PARAGUAY
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Paraguay has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
PARAGUAY
Since June 1993
Since November 1997
Since November 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law No. 213, establishing the Labour Code (Ley No. 213 que establece el Código del Trabajo)
Law No. 1160 establishing the Penal Code (Ley No. 1160 que establece el Código Penal)
Law No. 1160 establishing the Penal Code (Ley No. 1160 que establece el Código Penal)
Paraguay 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 them. Art. 65 of the Labour Code establishes the employee's obligations to maintain strict confidentiality of technical, commercial and manufacturing secrets of the products in the production of which they are directly or indirectly involved or of which they have knowledge by reason of the work performed, as well as of administrative matters whose disclosure could be detrimental to the company. In addition, the literature indicates that in the absence of special laws for the protection of industrial secrets, Criminal Law has a role since Art. 147 of the Penal Code establishes penalties for the disclosure of "other people's" secrets and industrial or trade secrets.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230223174433/https://www.bacn.gov.py/leyes-paraguayas/2608/ley-n-213-establece-el-codigo-del-trabajo
- https://web.archive.org/web/20231215114013/https://www.oas.org/dil/esp/Codigo_Penal_Paraguay.pdf
- https://web.archive.org/web/20240110162418/https://www.apapi.com.py/wp-content/uploads/2017/09/revista-APAPI-2012.pdf
- https://web.archive.org/web/20250615081028/https://ojs.austral.edu.ar/index.php/ripi/article/view/793
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PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Paraguay to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Foreign ownership restriction in state-owned enterprise
It is reported that the telecommunications sector is open to competition, except for fixed lines and international carrier services, which remain under State monopoly with the "Compañía Paraguaya de Comunicaciones". This is despite full foreign ownership being allowed in the telecommunications sector. In December 2001, as part of the process of “Reorganization of decentralized Public Entities, of reform and modernization of Central Administration Organizations”, provided for by Law 1615/2000, the National Telecommunications Administration (ANTELCO) changed its name to Compañía Paraguaya de Comunicaciones Sociedad Anónima (Copaco S. A.), becoming a 100% state-owned company.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S463R1.pdf&Open=True
- https://web.archive.org/web/20150501070504/https://www.alfainternational.com/filebin/images/attorneys/Paraguay_Doing_Business_In.pdf
- https://web.archive.org/web/20221001134402/https://www.bacn.gov.py/leyes-paraguayas/2452/ley-n-642-telecomunicaciones
- https://web.archive.org/web/20250804211409/https://www.jica.go.jp/Resource/paraguay/espanol/activities/c8h0vm0000ccs175-att/activity21_20.pdf
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PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Compañía Paraguaya de Comunicaciones (COPACO S.A.) is the leading fixed-line telephony operator in Paraguay and is wholly state-owned. It is reported that, in December 2001, within the framework of the “Reorganisation of Decentralised Public Entities and the Reform and Modernisation of Central Administration Organisations” established by Law No. 1615/2000, the former National Telecommunications Administration (ANTELCO) was converted into Compañía Paraguaya de Comunicaciones Sociedad Anónima (COPACO S.A.), as a 100% state-owned company. COPACO also owns 100% of the mobile service operator HOLA.
Coverage Telecommunications sector
PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Paraguay does not require operators with significant market power (SMP) in the telecommunications sector to implement functional separation. However, it is reported that SMP operators are subject to accounting separation obligations.
Coverage Telecommunications sector
PARAGUAY
Since December 1995, last amended in March 2011
Since July 1996
Since July 1996
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)
Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
CONATEL Board Resolution No. 3523/2024 on the Procedure for Determining the Minimum Amount Payable as Licence, Authorisation, Licence Extension and Licence Renewal Fees under the Demand-Driven Regime (Resolución Directorio No. 3523/2024 - Por La Cual Se Aprueba El Procedimiento Para La Determinación Del Monto Mínimo A Abonar En Concepto De Derecho De Licencia, Autorización, Ampliación De Licencia Y Renovación De Licencia Bajo El Régimen De Solicitud De Partes)
Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
CONATEL Board Resolution No. 3523/2024 on the Procedure for Determining the Minimum Amount Payable as Licence, Authorisation, Licence Extension and Licence Renewal Fees under the Demand-Driven Regime (Resolución Directorio No. 3523/2024 - Por La Cual Se Aprueba El Procedimiento Para La Determinación Del Monto Mínimo A Abonar En Concepto De Derecho De Licencia, Autorización, Ampliación De Licencia Y Renovación De Licencia Bajo El Régimen De Solicitud De Partes)
Law No. 642 regulates the concession, license or authorisation to provide telecommunication services. According to Art. 70 of the Law No. 642 and Art. 67 of the Decree No. 14135, concessions, licences and authorisations are subject to the payment of a concession fee, which must be paid within 60 days of their grant or renewal, on a one-off basis for each period. In order to sign the concession contract, the concessionaire must provide proof of prior payment of the concession fee, whose amount is established in the CONATEL Board Resolution No. 3523/2024 on the Procedure for Determining the Minimum Amount Payable as Licence, Authorisation, Licence Extension and Licence Renewal Fees under the Demand-Driven Regime Moreover, there is an annual fee for the commercial exploitation of the services, which can be up to 1% of the provider’s gross income. It is also reported that there is a minimum capital requirement to obtain a licence.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20210922014324/https://www.bacn.gov.py/leyes-paraguayas/2452/ley-n-642-telecomunicaciones
