WORLD TRADE
ORGANIZATIONIP/N/6/BOL/1
11 April 2001
(01-1844)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
CHECKLIST OF ISSUES ON ENFORCEMENT1
Replies by Bolivia
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The courts with jurisdiction over civil IPR cases, depending on the amount in litigation, are:
- The civil examining courts (first instance);
- the civil regional courts (first and second instance);
- the higher district courts, civil chambers (second instance and appeal);- the Supreme Court of Justice, Civil Chamber (court of cassation).The courts with jurisdiction over criminal IPR offences are:- The criminal judges and courts, depending on whether or not the maximum penalty
exceeds four years' imprisonment (first instance);
- the higher district courts, criminal chambers (second instance);- the Supreme Court of Justice, Criminal Chamber, (Court of Cassation).Courts of first and second instance exist throughout Bolivian territory, covering not only the
departmental capitals (cities), but also the provinces and cantons of the whole of the Republic.  Theyare the judicial authorities that have jurisdiction over intellectual property cases in order to solve
disputes for right holders.
As an alternative dispute settlement method, the National Chamber of Commerce has
Arbitration and Conciliation Centres in the main citi es, in other towns, action can be brought by the
conciliation procedure before civil examining or regional courts as a step before or during the
proceeding.
In the administrative sphere:  the National Intellectual Property Service, established by Law
No. 25159 of 4 September 1998.
                                                     
1 Document IP/C/5.IP/N/6/BOL/1
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The Vice-Ministry of Industry and Internal Trade.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements from mandatory personal appearances before the court by the right holder?
The right holders have standing.
Public legal entities and individuals and collective persons may be right holders.Such right holders may take part in the various legal acts through their legal representatives
(Code of Criminal Procedure, Article 56).
Under authorized representation, persons appearing in the proceeding on behalf of or
representing someone else must attach to the first submission the documents proving their status
(Code of Criminal Procedure, Article 58).
When this status has been accepted, the agent assumes all liability under the law and his acts
are as binding on the principal as if the principal were carrying them out in person (Code of Civil
Procedure, Article 60).
Powers of attorney granted abroad must be registered with the Public Notary's Office after
authentication by the Ministry of Foreign Affairs and Worship, in accordance with the Law on
Notarial Deeds.
Without prejudice to civil or criminal liability, the agent shall be accountable to his principal
for costs incurred as a result of his exclusive fault or negligence.  The court may, depending on thecircumstances, establish the joint liability of the principal and the lawyer (Code of Civil Procedure,
Article 64).
There are provisions governing cases of contempt of court, dispossession and the cases in
which it is appropriate to award costs.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
Under the Code of Civil Procedure, whenever acts must be proven, the court may, even
without the agreement of the parties and although they do not so request, initiate a period of evidence
that may not be less than ten days or more than 50, depending on the proceeding involved.  Appealagainst the court's lies with a higher court (Code of Civil Procedure, Article 370).
In requiring evidence, the court shall, in an express order, specify the matters to be proven.
The parties may object to the order within the third day of the proceeding and the order shall then
require immediate resolution.  It shall be open to appeal by transfer to a higher court (Code of CivilProcedure, Article 371).
All methods of submitting legal evidence, as prov ided for in the Code of Civil Procedure, are
accepted (Code of Civil Procedure, Article 373, in conjunction with the Civil Code, Article 1285).
Legal evidence includes:  documents, confession, judicial inspection, expertise, deposition,presumption (Code of Civil Procedure, Article 374).IP/N/6/BOL/1
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The burden of proof lies with the claimant in regard to the act constituting his right, and with
the defendant in regard to the existence of the act  impeding, modifying or extinguishing the claimant's
rights (Code of Civil Procedure, Article 375).
The period for the submission of evidence for the parties to the proceeding shall be within the
period established by the court and, outside that period, shall be ex officio rejected, except in the case
of evidence that is pre-established or covered by Article 331, which relates to unknown earlier or later
documents.  In this regard, it is established that, after the complaint has been made, only documents of
a later date will be accepted or, if they are earlier, when it is stated under oath that they had been
unknown.  In such cases, the opposing party will be notified for the purposes of Article 46,
paragraph 2, which means that a decision shall be taken on the accompanying documents or those
cited in the complaint.
