According to Art. 5 of the Investment Code of the Republic of Guinea, natural or legal persons of private law, regardless of their nationality, may not undertake some activities on Guinean territory without authorisation. The sectors include postal and telecommunications services. Furthermore, according to Art. 25 of the law, for work not requiring a specific qualification, the investor should exclusively recruit a local workforce.

Art. 18 of Law L/2022/0010/CNT provides that before commencing their activities, operators shall draw up an overall local content plan, including, among other information and documents, the percentage of turnover that will be devoted to community, social and educational projects for the populations in the basin concerned by the project. This plan is subject to approval by the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) under conditions determined by decree. Yet, the implementing decrees are not yet available. Therefore, Art. 18 is not yet applicable.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of the performance of operators. However, this article cannot be applicable without the implementing decrees.

According to the Bangui Agreement, ratified by 17 French-speaking States, including Guinea, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

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

Guinea has a copyright regime under the Law L/2019/0028/AN. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-28 list the exceptions, which include the analysis and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work; the use within the authorisation of the author and without payment of separate remuneration, private use and reproduction, the use for a blind person, a person with a visual impairment of any kind or any person who, because of a disability, has reading difficulties; ephemeral recording by a broadcasting organisation's own means and for its own broadcasts of a work that it has the right to broadcast; reproduction, broadcasting or communication of a work permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and it is used for commercial purposes.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.

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

Guinea has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Guinea does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 French-speaking States, including Guinea in 2002.

There is an obligation for passive infrastructure sharing in Guinea to deliver telecom services to end users. According to Art. 82 of Law No. 2015/018/AN, the Regulatory Authority for Posts and Telecommunications (ARPT) ensures the introduction of infrastructure-sharing offers in the interconnection catalogue of the dominant operators in the relevant market. These offers concern all passive infrastructures such as poles or ducts, dark fibre, and potentially active infrastructures.
Moreover, according to Decree D/2021/091/PRG/SGG, the request for infrastructure sharing cannot be refused if it does not cause any disruption or technical difficulty in terms of the proper functioning of the network and the proper operation of the service (Art. 4.4). In addition, infrastructure operators must meet requests for sharing from holders of public or private licences to operate telecommunications networks and from providers of telecommunications services under objective, transparent and non-discriminatory conditions. They must publish a catalogue of infrastructure sharing for each year (Art. 5).

According to Art. 29 of Decree D/2021/091/PRG/SGG, telecommunication network operators in Guinea must maintain separate accounting for their interconnection activities. Furthermore, it is reported that Guinea mandates functional separation for operators with significant market power (SMP) in the telecom market.

Art. 22 of Law L/2022/0010/CNT provides that without prejudice to provisions more favourable to the access of local businesses to public contracts, preference is given to a tender that complies with the tender or consultation documents submitted by a local business if that tender is for a higher amount than the lowest evaluated compliant offer from a tenderer who is not a local company and falls within a margin of preference. Such a percentage is at least 10% for works and 15% for supplies and services. The national preference is quantified in the tender or consultation documents as a percentage of the amount of the tender.
Contracts for temporary groupings of foreign operators concluded with Guinean natural or legal persons also benefit from this national preference, provided that 40% of the services are entrusted to a small or medium-sized local company, either as a co-contractor or sub-contractor or that a minimum number of key national experts is proposed.
The implementing decrees are not yet available.

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

Pursuant to Art. 78 of Decree No. D/333/PRG/SGG, during public procurement procedures, preference is accorded to bids submitted by domestic companies, provided they meet the requirements set forth in the tender or consultation documents. This preferential treatment applies even if the domestic bid exceeds the amount of the closest evaluated bid from a non-national company as long as the difference falls within the margin of preference outlined in Art. 79. This article specifies that the percentage of national preference should not exceed 7% for works and 15% for supplies and services.
The national preference regime can, however, only be granted under the following conditions:
- For consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community), and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- The majority of the capital of the legal entity must be held by nationals;
- The management body must be controlled by Guinean nationals.
Art. 79 further provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets the conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.