VENEZUELA
Since October 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 outlines these exceptions, which include the use of works by non-profit libraries or archives, provided the copy is part of their permanent collection for preservation and replacement purposes, as well as the use of works for teaching or examination in educational institutions, provided there is no profit motive, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230802152647/https://www.wipo.int/wipolex/en/text/130135
- https://web.archive.org/web/20220218223108/https://wipolex.wipo.int/en/text/283693
- https://web.archive.org/web/20231220053747/https://www.wto.org/english/docs_e/legal_e/27-trips.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/IP/Q4/VEN1.pdf&Open=True
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VENEZUELA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Piracy, including online piracy, unauthorised recording of cameras and the widespread use of unlicensed software, remains a persistent problem. There is reportedly concern regarding the lack of adequate and effective intellectual property (IP) protection and enforcement in general in the country.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption 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) |
Indicator Adoption of the WIPO Performances and Phonograms 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) |
Indicator 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://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20230604214048/https://www.globaltradealert.org/country/227
- https://web.archive.org/web/20240625215514/https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
- https://web.archive.org/web/20240128183650/https://sapi.gob.ve/wp-content/uploads/2020/09/ley_propiedad_intelectual.pdf
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VENEZUELA
Since February 2011
Pillar Telecom infrastructure & competition |
Indicator 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 practised in both the mobile and fixed sectors 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 requirements of the respective regulations.
Coverage Telecommunications sector
VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
Art. 11 of Decree No. 1399 establishes that the President can mandate temporary changes in the bidding process under exceptional circumstances in accordance with economic development plans that promote national development or provide preferences to domestic goods and suppliers. These measures include the reservation of procurements for nationals, although there is no further information on how this reservation would take place.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
Art. 11 of Decree No. 1399 grants the President of Venezuela the authority to implement temporary measures aimed at addressing adverse or unfavourable conditions impacting small and medium-sized industries, cooperatives, and other forms of community associations. These measures may include but are not limited to, the establishment of preferential contract amounts or categories, the use of procurement schemes that incorporate goods with national added value, the transfer of technology, and the inclusion of human resources.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
VENEZUELA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
13.6%
Coverage rate of zero-tariffs on ICT goods (%)
29.35%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
VENEZUELA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Venezuela is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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VANUATU
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Vanuatu has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
VANUATU
Since September 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 01 of 2020 on the Type Approval Certification and import Permit Application Processing Fees
According to Art. 2 of Decision 01 of 2020, local importers need to obtain type approval import permit from the Telecommunications, Radiocommunications & Broadcasting Regulator for the approval of importation, use, and sale of a particular model each time a consignment of relevant equipment is imported to Vanuatu.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20211111120554/https://www.trbr.vu/attachments/article/812/decision_01_of_2020_on_the_type_approval_certification_and_import_permit_application_processing_fees_for_the_repu...
- https://web.archive.org/web/20210131165828/https://www.trbr.vu/attachments/article/744/trbr_type_approval_permit_application_form_local_importer.pdf
VANUATU
Reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Lack of self-declaration of comformity (SDoC)
It is reported that conformity assessment system in Vanuatu accepts the European documentation and test reports for market access. Homologation procedure in Vanuatu requires neither local laboratory testing nor local representative contact. There are also no additional requirements concerning product labeling.
Coverage Electronic products
VANUATU
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Vanuatu does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
