LITHUANIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Lithuania and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Lithuania acceded to the Treaty on 18 June 2001, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
LITHUANIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Lithuania and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Lithuania acceded to the Treaty on 26 January 2001, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
LITHUANIA
Since June 2016
Since May 2018
Since May 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania (Lietuvos Respublikos komercinių paslapčių teisinės apsaugos įstatymas Nr. XIII-1125)
Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania (Lietuvos Respublikos komercinių paslapčių teisinės apsaugos įstatymas Nr. XIII-1125)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Lithuania transposed the Directive through a series of amendments to existing legislation in 2018, as well as with Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania.
Coverage Horizontal
LITHUANIA
Since May 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Lithuania, and it is practised in the mobile sector based on commercial agreements. In addition, Art. 3.2 Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
LITHUANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that AB Lietuvos radijo ir televizijos centras (Broadcasting of radio and television programs) is a wholly state-owned company.
Coverage Telecommunications sector
LITHUANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Lithuania does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.
Coverage Telecommunications sector
LITHUANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Communications Regulatory Authority of the Republic of Lithuania (CRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
LITHUANIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.88%
Coverage rate of zero-tariffs on ICT goods (%)
74.86%
Coverage: Digital goods
LITHUANIA
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Exclusion from public procurement
On 22 March 2022, the Lithuanian government approved a list of "hostile countries," which now face exclusion from public procurement opportunities in Lithuania. This list includes Russia, Belarus, Crimea, Transnistria, Abkhazia, and South Ossetia. As a result, companies from these countries will no longer be able to participate in public procurement processes, and existing contracts with suppliers from these regions will be terminated. The establishment of this list follows amendments to Lithuania's procurement laws, which allow national authorities to reject tenders from suppliers connected to countries deemed hostile to Lithuania, particularly in cases of mobilisation, war, or a state of emergency.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220403190331/https://www.lrt.lt/en/news-in-english/19/1658381/lithuania-puts-russia-belarus-on-its-list-of-hostile-countries
- https://web.archive.org/web/20241212192300/https://www.globaltradealert.org/intervention/102580/public-procurement-access/lithuania-ban-of-hostile-countries-from-public-procurement-contracts
LITHUANIA
Since March 2004, last amended in February 2014
Since August 1996, last amended in June 2018
Since August 1996, last amended in June 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law No I-1491 on Public Procurement (Lietuvos Respublikos viešųjų pirkimų įstatymas No. I-1491)
Law No I-1491 on Public Procurement (Lietuvos Respublikos viešųjų pirkimų įstatymas No. I-1491)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used. In Lithuania, the Directive has been transposed through Appendix 2 and the Annex to Law No. I-1491 on Public Procurement and the insertion of Art. 18-1 in the Law.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20241107212702/https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=191fum84tj&documentId=2f150840f7e011e4ab99c3ab3bbb5843&category=TAP
- https://web.archive.org/web/20231204003204/https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/badfca72b36811e982dae1db4290b1a9
- https://web.archive.org/web/20231102191732/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32014L0025
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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LITHUANIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Lithuania, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Moreover, foreign companies have expressed concern that large projects are often split into multiple smaller tenders, which favours local companies and reduces economies of scale for foreign bidders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
LITHUANIA
Since July 1999, amended in November 2004
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. VIII-1312 on Investment (VIII-1312 Lietuvos Respublikos investicijų įstatymas)
According to the Law on Investment, which establishes the terms and conditions of investment in the Republic of Lithuania, the rights of investors and investment protection measures for all types of investment (Art. 1), there are no prohibited sectors for investment and no limits of control by foreigners. In addition, foreign investors are reported to have the right to repatriate profits, income or dividends, in cash or otherwise, or to reinvest them without limitation upon payment of taxes. The law does not establish limits on foreign ownership or control. Foreign investors have free access to all sectors of the economy, with some limited exceptions in sectors related to the security and defence of the State.
Coverage Horizontal
LITHUANIA
Since October 2002, last amended in August 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law on Protection of Objects Important to Ensuring National Security of the Republic of Lithuania, No. IX-1132 (Lietuvos Respublikos nacionaliniam saugumui užtikrinti svarbių objektų apsaugos įstatymas Nr. IX1132)
Lithuania applies screening for foreign investments in certain economic sectors important to national security under Arts. 2.4 and 6 of the Law on Protection of Objects Important to Ensuring National Security of the Republic of Lithuania, No. IX-1132. Economic sectors deemed important to national security include information technologies, telecommunications, and other high-tech technologies. While screening in these sectors is not mandatory, the procedure may be started at any stage (including ex-post investment) at the initiative of the entities responsible for the protection of national security, such as the Government, Minister, Bank of Lithuania and other institutions laid down in the Law. When an investor acquires ownership of more than one-quarter of the entity of the strategic sector, this acquisition must be notified to the Commission on Coordination of Security for Objects of Importance for National Security. However, as of 2022, no cases of investment blocking in sectors relevant for digital trade are known to have occurred in Lithuania.
Coverage Information technologies, telecommunications, and other high-tech technologies
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20230923203446/https://investmentpolicy.unctad.org/investment-laws/laws/246/lithuania-law-on-the-protection-of-objects-of-importance-to-ensuring-national-security-
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20210328201849/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://web.archive.org/web/20220122171925/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
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LITHUANIA
Since July 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Lithuania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal