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Understanding SENAPI and Intellectual Property

The document provides information about the National Intellectual Property Service (SENAPI) of Bolivia. It explains that SENAPI is the institution responsible for registering and protecting intellectual property in the country. It also defines the different types of intellectual property such as trademarks, patents, copyrights, and more. Finally, it details the requirements for registering each type of intellectual property with SENAPI.

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0% found this document useful (0 votes)
24 views23 pages

Understanding SENAPI and Intellectual Property

The document provides information about the National Intellectual Property Service (SENAPI) of Bolivia. It explains that SENAPI is the institution responsible for registering and protecting intellectual property in the country. It also defines the different types of intellectual property such as trademarks, patents, copyrights, and more. Finally, it details the requirements for registering each type of intellectual property with SENAPI.

Translated by

ScribdTranslations
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

SENAPI

1. WHAT IS SENAPI?

The National Intellectual Property Service is a public institution.


deconcentrated from the Ministry of Productive Development and Plural Economy that
provides registration and protection services for intellectual property in Bolivia.

It is the only institution in the country that is responsible for the management of the regime.

of Intellectual Property, and as such, guarantees individuals the protection of their


works or creations once the corresponding registration has been completed.

Registering a trademark with the National Intellectual Property Service (SENAPI) is


a fundamental task that a company must undertake, with the aim of protecting
the creation against any act of piracy also generates new value
added for the title or creator.
2. INTELLECTUAL PROPERTY

Intellectual Property refers to any creation of the human intellect. Intellectual property
it has to do with the creations of the mind: inventions, literary and artistic works, as well as
symbols names e images used in the trade.
Intellectual Property is a very broad and complex field that is divided into two main areas:
Industrial property: this is divided into trademark unit and patent unit.
Copyright: it involves the registration of works by authors, musical, literary,
cinematic, software.

2.1 INDUSTRIAL PROPERTY

2.1.1 Brands or distinctive signs

A brand is any sign that is capable of distinguishing products or services in the market.
they can register as trademarks the signs capable of graphic representation composed of
drawings, emblems, monograms, engravings, word combinations, packaging, figures,
symbols graphics, letters, forms three-dimensional etc.
A trademark not only allows for the identification of goods or services but also
represents the prestige of its manufacturers. Brands are divided into:

Trade name: Word or set of words that identify the product, company or
service offered.
Figurative mark: Drawings that differentiate and identify the product, company, or service offered.
the products at first glance.
Mixed brand: They are those that have a combination of letters and drawings, positioning the
brand in the market.
Three-dimensional mark: That are distinguished by the peculiar shape of a container or wrapper.
Sound mark: A set of chords or characteristic sound that distinguishes a
company, a product or a service offered.
Collective brand: A graphic representation sign that distinguishes and identifies all the
products or services that a group of people who market a
same product on the market.
2.1.2 Patents
The Patent is a right granted by the State through its Competent National Office, by the
which grants the inventor the right to prevent any third party without their permission for a limited time
consent to commercially exploit the product or procedure subject to the patent
There are 4 types of patent protection:
Patents of Invention.
Utility Model Patents.
Industrial Design.
Circuit Design Schematics.

2.2 COPYRIGHT AND RELATED RIGHTS


Copyright is a set of rules that regulate the rights granted by law to the
creators of an artistic work, be it musical, literary, cinematic, or
computational and grants to individuals who wish to register their works, all the protection and the
usage rights so that it is not plagiarized or misused by third parties
people, protecting the author against piracy, receiving an economic compensation and a
recognition for your work.
Copyright and related rights allow for registration:

Literary Works
Musical Works
Cinematic works
Artistic Works
Projects
Software
3. REGISTRATION REQUIREMENTS: INDUSTRIAL PROPERTY
Requirements Distinctive Signs
Requirements for Invention Patents and New Technologies
Utility Model Requirements
Industrial Design Requirements
Integrated Circuit Requirements
Application for distinctive signs, trademarks

1. Distinctive signs form pi-100, which is filled out online via the internet.
(see the distinctive sign registration application form page) one
Once the data is saved, three copies of the first page must be printed.
Pages 3-6 are printed double-sided in a single copy. In case
that the brand to be registered has a figurative sign or logo must
attach the logo image in the following format: image of
size 4x4 cm, file type jpg and RGB format, for printing
together with the colored form.
2. Necessary powers, in the case of being a sole proprietorship a photocopy of the ID.

case of representation necessary powers in original or legalized copy.


