AmCham warns of risks from U.S. surveillance on piracy and intellectual property failures

Guatemala finds itself once again on the U.S. Trade Representative's (USTR) Priority Watch List for 2025, a designation that serves as a stark warning regarding intellectual property rights. The Guatemalan-American Chamber of Commerce (AmCham) has issued a call to action, urging for a strengthening of the nation's institutions to address the persistent structural challenges that keep the country on this list. This continued presence signals potential risks to investment and the country's image, casting a shadow of legal uncertainty over intellectual property matters.

AmCham's executive director, Waleska Sterkel de Ortiz, emphasized that while Guatemala possesses a relatively robust legal framework for intellectual property, significant gaps remain in its effective implementation. Key areas of concern include product counterfeiting, the illicit trade of medicines, and digital piracy, particularly through IPTV services. Furthermore, delays in patent registration processes and a lack of specialized judicial expertise in intellectual property law continue to undermine legal certainty and deter investment.

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From 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 on the Watch List reflects persistent structural challenges, particularly in effective law enforcement, inter-institutional coordination, and resource allocation.

Guatemala was the sole country in the region to be included in this year's Watch List, underscoring the specific challenges it faces. The USTR report specifically points to relevant sectors such as clothing, sports footwear, accessories, pharmaceuticals, and signal piracy. AmCham acknowledges the binding obligations Guatemala has assumed under the Reciprocal Trade Agreement (ART) with the United States, which includes adherence to international treaties like the Berne Convention and WIPO treaties, as well as the Paris Convention. However, the focus now must shift from legal frameworks to rigorous enforcement to truly improve the situation.

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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 in intellectual property matters.