Database

Browse Database

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

NICARAGUA

Since October 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 1042 - Special Cybercrimes Law (Ley No. 1042 - Ley Especial de Ciberdelitos)
A basic legal framework on intermediary liability beyond copyright infringement is absent in Nicaragua's law and jurisprudence. Moreover, the 2020 Special Cybercrimes Law contains significant punishments for online activities and is applicable to social media users and media outlets. The law allows the punishment of administrators of technological platforms that intervene in the content (Art. 16). It is reported that the use of vague and undefined terms that can be applied arbitrarily or discretionally, resulting in legal uncertainty about its scope.
Coverage Internet intermediaries

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

NICARAGUA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Complains of requirement to disclose trade secrets
It is reported that starting in 2019, Nicaragua’s Customs Authority (DGA) began systematically seeking proof of country of origin of products that had previously been established to originate in the United States, including through a comprehensive questionnaire to importers seeking detailed information about the products. Multiple businesses have reported that the requested information includes proprietary business data or trade secrets. Businesses have sought to make arrangements with the DGA to establish proof of origin without publishing trade secrets in questionnaires, such as through site visits to production plants and staff interviews. However, it is reported that the DGA has rejected those proposals and, in multiple cases, has initiated administrative processes to remove preferential treatment and also seek retroactive tariffs for the time that the product was imported with preferential treatment.
Coverage Horizontal

NICARAGUA

Since September 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law No. 354 on Patents, Utility Models and Industrial Designs (Ley No. 354 - Ley de Patentes de Invención, Modelo de Utilidad y Diseños Industriales)
Law No. 354 provides a framework for the effective protection of trade secrets. The Chapter XVIII of the Law consists of the regulation of unfair competition, which involves the definition and protection of trade secrets.
Coverage Horizontal

NICARAGUA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Nicaragua to deliver telecom services to end users. However, it is reported that passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NI')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"85811"},{"post_id":"85812"},{"post_id":"85813"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NI')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NI')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

NICARAGUA

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)
1.26%
Coverage rate of zero-tariffs on ICT goods (%)
80.9%
Coverage: ICT goods

NICARAGUA

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 Expansion Agreement (ITA II)
Nicaragua is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

NICARAGUA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Local representative requirement to participate in public procurements
It is reported that in order to participate in public procurement processes, it is necessary to register with "nicaraguacompra.gob.ni" as a supplier of the state. In the case of foreign companies, the registration process requires a legal representative domiciled in the country.
Coverage Horizontal

NICARAGUA

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public tenders
There are complaints about the lack of transparency in public procurement. It is reported that the Government publishes public procurement notices too late to ensure fair competition, that it creates terms of reference and technical specifications that are frequently unclear, and that it includes requirements for financial guarantees and local legal representation that create significant challenges for foreign firms without a local partner.
In particular, it has been reported that the following requirements are not always applied:
- Government purchases must be planned and approved by procurement committees within each public entity and published in Annual Procurement Plans (Art. 20 of the Public Procurement Law);
- A minimum of 30 days from the publication of a bid to the due date for submissions (Art. 36 of the Public Procurement Law).
Coverage Horizontal

NICARAGUA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Nicaragua is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

NICARAGUA

Since August 1995, as amended in December 1999, last amended in December 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 200 - General Law of Telecommunications and Postal Services (Ley No. 200 - Ley General de Telecomunicaciones y Servicios Postales)
Art. 29 of Law No. 200 establishes that mass media licences are only granted to Nicaraguan natural or legal persons or to joint stock companies with at least 51% participation of Nicaraguan nationals. Prior to amendment 326 to Art. 29, this restriction applied to all licences for the provision of telecommunications services. The law does not provide a definition of mass media, therefore it is not clear whether this restriction applies online.
Coverage Mass media sector

NICARAGUA

Since May 2000, entry into force in June 2000

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law No. 344 on Foreign Investment Promotion (Ley de Promoción de Inversiones Extranjeras, Ley No. 344)
The government can limit foreign ownership for national security reasons under the Foreign Investment Promotion Law. According to Art. 3 of the law, foreign investors are subject to all legal provisions of general application in Nicaragua and enjoy the same rights and protections granted to Nicaraguan investors. However, exceptions apply to cases related to national security, public health, and the limitations outlined in the Political Constitution. Foreign investors and their investments are regulated by this law without prejudice to any special laws applicable to specific investments.
Additionally, it is reported that although the Government of Nicaragua does not formally screen, review, or approve foreign direct investments, the executive branch retains de facto review authority over such investments. This review process remains unclear and lacks transparency.
Coverage Horizontal

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nicaragua is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

Report issue     Report new measure