Trademarks Law in Bolivia
Certainly! Here's a comprehensive overview of trademark law in Bolivia:
π§π΄ Trademark Law in Bolivia
π Governing Legislation:
Decision 486 of the Andean Community (CAN): Common Intellectual Property Regime
Bolivian Intellectual Property Law is aligned with this supranational legal framework.
Administered by:
SENAPI β Servicio Nacional de Propiedad Intelectual (National Intellectual Property Service)
π What Is a Trademark?
A trademark in Bolivia is defined as any sign capable of distinguishing goods or services in commerce. This includes:
Words or combinations of words
Images, symbols, logos
Letters, numbers, and colors
Three-dimensional shapes
Sounds and scents (if distinctive)
Holograms, motion marks, and trade dress (under some conditions)
π Trademark Registration:
Registration is mandatory to obtain protection and exclusive rights.
Applications are filed with SENAPI and must include:
A clear representation of the mark
List of goods/services (based on Nice Classification)
Payment of fees
π Registration Requirements:
The trademark must be distinctive
It cannot be misleading, immoral, or similar to existing marks
It must not infringe earlier rights (conflicts with existing trademarks, well-known marks, or geographical indications)
β³ Duration of Protection:
10 years from the date of registration
Renewable indefinitely for successive 10-year periods
Non-use for 3 consecutive years can result in cancellation (unless justified)
π‘οΈ Rights Conferred by Registration:
Exclusive right to use the trademark in connection with the registered goods or services
Right to oppose conflicting applications
Right to license or assign the trademark
Right to enforce the trademark in courts or through administrative action
βοΈ Enforcement and Remedies:
Bolivia provides civil, administrative, and criminal remedies for trademark infringement:
Cease and desist orders
Seizure/destruction of infringing goods
Damages for economic loss
Criminal penalties in serious cases
SENAPI handles administrative disputes; courts handle judicial actions
π International Treaties:
Bolivia is a party to:
Andean Community (CAN), Decision 486 (binding)
Paris Convention for the Protection of Industrial Property
WTO TRIPS Agreement
WIPO (World Intellectual Property Organization)
Nice Agreement (classification of goods and services)
Note: Bolivia is not a member of the Madrid System for international trademark registration.
π Summary Table:
| Aspect | Details |
|---|---|
| Law | CAN Decision 486 & Bolivian IP Law |
| Office | SENAPI (Servicio Nacional de Propiedad Intelectual) |
| Protection Basis | Registration required |
| Duration | 10 years, renewable |
| Non-Use Period | 3 years (risk of cancellation) |
| Rights Granted | Exclusive use, enforcement, licensing |
| Enforcement | Civil, criminal, administrative remedies |
| International Treaties | Paris Convention, TRIPS, WIPO, CAN Decision 486 |
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