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Latin America IPR SME Helpdesk IP Factsheet: Bolivia

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Guide Last Updated 2015

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Disclaimer:The Latin America IPR SME Helpdesk is a free service which provides practical, objective and factual information aimed to help European SMEs understand business tools for developing IPR value and managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained therein.

© 2016 – Latin America IPR SME Helpdesk - A project funded by the European Union’s COSME Programme (2014-2020).

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ABOUT LATIN AMERICA IPR SME HELPDESK:The Latin America IPR SME Helpdesk offers free of charge, first-line support on IP and IP rights matters to facilitate the expansion of European SMEs (EU SMEs and SMEs from the Associated countries) already established at, or working with entities in Latin America as well as those potentially interested in establishing commercial and R&D activities and ventures in these countries.

SERVICESHelpline: Ask our experts any IP related questions in Latin America! We provide professional IP advice – customized, straightforward, and free of charge. Our Experts will answer your question within three working days.

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GDP in 2014: € 25, 9 billion (Source: DG Trade)Annual Growth Rate in 2014: 5.5% (Source: World Bank) EU exports in goods to Bolivia 2014: € 750 million (Source: DG Trade)EU imports in goods from Bolivia 2014: € 552 million (Source: DG Trade)Total trade in goods: € 1,302 million (Source: DG Trade)

B. Key INDUSTRY SECTORS:

According to information from the International Monetary Fund (IMF), the Bolivian Annual Growth Rate of 2014 has placed the country as the leader of economic growth in South America, above Peru, Chile or Brazil. During the last years the internal demand for products, industry and construction as well as tourism have fostered the economic growth of the country.

Bolivia is rich in natural resources and depends substantially on them. Despite the recent global downfall of raw materials’ prices, hydrocarbon extraction as well as zinc, silver and lead mining remain the main sources of income for the country. Bolivia is also one of the world’s major producers and exporters of quinoa and soybeans and its derivatives.

The largest lithium reserves around the globe are located in Bolivia, in the vast salt flats known as the “Salar de Uyuni”. The government is in the process of setting up a plant to produce lithium-ion batteries, which are used for mobile phones and electric cars.

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THE FACTS: Business Facts in Bolivia for EU Companies

A. SIZE of Market B. Key INDUSTRY SECTORS

IPR in Bolivia for SMEs: BACKGROUND

A. Intellectual Property Rights for SMEs: Why is this relevant to you?B. How does Bolivia's IP legal framework compare to INTERNATIONAL STANDARDS?

IP Rights in Bolivia: THE BASICS

A. Copyright and related rightsB. Patents and Utility Models C. ndustrial Designs D. TrademarksE. Appellations of origin

Using CUSTOMS to Block Counterfeits.

ENFORCING your IPRs

RELATED LINKS and Additional Information

GLOSSARY

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1. THE FACTS: Business in Bolivia for EU SMEs

750552

1,302

A. SIZE of Market:

Even though IP Legislation enjoys a certain degree of international harmonization, Bolivia has some differences with EU Legislation. This Factsheet aims to stress such differences concerning Copyright, Patents, Industrial Designs, Trademarks and Appellations of Origin.

B. How does Bolivia's IP legal framework compare to INTERNATIONAL STANDARDS?

Bolivia is a member of the Andean Community (CAN), currently composed of Bolivia, Colombia, Ecuador and Peru. CAN’s scope includes areas such as customs, democracy, education, environment, energy, investment, trade in services, and Intellectual Property.

Bolivia’s IP framework is composed of:

• theAndeanCommunity regulationsknownas “Decisiones”which are also recognized in the national Constitution and have preferential and direct application above other laws

• Treaties,AgreementsandConventionsratifiedbythecountry• andnationallaws

The main IPR-related Decisions in Bolivia are: Decision No. 391 Establishing the Common Regime on Access to Genetic Resources, Decision No. 351—Common Provisions on Copyright and Neighbouring Rights and Decision 486—Common Provisions on Industrial Property.

The institution in charge of IP matters in Bolivia is the National Service of Intellectual Property (SENAPI).

