Trade Secrets Law in Bolivia
Here’s an overview of Trade Secrets Law in Bolivia:
🇧🇴 Trade Secrets Law in Bolivia
1. Legal Framework
Bolivia does not have a specific statute exclusively dedicated to trade secrets.
Protection of trade secrets is primarily governed by:
Industrial Property Law No. 1322 (1992, amended 2010)
Law on Protection Against Unfair Competition (Law No. 164, 2010)
General Civil Code provisions on confidentiality and contracts
Bolivia is a member of the WTO and thus bound by the TRIPS Agreement, which requires protection for undisclosed information and trade secrets.
2. Definition and Protection
Trade secrets are recognized as any technical, commercial, industrial, or financial information that is secret, has commercial value, and is subject to reasonable measures to keep it confidential.
Protection covers formulas, processes, methods, plans, customer lists, and other business information that gives a competitive advantage.
3. Applicable Laws and Provisions
| Law / Regulation | Description |
|---|---|
| Industrial Property Law No. 1322 | Covers intellectual property rights but does not explicitly separate trade secrets; protection mostly indirect. |
| Law No. 164 on Unfair Competition | Prohibits acts such as unauthorized disclosure or use of trade secrets. |
| General Civil Code | Provides contractual and tort remedies for breach of confidentiality. |
4. Protection Mechanisms
Contractual safeguards: NDAs and confidentiality clauses in employment and business contracts.
Civil liability: Claims for breach of confidence and unfair competition.
Criminal sanctions: Possible under certain circumstances for trade secret theft or industrial espionage.
Administrative enforcement: Through the Bolivian Intellectual Property Service (SENAPI) for related IP matters.
5. Enforcement
Enforcement of trade secrets relies on civil courts for damages and injunctions.
Criminal courts may handle theft or misappropriation cases if they meet legal criteria.
SENAPI provides administrative support for IP rights but does not directly enforce trade secrets.
6. International Treaties
| Treaty / Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member; trade secret protection required |
| Paris Convention | Member |
| WIPO Membership | Member |
7. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | None; protection via unfair competition, civil code, IP laws |
| Protection basis | Confidentiality, contracts, unfair competition |
| Enforcement | Civil and criminal courts; administrative support via SENAPI |
| International obligations | WTO/TRIPS, Paris Convention |
RELATED Blog
0 comments