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AMERICAS: BOLIVIA

Additional Requirements For The Granting Of Pharmaceutical Patents In Bolivia
Author: Marcos Mercado, Guevara & Gutiérrez S.C

The Government of Bolivia has issued a Supreme Decree establishing that in order for the National Service of Intellectual Property (SENAPI) to grant a pharmaceutical patent, it is necessary to obtain the previous consent of the Ministry of Health in order to determine if the content and scope of the patent interferes with the right to health and the access to medicine.

In matters of intellectual property, Bolivia is governed by Decision 486 of the Andean Community, which prohibits any additional or different requirements than those established in its articles.

The abovementioned requirement, established by Supreme Decree No. 29004 on January 9, 2007, will be enforced starting in April 2007, once the Ministry of Health has drafted the necessary regulations for its application.