual art, through 17 U.S.C. §106A, known as the Visual Artists Rights Act of 1990 (VARA).