A basic legal framework on intermediary liability beyond copyright infringement is absent in Papua New Guinea's law and jurisprudence.

The SIM Card Registration Regulation 2016 mandates telecom and electronic communications service licensees to establish and maintain a Subscriber Information Database for SIM registration purposes (Art. 4).
According to Art. 9 of Regulation, telecom and electronic communications service licensees must register, capture and transmit to their subscriber information database (a) the identification number of any SIM card to be activated at the request of an individual subscriber, and (b) the subscriber’s biometric and other personal data. The collection of such personal information must follow the prescribed form. An individual subscriber may not be registered unless they present a valid identification document and are physically present at the registration location.

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.

Papua New Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).

The Investment Promotion Act governs foreign direct investment in the country. Under Art. 27, certain activities are reserved for national citizens and companies. 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.

According to Art. 128 of the Companies Act, at least one director of the company shall be ordinarily resident in the country.

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).