Database

Browse Database

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.
Coverage Horizontal

VENEZUELA

Reported in 2018, last reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Complaints are reported for online piracy as well as unauthorized camcording and widespread use of unlicensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 89% in 2017 (the second highest rate in the world and above the 52% rate of the Latin American countries), for an estimated commercial value of USD 317 million.
Coverage Horizontal

VENEZUELA

Since October 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Official Gazette No. 4,638 Extraordinary: Copyright Law (Gaceta Oficial No. 4,638 Extraordinario: Ley Sobre el Derecho de Autor)
Venezuela has a copyright regime under the Law No. 4,638 . However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include a work by non-profit libraries or archives, when the copy is in their permanent collection, to preserve such copy and replace it in case of need; a work for teaching or examination purposes in educational institutions, provided there is no profit motive; among others.
Coverage Horizontal

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

VENEZUELA

Reported in 2018, last reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Complaints are reported for online piracy as well as unauthorized camcording and widespread use of unlicensed software. In addition, it is reported that the rate of unlicensed software installation in the country was 89% in 2017 (the second highest rate in the world and above the 52% rate of the Latin American countries), for an estimated commercial value of USD 317 million.
Coverage Horizontal

VENEZUELA

Since October 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Official Gazette No. 4,638 Extraordinary: Copyright Law (Gaceta Oficial No. 4,638 Extraordinario: Ley Sobre el Derecho de Autor)
Venezuela has a copyright regime under the Law No. 4,638 . However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include a work by non-profit libraries or archives, when the copy is in their permanent collection, to preserve such copy and replace it in case of need; a work for teaching or examination purposes in educational institutions, provided there is no profit motive; among others.
Coverage Horizontal

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
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).
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
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).
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
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 the 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.
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
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 the 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.
Coverage Horizontal

VENEZUELA

Since May 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Limits on investment in state-owned enterprise
The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government and it is reported that there is no foreign ownership allowed. On the other hand, it is reported that full foreign ownership is allowed with respect to telecommunications sector.
Coverage Telecommunications sector

VENEZUELA

Since May 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Limits on investment in state-owned enterprise
The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government and it is reported that there is no foreign ownership allowed. On the other hand, it is reported that full foreign ownership is allowed with respect to telecommunications sector.
Coverage Telecommunications sector

VENEZUELA

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