3. To be the certified case of priority in the country of origin.
4. Original and photocopy of the payment receipt for the established fees
5. Letter or memorial

All documentation must be presented in a yellow folder, with the


brand label to be registered, international class and name of the applicant in the
same order and properly paginated.

Payment to the account of the official gazette of Bolivia bank


Payment to the fiscal account of senapi union bank cta. 1-4668220
union
Senapi payment National Foreigner

Trademark application Bs. 500 Bs. 1000

Trademark grant title Bs. 250 Bs. 500

Application for trade names, signs or banners, trade slogan, brand


collective, designation of origin

Application form consisting of 6 pages and must be printed on paper.


letter size, taking into account that page 1 should be printed on 3
copies (leaving the back blank), and from page 3 to 5 it should
print a single copy per procedure front and back of the pages. They must
fill in the three copies on page 1 with all the applicant's details and the type
to be processed and leave the following pages blank.

In case of requesting a figurative or mixed sign, place the respective design in the
space reserved for this on page 1 (in all three copies) and accompany
three copies of 4x4 cm of the same in an envelope and electronic format.

Power of attorney granted by a notary public original or legalized copy,


in case the request was not made by the applicant and someone is appointed
attorney in Bolivia.
Certificate of registration in the country of origin issued by the authority that granted it.

Deposit slips for the established fees in original and photocopy to the
following accounts:

Payment to the account of the official gazette of Bolivia Union Bank


cta. 1-293633 for bs. 255

Memorial or request addressed to the director of industrial property signed by the


applicant or their representative. All of the previously mentioned documentation must be submitted

following the same order, in a binder with the name of the requested sign, the
class, the name of the applicant, attorney, or agent on the cover.

Additional requirements for collective mark


Legalized copy of the statutes of the association, organization, or group of
people who requested the registration of the collective trademark. The list of members. The
indication of the conditions and the way in which the collective mark must be used in
the products or services.
Additional requirements for designation of origin (indication
geographical

Name, address, residence, and nationality of the applicant(s), as well as the


demonstration of your legitimate interest.

Geographically defined area for the production, extraction, or processing of the product
which is designated by the appellation of origin.
Geographic area defined on an official map.
A descriptive memory of the qualities, reputation, or other characteristics
essentials of products designated by the designation of origin.

The indication of the conditions and the way the designation of origin must
to be used.

First Part

Patent of Invention
Utility Model
Esquema de Trazado de Circuitos Integrados

Three copies of the printed Application Forms front and back.


2. Descriptive Memory (Printed): Description of the Invention: It must
disclose the invention in a sufficiently broad and concrete manner.
Claim: It will define the subject matter that is intended to be protected through the

The patent must be clear and concise and supported by the description.
Drawings: If the case existed.
Summary: It consists of a synthesis of the technical dissemination contained in
the patent application.
3. Payment receipts for the fees established in SENAPI.
4. Memorial or letter of request.
5. Priority if it exists. Its translation if it is in another language.
6. In case of representation, necessary powers of attorney in original or copy

legalized.
7. Assignment of Rights (If applicable).

For the presentation of the electronic format


The Electronic Format can be submitted on CD or Floppy Disk where it will be found.
the descriptive memory and its respective drawings.

The drawings in JPG format.


The descriptive memory in PDF format.

NATIONAL COMPANIES must attach the following to the procedure:

Payment receipt to determine patentability before receipt of the


notification of background exam Bs. 500 (SENAPI bank account,
Union Bank S.A

INTERNATIONAL COMPANIES must attach the following to the procedure:

Payment receipt to determine patentability prior to receipt of the


notification of background exam Bs. 1000 (Bank Account of SENAPI,
Union Bank S.A
Receipt of payment for the annuities per year (SENAPI bank account,
Union Bank S.A.

Second Part

Request for substantive examination.


2. Publication of the Official Gazette of Bolivia (original clipping).
3. Receipt of payment for the background check exam.

4. Payments of the annuities per year.


The request will be made within 6 months from the date of
Publication for Invention Patents.
The request will be made within 3 months from the date of
Publication for Utility Models.
If the Second Part request is not submitted within the deadlines
those established will fall into ABANDONMENT.
REQUIREMENTS FOR PATENTS OF INVENTION AND NEW TECHNOLOGIES
Industrial Design Requirements
Three copies of the printed Application Forms front and back.
Drawings.
3. Payment receipts for the fees established by SENAPI.
a. Payment for Industrial Design request. (300Bs. national, 600Bs.
international)
b. Payment to the Official Gazette of Bolivia (200 Bs.)