Bolivia is a member of the following international Conventions and Agreements:

• ParisConventionfortheProtectionofIndustrialProperty(moreinformation here)

• AgreementonTrade-RelatedAspectsof IntellectualPropertyRights (TRIPS) (more information here)

• ConventiononBiologicalDiversity(moreinformationhere)• InternationalConventionfortheProtectionofNewVarietiesof

Plants(UPOV-1978act)(moreinformationhere)• BerneConvention(moreinformationhere)• RomeConvention(moreinformationhere)• World IntellectualPropertyOrganization (WIPO)Convention

(more information here)• WIPOCopyrightTreaty(WCT)(moreinformationhere)• WIPOPerformancesandPhonogramsTreaty (WPPT) (more

information here)

Since March 2013, Peru is provisionally applying the bilateral EU- Peru Trade Agreement (signed in June 2012) which includes specific provisions on IPRs.

LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA1

In 2014 the EU's main exports to Bolivia were heat exchangers, gas turbines, machinery and transport equipment, mostly destined for the hydrocarbon sector and the sugar and construction industries. Food and livestock imports have experienced an important increase on the Bolivian market.

2. IPR in Bolivia for SMEs: BACKGROUND

A. Intellectual Property Rights for SMEs: Why is this relevant to you?

Intellectual Property (IP) refers to any creation, invention or sign, which can be used in commerce and is bound to its creator or inventor, capable of generating profits for its creator, inventor or right holder. Hence, it must be considered as part of the main assets in a company or industry. IP is usually divided into two branches, namely Industrial Property, which relates to inventions, designs or signs used in commerce; and Copyright (or ‘author’s right’, according to non-English definitions), which relates to literary and artistic works.

Intellectual Property Rights (IPR) are exclusive rights granted by a National Authority that allows the right holder to prohibit any unauthorized use or exploitation of their creations, inventions or signs by third parties. The referred exclusive right is temporary and will differ depending on the IPR.

The importance of IPR therefore lies in the possibility to generate assets for the companies based on the exploitation of the exclusive right granted and also the protection against unfair competitive practices.

In other words, IPRs allow SMEs to turn their intangible assets into tangible rights that can be transferred, licensed or used as collateral to obtain financing.

The creation and protection of most IPRs, namely copyrights, trademarks or industrial designs, does not involve a big investment of resources compared with the advantages that it can bring, whereas the development and protection of inventions (Patents) tend to be more expensive. In both cases SMEs could benefit from the right protection, management and exploitation of their IP Rights since they:

• May help to differentiate from competitors• Constitute a strong basis to build a goodwill in the market• Generate income through other business models such as

licensing or franchising• Could be even more important than tangible assets (e.g. Coca

Cola, Apple, Google)• Preventing third parties from using its names, inventions,

creative works…

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According to the 301 US Special Report, Bolivia remains on the Watch List despite the relatively advanced IP legal framework and increasing figures of IPR registrations due to enforcement deficiencies, such as:

• Longdelaysincivilsuits• Publicprosecutorsrarelyfilecriminalcharges• Customsauthoritieslackresources

One of the main problems that EU companies will face in Bolivia is that the fees for foreigner companies are twice the Bolivian companies’ fees.

3. IP Rights in Bolivia: THE BASICS

A. Copyright and related rights

What are Copyright and Related Rights?

Copyright protects original intellectual creations of literary, artistic or scientific nature (“works”). Some examples of works that can be protected by Copyright are: books, documents, websites, drawings, software or scientific papers.

Related rights protect the right of those persons that – without being authors- somehow contribute to the creation, embodiment or communication of the work. Some examples are the musician that plays in a concert, an actor or the editor of a book.

As in Europe, Copyright in Bolivia is split into two groups of rights:

• Economic rights, derived from the property of a protected work, grant the author (or owner) the right to prevent third parties from: communicating to the public, reproducing, distributing and transforming the work. Economic rights can be transferred or licensed in order to allow third parties to exploit the work.

• Moral rights are personal rights of the author that cannot be transferred and include mainly the right to be recognized as author, the right to decide to publish the work and the right to the integrity of the work. These rights are inalienable and non-transferrable.

Bolivian legislation distinguishes between the author and the Copyright holder. The author is the person who creates and owns both moral and economic rights, whereas the Copyright holder is

the natural or legal person that owns all or part of the economic rights over the work by virtue of law (e.g. a work developed by an employee) or a contract (e.g. transfer of rights by the author to an editor).

HOW LONG does legal protection last?

