There is an obligation for passive infrastructure sharing in Guyana to deliver telecom services to end users. Moreover, passive infrastructure sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements. Pursuant to Section 42 of the Telecommunications Act of 2016, when, in connection with the installation, operation or maintenance of its telecommunications networks, an operator requests access to any road, conduit, pole, cable, work or other facility of a public utility, or a public utility requests access to any facility of an operator, such request shall be governed by the provisions of this section and the regulations.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for the purpose of their joint use and allocation as provided in Art. 42 of the Law.

Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that even with a completed registration, no effective enforcement mechanisms exist to protect intellectual property rights.

Guyana is not a party to the Patent Cooperation Treaty (PCT).

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.

According to Art. 6 of the Investment Act, investors shall not invest in or operate investment enterprises that are prejudicial to national security, or detrimental to the natural environment, or public health, or which contravene the laws of Guyana.

Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement nor does it have observer status.

According to Art. 39.6 (b) of the Procurement Act 2003, there is a 10% margin of preference for domestic providers or domestically produced goods. However, it is reported that this margin is rarely utilized.

According to Art. 11 of the Small Business Act 2004 (as amended by the Art. 3 of the Small Business (Amendment) Act 2021), the Government shall use its best endeavours to ensure that at least 20% of its procurement of goods, services and works to be executed annually is obtained from small businesses and for this purpose, the Council shall prepare annually a Small Business Procurement Programme.

According to Art. 25 of the Procurement Act 2003, public tendering is mandatory. However, a procuring entity may use exceptionally restrict tenders in accordance with Sections 26-29 of the Procurement Act and Schedule 2 of the Procurement Regulation (as amended by the Procurement [Amendment] Regulation 2019). This exceptions include: (i) restricted tendering: when goods, services, or works are available only from a limited number of contractors or suppliers if the estimated cost of the contract is below the threshold of GYD 10 million (approx. USD 48,000); (ii) single source procurement: when they are available from only one source, or additional supplies are needed from an already awarded contractor if the estimated cost of the contract is below the threshold of GYD 1.5 million (approx. USD 7,200); (iii) when procurement is conducted through community participation in poor and remote communities if the estimated cost of the contract is below the threshold of GYD 5 million (approx. USD 24,000.); or (iv) the estimated value of the contract does not exceed GYD 1.5 million (approx. USD 7,200).

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