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PARAGUAY

Since December 1995, last amended in March 2011
Since July 1996

Pillar Telecom infrastructure and competition  |  Sub-pillar Other 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)
Law No. 642 regulates the concession, license or authorization to provide telecommunication services. These will be subject to the payment of a fee, which must be verified within 60 days of obtaining them or renewing them only once in each period. For renewals, the payment of the fee will be determined on the basis of extensions or new investments. According to Art. 70 of the law, the commercial exploitation of the services will be subject to the payment of an annual fee of up to 1% of the gross income of the provider. In addition, according to Art. 64 of Decree No. 14,135, any foreign company that wants to provide telecommunication service in the country shall be domiciled or establish a representative office in Paraguay.
Coverage Telecommunications sector

PARAGUAY

Reported in 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar 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" is the main fixed telephony operator and is fully state-owned.
Coverage Telecommunications sector

PARAGUAY

Reported in 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

PARAGUAY

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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.
Coverage Telecommunications sector

PARAGUAY

Since June 1993
Since November 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)
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 Labor 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

PARAGUAY

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Paraguay has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

PARAGUAY

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Paraguay has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

PARAGUAY

Since October 1998

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 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.
Coverage Horizontal

PARAGUAY

Reported in 2018 and 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Paraguay. The country reportedly failed to apply sufficient sanctions to deter future acts of infringement or to ensure that government institutions use properly licensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 83% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 76 million.
Coverage Horizontal

PARAGUAY

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Paraguay is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PARAGUAY

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
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.
Coverage Telecommunications sector

PARAGUAY

Since December 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
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 provides for the classification and procedures of public procurement. It establishes a more favorable criterion for international bidders that incorporate in their offer the use of human resources of the country and/or the acquisition and lease of goods produced in Paraguay. Art. 33 also 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.
Coverage Horizontal

PARAGUAY

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)
Paraguay is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal

PARAGUAY

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)
Paraguay is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"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 = 'PY')\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":"49227"},{"post_id":"49228"},{"post_id":"49229"}]
"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 = 'PY')\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 = 'PY')\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":"1.00"}]

PARAGUAY

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)
3.05%
Coverage rate of zero-tariffs on ICT goods (%)
46.13%
Coverage: Digital goods