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GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)  |  Indicator 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

GUYANA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana maintains a legal framework governing intellectual property rights, including patents. However, reported enforcement capacity remains limited, which weakens practical safeguards and facilitates the relatively uninhibited distribution and sale of unlawfully obtained content. It is further reported that, even where rights are formally registered, effective enforcement mechanisms to protect intellectual property rights are lacking in practice.
Coverage Horizontal

GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms 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)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Guyana lacks a comprehensive framework for the effective protection of trade secrets, but the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011 provide limited measures addressing some issues related to trade secrets.
Coverage Horizontal

GUYANA

Since December 2016
Since October 2020

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Act of 2016

Telecommunications (Interconnection and Access) Regulations 2020
Guyana imposes an obligation to share passive telecommunications infrastructure for the provision of services to end users. In practice, passive infrastructure sharing is also implemented in both the mobile and fixed sectors through commercial agreements.
Under section 42 of the Telecommunications Act 2016, where an operator requests access, for the purposes of installing, operating, or maintaining its network, to any road, conduit, pole, cable, works, or other facility of a public utility, or where a public utility requests access to an operator’s facilities, the request is governed by section 42 and the applicable regulations.
These obligations are further elaborated in Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, which requires every operator, service provider, and public utility to: (i) provide timely access, upon written request, to any facility it owns or controls on an unbundled and non-discriminatory basis, including physical access and the ability to install, operate, maintain, and repair equipment; and (ii) negotiate access agreements in good faith and in accordance with the Regulations. Art. 8.2 further specifies that operators and service providers must provide access to roads, ducts, conduits, poles, towers, cables, and other elements of their facilities (or public utility facilities, as applicable) for joint use and allocation, consistent with section 42 of the Act.
Coverage Telecommunications sector

GUYANA

Since December 2016

Pillar Telecom infrastructure & competition  |  Indicator 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 put 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  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, the executive authority responsible for the supervision and administration of services in the telecommunications sector, is independent of the government in its decision-making.
Coverage Telecommunications sector

GUYANA

Since June 2010, entry into force in April 2011, last amended in January 2016
Since January 2014

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Credit Reporting Act 2010

Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations 2014
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain the data collected in another country, provided they have the Bank of Guyana's approval.
Moreover, pursuant to Section 2 of the Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations, a credit bureau may not transfer or store any information collected under the Act outside Guyana without the prior approval of the Bank.
Coverage Financial sector

GUYANA

Since March 2004
Since May 1995, last amended in September 2018
Since March 1919, last amended in May 2000

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Investment Act 2004

Companies Act

Business Names (Registration) Act
According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporation in Guyana does not require residency, but according to Art. 312 external companies must register with the government to conduct business in the country. Under the Business Registration Act, Guyanese companies must use the real surnames of their incorporators or be registered with the government.
Coverage Horizontal

GUYANA

Since January 1938
Since January 1938, last amended in June 1992

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Regulations

Patents and Designs Act
Pursuant to Art. 9(2) of the Patents Regulations, the Registrar will not accept an application for a patent relating to an invention communicated from abroad, or an application filed by a person who is not resident in Guyana at the time of filing, unless the application is submitted through a licensed patent agent. Under Art. 101 of the Patents and Designs Act, the Registrar may grant renewable annual licences to fit and proper Commonwealth citizens who are patent agents.
Coverage Horizontal

GUYANA

Since January 1938

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Patents Regulations
Pursuant to Art. 7 of the Regulations, every applicant and every person who is, or subsequently becomes, a patentee must provide the Registrar with an address for service in Guyana. For all purposes connected with the relevant proceedings or patent, that address may be treated as the applicant’s, opponent’s, or patentee’s effective address.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GY')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"96215"},{"post_id":"96216"},{"post_id":"96217"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GY')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GY')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

GUYANA

ITA signatory? I II

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