Database

Browse Database

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Haiti lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

HAITI

Since October 1977

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree-Law of 12 October 1977 Granting the State a Monopoly over Telecommunications Services (Décret accordant à l'etat le monopole des services de télécommunications)
It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users and that passive sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements. The obligation has not been found in the law, although Art. 12 of the Decree-Law of 12 October 1977 states that, in order to obtain maximum efficiency and output for the provision of services, agreements can be concluded for the distribution of networks, equipment and buildings between public services of the same or different nature, subject to of the approval of the State Secretariat of Public Works, and Transport and Communications.
Coverage Telecommunications sector

HAITI

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Haiti lacks the capacity to prevent piracy and counterfeit distribution. As a result, theft and infringement of intellectual property rights is reported to be common practice.
Coverage Horizontal

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Haiti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Haiti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

HAITI

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
Some complains are reported regarding the fact that the laws on intellectual property rights in Haiti are outdated, because these laws rely on a century-old industrial law (Law of 14 December 1922), rather than any specific law governing industrial property. Moreover, it is reported that Haiti has weak enforcement mechanisms, ineffective courts, and limited knowledge of commercial law by judges, which compromise the effectiveness of legal protections.
Coverage Horizontal

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of signature of the Patent Cooperation Treaty (PCT)
Haiti is not a signatory of the Patent Cooperation Treaty (PCT).
Coverage Horizontal

HAITI

Since March 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Decree on Copyright (Décret sur le Droit d'Auteur)
Haiti has a copyright regime under the Decree on Copyright. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 46 lists the exceptions, which include: (i) reporting of current events, provided that only short-term fragments of a performance, phonogram, or broadcast are used; (ii) reproduction solely for scientific research purposes; (iii) reproduction in the context of teaching activities, except where the performance or phonograms have been published as material intended for teaching; among others.
Coverage Horizontal

HAITI

Reported in 2018, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Screening mechanisms on the telecommunications sector
It is reported that the investment in “sensitive” sectors, including the telecom sector, require a Haitian government concession as well as authorization from the appropriate governmental agency.
Coverage Telecommunications sector

HAITI

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Complaints about lengthy patent application process
It is reported that it usually takes about four years for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for patent registration.
Coverage Horizontal

HAITI

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Haiti is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

HAITI

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law establishing the general rules for the awarding, execution, and settlement of Public Contracts with an estimated value equal to or exceeding the Procurement Thresholds (Loi fixant les règles générales de Passation, d'exécution et de règlement des Marchés Publics dont la valeur estimée est égale ou supérieure aux seuils de Passation des Marchés)
According to Art. 58 of the Public Procurement Law of Haiti, when awarding a public contract preference may be given to the offer presented by small and medium-sized Haitian businesses or nationals of member countries of the same economic community of States. This preference must be quantified as a percentage of the offer amount that cannot exceed 15%. The preference cannot be invoked if it has not been provided for in the tender documents.
Coverage Horizontal

HAITI

Since June 2010, last amended in 2011

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Framework Regional Integration Policy on Public Procurement (CARICOM)
According to Art. 52 of the Framework Regional Integration Policy on Public Procurement 2011, CARICOM countries can apply a margin of preference to suppliers from the region. However, the law does not specify the margin of preference.
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 = 'HT')\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":"39758"},{"post_id":"39759"},{"post_id":"39760"}]
"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 = 'HT')\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 = 'HT')\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":"1.00"}]

HAITI

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.41%
Coverage rate of zero-tariffs on ICT goods (%)
35.30%
Coverage: Digital goods

BELIZE

Since 2021

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Belize has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal