Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorization, concession or permit, if necessary, shall be required, in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.

Venezuela does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2011. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services, in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.

The main fixed telephony operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government with 86.2% of the total shareholding, as well as the main mobile telephony operator, Movilnet, which is a subsidiary of Cantv.

The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government and it is reported that there is no foreign ownership. On the other hand, it is reported that full foreign ownership is allowed with respect to telecommunications sector.

There is an obligation for passive infrastructure sharing in Venezuela to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. Art. 125 of the Organic Law on Telecommunications establishes that any person that exclusively or predominantly owns or controls a general telecommunications route must allow access to or use of the same by telecommunications operators that request it, when its substitution is not feasible for physical, legal, economic, technical, environmental, security or operational reasons. The same article states that general telecommunications routes are understood to be the elements that allow the placement of the physical means necessary for the provision of telecommunications services, in accordance with the provisions of the respective regulations.

The main fixed telephony operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government with 86.2% of the total shareholding, as well as the main mobile telephony operator, Movilnet, which is a subsidiary of Cantv.

The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government and it is reported that there is no foreign ownership. On the other hand, it is reported that full foreign ownership is allowed with respect to telecommunications sector.

There is an obligation for passive infrastructure sharing in Venezuela to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. Art. 125 of the Organic Law on Telecommunications establishes that any person that exclusively or predominantly owns or controls a general telecommunications route must allow access to or use of the same by telecommunications operators that request it, when its substitution is not feasible for physical, legal, economic, technical, environmental, security or operational reasons. The same article states that general telecommunications routes are understood to be the elements that allow the placement of the physical means necessary for the provision of telecommunications services, in accordance with the provisions of the respective regulations.

Venezuela has no rules applicable to the protection of trade secrets.

Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.

Venezuela has no rules applicable to the protection of trade secrets.

Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.

Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.

Copyright is not adequately enforced online in Venezuela. Complaints are reported for online piracy as well as unauthorized camcording and widespread use of unlicensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 89% in 2017 (the second highest rate in the world and above the 52% rate of the Latin American countries), for an estimated commercial value of USD 317 million.

Venezuela has a copyright regime under the Law No. 4,638 . However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include a work by non-profit libraries or archives, when the copy is in their permanent collection, to preserve such copy and replace it in case of need; a work for teaching or examination purposes in educational institutions, provided there is no profit motive; among others.