Last Thursday, April 30, the Office of the United States Trade Representative (USTR) included Guatemala in the Priority Watch List (Watch List)after the analysis corresponding to 2025 on compliance with intellectual property rights.
Representatives of the Guatemalan-American Chamber of Commerce (AmCham) set their position this Friday, May 1, in which they called for institutional strengthening given the country’s permanence on this list.
This means that it is a wake-up call for Guatemala, which can affect investment, the image of the country and send signals of lack of legal certainty in matters of intellectual property.
“At AmCham Guatemala we see the USTR 2026 Special 301 Report as a clear call to strengthen the intellectual property ecosystem in the country. The fact that Guatemala remains in the Watch List reflects persistent structural challenges, particularly in effective law enforcement, inter-institutional coordination and resource allocation,” declared Waleska Sterkel de Ortiz, executive director of the entity.
The USTR makes the annual presentation of the report and on this occasion Guatemala was the only country in the region to be included in the Priority Watch List. The analysis highlights relevant sectors in terms of intellectual property, such as clothing, sports footwear, accessories, pharmaceutical products and signal piracy.
AmCham calls for more action against piracy and counterfeiting
Like other specialists in the field, who recognize progress in the legal framework, the director of AmCham highlighted that, although the country has relatively solid legislation, important gaps persist in its implementation.
As an example, he mentioned problems such as product counterfeiting, the marketing of illicit medicines and digital piracy – especially through IPTV. He also noted delays in patent registration processes and the limited specialization of the judicial system in matters of intellectual property, factors that continue to affect legal certainty and the investment climate.
“We positively value that, within the framework of the Reciprocal Trade Agreement (ART) between the United States and Guatemala, signed in 2026, the country has assumed binding obligations regarding intellectual property,” he remarked.
These include, Sterkel explained, the accession and full implementation of key international treaties, such as the Berne Convention, the treaties of the World Intellectual Property Organization (WIPO) – which establish common rights, obligations and standards for the protection of intellectual property – as well as the Paris Convention.
“The fact that Guatemala remains in the Watch List reflects persistent structural challenges, particularly in effective law enforcement, inter-agency coordination, and resource allocation.”
Waleska Sterkel de Ortiz, AmCham executive director
In addition, he highlighted the strengthening of standards in areas such as plant varieties under the framework of UPOV (International Union for the Protection of New Varieties of Plants).
The executive added that The ART also establishes the prioritization of criminal and customs actions against copyright and trademark infringements, and reinforces the importance of advancing institutional cooperation and the allocation of resources for effective implementation.
“As AmCham, we reiterate our willingness to continue working jointly with the public sector, through the Intellectual Property Committee, to promote concrete actions that allow us to advance these commitments, strengthen the rule of law and promote a more competitive, innovative and attractive environment for investment,” the executive emphasized.