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Establishment restrictions

PERU

Since 1996

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright Law
The Copyright Law sets a list of limitations, but it does not provide a clear notion of fair use/fair dealing (Legislative Decree No. 822).
Coverage Horizontal
Establishment restrictions

PERU


Chapter Intellectual Property Rights  |  Sub-chapter Patents
Fast-track procedure for nationals
In an effort to facilitate the filing of more domestic patents, the Peruvian National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) has announced a new program called ‘Patente Rapida’ ("Speedy Patent"). The service gives national applicants the opportunity to obtain a patent faster than the current time and aims at encouraging national investment. However, the measure might result in a discrimination against foreigners.
Coverage Horizontal
Fiscal Restrictions

PERU

Reported in 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Agreement on Government Procurement
Peru is not a signatory to the WTO Agreement on Government Procurement.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Fiscal Restrictions

PERU

Reported in 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Limitations on foreign participation
Some companies have commented that Peru’s arduous bureaucratic requirements makes it challenging for them to successfully participate in government tenders.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Fiscal Restrictions

PERU

Reported in 2013

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on digital goods and products
Copyright Law
Peru's Copyright Law allows private copying or reprography, but copyright levies need to be paid on blank media and electronic devices. Examples for such copyright levies are:

- MP3-Player: 10% of the price.
- MP4-Player: 10% of the price.
- Mobile phones: 3% of the price.
- Internal hard drive: 3% of the price.
- External hard drive: 3% of the price.
- USB devices: 3% of the price.
- Expandable memory for mobile devices: 3% of the price.

For other devices a fixed amount is levied, for example:

- CD/CD-RW and minidisc: USD 0.04.
- DVD: USD 0.08.
- Audiotapes: USD 0.04.
- Videotapes: USD 0.08.
Coverage Blank media and electronic devices
Fiscal Restrictions

PERU

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
1.11%
Weighted average MFN rate
0.98%
Maximum tariff rate
6%
Coverage rate of zero-tariffs
83.76%

Coverage: Digital goods
Sources

Trading restrictions

PARAGUAY


Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Pautas del Servicio de Delegación de Nombres de Dominio para el TLD PY
Foreign individuals and companies can register for a .py domain, but they are required to have an authorised representative in Paraguay.
Coverage Horizontal
Trading restrictions

PARAGUAY

Reported in August 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Paraguay's de minimis rule, goods with a value of up to 66 SDR / 100 USD will be exempted from taxes and duties collected by the customs.
Coverage Horizontal
Trading restrictions

PARAGUAY


Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Lack of self-certification
Paraguay's regulatory agency, CONATEL (Comision Nacional de Telecomunicaciones) requires approval of all radio frequency equipment as well as equipment that connects to the public network, such as E1 or ADSL devices. CONATEL requires certificates to be issued in the name of a legal representative in Paraguay.
Coverage Radio frequency equipment
Trading restrictions

PARAGUAY

Reported in 2015

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Customs certification
Paraguay requires each import shipment (e.g., commercial receipt, certificate of origin, and cargo manifest) to be certified by either the Paraguayan consulate in the country of origin or, subject to payment of a fee, at the Ministry of Foreign Affairs in Paraguay. Paraguay requires all companies operating in the country to contract the services of a customs broker. Customs broker fees are standardized by Paraguayan law.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Restrictions on data

PARAGUAY

Since 2014

Chapter Content access  |  Sub-chapter Other restrictive practices related to content access
De facto blockage
Internet Service Providers (ISPs) in Paraguay are connected to the Internet through networks of Argentina and Brazil that have access to fiber-optic sub marine cable systems, users in Paraguay are prevented de facto to access any website blocked by Brazil or Argentina.
Coverage Internet Service Providers (ISPs)
Restrictions on data

PARAGUAY


Chapter Content access  |  Sub-chapter Bandwidth, net neutrality
Blockage of service
According to press reports, Whatsapp voice calling feature is currently being blocked in Paraguay by telecommunication operators.
Coverage Whatsapp
Restrictions on data

PARAGUAY


Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Paraguayan Copyright and Related Rights Law
The Paraguyan Law does not foresee any exception to internet liability services.
Coverage Internet intermediaries
Restrictions on data

PARAGUAY


Chapter Data policies  |  Sub-chapter Data retention
Data retention law
A bill on data retention, that would have compelled local Internet Service Providers to retain communications and location details of every user for a period of 12 months, was finally rejected in April 2015.
Coverage Internet Service Providers
Establishment restrictions

PARAGUAY


Chapter Competition policy  |  Sub-chapter Other restrictive practices related to competition policy
Blockage of service
According to press reports, Whatsapp voice calling feature is currently being blocked in Paraguay by telecommunication operators.
Coverage Whatsapp