4. Request Memorial.
5. The electronic format, where the graphs are.
6. Priority if it exists. Its translation if it is found in another language.
7. In case of representation, necessary powers in original or copy
legalized.
[Link] of Rights (If applicable).

First Part
Memorial or Request addressed to the National Director of Intellectual Property,
signed by the applicant or their representative.
Application form for an Invention Patent consisting of 4 pages
that must be printed on letter-size paper, on both sides,
Taking into account the following: Pages 1 and 2 should be printed on 3.
copies, fill in both pages by typewriter or computer - The pages
3 and 4 must be printed in a copy
A copy or drawing (graphic representation) of the layout scheme and,
when the integrated circuit has been commercially exploited, a
sample of that integrated circuit (in electronic format).
If applicable, a statement indicating the date of the first exploitation.
integrated circuit commercial anywhere in the world.
If applicable, a statement indicating the year of the circuit's creation
integrated.
A description that defines the electronic function that must be performed by the
integrated circuit that incorporates the routing scheme (in format
electronic.)
Copy of any registration application or other title of protection that may have been submitted

presented or obtained abroad by the same applicant or their


causing and referring wholly or partially to the same scheme of
traced object of the request submitted to the institution.
In case of representation, necessary powers in original or copy.
legalized.
Payment receipt for the registration request Bs. 100 (Bank account of
SENAPI, Banco Unión S.A
Receipt of payment for the first annual payment Bs. 500 (SENAPI Bank Account,
Union Bank S.A.
Receipt of payment from the Official Gazette of Bolivia Bs. 200 (original and photocopy)

Folders appropriate to the volume of documentation.

Second Part

Memorial or Request for extension of the title of the Layout Schemes


Integrated Circuit.
Official Gazette of Bolivia Publication (original clipping).
Minimum payment receipt to determine the registration of the Schemes of
Integrated Circuit Layout prior to receiving the notification Bs. 350
(SENAPI bank account, Banco Unión S.A).
Receipt of payment for the annual fees per year (SENAPI bank account,
Banco Unión S.A.

EXAM REQUIREMENTS
The requirements to apply for competitive exams are as follows:

Memorial of Opposition Claim addressed to the Director of Property


Industrial of the National Intellectual Property Service.
Proof of payment for the Opposition.
Bs. 250 national individuals and/or companies.
Bs. 500 foreign individuals and/or companies.
Payment receipt for notification. (Bs. 50 for all)
Original clipping from the publication in the Gazette.
In the applicable case, the original Power of Attorney or a copy
legalized.

NOTE: Present everything in a binder, noting the conflicting brands on the cover.
and the publication number, needing to perform the pagination at the bottom
right of the sheets. Consult article 56. (Claim) of the regulation of
internal procedure of industrial property and compliance of the National Service
of Intellectual Property (SENAPI) RA 08/2008 of 11/02/08

REQUISITOS DE REGISTRO: DERECHOS DE AUTOR


General Requirements
Memorandum or Note addressed to the Director of Copyright and Rights
Connections, in which the type and title of the work must be specified that
wants to register.
Copies of the Copyright Form available on the website
from the institution, where all the details of the work must be recorded and
it must be signed by the holders or applicants, it must be completed a
form for each work that you wish to register, that is to say, if the procedure is
For five works, there must be five copies of the form.
Bank Deposit Receipt to the tax account of the National Service
of Intellectual Property, according to the type of procedure requested.

Bank Deposit Receipt in the name of the Official Gazette of


Bolivia for the amount of Bs. 60.00, for the publication of the request
completed.
Copy of the Identity Card of the applicant(s).
In case of representing a group or association.

Specific Requirements
In the case of literary works, attach two copies of the work to be registered.
If you want to register musical works, you must attach: score, tablature
cipher or chords, lyrics of the song (if applicable), the song on a CD with
HARDCOVER and in mp3 format. For processing, 10 songs are registered or
compositions.
If it is a dramatic work, a CD with the play must be attached.
The choreographic works, pantomimes, drawings, paintings, and others, attach.
photographs from all angles.
The phonograms must be accompanied by a copy of the phonogram on CD, the
deed of assignment of copyright to the producer, NIT if it is a
legal entity.
Las obras cinematográficas deben incluir la obra en CD y el guion.
Computer programs (Software) must include a copy
executable of the program as well as a description of it.

