Database

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MALAYSIA

Since September 2012, entry into force in December 2012

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Malaysia has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MALAYSIA

Since 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Trade Descriptions Act
In Malaysia, trade secrets and confidential information are protected by the common law tort of breach of confidential information and/or by contract. Trade secrets are protected as long as they consistently meet the eligibility for being confidential information.
According to Art. 35 of the Trade Descriptions Act, any person who discloses or makes use of any confidential information or document with respect to a particular enterprise or the affairs of an individual obtained by virtue of any provision of this Act commits an offence. The law defines confidential information as trade, business, or industrial information that belongs to any person, has economic value, and is not generally available to or known by others.
Coverage Horizontal

MALAYSIA

Reported in 2017, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Malaysia to deliver telecom services to end users.
Coverage Telecommunications sector

MALAYSIA

Reported in 2021, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Reported exclusionary practices in public procurement
It is reported that Malaysia generally invites international tenders only when domestically sourced goods and services are unavailable. In such instances, foreign companies are, by law, required to engage a local partner who satisfies Bumiputera (indigenous ethnic Malay) eligibility criteria before their tenders will be considered.
Coverage Horizontal

MALAYSIA

Reported in 2014, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Margin of preference for domestic suppliers
It is reported that while price considerations are important in concluding a government contract, the "value for money" concept includes non-price factors and broader policy considerations, such as accelerating economic growth through procurement, maximising the use of local materials and resources, promoting local freight and insurance, transferring technology, and providing incentives for indigenous entrepreneurs (Bumiputera). Bumiputera suppliers benefit from a preference margin of 2.5% to 10%, inversely proportional to the contract value, for goods and services contracts valued between MYR 100,000 (approx. USD 23,500) and MYR 15 million (approx. USD 3.5 million), with no preferences for contracts above MYR 15 million. For locally made goods by Bumiputera manufacturers, the preference margin is 10% for contracts below MYR 10 million (approx. USD 2.3 million), up to 5% for contracts between MYR 10 million and MYR 100 million, and 3% for contracts above MYR 100 million. This practice has persisted since 1995. Additionally, it is reported that all individuals, companies, or corporate bodies intending to participate in government procurement of works, supplies, and services must be approved by and registered with the Ministry of Finance. Procurement often involves middlemen rather than direct dealings with the governmental entity or is negotiated rather than tendered.
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 = 'MY')\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":"109183"},{"post_id":"109184"},{"post_id":"109185"}]
"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 = 'MY')\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 = 'MY')\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":"0.00"}]

MALAYSIA

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)
1.4%
Coverage rate of zero-tariffs on ICT goods (%)
69.94%
Coverage: ICT goods

MALAYSIA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Malaysia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

MONGOLIA

Reported in 2018, last reported in 2024

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Reported restrictions on online payments
Reports indicate that cross-border payment options are limited, and Mongolians face considerable challenges in accessing them, as these services are neither seamless nor cost-effective. In addition, stakeholder awareness of the legal framework governing electronic payments remains low. In this context, one barrier to domestic e-commerce is inconsistent and unclear government regulations that affect payment processes.
Coverage Horizontal

MONGOLIA

Since May 2008, as amended in July 2014

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Law on Customs Tariffs and Customs Duties (МОНГОЛ УЛСЫН ХУУЛЬ ГААЛИЙН ТАРИФ, ГААЛИЙН ТАТВАРЫН ТУХАЙ)
Mongolia implements a de minimis threshold, that is the minimum value of goods below which customs do not charge duties, only in limited cases. Pursuant to Section 38.1.15 of the Law on Customs Tariffs and Customs Duties, certain goods imported into Mongolia’s customs territory are exempt from customs duties. This exemption applies to international postal parcels addressed to an individual, provided that the parcel value does not exceed 10 times the minimum monthly wage and that it contains no more than two units of each identical item.
Coverage Horizontal

MONGOLIA

Since December 2024

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Communications Regulatory Commission of Mongolia (CRC) Resolution No. 242 on the Revision and Approval of the "Procedures for Registration and Use of Domain Names" (ХАРИЛЦАА ХОЛБООНЫ ЗОХИЦУУЛАХ ХОРООНЫ ТОГТООЛ "ДОМЭЙН НЭРИЙГ БҮРТГЭХ, АШИГЛАХ ЖУРАМ"-ЫГ ШИНЭЧЛЭН БАТЛАХ)
Pursuant to Section 4.3 of the Annex to Communications Regulatory Commission of Mongolia (CRC) Resolution No. 242, which revises and approves the Procedures for Registration and Use of Domain Names, only persons or legal entities with a residential address or legal registration in Mongolia may apply to own “.mn” and “.мон” domain names. Sections 4.6–4.7 further require individuals to provide a Mongolian residential address, while legal entities must provide evidence of registration and address information in Mongolia.
Coverage Horizontal

MONGOLIA

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Mongolia lacks a comprehensive consumer protection framework applicable to online transactions. The Law of Mongolia on Consumer Rights Protection lacks specific provisions addressing digital transactions.
Coverage Horizontal

MONGOLIA

Since December 2020, in force since July 2021

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Mongolia has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MONGOLIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Mongolia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MONGOLIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mongolia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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