Overview of the Legal Framework

Bolivia’s intellectual property framework is mainly based on the following instruments:

• Andean Community Decision 486 (Common Regime on Industrial Property);

• Law on the Organisation of SENAPI (Supreme Decree No. 27938, 2004);

• Bolivian Copyright Law (Copyright Law No. 1322, 1992).

Competent authority:

• SENAPI (Servicio Nacional de Propiedad Intelectual)
  – responsible for the registration of trademarks, patents, industrial designs, geographical indications and copyright.

Bolivia is a member of WIPO, the PCT, the Madrid System, the Paris Convention, TRIPS and the Andean Community (CAN).

International Cooperation and Regional Integration

• As a member of WIPO, the PCT, the Madrid System, TRIPS, the Paris Convention and CAN, Bolivia applies a regionally harmonised framework;

• Within CAN, Decision 486 has direct effect in member states and provides a common legal regime;

• International trademarks can be filed designating Bolivia through the Madrid System;

• Bolivia has established technical cooperation with WIPO/OMPI, EPO and INPI Argentina;

• SENAPI is implementing the Digital Strategy 2025 to improve examination efficiency and transparency.

Trademark System

Filing Routes

• National applications can be filed directly with SENAPI for protection in Bolivia;

• International registrations may designate Bolivia through the Madrid System (Madrid Protocol, since 2021);

• All national filings are also subject to the harmonised rules under Andean Community Decision 486.

Classification

• Bolivia applies the Nice Classification;

• Each class must be filed in a separate application; multi-class applications are not available.

Examination Procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 8–12 months;

• Opposition period: third parties may file oppositions within 30 days from the publication date.

Use and Renewal

• Registration term: 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 3 consecutive years may lead to cancellation.

Examination Features

• Examination language: Spanish;

• The examination focuses on distinctiveness and conflicts with prior rights;

• Registration of collective marks and certification marks is possible.

Patent System

Types of Protection and Term

• Invention patent (Patente de Invención): 20 years from the filing date;

• Utility model (Modelo de Utilidad): 10 years from the filing date.

Examination Mechanism

• Invention patents are examined under a substantive examination system;

• The request for substantive examination must be filed within 6 months from the filing date;

• Average examination time is around 3–5 years.

International Routes

• Bolivia is a PCT contracting state (since 2013);

• PCT international applications may enter the Bolivian national phase for further examination;

• Examination standards follow the harmonised Andean Community regime under Decision 486.

Key Features

• Examination language: Spanish;

• The first-to-file principle applies;

• Granted patents must be maintained by the payment of annual renewal fees;

• Patents in the fields of pharmaceuticals, biotechnology and traditional knowledge are subject to specific regulatory limitations;

• Technical information is shared with regional databases, including those of Colombia and Peru, to support prior art searches.

Industrial Design Protection

Legal Basis

• Andean Community Decision 486, Articles 113–129.

Scope of Protection

• The external appearance of a product, including shape, configuration, patterns, ornamentation and colours;

• Applicable to designs for both industrial and handicraft products.

Term of Protection

• 10 years from the filing date, non-renewable.

Examination Procedure

• Examination period: approximately 6–9 months;

• Examination language: Spanish;

• Formal examination only; creativity and individual character are not fully assessed at the registration stage.

Key Features

• One registration is effective throughout Bolivia;

• Multiple designs may be combined in a single application, subject to the applicable requirements;

• Bolivia is not yet a member of the Hague Agreement on the international registration of industrial designs.