General silence, evasion or negation may be regarded as acknowledgement of the truth of the
facts referred to in those documents (Code of Civil Procedure, Articles 377, 331 and 346.2).
If evidence is to be produced outside the Republic, the court shall commission the
corresponding judicial authority, provided any of the following circumstances applies:
- The fact to be proven has occurred outside the Republic;- the archives or offices containing the documents are abroad;- the person required to make a statement lives abroad (Code of Civil Procedure,
Article 385).
For the purpose of receiving such evidence, a special period shall be established in the light of
the distance and the means of transport and it shall not exceed 60 to 120 days, depending on whether
or not a neighbouring country is involved.  The decision on the special period shall not be open to
appeal;  a decision refusing such period shall be open to appeal by transfer of jurisdiction, without
subsequent recourse to a remedy (Code of Civil Procedure, Article 386 in conjunction with
Articles 370 and 383).
In the case of evidence for criminal proceedings, the established principle is freedom to
submit evidence and it is specified that the cour t shall admit all legal evidence that may lead to
discovery of the historical truth of the fact, the re sponsibility and the identity of the accused persons.
Other means may be used in addition to those provided for in this section of the Code.  Their
incorporation in the proceeding shall be subject to a similar method of evidence.
Legal evidence consists, inter alia , of:  testimony.  In this case, if the witness does not answer
the first summons, a warrant will be issued to appreh end him, without prejudice to further indictment.
If, after appearing, he refuses to make a statement, an order shall be issued for him to be arrested for
up to 24 hours, after which, if he continues to refuse, criminal proceedings shall be brought againsthim (New Code of Criminal Procedure, Article 198).
In the case of defiance of authority and resistance to authority, the penalties are a fine and one
month to one year's imprisonment (Penal Code, Articles 159 and 160).
A statement by letters rogatory is possible when the witness does not live in the judicial area
where he is to make his statement and he cannot be present, in which case a letter of request is issued
to the judicial authority of his place of residen ce (New Code of Criminal Procedure, Article 199).IP/N/6/BOL/1
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An expert examination is another means used to discover or assess evidence where
specialized knowledge is required of any science, art or technique.  Convincing evidence and
documents may be produced, and persons may be identified.
Law No. 2175, on the Department of Public Prosecutions, establishes that, for the purpose of
fulfilling its functions (bringing public criminal proceedings, functional administration of the police in
the investigation of offences and monitoring th e lawfulness of such investigations), any person,
institution or office, public or private, is required to provide the information demanded by the
Department of Public Prosecutions and is liable as established in the Penal Code (defiance of
authority and resistance to authority, carrying a penalty of a fine and one month to one year's
imprisonment, Penal Code, Articles 159 and 160).
4. What means exist to identify and protect confidential information brought forward as
evidence?
Under Article 265 of Decision 486, such information must not be divulged.
Furthermore, the nature of the evidence is recorded  in the courts of justice in order to take the
requisite measures, specifying at the express request of the court that the evidence brought forward is
admissible and must be kept confidential.  Under the procedure for preserving evidence in the courts,
the relevant steps are taken, in accordance with the evidence brought forward as such.  In any event,
the court is entitled to take protective measures for procedural acts, under its own responsibility andthat of the court officers.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- Injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
The New Code of Criminal Procedure establishes the various kinds of injunctions:
- A summons for the defendant to make a statement, as well as witnesses and experts.
A warning is given that an arrest warrant will be issued in the event of defiance;
- apprehension in the event of defiance of or resistance to judicial orders;- pre-trial detention;- conviction;-a r r e s t ;
- pre-trial release;
- release for the person against whom the case is dismissed or declared innocent or has
served the penalty;IP/N/6/BOL/1
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-s e i z u r e ;
- embargo;  and
- search and requisition (New Code of Criminal Procedure, Article 129).
Civil cases also include a writ of embargo and a search order (Code of Civil Procedure,
Articles 501 and 635).
