VENEZUELA
Since February 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in Venezuela to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. Art. 125 of the Organic Law on Telecommunications establishes that any person that exclusively or predominantly owns or controls a general telecommunications route must allow access to or use of the same by telecommunications operators that request it, when its substitution is not feasible for physical, legal, economic, technical, environmental, security or operational reasons. The same article states that general telecommunications routes are understood to be the elements that allow the placement of the physical means necessary for the provision of telecommunications services, in accordance with the provisions of the respective regulations.
Coverage Telecommunications sector
VENEZUELA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Limits on investment in state-owned enterprise
The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government and it is reported that there is no foreign ownership. On the other hand, it is reported that full foreign ownership is allowed with respect to telecommunications sector.
Coverage Telecommunications sector
Sources
- https://www.cantv.com.ve/la-empresa/
- https://datahub.itu.int/data/?i=100049&s=12978
- https://www.asambleanacional.gob.ve/storage/documentos/leyes/ley-constitucional-de-inversion-extranjera-productiva-20220215152559.pdf
- https://www.globaltradealert.org/state-act/29857/venezuela-new-foreign-investment-law
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VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Venezuela has no rules applicable to the protection of trade secrets.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://www.globaltradealert.org/country/227
- https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
- https://sapi.gob.ve/wp-content/uploads/2020/09/ley_propiedad_intelectual.pdf
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VENEZUELA
Since February 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in Venezuela to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. Art. 125 of the Organic Law on Telecommunications establishes that any person that exclusively or predominantly owns or controls a general telecommunications route must allow access to or use of the same by telecommunications operators that request it, when its substitution is not feasible for physical, legal, economic, technical, environmental, security or operational reasons. The same article states that general telecommunications routes are understood to be the elements that allow the placement of the physical means necessary for the provision of telecommunications services, in accordance with the provisions of the respective regulations.
Coverage Telecommunications sector
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Venezuela has no rules applicable to the protection of trade secrets.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://www.globaltradealert.org/country/227
- https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
- https://sapi.gob.ve/wp-content/uploads/2020/09/ley_propiedad_intelectual.pdf
- Show more...
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
Reported in 2018, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Complaints are reported for online piracy as well as unauthorized camcording and widespread use of unlicensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 89% in 2017 (the second highest rate in the world and above the 52% rate of the Latin American countries), for an estimated commercial value of USD 317 million.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://gss.bsa.org/wp-content/uploads/2018/05/2018_BSA_GSS_Report_en.pdf
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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VENEZUELA
Since October 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Official Gazette No. 4,638 Extraordinary: Copyright Law (Gaceta Oficial No. 4,638 Extraordinario: Ley Sobre el Derecho de Autor)
Venezuela has a copyright regime under the Law No. 4,638 . However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include a work by non-profit libraries or archives, when the copy is in their permanent collection, to preserve such copy and replace it in case of need; a work for teaching or examination purposes in educational institutions, provided there is no profit motive; among others.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
Reported in 2018, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Complaints are reported for online piracy as well as unauthorized camcording and widespread use of unlicensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 89% in 2017 (the second highest rate in the world and above the 52% rate of the Latin American countries), for an estimated commercial value of USD 317 million.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://gss.bsa.org/wp-content/uploads/2018/05/2018_BSA_GSS_Report_en.pdf
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
VENEZUELA
Since October 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Official Gazette No. 4,638 Extraordinary: Copyright Law (Gaceta Oficial No. 4,638 Extraordinario: Ley Sobre el Derecho de Autor)
Venezuela has a copyright regime under the Law No. 4,638 . However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include a work by non-profit libraries or archives, when the copy is in their permanent collection, to preserve such copy and replace it in case of need; a work for teaching or examination purposes in educational institutions, provided there is no profit motive; among others.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal