Pursuant to Art. 91 of the Companies Act 2015, every company other than a private company must have at least three directors, and at least two of those directors must ordinarily reside in Fiji. Furthermore, for private companies, at least one director must ordinarily reside in Fiji.

According to Art. 7 of the Investment Act 2021, the minister responsible for investment may prohibit a foreign direct investment for the protection of national security interests. A foreign investor intending to invest in a sector that may have potential effects on, inter alia (i) critical infrastructure such as energy, transport, communications, data storage or financial infrastructure; (ii) critical technologies such as artificial intelligence, robotics, semiconductors, technology with potential dual use application, cyber security; (iii) the security of supply of critical inputs; or (iv) access to sensitive information or the ability to control sensitive information, must submit a proposal of the investment to the Minister for an approval to invest in that sector.

Pursuant to Section 3 of the Investment (Reserved and Restricted Activities) Regulation 2022, the minimum capital requirement for foreign investment is set at FJD 300,000 (approx. USD 134,000). Certain activities listed as 'restricted' are subject to higher thresholds, but none of these are related to digital trade.

Fiji is not a party to the Patent Cooperation Treaty (PCT).

Fiji has a copyright regime under the Copyright Act 1999. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 40-82 list the exceptions, which include use for criticism or review, news reporting, research or private study, educational purposes, and judicial proceedings. It is worth mentioning that the government refers to 'fair dealing' on its website; however, the text of the law does not explicitly mention this term.

It is reported that, despite the framework established under Fiji’s Copyright Act 1999, enforcement remains weak and constrained by limited capacity. The unauthorised uploading and downloading of Fijian musical works is reportedly widespread, and effective mechanisms to protect creators and their intellectual property are described as lacking in practice. Stakeholders further report that the Copyright Act 1999 does not incorporate provisions specifically addressing digital piracy.

Fiji has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Fiji has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Fiji lacks a comprehensive regime for the protection of trade secrets.

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.

State participation remains significant in Fiji’s domestic telecommunications market, where Amalgamated Telecom Holdings Ltd (ATH) holds a dominant position in both the fixed-line and mobile segments. As of September 2025, the Fiji National Provident Fund (FNPF) owns 72.71% of ATH, while the Government of Fiji holds 15.25%, with the remaining 12.05% held by individual and institutional shareholders. In the fixed-line market, Telecom Fiji Ltd (TFL), a wholly owned subsidiary of ATH, is the leading operator. FINTEL, also fully owned by ATH, is the main provider of international voice and data transmission services. In the mobile segment, Vodafone Fiji is jointly owned by ATH and FNPF, with a 51% and 49% shareholding, respectively. Additionally, the internet service provider Connect operates as a wholly owned subsidiary of TFL.

Fiji does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Fiji has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.