Art. 41 of the Telecommunications Law stipulates that any licensee holding a dominant position within the market is obliged to accommodate all reasonable requests for access to its essential telecommunications facilities, in accordance with the procedures established by the regulatory authority and in a manner consistent with both the Reference Offer and the licensee’s disclosed future plans. In fulfilling this obligation, the licensee must apply equivalent conditions in comparable circumstances and act without discrimination. In addition, the authority may, in exceptional cases and for the purpose of ensuring interoperability, impose obligations upon licensees that do not possess a dominant position, requiring them to grant access to their essential telecommunications facilities under terms prescribed by the authority.
Essential telecommunications facilities, as defined in Art. 2, refer to those facilities owned, controlled, or provided by a limited number of licensees, the use of which is indispensable for other operators or service providers to deliver their services, given that duplication or substitution would not be technically or economically feasible. Such facilities include, inter alia, buildings, towers, antenna masts, cables, conduits, local loops, switches, easements, rights of way, and other elements as determined by the authority.

Syrian Telecom, formally designated as the Syrian Telecommunications Establishment, functions as a telecommunications entity under the authority of the Syrian government. It is organised as a joint-stock company that is wholly owned by the state.

The Syrian Arab Republic does not impose functional separation on operators with significant market power (SMP) in the telecommunications sector. However, an obligation for accounting separation has been in place since 2010. Art. 42.b of the Telecommunication Law (Law No. 18 of 2010) stipulates that licensees with significant market power must maintain separate accounts for their services, ensuring that the costs and revenues associated with each service are presented distinctly. This must be achieved through a cost-modelling accounting system approved by the regulatory authority. The authority also retains discretion to determine which services are subject to these provisions.

Under Arts. 2 and 26 of the Telecommunication Law, individual licences can be granted only to a limited number of companies. These licences are required for the use of the radio-frequency spectrum, the allocation of numbering in accordance with the National Numbering Plan, and the provision of fixed-line public telephone services, public mobile telecommunications services, satellite telecommunications services and international telecommunications services.

It is reported that a minimum capital requirement exists for the acquisition of a telecommunications licence in the Syrian Arab Republic.

The Syrian Arab Republic has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.

It is reported that the Syrian Telecommunications and Post Regulatory Authority (SY-TPRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Chapter VII of Syria’s Law No. 12 regarding the Protection of Electronic Personal Data on the Network regulates the cross-border transfer of personal data. Art. 15 prohibits the transfer, processing, or storage of personal data to any foreign or Arab state unless the receiving jurisdiction ensures an adequate level of protection, verified and authorised by the competent authority. However, paragraph (b) of the same article permits such transfers to jurisdictions lacking equivalent safeguards under specific conditions, including the explicit consent of the data subject, the preservation of life, provision of healthcare, fulfilment of contractual obligations, compliance with judicial requirements, protection of public interest, or implementation of bilateral or multilateral agreements to which Syria is a party. Art. 16 further allows controllers or processors to share personal data with counterparts abroad, subject to prior authorisation and the fulfilment of three conditions: compatibility of operational purposes, the existence of a legitimate interest, and assurance that the foreign entity maintains legal and technical protections equivalent to those prescribed in the law’s executive regulations.

Pursuant to Arts. 4 and 7 of the Executive Instructions for Investment Law No. 18, an investor is required to obtain an investment licence in order to establish a new economic enterprise within the communication and technology sector. The granting of such a licence constitutes formal authorisation to commence the establishment of the investment project. The Syrian Investment Agency issues the licence following a series of prescribed procedures, which include the submission of an economic and technical feasibility study for the proposed undertaking. In accordance with Art. 8, the investment licence shall only be conferred after the investor’s application has been duly examined by the competent authorities from a technical perspective.

Art. 6.4 of Law No. 18 of 2012 stipulates that, in cases where the patent applicant does not reside within the Syrian Arab Republic, it is mandatory to appoint a representative domiciled in the country to act on their behalf throughout the patent application and registration procedures. In addition, Art. 4 outlines the categories of individuals and entities eligible to benefit from the provisions of the law, subject to the prevailing national legislation and international agreements to which Syria is a party. Specifically, the law applies to Syrian nationals regardless of their place of residence, as well as to non-Syrians who maintain a headquarters or domicile within Syria or are nationals of countries that are parties to industrial property agreements in force in Syria. Additionally, it applies to nationals of Arab League member states, provided that reciprocal treatment is afforded.

The Syrian Arab Republic is a party to the Patent Cooperation Treaty (PCT).

The Syrian Arab Republic has a copyright regime under the Law on the Protection of Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, thereby limiting the lawful use of copyrighted works by third parties. Arts. 33 to 46 set out a closed list of exceptions, which include, among others, temporary copies made as part of broadcasting or technical transmission; quotation for purposes of teaching or research with attribution; limited reproduction within non-profit educational institutions; and the making of backup or interoperable copies of computer programs by a lawful user.

It is reported that there is a severe shortage of original software editions in Syrian markets. As a result, the majority of software available consists of unauthorised copies. Software piracy is therefore practised not only by consumers but also by marketers. In addition, it is reported that software piracy is socially accepted in Syria, which undermines the enforcement of legal frameworks and contributes to a reluctance to implement deterrent regulations governing intellectual property rights.

The Syrian Arab Republic has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

The Syrian Arab Republic has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.