Guatemala has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that Guatemala does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Decree No. 57-2000 provides a framework for effective protection of trade secrets. Art. 173 of the Industrial Property Law lists unauthorized use of another's business secret, as well as any act of commercialization, 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 does the law consider unfair acts related to business secrets. The law also grants rights for the protection of these secrets by civil and criminal venues.

It is reported that there is no obligation for passive infrastructure sharing in Guatemala to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

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

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. In addition, it is reported that the rate of unlicensed software installation in the country was 78% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 165 million.

Guatemala has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Guatemala has a copyright regime under the law No. 33-98. 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; 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 authorization of the right holder, except for a copy made with the exclusive objective to replace the legitimately acquired copy, when it can no longer be used due to damage or loss.

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

According to the Art. 7 of the Decree No. 57-2000, when the applicants or owners of an industrial property right have their domicile or headquarters outside the country, they must have a representative domiciled in Guatemala, who must be an active collegiate attorney.

According to Art. 97 of the State Contracting Law, workers employed in public procurement must be preferably Guatemalans in the proportion prescribed in the Labor Code. Art. 13 of the Labor Code states that employers are prohibited from employing less than 90% of Guatemalan workers, with some exceptions.

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

There are complaints about the unlevel playing field that prevents foreign companies to participate in public tenders. Specifically, companies perceive Guatemala’s public procurement system as corrupted and designed to favor local companies with “ties” to federal ministry, municipal authority, or congressional players.

Art. 77 of the State Contracting Law states that foreign companies may participate in any modality of procurement 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 authorized 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.

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