According to the Law No. 6/1.990 on Special Regime for Investments of Small and Medium Enterprises (SMEs), several fiscal, customs and administrative benefits are established for Equatoguinean SMEs, including preferential access to public bids in the branch of their activity (Art. 18). According to Art. 6, Equatoguinean SMEs are companies with the following characteristics: (i) they are owned by natural persons of Equatoguinean nationality; (ii) their share capital is represented by at least 51% by nationals and the management functions are effectively exercised by nationals; (iii) the annual turnover does not exceed 500,000,000 XAF (approx. USD 835,000). The special regime only applies in certain sectors, which are listed in Art. 8, which include manufacturing and graphics services.

Equatorial Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status, as it is not a member of the WTO.

In accordance with Art. 5.4 of Law No. 7/1992 on the Investment Regime in the Republic of Equatorial Guinea, the Ministry of Planning issues a certificate approving or rejecting foreign investment projects, after conducting background checks on the foreign investors involved in the investment projects. The background checks cover: (i) credit references; (ii) commercial background; and (iii) moral solvency of the investors.

The only article of Decree No. 45/2020 establishes the amount of XAF 100,000 (approx. USD 165) as the minimum share capital for the incorporation of limited liability companies in Equatorial Guinea. Previously, under Art. 311 of the Uniform Act on Commercial Companies and Economic Interest Groups of the OHADA (Organization for the Harmonization of Business Law in Africa), the minimum capital required to register a limited liability company was one million XAF (approx. USD 1,650).

According to the Bangui Agreement, ratified by 17 States, including Equatorial Guinea, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

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

The Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Equatorial Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions.

Equatorial Guinea has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Equatorial Guinea has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that the government requires internet service providers, whether local or foreign, to turn over source code.

Equatorial Guinea does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 States, including Equatorial Guinea in 2002.

Art. 31 of the Ministerial Order No. 3/2020 requires economic agents operating public networks to facilitate access to their network centres and allow facility sharing.

It is reported that there is a lack of clarity about the applicable regulation on public procurement, which makes the procedures opaque, although a draft law on public procurement and contracts is reportedly under discussion. It is unclear whether the colonial-era Public Procurement Law No. 923/1965 of 8 April (amended by Decree No. 4/1980) is still in force. This older framework is reported to be incomplete, it does not meet international standards and does not ensure transparency in the award of contracts. As a result, most contracts are awarded by direct award.

Equatorial Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II) as it is not a member of the WTO.