Sections 22 to 27 of the Digital Government Act establish a centralised government network, cloud, and data infrastructure under the authority of the department responsible for information and communications technology. All public bodies are required to use the Government Private Network, which integrates the Central Electronic Data Repository, approved physical, virtual or cloud connectivity, and shared digital services, unless written approval is obtained to use an alternative network. The Act mandates the creation of a Government Leased Cloud Infrastructure, requiring public bodies to migrate all virtual private networks and digital services operating on external cloud infrastructure within one year, subject to limited, time-bound exemptions approved in writing, with unauthorised operation constituting an offence. The Department may further establish a Government Private Cloud Infrastructure, to be physically located in Papua New Guinea, into which public-sector electronic data must be migrated within a prescribed period, while offshore storage is permitted only on efficiency grounds, in compliance with standards, and with written approval following advice from the ICT Steering Committee. The framework is completed by establishing the National Electronic Data Bank, which will host the Central Electronic Data Repository, the National Cyber Security Centre, the Government Private Cloud Infrastructure (if established), other public-sector data servers, and all associated core infrastructure.

Papua New Guinea has not joined any agreement with binding commitments to open transfers of data across borders.

According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.

According to Art. 54 of the Patents and Industrial Designs Act, where an applicant’s ordinary residence and principal place of business are outside Papua New Guinea, the applicant must be represented by a person who is ordinarily resident in Papua New Guinea.

According to Art. 32 of the Patents and Industrial Designs Act, the Minister may, upon the request of a government agency or any other person, authorise the exploitation of a patented invention without the consent of the patent owner, by notice published in the National Gazette. Such authorisation may be granted where the exploitation is required in the public interest – including for reasons of national security and predominantly to supply the Papua New Guinea market – or where the Minister has determined that the patent’s exploitation is anti-competitive and considers that the authorisation would remedy that anti-competitive practice.

Papua New Guinea is a party to the Patent Cooperation Treaty (PCT).

Papua New Guinea’s copyright framework is established under the Copyright and Neighbouring Rights Act 2000. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Sections 8–16 codify these exceptions, including, inter alia, quotation of a short part of a published work where the use is compatible with fair practice and does not exceed the extent justified by the purpose, and the reproduction of a short part of a published work for teaching, by way of illustration in written, audio, or visual materials, subject to the same fair practice conditions.

Papua New Guinea has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

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

The country lacks a comprehensive framework in place that provides effective protection of trade secrets, but it is reported that, in practice, the protection of trade secrets is largely governed by common law principles applied by the courts, with non-disclosure agreements (NDAs) and contractual arrangements serving as the primary mechanisms for businesses to safeguard confidential information. Moreover, under Art. 51 of the Constitution, every citizen has a right of reasonable access to official documents, subject to limitations that are reasonably justifiable in a democratic society to protect trade secrets and privileged or confidential commercial or financial information obtained from a person or body.

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, nor is it practised in the mobile sector and in the fixed sector based on commercial agreements.
However, under the Universal Access and Service (UAS) Policy of 2023, infrastructure sharing is mandatory for networks funded by the UAS Fund. This is a telecom/ICT sector fund established under the National ICT Act 2009 to finance projects that extend ICT infrastructure and services to underserved areas, particularly rural and remote communities.

The government owns shares in certain telecom companies. In particular, Telikom Limited (Telikom PNG) is wholly owned by the State through Kumul Consolidated Holdings and provides fixed-line services nationwide. Bemobile Limited (bmobile) is likewise a fully state-owned mobile carrier offering mobile voice, SMS and high-speed data services. In addition, PNG DataCo Limited is a state-owned entity mandated to build, own and operate the National Transmission Network (NTN) and to supply wholesale connectivity services to the ICT sector, including wholesale internet capacity for telecommunications operators, internet service providers and government institutions.

According to Art. 48 of the National Procurement Act 2018, all procurements that relate, in whole or in part, to activities reserved for citizens under the Regulations of the Investment Promotion Act 1992 must be restricted. These reserved activities are specified in the Investment Promotion Regulation 1992 and, following the amendment introduced by the Investment Promotion (Amendment) Regulation 2021, include the repair of consumer electronics goods when this activity is not carried out in conjunction with the manufacture, wholesale or retail sale of such goods.

Under Art. 47 of the National Procurement Act 2018, evaluators are required, for covered procurements of goods, works and services, to apply a price preference in favour of national companies and citizens. The margin of preference is set at 15% for goods and 7% for works or services. Moreover, joint ventures or associations between an eligible national company or citizen and a foreign partner are eligible for a lower, uniform 4% preference margin for goods, works, or services. This preferential treatment is available only where the joint venture is registered in Papua New Guinea or where the national participant can demonstrate a beneficial interest of more than 50%, as evidenced by the profit-and-loss-sharing provisions in the joint venture agreement.

According to Art. 48(2) of the National Procurement Act 2018, the National Procurement Commission must ensure that, insofar as reasonably practicable, all procurements promote and maximise (a) the use of local expertise and materials, and (b) the participation of local communities or organisations.
Moreover, according to Art. 58, bidders must be registered with the National Procurement Commission as qualified bidders before they may receive bids or enter into contracts with the National Procurement Commission and other public and statutory bodies. The Commission may register applicants that meet the statutory requirements and may remove those that no longer qualify.