GUATEMALA
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite a generally strong legal framework in place, it is reported that resource constraints, inconsistent enforcement actions against counterfeiting, as well as a lack of coordination among law enforcement agencies have resulted in insufficient intellectual property (IP) enforcement, lack of transparency, and high level of piracy in the government that uses unlicensed software. Moreover, it is reported that signal piracy continues to be an issue, and online piracy through Internet Protocol Television (IPTV) services is also a concern.
Coverage Software
GUATEMALA
Since February 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Guatemala has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUATEMALA
Since January 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Guatemala has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
GUATEMALA
Since September 2000, entry into force in November 2000, last amended in June 2013
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Decree No. 57-2000 – Law of Industrial Property (Decreto No. 57-2000 - Ley de Propiedad Industrial)
Decree No. 57-2000 provides a framework for effective protection of trade secrets. Art. 173 of the Industrial Property Law lists unauthorised use of another's business secret, as well as any act of commercialisation, promotion, disclosure or improper acquisition of such secrets as an unfair competition practice. In addition, Art. 174 defines trade secrets, and Art. 175 lists what the law considers unfair acts related to business secrets. The law also grants civil and criminal venues rights to protect these secrets.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220428183124/https://www.dentons.com/en/insights/alerts/2022/march/22/regulation-of-trade-secrets-in-central-america
- https://web.archive.org/web/20230329011322/https://mcd.gob.gt/wp-content/uploads/2013/07/ley_derechos_de_autor_conexos_01.pdf
- https://web.archive.org/web/20231213024006/https://www.trade.gov/country-commercial-guides/guatemala-protecting-intellectual-property
- https://web.archive.org/web/20231209183453/https://asisehace.gt/media/ley%20propiedad%20industrial.pdf
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GUATEMALA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of mandatory functional separation for dominant network operators
It is reported that there is no obligation for passive infrastructure sharing in Guatemala to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
GUATEMALA
Since November 1992, last amended in October 2016
Since April 1961, last amended in April 2017
Since April 1961, last amended in April 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 57-92 - State Contracting Law (Decreto No. 57-92 - Ley de Contrataciones del Estado)
Labour Code (Código del Trabajo)
Labour Code (Código del Trabajo)
According to Art. 97 of the State Contracting Law, workers employed in public procurement must be preferably Guatemalans in the proportion prescribed in the labour Code. Art. 13 of the Labour Code states that employers are prohibited from employing less than 90% of Guatemalan workers, with some exceptions.
GUATEMALA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guatemala is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GUATEMALA
Since February 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Foreign Investment Law (Ley de Inversión Extranjera)
According to Art. 3 of the Foreign Investment Law, foreign investors are granted the same treatment as that granted to domestic investors in the development of their economic activities and, therefore, enjoy equal conditions with domestic investors. It is reported that there are some restrictions on broadcasting, but no regulation has been found.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230330210127/https://www.oas.org/dil/esp/Constitucion_Guatemala.pdf
- https://web.archive.org/web/20230616122058/https://central-law.com/wp-content/uploads/2022/02/GUIDE-TO-GLOBAL-INVESTMENTS-2022-Central-America-Panama-and-Dom-Republic.pdf
- https://web.archive.org/web/20230326091133/https://www.state.gov/reports/2021-investment-climate-statements/guatemala/
- https://web.archive.org/web/20241211195619/https://uk.practicallaw.thomsonreuters.com/9-554-4025?transitionType=Default&contextData=(sc.Default)&firstPage=true
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GUATEMALA
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)
2.81%
Coverage rate of zero-tariffs on ICT goods (%)
66.50%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
GUATEMALA
Since December 2002
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Guatemala is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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GUATEMALA
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that foreign companies face an uneven playing field that hinders their participation in public tenders. Guatemala’s public procurement system is perceived as corrupt, with local companies allegedly favoured due to their connections with federal ministries, municipal authorities, or influential members of Congress.
Coverage Horizontal
GUATEMALA
Since November 1992, as amended in December 2015, last amended in October 2016
Since November 2018
Since November 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 57-92 - State Contracting Law (Decreto No. 57-92 - Ley de Contrataciones del Estado)
Ministerial Agreement No. 563-2018 (Acuerdo Ministerial No. 563-2018)
Ministerial Agreement No. 563-2018 (Acuerdo Ministerial No. 563-2018)
According to Art. 77 of the State Contracting Law, foreign companies may participate in procurements only with their provisional registration in the Mercantile Registry. In order to obtain provisional registration, according to Art. 12 of the Ministerial Agreement No. 563-2018, foreign companies must appoint a representative. If the foreign company is awarded a public contract, it must demonstrate that it is properly registered to operate in the country through an authorised branch. It is reported that, although it is technically possible to provisionally register a company during the bidding process, in practice it is hard to complete the process before the deadline for submitting a bid.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221006125125/http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic5_gtm_anexo22.pdf
- https://web.archive.org/web/20220717080336/https://www.minfin.gob.gt/images/downloads/leyes_acuerdos/acuerdomin563_161118.pdf
- https://web.archive.org/web/20221006150841/https://www.minfin.gob.gt/images/downloads/leyes_acuerdos/decreto9_081215.pdf
- https://web.archive.org/web/20231213023844/https://www.trade.gov/country-commercial-guides/guatemala-selling-public-sector
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GREECE
Since August 2011, last amended in 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Law 4002/2011 on Amendment of the State Pension Legislation - Arrangements for Growth and Fiscal Consolidation - Issues of Responsibility of the Ministries of Finance, Culture and Tourism, and Labour and Social Security (Νόμος 4002/2011 Τροποποίηση της συνταξιοδοτικής νομοθεσίας του Δημοσίου - Ρυθμίσεις για την ανάπτυξη και τη δημοσιονομική εξυγίανση - Θέματα αρμοδιότητας Υπουργείων Οικονομικών, Πολιτισμού και Τουρισμού και Εργασίας και Κοινωνικής Ασφάλισης)
Art. 46 of Law 4002/2011 requires that gambling sites operating in Greece have a ".gr" domain name.
Coverage Gambling sector
GREECE
Since June 2014
Since November 1994
Since November 1994
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law No. 2251/1994 on the Protection of Consumers (Νομος υπ' αριθ 2251/1994 Προστασία των καταναλωτών)
Law No. 2251/1994 on the Protection of Consumers (Νομος υπ' αριθ 2251/1994 Προστασία των καταναλωτών)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law 2251/1994 on the Protection of Consumers. The law contains provisions about terms of contract, distance selling, liability, and unfair trade practices, among other things.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20220120192423/https://www.eccgreece.gr/wp-content/uploads/2015/07/N2251-1994-enc2007-en1.pdf
- https://web.archive.org/web/20241213132026/https://wipolex-res.wipo.int/edocs/lexdocs/laws/el/gr/gr223el.pdf
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GREECE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Greece has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal