The legal situation in Guatemala is in a very bad state. There are a number of trained lawyers, though in Guatemala they hold a position similar to a notary in the US. They receive little training and are primarily witness signatories to contracts between two individuals. There is minimal enforcement for crimes such as murder and theft, so at the moment, piracy is the least of Guatemala’s worries.
Software Piracy Rates
| Year | Piracy Rates Guatemala | Revenue Lost to Piracy |
| 1995 | 0.94 | $10,095.00 |
| 1996 | 0.89 | $ 8,675.00 |
| 1997 | 0.86 | $ 7,867.00 |
| 1998 | 0.85 | $ 9,357.00 |
| 1999 | 0.8 | $15,580.00 |
| 2000 | 0.77 | $15,115.00 |
Source: (1)
Domain Name Issues (2)
Regestration services URL for registration services: http://www.gt
Well organized. Standardized formalized contract
Fee of $100 for registration and 1 year access.
$50 yearly renewal fee.
Intellectual property
There are numerous laws regarding intellectual property and copyrights.
Enforcement is non-existent.
This is the general situation that Guatemala faces every day.
WIPO Treaty (3)
WIPO Performances and Phonograms Treaty, adopted at Geneva on December 20,
1996.
The said Treaty will enter into force, with respect to the Republic of Guatemala,
on January 8, 2003
“The U.S. Trade Representative (USTR) announced April 30 that as a result
of this year's "Special 301" review of intellectual property rights
protection, Guatemala has been moved from the "Priority Watch List"
to the "Watch List."
This change reflects the progress Guatemala has achieved in the past year in
protecting intellectual property rights. The USTR acknowledged the passage in
2000 by the Guatemalan Congress of new patent and trademark legislation and
amendments to the 1998 Copyright Law. The legislation also reinstates the government's
legal authority to prosecute anti-piracy cases even in the absence of privately
filed complaints.
However, the USTR expressed concern that the amendments decrease criminal penalties
in cases of infringement of intellectual property and remove the provision for
statutory damages. The United States will be looking to the Government of Guatemala
to ensure a vigorous and effective enforcement of the country's improved legal
framework. The United States will be particularly interested in seeing the appointment
of a special prosecutor for intellectual property matters, as provided for under
the new law.” http://usembassy.state.gov/posts/gt1/wwwhpbeh.html
The special prosecutor was appointed in June of 2001.
Censorship:(4)
One policy dating back to April 1996 (the year of the peace accords)
stated that the government made private satellite or telecommunications links
illegal. It further stated that the government alone would have unrestricted
access to the internet, and that all information had to flow through them.
Though I feel certain that this policy has since been repealed, no specific
mention of this was found. It could be the case that although it is still a
law on the books, it is not enforced and hopefully will never be enforced, and
will one day be removed from the books altogether, beyond as an interesting
footnote in history.