URUGUAY
Since August 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Uruguay has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
URUGUAY
Since June 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Uruguay has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
URUGUAY
Since December 1973, last amended 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 9.739 of December 17, 1937 on Copyrights and Related Rights (Ley No. 9.739 de 17 de diciembre de 1937 Sobre Derechos de Autor y Derechos Conexos)
Uruguay has a copyright regime under the Law No. 9.739. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 45 lists the exceptions, which include: Publication of works intended for teaching, excerpts, fragments of poetry, and single articles, provided that the author's name is indicated; Publication of works intended for teaching, excerpts, fragments of poetry, and single articles, provided that the author's name is indicated; Dissemination of news, reports, and journalistic information as long as their exact version is maintained and their origin is expressed; among others.
Coverage Horizontal
URUGUAY
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the rate of unlicensed software installation in Uruguay was 67% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 51 million.
Coverage Software
URUGUAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Uruguay is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
URUGUAY
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Uruguay is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
URUGUAY
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Other limitations on foreign participation in public procurement
It is reported that Uruguay grants price preferences to small and medium-sized local companies in public bidding processes. However, this policy has not been found in the regulatory texts.
Coverage Horizontal
URUGUAY
Since June 2012
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Orderly Text of Accounting and Financial Administration (TOCAF) (Texto Ordenado de Contabilidad y Administración Financiera (TOCAF))
Art. 58 of the Orderly Text of Accounting and Financial Administration (TOCAF) sets a preferential regime granting a 8% price preference to public works, goods and services produced domestically.
Coverage Horizontal
Sources
- https://www.impo.com.uy/bases/tocaf2012/150-2012
- https://www.gub.uy/agencia-reguladora-compras-estatales/sites/agencia-reguladora-compras-estatales/files/2023-01/TOCAF_%202023.pdf
- https://www.comprasestatales.gub.uy/ManualesDeUsuarios/manual-procedimiento-compras/Regimenesdepreferencia.html
- https://www.globalpublicprocurementdata.org/gppd/country_profile/UY
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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URUGUAY
Since December 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 371/010 (Decreto No. 371/010)
Art. 10 of Decree No. 371/010 grants price preferences to Micro, Small and Medium Enterprises bidding for public procurement contracts.
Coverage Horizontal
Sources
- https://www.impo.com.uy/bases/decretos/371-2010
- https://www.comprasestatales.gub.uy/ManualesDeUsuarios/manual-procedimiento-compras/ProgramadeContratacionPublicapar.html
- https://www.comprasestatales.gub.uy/ManualesDeUsuarios/manual-procedimiento-compras/Regimenesdepreferencia.html
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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URUGUAY
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
Uruguay is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
URUGUAY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.74%
Coverage rate of zero-tariffs on ICT goods (%)
35.2%
Coverage: Digital goods
UNITED STATES
Since 2015
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The U.S. has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
UNITED STATES
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The U.S. 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
UNITED STATES
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The U.S. has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
UNITED STATES
Last updated in 2020
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Federal Trade Commission (FTC) rule
Domestic consumer protection laws include Federal Trade Commission (FTC) rules on online sellers shipping along the timeframe/method advertised, and a scam-reporting mechanism through which the FTC can investigate fraudulent online vendors.
Coverage Horizontal
Sources
- https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=X-18&chapter=10
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_signatures/status
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce/status
- https://www.consumer.ftc.gov/articles/online-shopping
- https://www.consumer.ftc.gov/blog/2020/07/scams-online-sales-when-orders-dont-arrive
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