The principal fixed-line telephony operator in Venezuela, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), remains under the control of the Venezuelan government, although no precise and up-to-date information is publicly available regarding the exact percentage of state ownership beyond the fact that it constitutes a majority stake. Privatised in 1991, Cantv was renationalised in 2008 through Decree No. 5974/2008, which placed the company and its subsidiaries under the authority of the Ministry of Telecommunications and Information Technology. Cantv also owns Movilnet, the country’s main mobile telephony operator. By 2022, when the state held 86.2% of Cantv’s shareholding, the government announced its intention to sell a portion of shares in both Cantv and Movilnet to private, including foreign, investors. The first sale of shares occurred in October 2022, followed by further offerings through the Caracas Stock Exchange in November and December 2023.

Venezuela does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.

Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorisation, concession or permit, if necessary, shall be required in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.

Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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

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Art. 35 of the Constitutional Law of Productive Foreign Investment establishes that all foreign investment must comply with several conditions, among which is to contribute to national economic development. In this regard, Art. 40 states that the governing body has broad supervisory powers for the purpose of verifying compliance with this Constitutional Law.

Art. 19 of the Constitutional Law on Foreign Productive Investment establishes that in order to be registered, foreign investment must be for a minimum amount, CNY 6,500,000 or its equivalent in another foreign currency (approx. 940,000 USD).

It is reported that patent examination in Venezuela has, in recent years, progressed at an exceptionally slow pace, with backlogs in some cases exceeding 10 years. The average period from filing to grant is understood to be approximately 10 to 12 years. In addition, it is reported that patent applications may not be filed in a foreign language, meaning that all applications must be submitted in Spanish.

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

Venezuela maintains a copyright framework under the Law on Copyright; however, its exceptions do not follow either the fair use or fair dealing models, thereby constraining the lawful use of protected works by third parties. Chapter II of Part II (Arts. 43-49) enumerates the statutory exceptions. Among these, Art. 44 provides that certain acts shall be deemed lawful reproductions, including the making of a single copy of a computer programme solely for backup or security purposes, as well as the storage of a computer programme in the internal memory of equipment for the exclusive purpose of use by the lawful user. These acts are permitted without prejudice to any participation of the rights holder where such participation is stipulated in the contract governing the disposal of the data carrier or in the relevant user licence.

It is reported that piracy, including online piracy, together with unauthorised camcording and the widespread use of unlicensed software, remains a persistent challenge.

Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.

Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.

Venezuela lacks a comprehensive regime for the protection of trade secrets.