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

Haiti lacks a comprehensive regime for the protection of trade secrets.

It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users and that passive sharing is practised in both the mobile and fixed sectors based on commercial agreements. The obligation has not been found in the law, although Art. 12 of the Decree-Law of 12 October 1977 states that, in order to obtain maximum efficiency and output for the provision of services, agreements can be concluded for the distribution of networks, equipment and buildings between public services of the same or different nature, subject to of the approval of the State Secretariat of Public Works, and Transport and Communications.

It is reported that Natcom S.A. has been the largest telecom provider in Haiti since 2010, with a 30% market share. Natcom is a joint venture between the Haitian government and the Vietnamese company Viettel. The latter owns 60% of the enterprise, while the Haitian government accounts for the other 40%.

Haiti does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Haiti has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Conseil National des Télécommunications, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Haiti has not joined any free trade agreement committing to open transfers of cross-border data flows.

Haiti does not have a comprehensive regime of data protection in place.

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

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.