A basic legal framework on intermediary liability for copyright infringement is absent in Haiti's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Haiti's law and jurisprudence.

It is reported that Haiti imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.

In accordance with Art. 264 of the Customs Code, foreign nationals involved in import activities are required to obtain a license, which must be renewed at the start of each fiscal year. The renewed license must then be submitted to the Director of Customs.

Haiti has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Conseil National des Télécommunications, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

It is reported that the investment in “sensitive” sectors, including the telecom sector, requires a Haitian government concession as well as authorisation from the appropriate governmental agency.

It is reported that it usually takes about four years for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for patent registration.

Some complaints are reported regarding the fact that the laws on intellectual property rights in Haiti are outdated because these laws rely on a century-old industrial law (Law of 14 December 1922) rather than any specific law governing industrial property. Moreover, it is reported that Haiti has weak enforcement mechanisms, ineffective courts, and limited knowledge of commercial law by judges, which compromise the effectiveness of legal protections.

Haiti is not a signatory of the Patent Cooperation Treaty (PCT).

Haiti has a copyright regime under the Decree on Copyright. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 46 lists the exceptions, which include: (i) reporting of current events, provided that only short-term fragments of a performance, phonogram, or broadcast are used; (ii) reproduction solely for scientific research purposes; (iii) reproduction in the context of teaching activities, except where the performance or phonograms have been published as material intended for teaching; among others.

It is reported that Haiti lacks the capacity to prevent piracy and counterfeit distribution. As a result, theft and infringement of intellectual property rights is reported to be common practice.

Haiti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

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

Haiti lacks a comprehensive regime for the protection of trade secrets.