Economic rights shall be protected for a period of 50 years counted from the author’s death (the minimum duration according Berne Convention), which is shorter than the average protection term in Europe (70 years). After this period, the works will fall into the Public Domain.

Please note that, if you want to commercially exploit works in the Public Domain in Bolivia you must pay a fee to the Bolivian Government (between 10% and 50% of an average license, taking into account the type of work).

HOW do I register?

Applications for the registration of copyright works must be submitted to the National Copyright and Neighbouring Rights Department of SENAPI.

SENAPI also allows for the registering of private agreements such as licenses or transfer of rights. Although not mandatory registration will provide you with proof of such agreements and its content and this may be very useful in certain circumstances such as an IP dispute or when applying for financing.

INTERNATIONAL REGISTRATIONSBolivia is not a member of the Madrid Protocol, nor the Patent Cooperation Treaty or the Hague Agreement. Therefore if your company is interested in applying for a Trademark, Patent or Design, it will not be able to extend its international registration to Bolivia. In these cases a national IPR registration will be needed.

COPYRIGHT REGISTRATIONAccording to the Berne Convention the work will be protected by Copyright from its creation. Therefore Copyright registration at SENAPI is not mandatory.

Each type of work has specific requirements for their registration. General requirements are:

• Letter to the Director of the National Copyright and Neighbouring Rights Department specifying the name and type of work

• Specific form according the type of work• Proof of payment of the fees to SENAPI (account number:

1-4668220 SENAPI BANCO UNION)• Proof of payment of the fees (account number: 1-293633

BANCO UNION)• Simple copies of author/holder/applicant ID card• Power of attorney (in the event of representation by a third

party)

For further information regarding the above we suggest you visit: www.senapi.gob.bo/Requisitos.asp?lang=ES

The registration procedure is very fast as it only takes 10 working days if there are not formal observations from SENAPI.

WHICH languages could I use?

Copyright applications must be submitted in Spanish. A sworn translation of any other documents issued in a foreign language is mandatory.

WHO can register?

Any natural or legal person can submit the application. Considering that Bolivia does not allow online applications, the application for registration must be delivered in person at SENAPI’s office. For notification purposes, all applicants must have a valid domicile in the country.

In the case of heirs, legatees and successors, they must present relevant documents as proof of their rights to be able to apply for registration.

It is not mandatory to appoint a representative, but legal persons must send a copy of their articles of incorporation to SENAPI. If you do decide to appoint an attorney, take into account that he/she must be domiciled in Bolivia.

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REGISTRATION TIPS Copyright registration in Bolivia is under the “administrative informality principle”, which entails a certain degree of flexibility in the examination of the application´s formal requirements. However, it is highly advisable to check with the National Copyright and Neighbouring Rights Department that you have fulfilled the requirements prior to submitting the form. This will avoid you delays in the registration process.

Novelty: An invention shall be considered new when it is not included in the state of the art. The state of the art comprises everything that has been made available to the public by written or oral description, by use or marketing or by any other mean prior to the filing date of the patent application or, where appropriate, the claimed priority date (see Glossary) (as stated in article 16 of Decision 486).

Inventive step: An invention shall be regarded as involving an inventive step if, for a expert with average skills in the technical field concerned, the said invention is neither obvious nor obviously derived from the state of the art (as stated in article 18 of Decision 486).

Industrial applicability: An invention shall be regarded as industrially applicable when its subject matter may be produced or used in any type of industry. Industry should be understood in a wide sense including any productive activity or services (as stated in article 19 of Decision 486).

In the case of Utility Models the applicant should demonstrate that the invention has a new use, advantage or technical effect (novelty). Hence, it is not necessary to demonstrate any inventiveness (inventive step).

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HOW much does it cost?

B. Patents and Utility Models

There are two kinds of protection for inventions: patents and utility models.

WHAT do you need to know?

Bolivia provides for two main types of IPRs to protect technical solutions to problems (inventions).

Patents, to protect those technical solutions that consist in a process (e.g. a process to improve wood slicing) or a substance (e.g. a new type of glue or an automated syringe).

Utility models, to protect minor inventions, namely any new shape, setting or layout that provides a new effect or leads to an improvement on its use (e.g. an improved mechanic tool or a waste container that prevents direct access to its content).

