Is Custom Recordal of Intellectual Property Rights (IPRs) available in Bolivia?
Is Custom Recordal of IPRs compulsory in Bolivia?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Bolivia?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Bolivia?
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.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The description should include:
Name of the IPR infringed
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
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Intimation of such sort is made at the earliest.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Bolivia by land, sea, and air?
It is a centralized system since the SENAPI will notify Customs Authorities to suspend the clearance of goods.
Is there an online system for Custom Recordal in Bolivia?
There is no system that facilitates online recordal of IPRs with the Customs Authority.
What is the official fee for Custom Recordal in Bolivia?
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.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Bolivia?
In which scenario does the customs department/authority suspend the clearance of imported goods?
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.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
The IP rights holder needs to confirm whether the goods are counterfeit or original after suspension within a period of 10 days.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
The same is determined by the SENAPI to cover the damage of interest of the suspected infringer as well.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
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.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Bolivia? If yes, then kindly give 2-3 points?
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.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include seizure and destruction or donation to charity of the infringing material.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?