BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Bolivia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
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' (that is, joint ventures) in which the foreign investors have less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector
BOLIVIA
Since April 2009
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
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' (that is, joint ventures) in which the State has a majority shareholding.
Coverage Telecommunications sector
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, foreign direct investment must 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 to improve the industrial process or contribute to public welfare.
- 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 to improve the industrial process or contribute to public welfare.
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
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
It is reported that laws on intellectual property rights in Bolivia are outdated, and effective IP protection is limited by reliance on a century-old industrial law (Law of December 2, 1916).
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
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
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
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 2020, last reported in 2023
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.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (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 Adoption of the World Intellectual Property Organization (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
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 29 of Supreme Decree No. 0181, the procurement of goods must be directed towards national production. II. For goods not produced within the country, the entity may procure imported goods.
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 60 of Supreme Decree No. 0181, the modality for the procurement of goods and services applicable when the amount exceeds BOB 1,000,000 (approximately USD 140,000), allowing the participation of an unlimited number of proponents, is as follows:
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 30 of Supreme Decree No. 0181, the procurement of goods is subject to specific preference margins and adjustment factors, depending on the modality. Under the Public Tender modality, a 10% preference margin is also granted to domestically produced goods, regardless of input origin, with an adjustment factor of 0.90. If national components make up between 30% and 50% of the production cost, a 20% preference margin is applied, with an adjustment factor of 0.80. When national components exceed 50% of the production cost, a 25% preference margin is granted, with an adjustment factor of 0.75.
Coverage Horizontal