Almost all of the provisions related to Patents in Bolivia are fully applicable to Utility Models, except

for a few (scope, duration and proceedings). These differences are highlighted below

In order to have access to Patent protection, your invention must fulfil the following requirements:

LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA

Fees Foreigner author or holder

National author or holder

Thesis + Publication* € 33,94 € 20,36

Books + Publication* € 61,09 € 33,94

Other writings + Publication* € 20,36 € 13,57

Artistic Works (Musical, Dramatic, Choreographic or pantomime, Drawing, painting and others) + Publication*

€ 33,94 € 20,36

Cinematographic + Publication* € 47,52 € 27,15

Computer or computing programs (software) + Publication* € 47,52 € 27,15

Registration of Contracts and other acts € 13,57 € 6,78

Functioning authorization for Societies for the collective administration - € 135,778

Annual update for Societies for the collective administration - € 65,17

Copyright certifications € 6,78 € 6,78

Copyright legalized copies € 6,78 € 6,78

Administrative conciliation record € 6,78 € 6,78

*Publication is mandatory

HOW LONG does legal protection last?

Patent protection lasts 20 years from the filing date and takes more than two years to register it, whereas for Utility Models protection lasts 10 years from the filing date and the granting procedure usually takes more than a year.

HOW do I Register?

Application procedures in Bolivia start with the application and are split into two parts: APPLICATION:

You should file an application with SENAPI including the following information:

• Letter addressed to SENAPI's Director of Industrial Property Department

• Application form• Description of the invention • Patent claims • Drawings • Abstract • Proof of payment of the fees to SENAPI (account number:

1-4668220 SENAPI BANCO UNION)• Proof of payment of the publication fees to the Official Gazette

of Bolivia (account number: 1-293633 BANCO UNION)• Priority (See glossary) • Power of attorney (where applicable)• Assignation of the right (where applicable)

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RIGHT OF PRIORITYAny European SME that had previously filed an IPR application in any of the 176 members of the Paris Convention may benefit from the right of priority in Bolivia.

The right of priority allows the applicant to keep the date of application from its first national application (priority date) as the date to be taken into account in further applications, subject to the fact that such applications are filed:

• Within6monthsaftertheprioritydateforTrademarksand Designs

• Within12monthsafter theprioritydate forPatentsand Utility models

EXAMINATION AND GRANTING:

Patents: 18 months after the filing date the application will be published in the Official Gazette of Bolivia and SENAPI will conduct the substantive examination “examen de patentabilidad”. The applicant can request an early publication before the 18 months deadline expires. In both cases, bear in mind that the publication and examination fees have to be paid.

After publication, third parties have 60 working days to oppose the Patent application. The opposition should be based on the lack of fulfilment of Patent requirements (e.g. lack of novelty/ inventiveness or the patent incurs in a legal prohibition).

Utility models: SENAPI does not perform a substantive examination and there is no opposition period, therefore the application will be published once granted.

WHICH languages could I use?

Patents and Utility Models applications must be submitted in Spanish, a sworn translation of any other documents issued in a foreign language is mandatory.

WHO can register?

Any natural or legal person can apply for Patent and Utility Model registration. The application must be filed in person at SENAPI's offices since SENAPI does not process online applications.

For notification purposes, all applicants must have a valid domicile in the country.

Appointing a representative is not mandatory, however legal persons must send a copy their articles of incorporation to SENAPI. If you do decide to appoint an attorney, take into account that he/she must be domiciled in Bolivia.

Bolivia provides for a Grace Period during which public disclosure of an invention (under certain conditions) would not affect the validity of a subsequent Patent application, provided that a complete application is filed within 12 months from the disclosure. If you want to know more about the Grace Period in Bolivia please contact our Helpline.

Consider that European countries do not provide for a Grace Period prior to designing your own international protection strategy.

GRACE PERIOD!

HOW much does it cost?

C. Industrial Designs

What are Industrial Designs?

Industrial Designs protect the appearance of products –not the product itself- that results from any arrangement of lines, or combination of colours, or any two-dimensional (2D) or three-dimensional (3D) outward shape, line, outline, configuration (e.g. the external appearance of a car’s seat) texture or material.

WHAT do you need to know?

In order to register a design as an “Industrial Design” in Bolivia, it should be new before the filing date. In other words, the design should not have been made available to the public in any place by any means such as description, use or marketing.

