PERU
Since 1996
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Law Legislative Decree No. 822 (Ley sobre el Derecho de Autor Decreto Legislativo N. 822 )
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina N. 351 - Régimen Común sobre Derecho de Autor y Derechos Conexos)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina N. 351 - Régimen Común sobre Derecho de Autor y Derechos Conexos)
Peru has a copyright regime under the Decree No. 822. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 41-51 list the exceptions, which include the reproduction by reprographic means, for teaching or examination purposes in educational institutions; the reproduction of a work for judicial or administrative proceedings, to the extent justified by the purpose to be achieved; among others.
Moreover, Peru is a member of the Andean Community of Nations and is subject to Decision 351 issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market, but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Moreover, Peru is a member of the Andean Community of Nations and is subject to Decision 351 issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market, but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal
PERU
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)
Peru is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
PERU
Since July 2004
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Radio and Television Law No. 28,278 (Ley de Radio y Televisión N. 28,278)
Art. 24 of the Radio and Television Law provides that foreign participation in enterprises providing of broadcasting services cannot exceed 40% of the total holdings, equity shares or number of partners. It is not clear whether this requirement also applies online.
Coverage Broadcasting services
Sources
- https://www4.congreso.gob.pe/comisiones/2002/discapacidad/leyes/28278.htm
- https://www.state.gov/reports/2022-investment-climate-statements/peru/
- https://www.investinperu.pe/es/clima/como-establecer-una-empresa/1-eleccion-del-tipo-de-sociedad
- https://ca.practicallaw.thomsonreuters.com/0-500-7812?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a828695
- https://www.garrigues.com/en_GB/guides/guide-doing-business-peru
- Show more...
PERU
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
Foreign companies have reported some issues related to public procurement:
- Peru’s cumbersome and inefficient government procurement processes;
- Some firms continue to identify corruption as a significant problem in the government procurement process in the country;
- The reluctance of some government officials to make final contracting decisions for fear of oversight investigations and legal liabilities;
- The tendency to base awards on the lowest cost rather than the overall greatest value or lifecycle cost methodology.
- Peru’s cumbersome and inefficient government procurement processes;
- Some firms continue to identify corruption as a significant problem in the government procurement process in the country;
- The reluctance of some government officials to make final contracting decisions for fear of oversight investigations and legal liabilities;
- The tendency to base awards on the lowest cost rather than the overall greatest value or lifecycle cost methodology.
Coverage Horizontal
PERU
Since January 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive No. 004-2016-OSCE/CD
According to Section 7.3 of Directive No. 004-2016-OSCE/CD, State entities are allowed to make a reference to a particular manufacture or source, manufacturing process, trademarks, patents, or types of good, origin, or production for public procurement. It is reported that this generates a lock-in effect in procurement for cloud computing not allowing the use of alternative technologies by the administration.
Coverage Cloud computing services
PERU
Since July 2014, last amended in 2018
Since December 2018
Since December 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Law No. 30,225 (Ley de Contrataciones del Estado N. 30,225)
Regulation of the Government Procurement Law (Reglamento de la Ley de de Contrataciones del Estado)
Regulation of the Government Procurement Law (Reglamento de la Ley de de Contrataciones del Estado)
Art. 46 of Law No. 30,225 requires companies to register in the National Registry of Providers in order to participate, bid, be a contractor or subcontractor with the state. According to Art. 10 of the Regulation of the Government Procurement Law, goods and service providers, together with works contractors and works consultants must be registered in the National Registry of Providers, with the exception of state entities and providers whose contracts are equal or minor to around 4,600 soles (approx. 1,200 US).
Coverage Horizontal
PERU
Since July 2003, as amended in June 2007
Since December 2013
Since December 2013
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 28,015 (Ley N. 28,015)
Supreme Decree No. 013-2013-PRODUCE (Decreto Supremo N. 013-2013-PRODUCE)
Supreme Decree No. 013-2013-PRODUCE (Decreto Supremo N. 013-2013-PRODUCE)
According to Art. 22 of Supreme Decree No. 013-2013-PRODUCE (corresponding to Art. 21 of Law N. 28,015, as amended by Law N. 29,034) states that in the contracting and procurement of goods and services, as well as in the execution and consulting of works, the State Entities offers preferences to Micro and Small Enterprises (MSEs) as long as they comply with the required technical specifications. The institutions must program not less than 40% of their procurements to be attended by MSEs and preference shall be given to regional and local MSEs in the place where the purchases are made or the state works are executed.
Coverage Horizontal
PERU
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 Expansion Agreement (ITA II)
Peru 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
PERU
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)
0.29%
Coverage rate of zero-tariffs on ICT goods (%)
89.09%
Coverage: Digital goods
PARAGUAY
Since 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Paraguay has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
PARAGUAY
Since July 2018, entry into force in February 2019
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Paraguay has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PARAGUAY
Since 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Paraguay 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
PARAGUAY
Since October 1998
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 1334 (Ley No. 1334, de defensa del consumidor y del usuario)
Law No. 1334 provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 3 of Law No. 1334, the Law on consumer protection applies to all activities between suppliers and consumers in connection with the distribution, sale, purchase or any other form of commercial transactions of goods and services.
Coverage Horizontal
PARAGUAY
Since January 1992
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law No. 117, which regulates capital and industrial companies (Ley No. 117, que regula las sociedades de capital e industria)
According to Art. 15 and Art. 16 of Law No. 117, foreign natural or legal persons who sign joint venture contracts shall be domiciled in Paraguay.
Coverage Horizontal
PARAGUAY
Since December 2022
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law No. 7021 on Public Procurement and Contracting (Ley No. 7021 de Suministro y Contrataciones Públicas)
Art. 33 of the Public Procurement and Contracting Law establishes the obligation to register an address in Paraguay or to designate a local representative for the purposes of the relevant communications at the time of contracting in the case of a foreign bidder in public procurement.
Coverage Horizontal