Bolivia continues to express its intention to protect IP, though in practice this is rarely the case.  Challenges continue with respect to adequate and effective intellectual property (IP) protection and enforcement in Bolivia.  The Office of the United States Trade Representative released its 2023 Special 301 Report on Intellectual Property Protection and Enforcement.  Bolivia is one of twenty trading partners on the Watch List which “merit bilateral attention to address underlying IP problems.”

IP laws in Bolivia are outdated, and constitutional restrictions limit effective IP protection.  Bolivia has not acceded to the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty and WIPO Copyright Treaty, collectively known as the WIPO Internet Treaties.  In addition, Bolivia relies on a century-old industrial privileges law, rather than any specific law governing industrial property.  Bolivia underfunds the protection of IP.  SENAPI has the primary responsibility involving IP protection but continues to suffer from inadequate resources.  Similarly, Bolivian Customs lacks ex officio authority necessary to stop potentially infringing goods without an application from the right holder.  Additionally, the customs authority does not have the human and financial resources needed to effectively address shipments containing counterfeit goods at its international borders.  Significant challenges also persist with respect to adequate and effective IP enforcement and communication between SENAPI and Customs.  Video, music, literature, and software piracy rates are among the highest in Latin America, and rampant counterfeiting persists.  Criminal charges and prosecutions remain rare.

Bolivian Customs has authority under the Cinema and Audiovisual Arts Law of 2018 to pursue criminal prosecutions for IP violations of foreign and domestic visual works, but Bolivia has not promulgated implementing regulations that are necessary to exercise this authority.  In any foreign market, companies should consider several general principles for effective protection of their intellectual property.  For background, link to our article on Protecting Intellectual Property, and to Stopfakes.gov for more resources.

The IP Attaché for Bolivia, Sylvia Solis, can be reached at silvia.solis@trade.gov.  For more guidance, contact ITA’s Office of Standards and Intellectual Property Rights (OSIP) Director, Stevan Mitchell at Stevan.Mitchell@trade.gov.  The State Department’s Investment Climate Statement includes additional information on the protection and enforcement of intellectual property rights in foreign economies: ICS.