The Code of Civil Procedure establishes precautionary measures.  Before the complaint is
submitted or in the course of substantiation of the proceeding, the following precautionary measuresmay be requested:
- Preventive filing of the application (judicial order);- preventive embargo (writ of embargo);- seizure (writ of seizure);- intervention (judicial order);
- prohibition on entering into contracts concer ning specified goods (judicial order) (in
accordance with the Civil Code, Article 1444) (Code of Criminal Procedure,
Article 156).
Other precautionary measures exist if, other than in the cases mentioned above, someone has
good grounds for believing that, in the time preceding official acknowledgement of his right, he may
suffer imminent or irreparable damage.  He may re quest any urgent measures which, depending on the
circumstances, are best suited to ensuring provisional compliance with the judgement (Code of Civil
Procedure, Article 169).
To avoid unnecessary injury or harm to the right holder, the court may limit the precautionary
measure requested or apply another one, depending on the importance of the right that is beingprotected.
In the event of danger of loss or decrease in the value of the moveable goods concerned or if
it is costly or difficult to preserve them, at the request of one of the parties and after informing the
other party the court may, within a period established in accordance with the urgency of the case,order that the goods be sold in the most appropriate manner and it shall expedite the formalities and
set the dates and times (Articles 170 and 171).
In order for the precautionary measure to apply, the applicant is required to post a bond for
any costs or damages as a result of wrongly requesting the measure.
Provisional measures are temporary and last as long as do the circumstances that gave rise to
them, whenever the circumstances end, an order is issued to lift the measures.
Provisional measures shall also lapse automatically if, in the case of demand liabilities, the
complaint is not filed within five days following the date of enforcement (Code of Civil Procedure,
Article 177).IP/N/6/BOL/1
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Preparatory measures
Enumeration:  Any proceedings may be prepared by anyone who seeks to make a complaint
or anyone who, on good grounds, believes that he will be a defendant.  The requirements are:
- The person against whom it is proposed to make a complaint shall submit a sworn
statement on any matter relating to his legal personality, without which the case
cannot proceed further;
- recognition, in the competent court, of the signature of documents and private papers.
The following cases may also arise:
- in the case of a legal person and when the person signing is no longer a
representative of that legal person or is absent, a request may be made for his
alternate to acknowledge the document;
- in the case of obligations contracted by illiterates or the disabled, the terms of
Articles 1299 and 300 of the Civil Code shall apply;
- if, on being summonsed, the person fails to appear, the signature and
effectiveness of the document shall be recognized unless there is any
impediment on account of force majeure , in which case the court shall set a
new date and time or the judge shall proceed to the domicile of the person
summonsed;
- the moveable goods that will be the subject of the court action are to be
produced;
- wills or codicils are to be produced if the applicant believes he is the heir or
legatee;
- in the event of dispossession, the titles of ownership or any other document
relating to the thing sold shall be produced;
- the partner or anyone in possession of the company documents shall produce
them, so that the applicant may base his case thereon or defend a case brought
by a third party if the company has or has not been lawfully dissolved;
- defence counsel shall be appointed for the presumed absent person who is to
be the defendant, after justification of the absence within a reasonable time
established by the court, which shall also appoint defence counsel for
abandoned goods;
- a statement must be made in advance about witnesses who are seriously ill or
soon to leave the country or elderly;
- a court inspection shall be made, with or without expert participation, of the
immoveables or moveables that will be the subject of the case, in order to
verify their condition;
- if the presumed defendant is about to leave the Republic he shall establish
legal domicile at the place at which the proceeding is to be initiated, withinIP/N/6/BOL/1
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three days of being summonsed, with a warning that domicile may be
established at the door of the court at which he is to appear;
- anyone who is to be a defendant as a result of a claim or any other action
necessary to determine his status in regard  to the thing that will be the subject
of the case shall specify by what title he holds it;
- measurements shall be taken by the court (Code of Civil Procedure,
Article 319).
A request may be made as a preparatory measure for the moveable to be produced or to be
stored in its current state, if it is the one that the applicant proposes to claim.  A claim shall be filedwithin the next twenty days; otherwise the measure shall be without effect (Code of Civil Procedure,
Article 322).
