PANAMA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Panama has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PANAMA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Panama has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
PANAMA
Since October 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 64 - on Copyright and Related Rights (Ley No. 64 - sobre Derecho de Autor y Derechos Conexos)
Panama has a clear regime of copyright exceptions that follows the fair use, which enable the lawful use of copyrighted work by others without obtaining permission. Law No. 64 provides the basic concepts as well as the limitations and exceptions to copyright, expressed in Arts. 26 to 73, which also include a reference to fair dealing.
Coverage Horizontal
PANAMA
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 Panama was 71% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 112 million. Yet, in 2012, Panama updated its legislative framework to improve standards for protecting and enforcing IP protections with Law No. 64 on copyright. This included enhanced protections for patents, trademarks, digital copyrighted products such as software, music, text, and videos, and other measures to deter piracy and counterfeiting.
Coverage Horizontal
PANAMA
Since May 1996, last amended in October 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 35 - Dispositions on Industrial Property (Ley No. 35 - Disposiciones sobre la propiedad industrial)
According to the Art. 29 of the Law No. 35, a patent applicant shall file the application through a lawyer office in Panama.
Coverage Horizontal
PANAMA
Since October 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Panama is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PANAMA
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency and accountability
It is reported that there is a need to increase transparency and accountability in the judicial process and government procurement and that there is a historical inability of the Panamanian government to pay suppliers and contractors that is a liability that foreign companies endure when doing business with the government. On the other hand, allegations of corruption surrounded purchases made during Panama’s State of Emergency due to the COVID-19 pandemic, when procurement procedures were abbreviated to permit rapid responses.
Coverage Horizontal
PANAMA
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)
Panama 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 1997.
Coverage Horizontal
PANAMA
Since June 2006, as amended in May 2020
Since September 2020
Since September 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 22, which regulates public procurement (Ley No. 22, que regula la contratación pública)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Art. 12 of Law No. 22 states that in those minor procurements in which several bidders participate, the local company must have priority in the award, provided that it complies with all the requirements and demands of the bidding documents and the proposed price is not greater than 5% in relation to the lowest price proposal submitted by a non-local company, in which case the one with the best price must be chosen. Art. 6 of Executive Decree No. 439 further elaborates on the provision mentioned above.
Coverage Horizontal
PANAMA
Since June 2006, last amended in May 2020
Since September 2020
Since September 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 22, which regulates public procurement (Ley No. 22, que regula la contratación pública)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Art. 10 of Law No. 22 provides that the State must promote the competitive participation of micro, small and medium-sized enterprises in certain acts of contractor selection carried out by public institutions. Art. 88 of Executive Decree No. 439 further elaborates on the provision mentioned above, stating that in the case of minor procurement acts, the entity must select the proposal submitted by the micro or small enterprises, provided that it complies with the requirements and demands of the tender documents and the proposed price is not greater than 5 % in relation to the lowest price proposal submitted by another type of enterprise.
Coverage Horizontal
PANAMA
Since June 2006, as amended in May 2020
Since September 2020
Since September 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Law No. 22, which regulates public procurement (Ley No. 22, que regula la contratación pública)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Art. 13 of Law No. 22 states that in the acts of selection of contractors for the acquisition of goods and services, the bidding entities may carry out public acts, for which they must consider, in the first instance, the viability, availability and quality of the goods and services produced within the territory of Panama. Arts. 5 and 7 of Executive Decree No. 439 further elaborate on the provisions mentioned above.
Coverage Horizontal
PANAMA
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)
Panama 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
PANAMA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.30%
Coverage rate of zero-tariffs on ICT goods (%)
48.12%
Coverage: Digital goods
VENEZUELA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Venezuela has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
VENEZUELA
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Venezuela 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