Guatemala has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The Law of Industrial Property provides a framework for effective protection of trade secrets. Under Art. 173 of the law, the unauthorised use of another party’s business secret, as well as any act of commercialisation, promotion, disclosure, or improper acquisition of such information, constitutes an act of unfair competition. Art. 174 defines trade secrets, while Art. 175 enumerates the acts deemed unfair in relation to business secrets. Furthermore, the Law provides both civil and criminal remedies for the protection of trade secrets (Art. 275).

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.

According to Art. 77 of the State Contracting Law, foreign companies may participate in any procurement modality established under the Law, provided they obtain provisional registration in the corresponding registry, which requires that they are based in the country. It is reported that companies established only abroad may also participate, but only by submitting their expression of interest (economic offer) in physical form and if their country of origin has a trade agreement with Guatemala that grants access to the government procurement market. In both cases, they are given the same treatment as domestic suppliers.
Pursuant to Art. 17, when the value of goods, supplies, or works exceeds the thresholds set in Art. 38—GTQ 900,000 (approx. USD 117,000)—the purchase or contract must be executed through a public tender. Furthermore, Art. 38 establishes that any government acquisition of goods, supplies, or services exceeding GTQ 90,000 (approx. USD 11,700) is subject to price quotation procedures, which require public competition through the Guatecompras electronic procurement platform.

It is reported that foreign companies encounter an uneven playing field that hinders their participation in public tenders. Stakeholders note that Guatemala’s public procurement processes are affected by irregular practices that appear to favour local firms with connections to federal ministries, municipal authorities, or influential members of Congress. Investors also report pervasive corruption in public procurement, including requests for bribes or informal payments in exchange for the awarding of public contracts.

According to Art. 77 of the State Contracting Law, foreign companies may participate in procurements only with their provisional registration in the Mercantile Registry. To obtain provisional registration under Art. 12 of the Ministerial Agreement No. 563-2018, foreign companies must appoint a legal representative. As established under Art. 12 (b), 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 bid submission deadline.

According to Art. 97 of the State Contracting Law, with regard to contracts and concessions for public services, workers employed under public procurement must preferably be Guatemalan, in the proportion established by the Labour Code. Art. 13 of the Labour Code stipulates that employers are prohibited from hiring less than 90% Guatemalan workers, except in specific cases provided by law.

Guatemala is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), however, it holds observer status since June 2025.

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.

According to Art. 7 of the Law of Industrial Property, when applicants or holders of an industrial property right have their domicile or headquarters outside the country, they must appoint a representative domiciled in Guatemala, who must be an active, registered attorney. As established in Art. 203 of the Law, patent applications must be submitted to the Intellectual Property Registry of Guatemala and must include the general information of the applicant or their legal representative, with proof of legal authorisation for representation.

Guatemala is a party to the Patent Cooperation Treaty (PCT).

Guatemala has a copyright regime under the Copyright and Related Rights Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 63-71 list the exceptions, which include the reproduction by reprographic means of articles or short extracts of lawfully published works for teaching or examinations in educational institutions and the reproduction of a work for judicial or administrative proceedings, among others. The reproduction of a computer program, even for personal use, shall require the authorisation of the right holder, except for a copy made with the exclusive objective of replacing the legitimately acquired copy when it can no longer be used due to damage or loss.

Guatemala is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).