Industrial Designs Law in Bolivia
Here’s an overview of industrial designs law in Bolivia:
🇧🇴 Industrial Designs Law in Bolivia
🔹 Governing Law
Industrial designs in Bolivia are protected under the Industrial Property Law No. 1322, enacted in 1992.
The law covers patents, trademarks, industrial designs, utility models, and other intellectual property rights.
Administered by the National Service of Intellectual Property (SENAPI - Servicio Nacional de Propiedad Intelectual).
Bolivia is a member of international treaties including:
Paris Convention
Patent Cooperation Treaty (PCT)
TRIPS Agreement
Bolivia is not a member of the Hague Agreement for industrial designs.
🔹 What Can Be Protected?
Protection is granted for the appearance or aesthetic aspects of a product.
Includes:
Lines
Contours
Colors
Shapes
Textures
Materials used
The design must be new and original.
Functional or technical features alone are excluded.
🔹 Registration Process
Application: Submit to SENAPI with:
Graphic representations (drawings or photographs) of the design.
Description of the product.
Formal Examination: SENAPI reviews the application for completeness.
Substantive Examination: Checks for novelty and originality.
Publication: The application is published in the Industrial Property Bulletin.
Opposition Period: Third parties may file oppositions.
Registration: Upon approval and expiration of opposition, registration is granted and a certificate issued.
🔹 Duration and Renewal
Protection lasts for 10 years from the filing date.
The registration cannot be renewed beyond the initial 10 years.
🔹 Rights Granted
Exclusive right to use the design.
Right to prevent unauthorized manufacture, use, or sale of products bearing the design.
Rights can be licensed or assigned.
🔹 Enforcement
Enforcement of industrial design rights is through Bolivian courts.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Hague Agreement | Not a member |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Industrial Property Law No. 1322 |
| Authority | National Service of Intellectual Property (SENAPI) |
| Duration | 10 years, no renewal |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | Bolivian courts |
| International treaties | Paris, TRIPS |
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