HONDURAS
Since Since May 2019, last amended in 2021
Since January 2000
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Decree No. 130-2017, Criminal Code (Código Penal)
Decree No.12-99, Industrial Property Law (Ley de Propiedad Industrial)
Decree No.12-99, Industrial Property Law (Ley de Propiedad Industrial)
Decree No. 130-2017 and Decree No.12-99 provide a framework for effective protection of trade secrets. According to the Art. 395 of the Decree No. 130-2017, prison and penalty fee should be sentenced with to who obtains commercial secrets illegally. In addition, according to the Art. 75, 163 and 165 of Decree No. 12-99, the legitimate holder of an industrial secret has the right to take action to prevent secrets from infringement.
Coverage Horizontal
HONDURAS
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
HONDURAS
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
HONDURAS
Reported in 2018 and 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of effective protection of copyright online
Copyright is not adequately enforced online in Honduras. It is reported that, while the legislative framework for the protection of intellectual property rights, which includes the Honduran copyright law and its industrial property law, is generally adequate, the laws are often not effectively implemented. In particular, there are concerns with respect to online and software piracy. In addition, it is reported that the rate of unlicensed software installation in the country was 75% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 32 million.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2017-investment-climate-statements/honduras/
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
HONDURAS
Since June 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Honduras is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
HONDURAS
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Related Rights Law (Ley del Derecho de Autor y de los Derechos Conexos)
Honduras has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 46-57 of the Copyright and Related Rights Law list the exceptions for a lawful use of the copyrighted work by others without obtaining permission.
Coverage Horizontal
HONDURAS
Since March 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Agreement No. 345-92, Regulation of Investment Law (Reglamento de Ley de Inversiones)
According to the Art. 50 of the Regulation of Investment Law, prior authorization from the Government is required to be able to invest in activities that can affect national security, including in the telecommunications sector.
According to the Art. 35 of the Regulation of Investment Law, any investor shall registrate in the in the Offices of Economy and Commerce.
According to the Art. 35 of the Regulation of Investment Law, any investor shall registrate in the in the Offices of Economy and Commerce.
Coverage Telecommunications sector
HONDURAS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Honduras is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
HONDURAS
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints about bidding procedures
It has been reported that winning contracts with the Honduran government can be challenging, even for large companies. Some foreign firms have complained of mismanagement, bureaucratic delays, inadequate notification procedures, excessive direct contracting on the part of the government, and lack of transparency in the bidding process.
Coverage Horizontal
HONDURAS
Since May 2002
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Executive Agreement No. 055-2002, Regulation of the State Contracting Law (Reglamento de Ley de Contratación del Estado)
According to the Arts. 126, 128 and 129 of the Regulation of the State Contracting Law, when comparing offers by foreign bidders and national bidders in the case of supplies of goods or services, the value of import taxes is added to the CIF price offered by foreign suppliers, or, if they are exempt from import taxes, 15% of the value of the offer is added to the price.
Coverage Horizontal
HONDURAS
Since June 2001, amended in November 2013, revised in 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 74-2001, State Procurement Law (Ley de Contratación del Estado)
According to the Art. 150 of the Decree No. 74-2001, for purposes of achieving technology transfer, the officials involved in bids must ensure that foreign companies or persons grant greater participation and responsibility to national professionals. Moreover, according to the Art. 149 of the Decree, foreign companies should allow national companies to participate in the execution of what they plan to carry out in the country for reasons of public interest, as prescribed in the contract specifications.
Coverage Horizontal
HONDURAS
Since June 2001, amended in November 2013, revised in 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 74-2001, State Procurement Law (Ley de Contratación del Estado)
According to the Art. 151 Decree No. 74-2001, consulting contracts signed by foreign companies must be executed in Honduras, and national personnel must be allowed to participate as provided in the terms of reference.
Coverage Horizontal
HONDURAS
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)
Honduras 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
HONDURAS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.35%
Coverage rate of zero-tariffs on ICT goods (%)
73.53%
Coverage: Digital goods
HAITI
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Haiti 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