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HOW LONG does legal protection last?

Contrary to Europe (5+5+5+5+5 years) Industrial Designs in Bolivia last 10 years from the filing date of the application.

HOW do I Register?

You must submit your application to SENAPI’s office, including the following:

• Letter addressed to SENAPI's Director of Industrial Property Department

• Application form• Drawings • The Design in electronic format• Proof of payment of the fees to SENAPI (account number:

1-4668220 SENAPI BANCO UNION)• Proof of payment of the publication fees to the Official

Gazette of Bolivia (account number: 1-293633 BANCO UNION)• Priority (See glossary) • Power of attorney (where applicable)• Transfer of the right (where applicable)

After the formal examination, the application will be published in the Official Gazette of Bolivia. Once published, third parties have

LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA

Fees Foreigner natural or legal person

Natural or legal person

Patent application + Publication €131,93 €79,16

Substantive Examination €131,93 €65,96

Utility models application+ Publication €118,74 €72,56

Second part, substantive patent examination €131,93 €65,96

Patent annual fees €131,93 €65,96

Searching in Inventions and New Technologies €26,38 €13,19

TIPS and WATCHOUTSPrevent jeopardizing your own design’s novelty by registering it before any type of disclosure.

TIPS and WATCH OUTSEven though it is not mandatory, hiring an IP expert during the application process would be very useful to draft your patent application and manage the file.

30 working days to present their oppositions to the Design. Like Patents, oppositions against Designs should be based on the lack of fulfilment of the registration requirements.

WHICH languages can I use?

Industrial Design applications must be submitted in Spanish. A, sworn translation of any other documents issued in a foreign language is mandatory.

WHO can register?

Any natural or legal person can apply for Industrial Design registration. The application must be filed in person at SENAPI's offices since SENAPI does not process online applications.

For notification purposes all applicants must have a valid domicile in the country.

Appointing a representative is not mandatory, however legal persons must send a copy of their articles of incorporation to SENAPI. If you finally decide to appoint an attorney, take into account that he/she must be domiciled in Bolivia.

HOW much does it cost?

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D. Trademarks

What does it protect?

Any sign capable of distinguishing goods or services on the market. The sign can consist in: words, images, figures, sounds, aromas, letter, numeral, a colour or colour combination (with certain limits), a tactile sign, the shape of goods or any combinations of the former.

What do you need to know?

Andean legislation on Trademarks (Decision 486) requires that the sign is capable of being graphically represented. In Europe, the new Trademarks Directive 2015/2436 has removed the graphic representation requirement.

The Andean legislation also establishes that Trademarks shall not protect signs that (grounds of refusal):

• “lack of distinctiveness” in relation to the protected service or product (e.g. “chocolate” for sweets)

• consist in the usual shape of goods• consist in general statements used in the course of trade (e.g.

the best, the most valuable, etc.) • may cause confusion or deception to the public or the

concerned business sector

In addition, a Trademark cannot conflict with third parties’ rights such as prior Trademarks, Copyright or Industrial Design.

Unfortunately, Bolivia does not provide free access to its Trademark database. Hence, if you want to assess if the trademark you want to register is already registered (preliminary search) you will have to request it to SENAPI. Its cost is 20 euros for foreigners and 10 euros for Bolivian citizens/ companies.

FeesForeigner natural or

legal person

National natural or

legal person

Industrial Design application + Publication

€105,55 €65,96

Publication is mandatory

CAN TRADEMARKSAlthough the Andean Community does not provide for a unitary Community Trademark, as in the European Union, Trademark owners in at least one CAN´s Member State may benefit from the right to oppose the registration to any similar/identical Trademark application in any of the other Member States, subject to:

1) The proof that there is a legitimate interest in that country

2) Apply for the prior Trademark in the second CAN Member State

LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA

HOW LONG does legal protection last?

The term of protection of a trademark is 10 years from the granting date and may be renewed for successive 10-years periods.

Registration in Bolivia takes around 8 months and may extend to more than a year if there are oppositions.

HOW do I Register?

