Reports indicate that the widespread use of pirated software is prevalent among Mongolian government ministries, individual consumers, and businesses.

Mongolia has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.

Mongolia has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.

Mongolia does not possess a comprehensive legal framework for the effective protection of trade secrets. Nevertheless, certain limited provisions address specific aspects of trade secret protection, including those found in the Law of Mongolia on Organisation Secrets. Similar measures are also present in the Law of Mongolia on Competition, which includes regulations concerning unfair competition, such as the misappropriation of trade secrets.

Mongolia requires the sharing of communications networks and passive infrastructure under Resolution No. 52/2014 of the Communications Regulatory Commission. Art. 2 of the Resolution obliges service providers, particularly those with a dominant market position, to grant access on non-discriminatory and fair terms. Unjustified refusals to share are prohibited, and providers must respond to access requests within 14 working days, applying a first-come, first-served approach. They must also publish relevant technical and pricing information, with pricing subject to approval by the Regulatory Commission. Non-compliance may result in sanctions, including the suspension or revocation of licences.

Art. 8.1 of the "Revised Law on Procurement of Goods, Works, and Services with State and Local Property Funds" stipulates that tender documents must specify that goods meeting the requisite quality and standard requirements, where available through domestic production, shall be procured from domestic manufacturers. Similarly, Art. 10 of the now-repealed "Law on Procurement of Goods, Works, and Services with State and Local Property Funds" contained a comparable provision, which explicitly prohibited the inclusion of foreign suppliers in the tender selection process when domestically produced goods met the established quality and standard criteria.
The list of products reserved to local companies is found in Annex to Government Resolution No. 90. This includes all types of electrical connection tools and equipment, including collectors, connectors, switches, converters, meters, transformers, distributors, isolators, and control panels.

Pursuant to Art. 8.3 of the "Revised Law on Procurement of Goods, Works, and Services with State and Local Property Funds", foreign entities are permitted to participate in tendering processes for goods with an estimated cost exceeding MNT 1,000,000,000 (approx. USD 290,000) and for services with an estimated cost exceeding MNT 300,000,000 (approx. USD 86,000). Similarly, Art. 9.2 of the now-repealed "Law on Procurement of Goods, Works, and Services with State and Local Property Funds" contained a comparable provision, allowing foreign entities to submit tenders for goods and services with an estimated cost exceeding MNT 100,000,000 (approx. USD 29,000).

Art. 8.4 of the "Revised Law on Procurement of Goods, Works, and Services with State and Local Property Funds" stipulates that preference shall be given to participants offering domestic goods that satisfy any of the specified conditions. Additionally, Art. 8.5 states that priority shall be granted to bidders proposing the use of domestic goods in the execution of the work. Art. 8.6 establishes that, in cases where preferential treatment is applied as outlined in Arts. 8.4 and 8.5, 10% of the price of the domestic goods component shall be deducted from the tender price. If the participant is a small or medium-sized enterprise, this deduction shall be increased to 15%. Similarly, Art. 10 of the now-repealed "Law on Procurement of Goods, Works, and Services with State and Local Property Funds" also provided preferential treatment for local tenderers.

Mongolia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it holds observer status.

There are no restrictions on foreign ownership in sectors pertinent to digital trade. Under the Law on Investment, foreign investors are granted access to the same investment opportunities as Mongolian citizens and are afforded the same legal protections as domestic investors.

Art. 21 of the Law on Investment stipulates that investment by foreign state-owned enterprises (SOEs) in the information and communications sector requires official approval if the SOE holds a shareholding of 33% or more. In addition, Art. 22.4.1 explicitly states that direct investment by foreign SOEs in these sectors is subject to a national security review process, the specific details of which remain unspecified. Reports indicate that the National Security Council, comprising the Speaker of Parliament, the President of Mongolia, and the Prime Minister, has prohibited investment from certain foreign state-owned entities.

Art. 3.1.5 of the Law on Investment mandates that foreign investors must make a minimum investment of USD 100,000, or its equivalent in tugrik, in order to establish a business entity. This requirement applies to enterprises in which foreign ownership exceeds 25%. Conversely, Mongolian investors are not subject to any minimum investment threshold.

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