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

Guatemala has a copyright regime under the Copyright and Related Rights Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 63-71 list the exceptions, which include the reproduction by reprographic means of articles or short extracts of lawfully published works for teaching or examinations in educational institutions and the reproduction of a work for judicial or administrative proceedings, among others. The reproduction of a computer program, even for personal use, shall require the authorisation of the right holder, except for a copy made with the exclusive objective of replacing the legitimately acquired copy when it can no longer be used due to damage or loss.

Despite a generally strong legal framework in place, it is reported that resource constraints, inconsistent enforcement actions against counterfeiting, and a lack of coordination among law enforcement agencies have resulted in insufficient intellectual property (IP) enforcement, a lack of transparency, and a high level of piracy in the government that uses unlicensed software. Moreover, it is reported that signal piracy continues to be an issue, and online piracy through Internet Protocol Television (IPTV) services is also a concern.

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

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

The Law of Industrial Property provides a framework for effective protection of trade secrets. Under Art. 173 of the law, the unauthorised use of another party’s business secret, as well as any act of commercialisation, promotion, disclosure, or improper acquisition of such information, constitutes an act of unfair competition. Art. 174 defines trade secrets, while Art. 175 enumerates the acts deemed unfair in relation to business secrets. Furthermore, the Law provides both civil and criminal remedies for the protection of trade secrets (Art. 275).

It is reported that there is no obligation for passive infrastructure sharing in Guatemala to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.

Guatemala is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

It is reported that the terms of services of Tuenvio.cu state that payments can be made only through Tranfermóvil and Enzona, two phone applications that can be associated with cards issued by the Central Bank of Cuba, Banco Metropolitano, Banco de Crédito and Commerce and the Popular Savings Bank.

It is reported that, with respect to electronic payment channels (POS, Transfermóvil and Enzona), the maximum daily limit is 30.000 pesos (approx. USD 1.250) and USD 15.000; the per‑transaction limit is likewise 30.000 pesos and USD 15.000; and the number of permitted transactions amounts to 20 per day in national currency and 10 per day in freely convertible currency (MLC).

It is reported that PayPal, as well as debit or credit cards issued by banks in the United States or their subsidiaries, are not accepted in Cuba.

Cuba does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

The cost of registering domain names is three times higher than the average for the Americas region, costing approximately USD 950, which is a potential restriction to engaging in digital trade.