Bolivia – Latam Guideline

WIPO-administered Treaties: 

Contracting Party of the Madrid System: NO.

Trade Mark Law in force: 

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common Trademark Law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Trade Mark Act of 1918, which provides national complementary regulations to the Decision 486 of the Andean Community. 

Classification: 

Nice classification, 11th edition 

Multiclass Applications: 

Not possible. 

Registrable trademarks: 

Words, names, devices and other distinctive signs, including three-dimensional forms, colours, sounds, smells, slogans. 

Formal filing requirements: 

• Power of Attorney duly notarized and legalized within 60 working days from the official request. Unextendable.
• Certified copy of priority application and its translation into Spanish within 3 months from the filing application.  

Examination: 

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES. 

Opposition period: 

30 working days from publication date. 

Average time from filing to grant: 

Approximately 9 months, unless any obstacles were raised. 

Term of protection: 

10 years from the date of registration. 

Use requirements: 

YES. Cancellation can be requested if the trademark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible. 

WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): NO 

Patent Law in force: 

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000) 

Types of protection available: 

Patent of Invention; Utility Model, layout of integrated circuits, industrial secrets 

Formal filing requirements: 

• Power of Attorney:  Duly notarized and apostilled within 2 months from office action, deadline may be extended once for the same period. Additional local legalization may apply.
• Assignment document from the inventors: Duly notarized and apostilled, within 2 months office action, deadline may be extended once for the same period.
• Certified copy of priority application and translation:  within 16 months from priority date. 
• Sequence listings must be filed in WIPO Standard ST.26 format.

Filing of the patent application in a foreign language: 

Possible. Late submission of the Spanish translation is possible within the deadline to submit the priority document. (16 months from priority date)  

Substantive examination must be requested by the applicant: 

YES, within 6 months from publication. 

Observations by third parties: 

YES, within 60 working days from publication. 

Opposition: 

YES, within 60 working days from publication. 

Average time from filing to grant: 

5-6 years 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

10 years from filing date. 

Maintenance: 

Maintenance: During prosecution: yearly on anniversary date of filing.  

Compulsory licensing: 

YES 

WIPO-administered Treaties: 

Contracting Party of the Hague System: NO. 

Applicable Law: 

Decision 486 of the Andean Commission Community. 

Grace period for filing applications, from disclosure: 

6 months. 

Multiple design applications -one application for different embodiments-available: 

NO. 

Formal filing requirements: 

Power of Attorney:  Notarised and Apostilled. Can be filed 60 days from Office action. Possible extension of term.

Assignment document Notarized and Apostilled. Can be filed 60 days from office Action.

Certified Priority document (can be filed late within 9 months from original filing date). Mandatory Spanish translation.

Drawings or high quality pictures of the design in different views, there is no restriction on the number of views, however, the recommended views are: front, back, top bottom and a perspective view from the left and right side of the design.

The applicant must also include a description of the design. 

Locarno classification: 

YES. 

Deferred publication: 

NO. 

Opposition: 

YES, before granting, within 30 working days from the publication. Nullity process (before Patent Office) also available after granting. 

Average time from filing to grant: 

1-2 Years. 

Term of Protection and Maintenance: 

10 years from filing date. Currently, no annuity or maintenance fees are applicable.

Does it accept an administrative request for surveillance?

YES

Intellectual property rights protected through an administrative request for surveillance

Trademarks
Copyrights

Requirement to file for an application of an administrative request for surveillance

List and Registration of Trademarks
Certificate of Registrationc
PoA
Catalogs

Procedure (special aspects)

The trademark holder must file an administrative proceedings, filing a request for a precautionary measure before the SENAPI (trademark office) to proceed with the inspection of the goods and subsequent seizure of the same. Once the precautionary measure is granted, the trademark holder must formalize the measure at the border in order to continue with the investigation and obtain the destruction order, prior expertise.

Territory: Bolivia

Data Protection Regulations:

• Observation: Bolivia does not have a comprehensive data protection law, however, the telecommunications law 164 is in force, and the DS 1793 that regulates the use of personal data by natural or legal persons that provide services related to digital certification, e-government, free software, electronic mail and the use of digital documents and signatures in the Plurinational State of Bolivia.

Regulatory purpose: To regulate the access, use and development of Information and Communication Technologies – ICTs, within the framework of Title IV of Law No. 164 of 8 August 2011, General Law on Telecommunications, Information and Communication Technologies.

Parties:

• Data controller: YES, applies to entities regulated by the telecommunications law.
• Data Processor: No.
• Data Protection Officer: No.
• Supervisory Authority: Telecommunications Authority.

Principles: Finality; Truthfulness; Transparency; Security; Confidentiality.

Obligations:

• Register of Processing Activities: No.
• Impact Assessments: No.
• Risk analysis: No.
• Technical and organisational security measures: Yes.
• Duty to inform: Yes.
• Data Protection Officer: No.

Data subjects’ rights:

• Right of Access: Yes.
• Right of rectification: Yes.
• Right of Suppression: Yes.
• Right to limitation: No.
• Right to portability: No.
• Right to object: Yes.
• Automated individual decisions, including profiling: No.

International transfers: No.

Penalty regime: Administrative Penalties of three hundred and sixtieths (1/360) of 1% of the gross income of the offender.

Certification or accreditation of compliance for companies: No.