Database

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BOLIVIA

Since April 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in mixed capital companies in which the foreign investors has less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Bolivia lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonogram Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

BOLIVIA

Reported in 2018, last reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the country. Significant challenges persist with respect to adequate and effective IP enforcement and communication between the "Servicio Nacional de Propiedad Intelectual" (SENAPI) and customs. Video, music, literature, and software piracy rates are among the highest in Latin America. In addition, it is reported that the rate of unlicensed software installation in the country was 79% in 2017 (above the 52% rate of the Latin American countries), for an estimated commercial value of USD 94 million.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of signature of the Patent Cooperation Treaty (PCT)
Bolivia is not a signatory of the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BOLIVIA

Since April 1992
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 1322 - Copyright Law (Ley No. 1322 - Ley de Derecho de Autor)

Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Bolivia has a copyright regime under the Law No. 1322. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 24 lists the exceptions, which include citation of an author as long as it is for teaching or research purposes, in accordance with honest uses, to the extent justified by the purpose pursued and not abusive. Furthermore, Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market, but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal

BOLIVIA

Reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
There are some complains are that the laws on intellectual property rights in Bolivia are outdated, and constitutional restrictions limit effective IP protection, because these laws relies on a century-old industrial law (Law of December 2, 1916), rather than any specific law governing industrial property.
Coverage Horizontal

BOLIVIA

Since February 1977, last amended January 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Law No. 14379 - Commercial Code (Ley No.14379 - Código Comercial)
According to the Art. 416 of the Commercial Code, in order for a foreign company to operate in Bolivia, it must be registered in the Commercial Registry by establishing either a branch or a permanent representation with a domicile within the territory of the Republic.
Coverage Horizontal

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 11 of the Investment Promotion Law, there is an obligation for foreign direct investment to generate technology transfer under at least one of the following modalities:
- Generation of capacities and skills in Bolivian personnel from technical institutes, technological institutes, technological colleges and universities of the Plurinational Educational System, in the technical areas developed by the investment. The incorporation of Bolivian personnel shall contemplate the operational, administrative and executive areas, observing promotion policies linked to the capacities and skills acquired;
- Transfer of state-of-the-art technological machinery and equipment to technical institutes, technological institutes, technological colleges, universities of the Plurinational Educational System and public entities linked to the investment area, through agreements with clearly defined objectives and goals according to the interest of the parties;
- Develop applied research within the company aimed at improving the industrial process or contributing to public welfare.
Coverage Horizontal

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Requirement to engage in joint ventures to invest or operate
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in mixed capital companies in which the State has a majority shareholding.
Coverage Telecommunications sector

BOLIVIA

Since January 2004, last amended in 2009

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Requirement to engage in joint ventures to invest or operate
Supreme Decree No. 27328 - Procurement Processes for Goods, Works and General Services and Consultancy Services (Decreto Supremo No. 27328 - Procesos de Contratación de Bienes, Obras y Servicios Generales y de Consultoría)
According to Art. 6 of the Supreme Decree No. 27328, in the contracting of consulting services, international companies can only participate in partnership with local consulting firms.
Coverage Consulting services in public procurement

BOLIVIA

Since August 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
According to Art. 28 of the General Telecommunications, Information and Communication Technologies Law, broadcasting companies can have a maximum of 25% of foreign investment participation, except as determined by the State through international agreements and treaties. It is not clear whether this provisions also applies to online broadcasting.
Coverage Broadcasting sector

BOLIVIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bolivia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in mixed capital companies in which the foreign investors has less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector