TRADEMARK COUNTERFEITING IN BOLIVIA: LEGAL PROTECTION AND PENALTIES

Trademark counterfeiting is a growing concern in Bolivia that affects intellectual property rights holders, consumers, and the national economy. To combat this issue, Bolivia’s legal framework—together with the community regulations of the Andean Community (CAN)—provides legal mechanisms to protect registered trademarks and penalize those who engage in counterfeiting activities.

This article addresses trademark counterfeiting in Bolivia from three key perspectives: intellectual property, consumer rights, and criminal law.

TRADEMARK PROTECTION IN BOLIVIA: INTELLECTUAL PROPERTY AND CAN DECISION 486

Decision 486 of the Andean Community governs trademark protection in Bolivia and other CAN member states. This regulation grants the owner of a registered trademark the exclusive right to prevent third parties, without consent, from engaging in the following acts:

Applying the mark to products or packaging that imitate originals
Modifying or removing a registered trademark to resell products with false value
Manufacturing or selling packaging, labels, or other materials reproducing the trademark
Using a sign similar to a well-known trademark, causing consumer confusion

If a person or company detects an infringement, they may file a complaint with the National Intellectual Property Service (SENAPI). This authority may impose administrative sanctions and order the suspension of the unauthorized use of the mark.

Seized counterfeit goods cannot be re-exported or subjected to other customs procedures without express authorization from the trademark holder. In most cases, the products are destroyed by the authorities, although under strict controls, some items may be donated.

CONSUMER PROTECTION AGAINST TRADEMARK COUNTERFEITING

From the consumer’s perspective, trademark counterfeiting violates rights protected under Law No. 453 on Consumer Protection, which guarantees:

Truthful and timely information about products
Protection from goods that pose health or safety risks

If a consumer unknowingly purchases a counterfeit product, they may:

Request a refund or product exchange from the seller
File a complaint with the Vice Ministry for the Defense of User and Consumer Rights, submitting evidence such as receipts and product photos

Businesses that sell counterfeit goods may face fines, administrative sanctions, and even temporary closure. In serious cases, authorities may order the confiscation of the counterfeit merchandise.

CRIMES AND PENALTIES FOR TRADEMARK COUNTERFEITING IN BOLIVIA

Bolivian criminal law imposes penalties on individuals who counterfeit trademarks:

Crimes against intellectual property: Penalizes the manufacture and sale of goods bearing counterfeit trademarks
Trademark counterfeiting: Imposes prison sentences and fines on those who fraudulently reproduce registered marks
Fraud: If the sale of counterfeit goods involves intentional deception, it may qualify as fraud

Penalties vary depending on the severity of the offense, with prison sentences reaching up to 10 years in large-scale cases involving multiple victims.

Trademark counterfeiting in Bolivia is a serious issue that impacts all sectors of society. While current legislation provides tools to combat it, it is essential for both consumers and businesses to take proactive measures to safeguard their rights.

If you suspect you’ve purchased a counterfeit product or have questions about your legal situation, the risks involved, or your rights regarding trademark counterfeiting, don’t hesitate to contact us. Our legal team is ready to provide the support and advice you need.

Frequently Asked Questions (FAQs)

How can I tell if a product is counterfeit?

Common signs include inconsistencies in packaging, lower quality materials, and unusually low prices.

Where can I report the sale of counterfeit products in Bolivia?

You can file a report with SENAPI, the Vice Ministry of Consumer Protection, the Public Prosecutor’s Office, or the Bolivian Police.

What penalties can a seller of counterfeit products face?

Penalties may range from monetary fines and business closure to criminal charges with prison time for severe cases.

What rights do I have as a consumer if I purchased a counterfeit product?

You can demand a refund or product replacement, and you also have the right to file a formal complaint with the relevant authorities.

Are foreign trademarks protected in Bolivia?

Yes, provided they are registered with SENAPI or protected under international agreements such as CAN Decision 486.

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.