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Custom Recordal of IPRs in Bolivia


Custom Recordal of IPRs
The Bolivian Customs has authority under the Cinema and Audio-visual Arts Law of 2018 to pursue criminal prosecutions for IP violations of foreign and domestic visual works; however, Bolivia has not yet promulgated the implementing regulations that are necessary to exercise this authority.
Custom Recordal of IPRs is effective both on the import and export of goods.
It is role of the customs authority to intercept counterfeit goods. It shall act in furtherance of a request made by the rights holder, and also, where situations demand, it shall take ex-officio measures. Upon finding that the goods are infringing in nature, the customs shall destroy the said goods.
The request must be submitted in paper to Servicio Nacional de Propiedad Intelectual (SENAPI) and must have a detailed and accurate description of the alleged infringing goods.
The description should include:
  • Name of the IPR infringed
  • Manufacturer information
  • Name of distributor and importer in Bolivia
  • Address of the distributor and importer in Bolivia
  • Address of the infringing goods depot where they could befound
  • Dates of entry into the country
  • The quantity of the merchandise affected by the suspension
  • Legal representative in the country
  • Where applicable, information of the exporter and consignee of the merchandise
Intimation of such sort is made at the earliest.
It is a centralized system since the SENAPI will notify Customs Authorities to suspend the clearance of goods.
There is no system that facilitates online recordal of IPRs with the Customs Authority.
There is no such fee; however, in order not to damage the interests of the suspected infringer, SENAPI may request you to provide sufficient security or guarantee before granting any suspension.
If the customs are notified by the SENAPI that the goods are suspected of infringing nature, it will suspend the clearance of the said goods until a final determination is made.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
The IP rights holder needs to confirm whether the goods are counterfeit or original after suspension within a period of 10 days.
The same is determined by the SENAPI to cover the damage of interest of the suspected infringer as well.
After fairly brief administrative proceedings, the Customs will either authorize the importer to continue with the process or order the seizure and destruction or donation to charity of the infringing material.
The Customs do not usually act on their own motion. Also, since they are low on funds, they usually lack in taking such measures to pre-empt and intercept infringing goods.
The possible remedies awarded by the court include seizure and destruction or donation to charity of the infringing material.