It is reported that the investment in “sensitive” sectors, including the telecom sector, requires a Haitian government concession as well as authorisation from the appropriate governmental agency.

It is reported that it usually takes about four years for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for patent registration.

Some complaints are reported regarding the fact that the laws on intellectual property rights in Haiti are outdated because these laws rely on a century-old industrial law (Law of 14 December 1922) rather than any specific law governing industrial property. Moreover, it is reported that Haiti has weak enforcement mechanisms, ineffective courts, and limited knowledge of commercial law by judges, which compromise the effectiveness of legal protections.

Haiti is not a signatory of the Patent Cooperation Treaty (PCT).

Haiti has a copyright regime under the Decree on Copyright. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 46 lists the exceptions, which include: (i) reporting of current events, provided that only short-term fragments of a performance, phonogram, or broadcast are used; (ii) reproduction solely for scientific research purposes; (iii) reproduction in the context of teaching activities, except where the performance or phonograms have been published as material intended for teaching; among others.

It is reported that Haiti lacks the capacity to prevent piracy and counterfeit distribution. As a result, theft and infringement of intellectual property rights is reported to be common practice.

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

Haiti is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

According to Art. 58 of the Public Procurement Law of Haiti, when awarding a public contract, preference may be given to the offer presented by small and medium-sized Haitian businesses or nationals of member countries of the same economic community of States. This preference must be quantified as a percentage of the offer amount that cannot exceed 15%. The preference cannot be invoked if it has not been provided for in the tender documents.

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

According to Art. 11 of the Investment Code, on the principle of non-discrimination, Haitian investors and foreign investors enjoy the same rights and privileges.

The Communications and Electronic Communications and Transactions Act 12 of 2023 and the Consumer Affairs Act 2011 (CAA) provide a comprehensive framework for consumer protection that also applies to online transactions. The Communications and Electronic Transactions Act 2023 establishes Guyana's regulatory framework for secure electronic transactions, including the payment, transfer and receipt of money, with the objective of encouraging the development of the necessary legal and business infrastructure for secure electronic commerce. Within this framework, Sec. 44, entitled Consumer Protection, requires e-commerce providers to (i) provide sufficient information for legal processes, (ii) provide consumers with adequate information to make informed decisions and maintain complete records, (iii) provide data necessary for record-keeping such as receipts, and (iv) authorises the Minister to promulgate regulations relating to the sale of e-commerce goods or services through electronic transactions. Similarly, the Consumer Affairs Act 2011 (CAA) serves as a legislative tool intended to protect the interests of consumers in their dealings with producers and suppliers.

Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications.

Guyana has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.