Database

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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

N/A

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

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

BOLIVIA

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of general framework for data protection
Bolivia has not implemented a comprehensive data protection law. However, personal data in Bolivia is regulated by the following sectoral laws:
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Law of Medical Professional Practice (Arts. 3, 4, 12 and 13);
- the Supreme Decree No. 28168/2005 (Art. 19);
- the Digital Citizenship Law (Art. 12).
There is currently a bill on data protection, Law on Privacy and Data Protection of Citizens in Bolivia (Bill 2019), pending consideration by the Legislative Assembly.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries

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

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 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

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

Since August 2011

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
According to Art. 21 of the General Telecommunications, Information and Communication Technologies Law, there is a passive infrastructure sharing obligation both in the fixed and mobile sectors.
Coverage Telecommunications sector

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

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. 31 of Supreme Decree No. 0181, in the procurement of goods and services under the Public Tender modality, a 20% preference margin is applied to the offered price for Micro and Small Enterprises, Associations of Small Urban and Rural Producers, and Rural Economic Organizations. The adjustment factor is 0.80.
Coverage Horizontal

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