The following payments must be attached, according to the requested registration procedure:

For the Thesis Registration, foreign applicants must pay Bs.


200.00, and the national applicants Bs. 100.00.

For the Book Registration, foreign applicants must pay Bs.


400.00 and national applicants Bs. 200.00.

For the Registration of Brochures and Other Works, foreign applicants


They must pay Bs.100.00 and national applicants Bs. 50.00

For the Registration of Artistic Works (Musical Works, Dramatic Works,


Choreographic Pantomime Works, Painting, Drawing and others the applicants
Foreigners must pay Bs. 200.00 and national applicants Bs. 100.00

For the Registration of Cinematographic Works, foreign applicants


They must pay Bs. 300.00 and national applicants Bs. 150.00

For the Computer Program Registration, foreign applicants


They must pay Bs. 300.00 and national applicants Bs. 150.00

For the Registration of Contracts and other Acts, foreign applicants


They must pay Bs. 100.00 and national applicants Bs. 50.00.

For the Authorization of Operation of Collective Societies the price


The price is Bs. 1000.00

For the Annual Update of Partnerships, the fixed price is


Bs. 480.00

In case of requesting Copyright Certifications, a payment must be made.


Bs.50.00 for each one.

In case of requesting Legalized Copies of Resolutions of Rights


The unique price is Bs. 50.00

The Conciliation Minutes cost Bs. 50.00.

All documentation should be submitted in a Manila envelope without sealing or labeling.

Account SENAPI: 1-4668220 Bank Union


Official Gazette Account: 1-293633, Bank Union

4. REGISTRATION FORMS
THERE ARE 2 CATEGORIES OF APPLICATION FORMS IN SENAPI
APPLICATION FORMS: INDUSTRIAL PROPERTY
PI-100 Application for Trademark Registration
Background search form for distinctive signs. PI-101 Request for
registro de nombre comercial, rotulo comercial, enseña
PI-102 Application for Trademark Registration
PI-103 Request for Registration Modification
PI-104 Application for Registration Renewal
PI-105 Opposition Request for Patent Registration of Invention
Utility Model Patent Registration Request
Request for Industrial Design Registration
Integrated Circuits Registration Request
Patent Search Form

APPLICATION FORMS: COPYRIGHT


Request for Registration of Contracts and Other Acts
Request for Registration of Phonograms

Application for Computer Programs Registration


Application for Registration of Artistic Works

Request for Registration of Cinematographic Works


Music Works Registration Application
Request for Registration of Scenic Works
Request for Registration of Literary Works
Request for Registration of Literary Works (THESIS)
Collective Management Societies Registration Form
Annex of Authors and Holders
Request for Registration of Audiovisual Works
5. SERVICES AND FEES

BRAND RENEWAL
WHAT IS IT?
It is an administrative procedure that must be requested by the user who already possesses

a trademark grant title,


this renewal must be requested after the 10 years granted by the regulation
as owner of use rights
Exclusive to the brand.

WHEN IS IT REQUESTED?
In the 6 months leading up to the expiration date of the concession
Record, or 6 months later as
grace period; if after this period the user does not request the renewal, the
the brand would expire.

NAME CHANGE
WHAT IS IT?
Allows the update of data for a registered trademark, protecting it.
against the misuse of third parties.

WHEN IS IT REQUESTED?
It must be requested when the trademark undergoes any change in its
denomination, for example: Coca Cola
Company can change to Coca Cola Inc.

CHANGE OF ADDRESS
What is it?
The holder of a trademark changes address, rendering the address worthless.
previous at the time you requested
the trademark registration.
WHEN IS IT REQUESTED?
The user must carry out a Change of Address procedure to update the
records about the registered brand or distinctive sign.
FUSION

What is it?
The merger process consists of the union of two companies or two representatives of
brands that decide to create a new label from the combination of both.

WHEN IS IT REQUESTED?
It must be requested after the consolidation of this union for the purposes of
update of registered trademarks.

TRANSFER

WHAT IS IT?
Sale of the ownership rights and exclusivity carried out by the holder of a brand
granted in favor of a new person who will be listed as the new owner and
owner of a brand.

WHEN IS IT REQUESTED?
It must be requested after the sale of the registered trademark of this union for
purposes of updating the data of the new owner of the registered trademark.

LICENSE OF USE

WHAT IS IT?
Authorization granted by the trademark holder in favor of a third party
to use the registered trademark for a stipulated time without losing the right
owner.