You must submit your application to SENAPI’s office, including the following:

• Letter addressed to SENAPI's Director of Industrial Property Department

• Application form• Proof of payment of the fees to SENAPI (account number:

1-4668220 SENAPI BANCO UNION)• Proof of payment of the publication fees to the Official

Gazette of Bolivia (account number: 1-293633 BANCO UNION)• Priority (see glossary) • Power of attorney (where applicable)• Transfer of the right (where applicable)

After the formal examination your application will be published in the Official Gazette of Bolivia. The publication allows any person with a legitimate interest to file a grounded opposition (within 30 working days) against your Trademark application.

Whether or not an opposition has been filed, SENAPI will conduct its own examination “examen de registrabilidad” based on the grounds of refusal or Trademark requirements (e.g. lack of graphical representation requirement).

WHICH languages can I use?

Trademarks applications must be submitted in Spanish. A sworn translation of any other documents issued in a foreign language is mandatory.

WHO can register?

Any natural or legal person can apply for Trademark registration. The application must be filed in person at SENAPI's offices since SENAPI does not process online applications.

For notification purposes all applicants must have a valid domicile in the country.

Appointing a representative is not mandatory, however legal persons must send a copy of their articles of incorporation to SENAPI. If you do decide to appoint an attorney, take into account that he/she must be domiciled in Bolivia.

If your company is considering registering more than one Trademark in Bolivia, we recommend depositing your Power of Attorney with SENAPI to cut expenses. By means of this deposit it is possible to attach an original power of attorney –or a legalized copy- with the first Trademark application, and then attach simple copies of the same document for the following applications including the code number assigned to the first one. This deposit will only be valid in cases where the applicant is the same legal person.

HOW much does it cost?

Bolivia only allows submitting one Trademark per class of Nice Classification for each application (Single-class system). Therefore, if you want to register your Trademark in Bolivia for products or services from different classes you will need to apply for a Trademark for each of the classes.

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LICENSES REGISTRATIONTrademark Licensing Agreements can be registered with SENAPI. The registration is not a condition for the validity of the Agreement but failure to register it may render the Agreement unenforceable against third parties (i.e. the contract only will have effect between the signatory parties).

LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA

SENAPI has signed an agreement with Pro-Bolivia (a governmental institution that promotes Bolivian exports) that will benefit all artisans, micro and small-sized enterprises established in Bolivia. By virtue of this agreement, the application fees for a Trademark registration are reduced by 30% as long as they present the registration form THROUG Pro-Bolivia.

E. Appellations of origin

What is an Appellation of origin?

An Appellation of Origin (AO) is the name of a particular country, region or place or a name, which is used to identify a product originating therein when its quality, reputation or other characteristics are exclusively or essentially due to the geographical environment in which it is produced, including both natural and human factors.

Appellations of origin in BOLIVIA: What you need to know

Appellations of Origin are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts and industrial products.

Applications for the declaration of protection of an appellation of origin must be submitted at SENAPI's offices. Further information regarding special requirements can be found at: www.senapi.gob.bo/index.asp.

Bolivia is not a member of the Lisbon System, which enables the obtention of protection of a Geographical Indication/Appellation of Origin among the contracting parties of the Lisbon Agreement through a single registration.

If an AO already exists in Europe, you may request the recognition of this AO instead of requesting a new AO declaration.

HOW LONG does legal protection last?

As determined by SENAPI, the validity of the declaration of protection of an Appellation of origin is subject to the continuity of the conditions on which it was based.

WHICH languages can I use?

Appellation of origin applications must be submitted in Spanish. A sworn translation of any other documents issued in a foreign language is mandatory.

WHO can apply?

The declaration of an AO can be made by the SENAPI on its own, or upon request of the parties concerned. It can be requested either by a natural person or a legal entity such as an association of producers, States or Regions directly engaged with the extraction, production or processing of the product protected by the Appellation of origin.

HOW much does it cost?

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FeesInternational

natural or legal person

National natural or

legal person

Prior trademark search € 19,79 € 09,89

Trademark application + Publication

€ 224,29 € 125,34

Trademark renewal application

€ 131,93 € 65,96

Cancellation of registration € 52,77 € 26,38

License for use application € 65,96 € 32,98

Invalidity for registration € 52,77 € 26,38

Opposition + notification € 72,56 € 39,58

Appeals + notification € 13,19 € 13,19

Publication is mandatory

Any use of Appellations of Origin by an unauthorized person that creates confusion might be considered as an infringement of industrial property rights and will be punishable.

TIPS and WATCH OUTS!