Arrangements can also be made for advance statements by witnesses after the case is initiated
and before the period for the submission of evidence starts.
In ordinary proceedings, the case shall be heard by the ordinary civil courts of justice.For the purpose of awarding damages and costs the court authorities may compensate for
injury sustained by the right holder, provided he or his representative or agent states in the civilcomplaint and demonstrates the injury sustained as a result of the infringement of his intellectual
property right.  The statement of the injury and the consequent payment order will be set out in the
judgement.  An enforceable judgement in ordinary proceedings gives entitlement to rights and
obligations and payments.
When rights are infringed and offences are committed, the court shall issue a conviction when
the evidence is sufficient to convince the court of the accused's criminal responsibility.  The
conviction shall specify the appropriate penalties, the form and place of performance and, where
appropriate, specify a judicial pardon, conditional suspension of sentence or any obligations to be met
by the convicted persons.
The conviction shall also decide on costs and on the delivery of confiscated goods to the
person that the court deems is best entitled to own them.  It shall contain the decision on seizure,
confiscation and destruction, as provided for in law.
Criminal procedures provide for compensation.  Once the conviction or a safety measure on
account of non-imputability or semi-imputability has been enforced, the applicant or prosecutor mayask the court to order compensation for injury.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right hold er of the identity of third pe rsons involved in the production
and distribution of the goods or services found to be infringing and of their channels ofdistribution?
This can be done in the relevant administrative or court proceeding, in every case.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?IP/N/6/BOL/1
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The Penal Code establishes indemnification for innocent persons and stipulates that anyone
who has been declared innocent after criminal proceedings shall be entitled to indemnification of any
injury sustained in connection with the proceedings.
The accuser or complainant shall make indemnification, or the judge if, by fraud or ignorance
or negligence, he has cooperated in the injustice of the proceedings.
If proceedings are brought ex officio or by a prosecutor or by any other public servant,
indemnification shall be made by the judge, prosecutor or officials who have caused or cooperated by
fraud or by fault in the proceedings.
Anyone who has been wrongfully penalized can bring a civil action for indemnification of
injury and a criminal action against the authority hearing the case or the person who has made a
wrongful complaint.
8. Describe the provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.
In civil, criminal and administrative procedural law, while periods do exist for the various
procedural acts, they are not always complied with.  Proceedings may end within the time stipulated
by law for each proceeding and the reasons are:
- Failure to act by the parties involved in the proceeding;
- indiscriminate use by the parties in litigation of justified and unjustified appeals;- absence of ex officio procedural impetus on the part of the court.(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
This question will be answered later.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
This question will be answered later.
11. In what circumstances may such measures be ordered inaudita altera parte ?
Precautionary measures, and when they are ordered
Before the complaint is submitted or in the course of substantiation of the proceeding, the
following precautionary measures may be requested:
- Preventive filing of the application;IP/N/6/BOL/1
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- preventive embargo;
-s e i z u r e ;- intervention;- prohibition on entering into contracts concerning specified goods (in accordance with
the Civil Code, Article 1444) (Code of Criminal Procedure, Article 156).
Other precautionary measures exist if, other than in the cases mentioned above, someone has
good grounds to believe that, in the time preceding official acknowledgement of his right, he may
suffer imminent or irreparable damage.  He may re quest any urgent measures which, depending on the
circumstances, are best suited to ensuring provisional compliance with the judgement (Code of Civil
Procedure, Article 169).
To avoid unnecessary injury or harm to the right holder, the court may limit the precautionary
measure requested or apply another one, depending on the importance of the right that is beingprotected.
In the event of danger of loss or decrease in the value of the moveable goods concerned or if
it is costly or difficult to preserve them, at the request of one of the parties and after informing the
other party the court may, within a period established in accordance with the urgency of the case,order that the goods be sold in the most appropriate manner and expediting the formalities and setting
the dates and times (Articles 170 and 171).
In order for the precautionary measure to apply, the applicant is required to post a bond for
any costs or damages as a result of wrongly requesting the measure.
Provisional measures are temporary and last as long as do the circumstances that gave rise to
them, whenever the circumstances end, an order is issued to lift the measures.
