GUYANA
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Guyana-type approval is a mandatory certification process for electronic and telecommunications equipment, including smartphones, tablets, laptops, routers, modems, microwave ovens, digital cameras, among others. The process ensures they meet the country’s technical and safety standards. It is reported that Guyana has implemented a Conformity Assessment Scheme that facilitates the entry of equipment into the local market. The approval requirements in Guyana include technical specifications, safety standards, and electromagnetic compatibility (EMC) requirements, and foreign companies can self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC). The Telecommunications Agency of Guyana is the authority in charge of approving telecommunications equipment.
Coverage Electronic products
Sources
- https://web.archive.org/web/20220120041618/https://www.itu.int/en/ITU-D/Technology/Documents/ConformanceInteroperability/CaribbeanAssessmentStudy.pdf
- https://web.archive.org/web/20230312102730/https://www.7layers.com/en/national-approvals/
- https://web.archive.org/web/20230118171634/https://www.icertifi.com/guyana-type-approvals/
- https://web.archive.org/web/20230328145046/https://ib-lenhardt.com/type-approval/guyana
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GUYANA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guyana has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GUYANA
Reported in 2022, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Reported mechanism for investment screening
It has been reported that the Government of Guyana administers an investment screening mechanism through the Guyana Office for Investment (GOINVEST). Under this framework, GOINVEST prepares investment agreements, which are subsequently reviewed by the Guyana Revenue Authority (GRA). Final approval of the investment agreement is granted by the Minister of Finance, contingent upon the GRA's approval. In some cases, investments in specific industries may require additional approval from the relevant ministries.
Coverage Horizontal
GUYANA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of proper enforcement of IPRs
It is reported that even with a completed registration, no effective enforcement mechanisms exist to protect intellectual property rights.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Guyana is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GUYANA
Since November 1956, as amended in January 1966
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
The Copyright Act, 1956
Guyana has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 6-10 of the Copyright Act (amended by the Copyright (British Guiana) Order, 1966) establishes the exceptions, which include purposes of research, private study, criticism or review, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230516154419/https://infojustice.org/wp-content/uploads/2023/04/Band-and-Gerafi-April-2023.pdf
- https://web.archive.org/web/20221229120140/https://www.legislation.gov.uk/ukpga/1956/74/pdfs/ukpga_19560074_en.pdf
- https://web.archive.org/web/20190911073524/https://guyanachronicle.com/2016/07/22/copyright-laws/
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GUYANA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana has laws governing intellectual property rights and patents. However, a lack of enforcement offers limits safeguards in practice and allows for the relatively uninhibited distribution and sale of illegally obtained content.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Guyana lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011.
Coverage Horizontal
Sources
- https://mola.gov.gy/sites/default/files/Cap%2090%2007%20-%20Competition%20and%20Fair%20Trading_0.pdf
- https://web.archive.org/web/20220808202817/https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_GY_2.pdf
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
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GUYANA
Since December 2016
Since October 2020
Since October 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Telecommunications Act of 2016
Telecommunications (Interconnection and Access) Regulations 2020
Telecommunications (Interconnection and Access) Regulations 2020
There is an obligation for passive infrastructure sharing in Guyana to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised both in the mobile and fixed sectors based on commercial agreements. Pursuant to Section 42 of the Telecommunications Act of 2016, when, in connection with the installation, operation or maintenance of its telecommunications networks, an operator requests access to any road, conduit, pole, cable, work or other facility of a public utility, or a public utility requests access to any facility of an operator, such request shall be governed by the provisions of this section and the regulations.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider, and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for their joint use and allocation as provided in Art. 42 of the Law.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider, and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for their joint use and allocation as provided in Art. 42 of the Law.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231203072353/https://telecoms.gov.gy/images/acts/Telecommunications_Act_No_18_of_2016.pdf
- https://web.archive.org/web/20231214011617/https://officialgazette.gov.gy/images/gazette2020/oct/Extra_23OCTOBER2020Reg7of2020.pdf
- https://datahub.itu.int/data/?i=100014&e=
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GUYANA
Since June 1990
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Since June 1990, the telecom operator Guyana Telephone & Telegraph Co. (GTT) has been 80% owned by Atlantic Tele-Network (ATN) and 20% owned by the Government of Guyana (GOG).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240720184250/https://newsroom.gy/2020/10/06/telecoms-sector-finally-liberalised-ending-gtts-31-years-of-monopoly/
- https://web.archive.org/web/20230315071603/http://gnba.gov.gy/wp-content/uploads/2020/08/Legitimate-RadioTelevision-and-Cable-Broadcasters.pdf
- https://web.archive.org/web/20220124102028/https://developingtelecoms.com/telecom-business/market-reports-with-buddecom/12231-guyana-finally-liberalises-its-telecom-sector-after-a-five-year-delay.html
- https://web.archive.org/web/20240414121259/https://developingtelecoms.com/telecom-business/operator-news/12937-guyana-licences-its-third-mobile-operator.html
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GUYANA
Since December 2016
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Telecommunications Act 2016
According to Art. 38.7 of the Telecommunications Act, the Public Utilities Commission may, where it deems appropriate, require that an operator or a service provider puts into effect accounting separation between different portions of its telecommunications networks, facilities, and telecommunications services. However, it is reported that functional separation of SMP/dominant network operator(s) is not required by law.
Coverage Telecommunications sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector