Papua New Guinea has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The country lacks a comprehensive framework in place that provides effective protection of trade secrets, but it is reported that, in practice, the protection of trade secrets is largely governed by common law principles applied by the courts, with non-disclosure agreements (NDAs) and contractual arrangements serving as the primary mechanisms for businesses to safeguard confidential information. Moreover, under Art. 51 of the Constitution, every citizen has a right of reasonable access to official documents, subject to limitations that are reasonably justifiable in a democratic society to protect trade secrets and privileged or confidential commercial or financial information obtained from a person or body.

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, nor it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
However, under the Universal Access and Service (UAS) Policy of 2023, infrastructure sharing is mandatory for networks funded by the UAS Fund. This is a telecom/ICT sector fund established under the National ICT Act 2009 to finance projects that extend ICT infrastructure and services to underserved areas, particularly rural and remote communities.

Under Art. 47 of the National Procurement Act 2018, evaluators are required, for covered procurements of goods, works and services, to apply a price preference in favour of national companies and citizens. The margin of preference is set at 15% for goods and 7% for works or services. Moreover, joint ventures or associations between an eligible national company or citizen and a foreign partner are eligible for a lower, uniform preference margin of 4% for goods, works, or services. This preferential treatment is available only where the joint venture is registered in Papua New Guinea or where the national participant can demonstrate a beneficial interest of more than 50%, as evidenced by the profit-and-loss-sharing provisions in the joint venture agreement.

According to Art. 48(2) of the National Procurement Act 2018, the National Procurement Commission must ensure that, insofar as reasonably practicable, all procurements promote and maximise (a) the use of local expertise and materials, and (b) the participation of local communities or organisations.
Moreover, according to Art. 58, bidders must be registered with the National Procurement Commission as qualified bidders before they may receive bids or enter into contracts with the National Procurement Commission and other public and statutory bodies. The Commission may register applicants that meet the statutory requirements and may remove those that no longer qualify.

Papua New Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).

The Investment Promotion Act governs foreign direct investment in the country. Under Art. 27, certain activities are reserved for national citizens and companies. These reserved activities are specified in the Investment Promotion Regulation 1992 and, following the amendment introduced by the Investment Promotion (Amendment) Regulation 2021, include the repair of consumer electronics goods when this activity is not carried out in conjunction with the manufacture, wholesale or retail sale of such goods.

According to Art. 128 of the Companies Act, at least one director of the company shall be ordinarily resident in the country.

According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.

Papua New Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

According to Art. 48 of the National Procurement Act 2018, procurements up to PGK 10 million (approx. USD 2.4 million) are reserved for national companies and citizens with the capacity to supply the goods, works or services. For procurements above PGK 10 million and below PGK 50 million (approx. USD 12.1 million), at least 50% national participation is required, either through execution of at least half of the contract value by national firms or citizens, or through partnerships in which nationals hold at least 50% ownership. Procurements of PGK 50 million or more are open to all companies and persons.
For procurements in the first two value bands, if the lowest evaluated bid exceeds the Commission’s estimate by 10% or more, or if all bidders fail to meet the national participation requirement, the procedure must be cancelled and retendered without participation restrictions. The Board may also waive these limitations where restricting competition would not be in the State’s interest due to insufficient national capacity.

According to Art. 48 of the National Procurement Act 2018, all procurements that relate, in whole or in part, to activities reserved for citizens under the Regulations of the Investment Promotion Act 1992 must be restricted. These reserved activities are specified in the Investment Promotion Regulation 1992 and, following the amendment introduced by the Investment Promotion (Amendment) Regulation 2021, include the repair of consumer electronics goods when this activity is not carried out in conjunction with the manufacture, wholesale or retail sale of such goods.

The Consumer Protection Act of Bhutan, together with the Consumer Protection Rules and Regulations and the Guidelines on E-commerce, establish a comprehensive legal framework for safeguarding consumer rights, which extends to transactions conducted through online platforms.