According to Art. 24.1 of the Information and Communication Technologies Act, a license for "any service involving the use of information and communication technologies" is mandated in the country. In addition, according to Art. 24.5 the Information and Communications Technologies Authority (ICTA) must take into account “the public interest and the likelihood of unfair practice" for the issuance of the license. It is reported that the lack of precise definitions of the terms “public interest” and “unfair practice” might permit denials on virtually any basis that the ICTA desires. Licences can also be denied based on “any element” of national security, pursuant to Section 24.5b.

It is reported that Mauritius does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Mauritius has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Section 4 of the Information and Communication Technologies Act provides the establishment of the Information and Communication Technologies Authority. This mission is to promote affordable and adequate access to quality ICT services through functional market-driven competition and regulatory principles in a trouble-free Networked Information and Knowledge Society. It is reported that this entity is autonomous in the decision-making process.

Mauritius is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

The Independent Broadcasting Authority (IBA) Act under Section 19 provides that the allowable equity participation of a foreign company investing in broadcasting should be below 49.9%. Similarly, control by foreign nationals in broadcasting is limited to 49.9%. Furthermore, a foreign investor cannot hold 20% or more of a company that owns or controls any newspaper or magazine or any printing press publishing such as a newspaper or magazine. It is not clear whether these provisions apply online.

Section 132 of the Companies Act provides that a company must have at least one director who is ordinarily resident in Mauritius.

It is reported that the Investment Office of the Economic Development Board (EDB) reviews foreign investment proposals based on their economic benefits, environmental impact, and national security concerns. If an investment fails to pass the review process, the prospective investor may appeal the decision either to the EDB or to the relevant ministry

Mauritius is a party to the Patent Cooperation Treaty (PCT).

Mauritius’s copyright framework is established under the Copyright Act of 2014. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Arts. 16–28 lists the exceptions, which include private reproduction for personal purposes; reproduction and other utilisation for teaching and scientific non-commercial purposes; reproduction, broadcasting, and other communication to the public for informatory purposes, among others.

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

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

Mauritius does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in Sections 4 and 9 of the Protection against Unfair Practices (Industrial Property Rights) Act.

It is reported that there is no obligation for passive infrastructure sharing in Mauritius to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.

The government holds controlling shares in Mauritius Telecom, the leading provider of voice, mobile, Internet and data communication services in Mauritius. The government owns 33.5% of the shares, while SBM Holdings Ltd, also owned by the government, owns 19% of the shares.