Provisional measures shall also lapse automatically if, in the case of demand liabilities, the
complaint is not filed within 5 days following th e date of enforcement (Code of Civil Procedure,
Article 177).
In criminal cases there are two types of precautionary measures:- Precautionary measures in personam:  these are applied restrictively and in such a
way that they harm as little as possible the person and the reputation of those
concerned.
Types
- Spontaneous appearance:  The person against whom a proceeding has been
initiated or is about to be initiated may appear before the prosecuting official
in charge of the investigation and request that his statement be taken down,
that he remain free or that he appear in connection with the application of a
precautionary measure.
- Arrest:  When it is impossible to individualize the authors, participants and
witnesses at the start of the investigation and matters must move urgently so
as not to prejudice the investigation, the prosecutor or the police may order
that persons present shall not move away from the place, shall notIP/N/6/BOL/1
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communicate with each other before making statements or alter the state of
things and places and, if necessary, shall order the arrest of all persons for a
period of not more than eight hours (New Code of Criminal Procedure,
Article 225).
- Apprehension by the Prosecutor's Office:  The prosecutor shall order that the
accused person be apprehended when his presence is necessary and there is
sufficient circumstantial evidence that he is the author of or participant in a
publicly actionable offence carrying a penalty of imprisonment, with a legal
minimum of two years or more, and that he may hide, flee or absent himself
from the place or impede the ascertainment of the truth.
The person apprehended shall be made available at the court within 24 hours
for the court to decide within the same period on the application of any of theprecautionary measures provided for in this Code or to order his release in the
absence of evidence.
In the case of a publicly actionable offence dependent on an application by a
party, the party able to submit the application shall be so informed and the
court shall lift the precautionary measures if, within 48 hours following theapprehension, the application has not been filed (New Code of Criminal
Procedure, Article 226).
- Apprehension by the police:  The National Police may apprehend anyone in
the following instances:
- When he has been caught in flagrante delicto ;
- further to a writ of apprehension issued by the competent court or
judge;
- further to an order by the prosecutor;  and- if he has fled when in lawful detention.
- The police authority that has apprehended anyone shall inform the
Prosecutor's Office and make the person available to the Office within a
maximum period of eight hours (New Code of Criminal Procedure,
Article 227).
- Pre-trial detention:  Once the person is formally charged, the court may order
pre-trial detention on a substantiated request by the prosecutor or the
applicant in the following cases:
- Where there is sufficient evidence to contend that the accused person
is in all likelihood the author of or participant in a punishable act;and
- where there is sufficient evidence that the accused person will not
attend the proceedings and will impede ascertainment of the truth.
Precautionary measures in rem:  These are stipulated in the Code of Civil Procedure.  They
apply without prejudice to the statutory amount es tablished in Article 90 of the Criminal Code;IP/N/6/BOL/1
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precautionary measures in rem shall be granted by the court, on application by a party, in order to
guarantee compensation for injury and payment of costs and fines, for which purpose an embargo on
the bond may be requested provided property belonging to the accused person is involved.  The
procedure shall be governed by the Code of Civil Procedure.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time -limits and safeguards to protect the legitimate
interests of the defendant.
Procedure
- An application to the competent court, attaching the documents in support of the
request and announcing that the proceeding (civil or criminal) will be initiated;
- an express indication of the measure requested;- the security or bond required;- the court evaluates and orders the measure, where appropriate.Please refer to the previous question.
13. Describe the provisions governing the length and cost of proceedings.  Provide any
available date on the actual duration of proceedings and their cost.
This question will be answered later.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
This question will be answered later.
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rights,
other than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports
excluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to  imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
Under Article 120 of Supreme Decree 25870 of 11 August 2000 – the Regulations to the
General Customs Law – the competent national body may file with the customs administration an
application to suspend customs clearance when industrial property rights, copyright or intellectual
property rights, trade marks, industrial designs or patents protected by the World Trade Organization
are affected.IP/N/6/BOL/1
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In principle and in keeping with internationa l rules, when goods are in transit through our
territory, release cannot be withheld.  However, information may be conveyed to the customs
authorities of the territory of final destination.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements related
to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent
assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of
inspection and information) been implemented?