- https://web.archive.org/web/20230601124632/https://www.kas.de/c/document_library/get_file?uuid=74ec1370-9cb7-5a31-035a-bfe0d831418f&groupId=252038
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=240507
- https://www.wto.org/english/tratop_e/tpr_e/s360_e.pdf
- https://web.archive.org/web/20260216125417/https://www.conatel.gov.py/conatel/wp-content/uploads/2025/01/2024-rd-3523.pdf
- https://datahub.itu.int/data/?i=100051&e=PRY&s=19296
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PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Paraguay has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PARAGUAY
Since December 1995, last amended in March 2011
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)
According to Law No. 642 of Telecommunications, the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
PARAGUAY
Reported in 2022, last reported in 2025
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Residence requirement for directors and managers
It is reported that, although shareholders of Paraguayan companies may be natural or legal persons regardless of their residence status, directors, managers and legal representatives must be Paraguayan citizens or foreigners with valid residence permits in Paraguay.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250929102147/https://practiceguides.chambers.com/practice-guides/investing-in-2025/paraguay
- https://www.pstbn.com.py/wp-content/uploads/2023/09/PSTBN-Doing-Business-in-Paraguay.pdf
- https://web.archive.org/web/20260121014911/https://www.state.gov/reports/2022-investment-climate-statements/paraguay
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PARAGUAY
Since August 2001, last amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree No. 14201/2001 Regulating Law No. 1630/2000 on Patents (Decreto No. 14201/2001 por el Cual se Reglamenta la Ley No. 1630/00 de Patentes de Invenciones)
According to Art. 8 of Decree No. 14201/2001, which regulates Law No. 1630/2000 on Patents, a patent application must include, inter alia, the name and address of the acting Industrial Property Agent together with their registration number, as well as a simple copy of the power of attorney or instruction document. According to the official website of the National Intellectual Property Directorate (DINAPI), representation by an Industrial Property Agent is mandatory for filing patent applications, and one of the requirements to act as such an agent is to be a lawyer duly registered with the Supreme Court of Justice of Paraguay.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250805092244/https://www.dinapi.gov.py/portal/v3/assets/archivos-pdf/Decreto-N-14.201-2001.pdf
- https://www.wipo.int/wipolex/en/legislation/details/3566
- https://web.archive.org/web/20251014042002/https://www.dinapi.gov.py/portal/v3/propiedad-industrial/patentes/aprender/registrar/
- https://web.archive.org/web/20260216124746/https://mosaico.dinapi.gov.py/osticket/v011401/kb/faq.php?id=5
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PARAGUAY
Since November 2000, last amended in July 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law No. 1630/00, on Patents of Inventions (Ley No. 1630/00 de Patentes de Invenciones)
According to Art. 60 of the Patent Law, all proceedings before the Industrial Property Directorate must be conducted through an Industrial Property Agent registered with the Directorate and domiciled in the capital. According to the official website of the National Intellectual Property Directorate (DINAPI), one of the requirements for acting as an Industrial Property Agent is to be a lawyer duly registered with the Supreme Court of Justice of Paraguay.
Coverage Horizontal
PARAGUAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Paraguay is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PARAGUAY
Since October 1998, last amended in July 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 1328, on Copyrights and Related Rights (Ley No. 1328, de Derecho de Autor y Derechos Conexos)
Paraguay has a copyright regime under the Law No. 1328. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 38-46 list exceptions, including reproduction by reprographic means for teaching or examination purposes in educational institutions and reproduction of a work for judicial or administrative proceedings, provided such reproduction is justified by the intended purpose, among others.
Coverage Horizontal
PARAGUAY
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that online copyright enforcement in Paraguay remains inadequate, with persistent challenges related to effective and consistent prosecutions and judicial actions. Paraguay’s National Directorate of Intellectual Property (DINAPI) has publicly identified audiovisual piracy as a major enforcement and market problem, noting that the illegal retransmission of football matches and other protected audiovisual content is estimated to generate losses of around USD 100 million per year.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260102101320/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20250915221413/https://www.mayerbrown.com/en/insights/publications/2024/07/intellectual-property--data-protection-newsletter
- https://web.archive.org/web/20250430212118/https://www.abc.com.py/economia/2024/06/06/perdida-por-retransmision-ilegal-del-futbol-y-otros-contenidos-llega-a-us-100-millones-al-ano-alerta-dinapi/
- https://web.archive.org/web/20240329151539/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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