BOLIVIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
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 May 2008
Since April 2014
Since April 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
There is a limitation on foreign equity participation in the government‑controlled telecommunications company Entel, which was nationalised by Supreme Decree No. 29544. Art. 19 of Law No. 516 stipulates that the assets and investments recovered through nationalisation processes undertaken by the State for the recovery of natural resources and strategic sectors may not, under any circumstances, be privatised in any form.
Coverage Telecom company Entel
BOLIVIA
Since February 1977, last amended January 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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) |
Indicator Practical or legal restrictions related to the enforcement of patents
Complaints about outdated patent law
It is reported that effective protection of patents is limited by reliance on a century-old industrial law, namely the Law of 2 December 1916.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator 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) |
Indicator 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 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported high levels of software and digital product piracy
It is reported that the incidence of video, music, literature, and software piracy is among the highest in Latin America.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption 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) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of ratification of the WIPO Performances and Phonograms 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, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 29 of Supreme Decree No. 0181 provides that the procurement of goods shall be oriented towards favouring national production. If a good required by a public entity is not available in the designated electronic catalogue of nationally produced goods, the entity shall undertake the procurement process pursuant to the rules set out in the Decree. Likewise, where an item appearing in the electronic catalogue does not satisfy the specifications or conditions required by the public entity, the entity may rely on the procurement procedures authorised by the Decree.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 June 2009, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 59 of Supreme Decree No. 0181 stipulates that the public tender procedure is the mechanism applicable to the procurement of goods and services when the estimated value exceeds BOB 1,000,000 (approx. USD 145,000), thereby allowing the participation of an indeterminate number of bidders only above this threshold. Art. 60 further provides that this procedure may take the form of a national public call for contracts up to BOB 70,000,000 (approx. USD 10,000,000), or an international public call for contracts that exceed this value. In addition, when the nature of the procurement requires international dissemination of the call for tenders for contracts below BOB 70,000,000, an international public call may nevertheless be issued, provided that the procedure is adapted to the requirements applicable to that modality.
Coverage Horizontal
BOLIVIA
Since August 2011
Pillar Telecom infrastructure & competition |
Indicator 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
Sources
BOLIVIA
Since August 2011
Pillar Public procurement of ICT goods and online services |
Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
General Law on Telecommunications, Information and Communication Technologies – Law No. 164 (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación – Ley No. 164)
Art. 77 of Law No. 164 stipulates that the executive, legislative, judicial, and electoral branches, at all levels, shall promote and prioritise the use of free software and open standards within the framework of national sovereignty and security. The executive branch at the central level of the state shall prepare the implementation plan for free software and open standards, in coordination with the other branches of the state and the entities of public administration.
Coverage Public sector
Sources
- https://web.archive.org/web/20251221015729/https://www.minedu.gob.bo/files/documentos-normativos/leyes/ley_164___ley_general_de_telecomunicaciones_tecnologias_de_informacin_y_comunicacion.pdf
- https://web.archive.org/web/20260209173927/https://interoperable-europe.ec.europa.eu/sites/default/files/document/2024-03/OSS%20Country%20Intelligence%20Report%20BOL.pdf
BOLIVIA
Since May 2008
Since April 2014
Since April 2014
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
There is a limitation on foreign equity participation in the government‑controlled telecommunications company Entel, which was nationalised by Supreme Decree No. 29544. Art. 19 of Law No. 516 stipulates that the assets and investments recovered through nationalisation processes undertaken by the State for the recovery of natural resources and strategic sectors may not, under any circumstances, be privatised in any form.
Coverage Telecom company Entel