Fees Cost

AO declaration € 65,96

Recognition of protection of a AO for Andean Community members

€ 131,93

Recognition of protection of a AO for not Andean Community members

€ 263,87

10LATINAmeRICA IPRSmeHeLPDeSk- IPFACTSHeeT: BOLIVIA

4. Using CUSTOMS to Block Counterfeits.

By law, and at SENAPI's request, the National Customs Office (ANB) is entitled to stop any import, which allegedly infringes IPRs.

Your request must be submitted in paper to SENAPI and must have a detailed and accurate description of the alleged infringing goods. Your description should include:

• NameoftheIPRinfringed• manufacturerinformation• NameofdistributorandimporterinBolivia• AddressofthedistributorandimporterinBolivia• Addressof the infringinggoodsdepotwhere theycouldbe

found• Datesofentryintothecountry• Thequantityofthemerchandiseaffectedbythesuspension• Legalrepresentativeinthecountry• Whereapplicable, informationoftheexporterandconsignee

of the merchandise

SENAPI will notify Customs Authorities that will suspend the clearance of goods.

Within 10 business days you must provide SENAPI with enough evidence of the infringement. If you fail to provide this proof, Customs will lift the suspension and the goods will enter into the market.

If the infringement is confirmed, Customs and SENAPI may order the destruction or seizure of the infringing goods.

5. ENFORCING your IPRs

Bolivian legislation has two different ways to enforce IPRs: (i) criminal prosecution and (ii) administrative actions.

Through administrative procedures (before SENAPI) you may request:

a) The immediate cessation of the acts constituting the alleged infringement

b) Goods’ withdrawal from commercial channels resulting from the infringement

c) Prohibition of the goods’ import or exportd) The adoption of necessary measures to ensure that the

infringement does not continue or relapse

Before tribunals you may claim:

a) Damages compensation according to their request (civil court)b) Crimes against copyright (criminal court)c) Violationofinventionprivilege(criminalcourt)

6. RELATED LINKS and Additional Information

National Service of Intellectual Property of Bolivia (SENAPI) http://www.senapi.gob.bo

World Intellectual Property Organization (WIPO) http://www.wipo.int/portal/en/index.html

Andean Community (CAN) http://www.comunidadandina.org/

Bolivian Economy Ministry http://www.economiayfinanzas.gob.bo/

National Institute of Statistics (INE) http://www.ine.gob.bo/

Customs National Office of Bolivia (ANB) http://www.aduana.gob.bo/aduana7/

International Monetary Fund (IMF) http://www.imf.org/external/index.htm

The World Bank http://data.worldbank.org/country/bolivia

European Commission http://ec.europa.eu/trade/index_en.htm

European Union Delegation in Bolivia http://www.eeas.europa.eu/delegations/bolivia/index_es.htm

7. GLOSSARY

Right of priority: Whenever a person from a signatory country of the Paris Convention files a national application for a patent or industrial design in any of the 176 members, the date on which the first application was filed is established as the date of priority for any future application in any of the members, provided that subsequent applications are applied for within twelve months of the first application.

In order not to damage the interests of the suspected infringer, SENAPI may request you to provide sufficient security or guarantee before granting any suspension.

TIPS and WATCH OUTS!

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ADDRESS (2): Avenida Eugenio Garza Lagüera & Rufino Tamayo, Valle Oriente, San Pedro Garza García, 66269, Nuevo León, México TEL: +52 (81) 86256000 E-MAIL: mexico@latinamerica-ipr-helpdesk.eu WORKING HOUR: 9h00-17h30 (GMT-5) CHILE ADDRESS: Galvarino Gallardo 1690, Providencia, Santiago TEL: (56-2) 2 787 8422 – 2 787 8400 E-MAIL: chile@latinamerica-ipr-helpdesk.eu WORKING HOUR: 9h30-18h30 (GMT-3)

Latin America IPR SME Helpdesk IP Factsheet: Bolivia

Download guide:

Guide Last Updated 2015

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Disclaimer:The Latin America IPR SME Helpdesk is a free service which provides practical, objective and factual information aimed to help European SMEs understand business tools for developing IPR value and managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained therein.

© 2016 – Latin America IPR SME Helpdesk - A project funded by the European Union’s COSME Programme (2014-2020).

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European Union

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