The procedures relating to suspension of customs clearance in the case of intellectual property
infringements are set out in Article 120 of Supreme Decree 25870 – the Regulations to the General
Customs Law – and in Title XV, Chapter III, of Decision 486 of the Andean Community.
The competent authorities to suspend customs clearance in cases of intellectual property
infringements are the National Intellectual Property Service and the National Customs.
The suspension of customs clearance may last a maximum of ten days, after which time, if no
intellectual property infringement is proved, the customs administration may continue with clearance.
Article 120 of the Regulations to the General Customs Law (customs protection of copyright
and intellectual property rights) states:  "(…) Where the competent body files an application with the
customs administration to suspend customs clearan ce, reliable evidence must be submitted within a
period of ten (10) days to demonstrate that industrial property rights, copyright and intellectual
property rights, trade marks, industrial designs or patents protected by the World Trade Organization
are affected.  If, on expiry of this period, evidence of an intellectual property infringement is notsubmitted, the customs authority shall continue with customs clearance.
Once intellectual property infringements have been shown, the customs authority shall seize
the goods and, in coordination with the competent body, order their destination or destruction".
Andean Community Decision 486, Title XV, Chapter III (Border Measures) states:
"Article 250.  The owner of a registered tr ademark who has valid grounds for suspecting that
the importation or exportation of counterfeit trademark goods will take place may request the
competent national authority to suspend this customs operation.  The conditions and guarantees
established by the domestic rules of the Member country shall apply to the request and to the order.
The party requesting border measures shall be required to supply the competent national
authority with the necessary information and a sufficiently detailed and precise description of the
goods subject to the alleged infringement so that they can be identified.
Where the Member country's domestic legislation so permits,  the competent national
authority may order the application of border measures ex officio.
Article 251.  In order to substantiate their claims, the competent national authorities shall
allow trademark holders to take part in the inspection of the goods.
In conducting the inspection, the competent national authority shall make the necessary
arrangements to protect confidential information, where relevant.IP/N/6/BOL/1
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Article 252.  Where the applicable conditions and guarantees are fulfilled, the competent
national authority shall order or deny suspension of the customs operation and shall notify the
applicant.
Where suspension is ordered, the notification shall include the name and address of the
consignor, importer, exporter and consignee of the goods, as well as the quantity of goods suspended.
It shall likewise notify the importer or exporter of suspension of the products.
Article 253.  If, within 10 working days followin g the date of notification of suspension of the
customs operation the applicant fails to initiate infringement proceedings or the competent national
authority has not prolonged the suspension, the measure shall be revoked and the detained goods shall
be released.
Article 254.  Where infringement proceedings have been initiated, the defendant may appeal
to the competent national authority.  The competent national authority may modify, revoke or confirm
the suspension.
Article 255.  Once the existence of the infringement has been determined, such counterfeit
trademark goods as the competent national authority has seized may not be reexported or subject to a
different customs procedure, except in cases duly authorized by the competent national authority or
where the right holder gives express authorization.
Without prejudice to other rights of action available to the right holder and subject to the right
of the defendant to appeal to a judicial authority, the competent national authority may order the
destruction or seizure of infringing goods.
Article 256.  Small quantities of goods of a non-commercial nature forming part of travellers'
personal effects or sent in small consignments shall be excluded from the application of the provisions
of this Chapter".
17.  Describe the provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedin gs and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
At the present time there are no regulations on the financial costs for this type of  proceeding. 
Customs clearance may be suspended for a maximum of ten days, after which time the
customs authority may proceed to release the goods if no evidence is submitted.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio action?
The competent authorities entitled to take ex officio action are:
- The National Intellectual Property Service, which may take ex officio action on
intellectual property matters through the administrative channel.
- In the case of intellectual property offences, if the offences are matters of public
order, the National Customs may take ex officio action and, if it has suspicions, may
act immediately and report to the competent national body.IP/N/6/BOL/1
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19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The competent authority may request the National Customs to proceed to suspend customs
clearance when there is circumstantial evidence that intellectual property offences will be committed.
