It is reported that there is an obligation for passive infrastructure sharing in Madagascar to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.

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

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

According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15% to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.

It is reported that numerous government procurement deals occur outside the formal tendering process, despite regulations are in place to prevent conflicts of interest in public procurement. Furthermore, despite legal provisions stating that private enterprises engaging in corrupt practices to obtain permits, licenses, or authorisations are barred from government procurement, multiple reports highlight instances of corruption within the public procurement sector that have adversely affected foreign companies. Additionally, contractors involved in government infrastructure projects have expressed dissatisfaction due to delayed payments, which have disrupted their operations.

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

Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.

According to Art. 85, the publication director of a media communication enterprise (including journalistic publication enterprises on the Internet) must have a fiscal residence in Madagascar, be of age, enjoy civil and civic rights, and not have been the target of a judicial conviction.

Madagascar does not have a formal legal mechanism for screening foreign investments entering the country. However, it is reported that the Economic Development Board of Madagascar (EDBM) functions as an informal screening body. The EDBM reviews foreign investment proposals, which are then forwarded to the licensing authority for consideration. Final approval for foreign investments must be obtained from the President’s Office. Consequently, many foreign investment projects require presidential-level approval, with no set timeframe or standard criteria for such endorsement. Some of the largest foreign investment ventures in Madagascar have been awaiting presidential approval for several years, resulting in significant financial losses for foreign investors.

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

Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.

It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.