Database

Browse Database

URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
According to national legislation (Law 17.296), the Regulatory Unit of Communications Services (URSEC) has been constituted as a decentralized state legal entity (decentralized public service). However, it is reported that Uruguay's regulatory entity has autonomy only for some decisions.
Coverage Telecommunications

URUGUAY

Since March 2003

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Telecommunications Licensing Regulations (Reglamento de Licencias de Telecomunicaciones)
Art. 16 of the Telecommunications Licensing Regulations requires licensees whose corporate purpose includes activities other than the provision of telecommunications services to keep separate accounts for the latter. Therefore, it is not required for operators with market power but only for activities other than telecommunications.
Coverage Telecommunications sector

URUGUAY

Since July 1974
Since Januray 2015

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree-Law No. 14235: Law Creating ANATEL (Decreto Ley No. 14235: Ley de Creación de ANATEL)

Media Law
Art. 6 of Law 14,235 establishes that the National Telecommunications Administration of Uruguay (ANTEL) has a monopoly on telecommunications services. As this law predates the Internet, it has generated uncertainty about the scope of ANTEL's monopoly. In practice, other companies have been operating in the market, although the operator never granted licenses to provide data transmission services until June 2022. The situation changed as a result of a court ruling in 2016. Following an appeal by a group of companies, the Uruguayan Court of Justice declared Art. 56 of the 2015 Media Law invalid, thus allowing holders of audiovisual communication services to apply for licenses to provide broadband and Internet access services.
Coverage Telecommunications sector

URUGUAY

Since July 1974

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Decree-Law No. 14235: Law Creating ANATEL (Decreto Ley No. 14235: Ley de Creación de ANATEL)
Pursuant to Art. 1 of Law 14,235, the National Telecommunications Administration of Uruguay (ANTEL) is a decentralized public service and the company is fully state-owned.
Coverage Telecommunications sector

URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Uruguay does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

URUGUAY

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Uruguay has no rules applicable to the protection of trade secrets. It is reported that the Uruguayan legal system does not have a single reference to business or trade secrets, nor does the legal system have a law on unfair competition in which to include its regulation.
Coverage Horizontal

URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive sharing of infrastructure in the telecom market is not mandated, but it is practiced in the mobile sector based on commercial agreements. However, in the fixed sector is not mandated nor practiced.
Coverage Telecommunications sector

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 Adoption of the World Intellectual Property Organization (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) with coverage of the most relevant services sectors (CPC752, 754, 84)
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

Report issue     Report new measure