Industrial Designs

– Law of December 2, 1916.
– Bolivian Decree of May 6, 1960 (No. 05470).
– Decision 486 of the Andean Community (Cartagena Agreement), in force since December 1, 2000.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since July 6, 1993.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since November 4, 1993.
– WTO’s TRIPS Agreement, since July 5, 1995.
– Andean Community Decision No. 486, since December 1, 2000.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 7, 2018.

Filing

Applicant: the designer or his/her assignee.

Foreign applicants: must have an appointee.

Patentability: an industrial design is patentable as long as it is novel and comprises a utilitarian use but the same is made also out of an arbitrary design or arrangements.

Exceptions to protection: an industrial design shall not be considered new if, before the filing date or validly claimed priority date, it has been made accessible to the public in any place or at any time, by description, use, or any other means or it embodies secondary differences in relation to earlier creations, or that it refers to a category of products different from that to which the said creations belong.

Opposition to application filed: can be filed within thirty working days counted from its publication in the Official Gazette.

Filing requirements for an application (to be sent to resident agent):
1. Apostilled power of attorney;
2. Graphic representations or photographs with different views of the industrial design;
3. Specification, drawings (if any) and abstract of the industrial design in Spanish;
4. Apostilled assignment document if filing not made directly by designer.

For assignment:
1. Apostilled assignment deed;
2. Apostilled power of attorney executed before a Notary Public, signed by the assignor and the assignee.

For change of name or address:
1. Apostilled document that attests to the change, i.e. an extract from a Commerce Registry;
2. Apostilled power of attorney.

Filing without power of attorney: possible as long as it is submitted within thirty days of filing.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

Protection

Examination: is conducted at two levels: the first is the pro-forma examination to determine if the application meets all the requirements and if so it gets sent to publication. Also, there is a subject matter examination to see that the application meets the registrability criteria.

Beginning of protection: upon registration.

Delivery of document: from January 2, 2024, the registration certificate is issued in electronic format only.

Duration: ten years as of application date.

Extension: not possible.

Annuities: are not necessary.