WHEN IS IT REQUESTED?
After agreeing on the terms between the titleholder and the third party, to update
the trademark data.
5.1 SERVICES AND RATES / INTELLECTUAL PROPERTY RATES

Administrative Resolution No. 037/2009


Users must make deposits directly into the tax accounts.
For service concept: CTA. CTE. No. 1-4668220 SENAPI, BANK
UNION.
For the concept of publication in the gazette: Fiscal Account UNION BANK No.
1-293633
Approved rates throughR.A.037/2009December 1, 2009.

COST OF
COST OF
REGISTRATION FOR
REGISTRATION FOR
COMPANIES AND/OR
GENERALS COMPANIES AND/OR
PERSONAS
PERSONAS
FOREIGNERS
NATIONALS (BS.)
(BS.)

UNARCHIVE 100 50

LEGALIZED COPIES PER PAGE 10 10

NOTIFICATION 50 50

INFRACTION 400 200


COPYRIGHT

THESIS REGISTRATION 200 100

BOOK REGISTRATION 400 200

100
REGISTRATION OF BROCHURES AND OTHER WORKS 50

REGISTRATION OF ARTISTIC WORKS (WORKS


MUSICALS, DRAMATIC WORKS, WORKS
200 100
PANTOMIMIC CHOREOGRAPHIES, PAINTING,
DRAWING AND OTHERS

CINEMATOGRAPHIC 300 150

COMPUTER PROGRAM REGISTRATION 300 150

100
REGISTRATION OF CONTRACTS AND OTHER ACTS 50

AUTHORIZATION OF OPERATION OF
1000
Collective Societies

ANNUAL UPDATE OF COMPANIES


480
COLLECTIVES

COPYRIGHT CERTIFICATIONS 50 50

LEGALIZED COPIES COPYRIGHT 50 50

MINUTE OF CONCILIATION 50 50
INDUSTRIAL PROPERTY

FORM MODIFICATIONS 300 150

SUBSTANTIVE MODIFICATIONS 300 150

INDUSTRIAL PROPERTY CERTIFICATIONS150 75

APPLICATION FOR CHANGE REGISTRATION


400 200
NAME

APPLICATION FOR CHANGE REGISTRATION


400 200
ADDRESS

APPLICATION FOR CHANGE OF REGISTRATION


500 250
TRANSFER

APPLICATION FOR CHANGE OF REGISTRATION


400 200
FUSION

APPLICATION FOR LICENSE REGISTRATION OF


500 250
USE

NULLITY OF TRADEMARK REGISTRATION,


PATENTS, INDUSTRIAL DESIGN MODELS OF
400 200
UTILITY

OPPOSITION TO TRADEMARK APPLICATIONS,


PATENTS, INDUSTRIAL DESIGN MODELS OF
500 250
USEFULNESS

RECOURSES OF APPEAL 50 50
Distinctive Signs

SEARCH FOR PRECEDENTS 150 75

APPLICATION FOR TRADEMARK OR SIGN REGISTRATION


1000 500
DISTINCTIVE

RENEWAL REGISTRATION APPLICATION


500 250
DISTINCTIVE SIGN

TITLE OF TRADEMARK RENEWAL 500 250

TRADEMARK GRANT TITLE 500 250

400
CANCELLATION OF TRADEMARK REGISTRATION 200

GEOGRAPHICAL INDICATIONS SENAPI PAYMENT

DECLARATION OF ORIGIN 500 BS.

RECOGNITION OF PROTECTION OF
DENOMINATION OF ORIGIN FOR COUNTRIES
1000 BS.
MEMBERS OF THE CAN

RECOGNITION OF PROTECTION OF
2000 BS.
DENOMINATION OF ORIGIN FOR NON-COUNTRIES
MEMBERS OF THE CAN
PATENT OF INVENTION

APPLICATION FOR PATENT REGISTRATION OF


800 400
INVENTION

APPLICATION FOR MODEL REGISTRATION


700 350
USEFULNESS

APPLICATION FOR DESIGN REGISTRATION


600 300
INDUSTRIAL

SECOND PART, FUNDAMENTAL EXAM OF


1000 500
PATENTABILITY

ANNUAL VALIDITY OF PATENTS 1000 500

SEARCH IN INVENTIONS AND NEW ONES


200 100
TECHNOLOGIES

BIBLIOGRAPHY:

[Link]

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