VANUATU
Since December 2000, entry into force in February 2011, last amended in July 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Related Rights Act 2000
Vanuatu 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. The exceptions include the purposes of research or private study, legal advice, criticism or review.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
VANUATU
Since December 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act No. 52 of 2000
The Trade Secrets Act provides a framework for the effective protection of trade secrets. According to the Act, a trade secret is information that is not commonly known or easily accessible to those involved in similar fields. It can also pertain to someone's business or professional matters and, if disclosed, would negatively impact their lawful activities. Additionally, a trade secret holds commercial value due to its confidentiality and exclusivity. If a trade secret is acquired, used, or disclosed by a person without the authority of the owner of the trade secret, the owner has the right to apply to the Court for a declaration that the trade secret has been acquired, used, or disclosed without authority. The Court may grant an injunction preventing anyone from dealing with, or otherwise using, the secret in a commercial way; and if it is satisfied that the owner has suffered damage because of the unauthorised disclosure—award damages to the owner.
Coverage Horizontal
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive infrastructure sharing is not mandated, but it is practised in the market in both the mobile and fixed sectors (based on commercial agreements).
Coverage Telecommunications sector
VANUATU
Reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In a joint market announcement in September 2025, the Vanuatu National Provident Fund (VNPF) announced that it acquired a 14% shareholding in Telecom Vanuatu Limited (trading as Vodafone Vanuatu).
Coverage Telecommunications sector
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Vanuatu does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, it is reported that functional separation has been an obligation since 2022.
Coverage Telecommunications sector
VANUATU
Since November 2012
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Vanuatu has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=94617&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
VANUATU
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 and Radiocommunications Regulator, 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
VANUATU
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.84%
Coverage rate of zero-tariffs on ICT goods (%)
43.1%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
VANUATU
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Vanuatu is not a signatory of the 1996 World Trade organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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VANUATU
Since July 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Contracts And Tenders Regulation Consolidation Edition 2021
Pursuant to Art. 12 of the Government Contracts and Tenders Regulation (Consolidation Edition 2021), the head of a government agency must publish an open tender notice outside Vanuatu only where the Board or the head of the agency is satisfied that the relevant goods, services, or works are unlikely to be sourced from within Vanuatu at the best price or quality. Moreover, pursuant to Art. 39, irrespective of whether procurement is conducted through an open tender, a limited tender, or a request-for-quotation process, computer hardware, software, and accessories must be purchased only from a supplier authorised by the Office of the Government Chief Information Officer.
Coverage Horizontal
VANUATU
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Vanuatu is not a party to the World Trade organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Policy for Domain Name Registration Under NP CCTLD
According to the NP CCTLD domain name registration policy, only foreign companies registered in Nepal or registered trade names (trademarks) with the government can register a '.np' domain.
Coverage Horizontal
NEPAL
Since November 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Directives on the Operation of Social Networking, 2023 (सामाजिक सञ्जालको प्रयोगलाई व्यवस्थित गर्ने निर्देशिका, २०८०)
Under the Directives for Managing the Use of Social Networks, 2023, Nepal operates an authorisation regime based on registration for social network platform operators. Under Art. 3.1, any person, company, or institution intending to operate a social network platform must enlist the platform with the Ministry. The Ministry must issue a public notice for enlistment (Art. 3(2)), and existing platforms must enlist within 3 months of commencement (Art. 3(3)). Operators must apply using the prescribed format and supporting documents (Art. 3(4)–(6)), after which the Ministry issues an enlistment memorandum. Platforms that are not enlisted may be prohibited from operating in Nepal (Art. 3(7)).
In addition, Art. 6 requires the operator to arrange a point of contact in Nepal. Where a platform does not have an office in Nepal, it must establish an office or designate a local contact person.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
In addition, Art. 6 requires the operator to arrange a point of contact in Nepal. Where a platform does not have an office in Nepal, it must establish an office or designate a local contact person.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
Coverage Social media platforms
Sources
- https://web.archive.org/web/20241118064041/https://giwmscdnone.gov.np/media/app/public/22/posts/1701329617_14.pdf
- https://web.archive.org/web/20231110092433/https://kathmandupost.com/national/2023/11/10/cabinet-passes-rules-to-regulate-social-media
- https://web.archive.org/web/20251030055326/https://www.lawgandhi.com/directives-for-managing-the-use-of-social-media/
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