Once this kind of offence is proven, the customs authority, in coordination with the competent
authority, may order seizure of the goods or proceed to destroy them.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The following have jurisdiction over criminal cases for offences against intellectual property
rights:
- The criminal judges and courts, depending on whether or not the maximum penalty is
more than four years' imprisonment (first instance);
- the higher district courts, criminal chamber (second instance);- the Supreme Court of Justice, Criminal Chamber (Court of Cassation).Courts of first and second instance exist throughout Bolivian territory, covering not only the
departmental capitals (cities), but also the provinces and cantons of the whole of the Republic.  They
are judicial authorities which have jurisdiction over intellectual property cases in order to solve
disputes for right holders.
21. In respect of which infringements of intellectual property rights are criminal procedures
and penalties available?
The offence is classified in Article 68 of Law 1322, on Copyright, and stipulates what is
regarded as a violation of copyright, which falls wi thin the jurisdiction of the regular criminal courts.
The criminal penalty established in Article 362 of the Penal Code consists of three months totwo years' imprisonment and a 60 days' fine.
Other criminal penalties are stipulated in Articles 235 and 236 of the Penal Code.Article 68 of Law 1322 specifies that a violation of copyright is committed by anyone who:- In connection with an unpublished literary or artistic work or production and without
the authorization of the author, artist or producer or his successors registers it or
publishes it by any means of reproduction, multiplication or dissemination, as if it
were his own or of a person other than the true author, or with the title changed ordeleted or with the text wilfully altered.
- In connection with a published and protected work or production commits any of the
acts set out in the previous paragraph or, without the permission of the copyright
holder, reproduces, adapts, changes, modifies, recasts or abridges or publishes any ofthe work by any method of reproduction, multiplication or communication to the
public.IP/N/6/BOL/1
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- Reproduces a published work, wilfully altering in the fraudulent edition the name of
the authorized publisher.
- Reproduces a greater number of copies than those authorized by the copyright owner
or his successors in the respective contract.
- Reproduces a phonogram or videogram for marketing or renting it without the written
authorization of the producer or his representative, as well as anyone who imports,
stores, distributes or sells illegal copies of a phonogram or videogram.  An illegal
copy of a phonogram or videogram is taken to mean one which imitates or not the
external characteristics of the legitimate copy and incorporates the phonogram or
videogram or substantial part of it without the authorization of the owner.
- Publishes, sells, reproduces or disseminates the published work or a phonogram
falsely mentioning the name of the author, the authorized publisher, the performers or
the producer.
- Reproduces, disseminates, carries out, represents or distributes one or more works
after expiry of the period of authorization granted for that purpose.
- Makes false statements intended, directly or indirectly, to harm the author's economic
rights, altering the data relating to the economic proceeds of a show, the number ofcopies of a work produced, sold or distributed or by any other means.
- Without the authorization of the copyright owner is responsible for the performance
of theatre, musical or cinematographic works.
- Without being the author, publisher, successor or representative of one or more of
them, falsely attributes any such status to himself and secures suspension of the
public performance of a work by the authorities.
- Improperly appropriates the right to use the names of newspapers, magazines,
sections and columns therein, radio and television programmes, cinema newsreels,
other mass media, fictitious or symbolic characters in literary works, graphicrepresentations and other periodical publications or typical characters used in artistic
performances or the names of groups, choirs, orchestras, bands or other casts of
artists.
- Transmits, retransmits or disseminates by any means cinematographic works, without
the authorization of the producer.
Article 69:  The owner, partner, manager, director or person responsible for the activities of
establishments which give theatrical or musical performances shall be jointly liable with the organizer
of the performance for violations of copyright in such premises, without prejudice to any criminalresponsibility.
Article 52 of Law No. 1322, on Copyright, stipulates in Title XX, relating to neighbouring
rights, protection for the rights of performers, phonogram producers and broadcasting organizations.
Law No. 1302, on the Cinema, of 20 December 1991, establishes the scope of protection for
natural or legal persons engaged in one or more motion picture activities or connected with films, and
cinematographic intellectual property and co-production, exhibition and distribution contracts must be
registered with the National Cinema Council (CONACINE).IP/N/6/BOL/1
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Videotapes to be marketed in Bolivian territory must bear a branded seal issued by
CONACINE.
