According to Art. 12 of the Public Procurement Regulations, procuring entities may grant a price preference of up to 15% to Eswatini companies in the bidding process. According to Art. 12.2 of the Regulations, an Eswatini company is a company registered in Eswatini and whose controlling shares are 60% owned by Eswatini citizens. In addition, foreign companies can also enjoy a price preference of up to 7.5% if they subcontract to Swazi companies or supply Swaziland-made products.

Under Art. 10 of the Electronic Communications Act 2013, the Swaziland Communications Commission is responsible for regulating individuals or entities wishing to operate an electronic communications network or provide an electronic communications service requiring a licence. In accordance with Art. 5 of the Electronic Communications Regulations 2016, the Commission may issue individual licences for: (i) electronic communications services that require the use of numbering resources; (ii) electronic communications networks; and (iii) the use of specific frequency spectrum bands. The Commission also has the authority to determine the number of individual licences available for a particular category (Art. 5.7).
The criteria for awarding licences are determined on a case-by-case basis, considering the type of licence, the market's development at the time, and its structure. As outlined in section 11.8 of the Regulations, the criteria shall also take into account, among other factors: (i) national universal access and service objectives; (ii) local ownership requirements; (iii) the technical expertise of the applicant; and (iv) the business plan and financial viability of the project.

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

The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.

The Public Enterprises (Control and Monitoring) Act (PEA) has no specific provisions that prohibit the appointment of foreigners as board members or directors in government-owned enterprises. However, there has never been an instance where a foreigner was appointed to be either a chief, director or board member of a government enterprise. It is reported that, when one looks at the architecture of the appointment process for members of the board for government enterprises, it is clear that the intention is not to have foreigners forming part of the boards of these entities. The Board members are appointed by the responsible Minister in consultation with the Standing Committee, which is comprised of Cabinet Ministers (Sections 2 and 6).

It is reported that every foreign investor must obtain a trading licence in line with the Trading Licence Order of 1975. In addition, foreign investors must also acquire residence and work permits prior to their investments and are required to hire local workers wherever possible.

According to Section 12 (c) of the Patents Act, an application for a patent is mandated to state an address for service in Eswatini to which all notices and communications may be sent, including the full postal, residential, and business addresses of the applicant. In terms of Sections 10 and 11 of the Patents Act, there are no restrictions on the application, registration, and recognition of patents for both local and foreign firms. The Registrar of Patents is mandated to register patents where the application is made in accordance with Section 9 of the Act without any distinction on whether the applicant is a foreign or local holder of the patent.

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

Eswatini has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyrights and Neighbouring Rights Act 4/2018 outlines the limitations and permitted acts that align with international standards and regulations. Part IV of the Act specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting. This fair dealing model has been applied since the previous law, The Copyright Act, 1912, which was repealed by the current Act.

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

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

The protection of trade secrets is contractually and enforced between the parties, usually between employer and employee, partners or shareholders. The case of African Oxygen Ltd and Tony Coster & Another illustrates how the High Court dealt and the Supreme Court, respectively, with the law and principle on trade secrets and their protection.

Section 24 of the Electronic Communications Act authorises the Commission to mandate licensees to fulfil reasonable requests for access to and utilisation of specified network elements and associated facilities. This provision requires operators to grant third parties access to designated network elements or facilities and to facilitate infrastructure sharing, including but not limited to ducts, buildings, or masts. Pursuant to the authority vested by Section 24 of the Act, the Minister for Information, Communications, and Technology enacted the Electronic Communications (Facilities Sharing) Regulations, which delineate the aforementioned passive infrastructure sharing obligations.

The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.

According to the Eswatini Post and Telecommunications Corporation (EPTC) website, EPTC is a "Category A" enterprise established by Act No. 11 of 1983. "Category A" refers to state-owned enterprises that are wholly government-owned. EPTC comprises four business units: Eswatini Telecom, Eswatini Post, Phutfumani Couriers and Freight, and the National Contact Centre.