Trademarks, etc.
The Commercial Code regulates the right to trade names (Articles 470 et seq.) their
formation, use and transmittal.  Similarly, the Pena l Code (Article 236) penalizes a violation of such
rights by anyone who imitates or counterfeits the trade name of someone else and shall be responsible
for the damage and injury caused, without prejudice to the corresponding penal sanction.
Article 457 et seq. of the Commercial Code also establishes the right to use registered marks,
distinctive signs, marks for concurrent use, transmittal, cancellation of the registration of a mark,
(when it has not been used without interruption for more than five years), except as agreed in
international treaties and on the basis of reciprocity.  The procedure is subject to the provisions
currently applicable in Bolivia, more specif ically Decision 486 of the Andean Community.
In Article 236 the Penal Code establishes that it is an offence to deceive in connection with
industrial products when anyone places on sale industrial products with names and signs that are
misleading as to their origin, quantity and quality and the penalty is imprisonment for six months to
three years.
Also, Article 363 establishes that it is an offence to violate the privilege of invention and
specifies a penalty of three months to two years' imprisonment and 30 to 60 days' fine for anyone who
violates the right to privilege of invention or discovery, in the following instances:
- By manufacturing without the authorization of the licensee objects or products that
are covered by the privilege;
- by using means or procedures that are covered by a privilege.With reference to computer offences, the Penal Code establishes in Article 363 bis that
anyone who wilfully obtains improper benefit for hi mself or a third party by manipulating a computer
data procedure or transfer producing an improper result or preventing such result from being correct,thereby causing a transfer of assets to the detriment of  a third party, shall be liable to one to five years'
imprisonment and a 60 to 200 days' fine.
Article 363 ter relates to the alteration, access and misuse of computer data and stipulates that
anyone who takes possession of, accedes to, uses, modifies, deletes or renders useless data stored in acomputer or on any carrier base, thereby causing inju ry to the owner of the information, shall be liable
to compulsory work for up to one year or a fine of up to 200 days.
The possible judicial proceedings in the case of a copyright violation are held in the ordinary
criminal courts in Bolivia.
Action may also be taken in the civil courts, depending on the particular case.The arbitration and conciliation procedure may also apply where a right is involved, for
Bolivia has various centres related to the National Chamber of Commerce that attend to the requestsof parties interested in using alternative dispute settlement methods.IP/N/6/BOL/1
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SENAPI, the National Intellectual Property Service, has special regulations on conciliation
cases for copyright violations.  Where appropriate, conciliation is used with parties that agree to these
remedies.  Law No. 1770, on Arbitration and Conciliation, applies.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
The Code of Criminal Procedure establishes, by exclusion, that intellectual property offences
are matters of public order.
The judicial authorities, the Department of Public Prosecutions, the police and right holders or
their agents or representatives are entitled to initiate proceedings.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
The Code of Civil Procedure considers that a victim (someone with standing to initiate
proceedings) is one of the following:
- A person directly wronged by the offence;- the spouse or survivor, a blood relative up to the fourth degree or a relative by
marriage up to the second degree, a son or adoptive father or legatee, for offenceswhere the result has been the death of the wronged person;
- a legal person in the case of offences affecting it;  and- a legally constituted foundation or association, for offences affecting collective
interests, provided the aim of the foundation or association is directly bound up with
those interests.
A victim may initiate criminal proceedings by means of a complaint, whether in public or
private actions, in accordance with the procedures established in the Code of Criminal Procedure.
Minors and persons who are declared disbarred may bring a complaint through their legal
representatives.
In the case of temporary incapacity on the part of the victim, his rights shall be exercised by
his relatives in accordance with the rules of non-mandated representation.
Legal persons may submit complaints through their representatives.
24. Specify, by category of IPRs and type of infringement, where necessary, the penalties
and other remedies that may be imposed:
- Imprisonment;
- monetary fines:- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.IP/N/6/BOL/1
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This question will be answered later.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
This question will be answered later.
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