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list of contributors - GALA

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When: 2004<br />

Where: Bolivia<br />

What Happened: Union de Cervecerias Peruanas Bakus y Johnston S.A. a Peruvian company,<br />

filed for registration for a three dimensional design <strong>of</strong> a beer bottle under<br />

international class 32. Cerveceria Boliviana Nacional filed an opposition<br />

arguing that the 3-d shape had already been registered by them and is used in<br />

the Bolivian market. SENAPI resolved to approve the opposition presented by<br />

Cerveceria Boliviana Nacional, and denied the Peruvian company any chance<br />

<strong>of</strong> registration <strong>of</strong> the 3-d design.<br />

4. Legislations /<br />

Rules<br />

Topic: Misleading Advertising<br />

Who: Superintendence <strong>of</strong> Telecommunications<br />

When: 2004<br />

Where: Bolivia<br />

What Happened: ENTEL filed a claim before the Superintendence <strong>of</strong> Telecommunications stating<br />

that NUEVATEL S.A. had published misleading advertising regarding long<br />

distance calls. It <strong>of</strong>fered potential long distance users the service from any<br />

cellular phone or land connection in any capital city <strong>of</strong> Bolivia at a certain rate.<br />

The contestant argued that the condition <strong>of</strong> capital cities does not correspond to<br />

provinces or departments <strong>of</strong> Bolivia, a matter that could mislead consumers.<br />

The Superintendence ordered NUEVATEL S.A. to modify this advertisement<br />

through publications and broadcasting in the media.<br />

Comments: The Telecommunications Superintendence has developed very tight<br />

control and zero tolerance over what telecommunication companies are<br />

allowed to advertise to its consumers. With this policy it has been<br />

trying to control and protect consumers and eliminate anti competitive<br />

practices.<br />

5. Legislations /<br />

Rules<br />

Topic: Copyright infraction<br />

Who: Telecommunications Superintendence in the case: ECOR LTD and Cristal de<br />

Televisión<br />

When: 2004<br />

Where: Bolivia<br />

What Happened: On December 27, 2003 Cristal de Televisión, a television network, allegedly<br />

broadcasted the movie “The Grinch” with no permission from ECOR Ltda, who<br />

has the rights over the movie in Bolivia. A complaint was filed by ECOR Ltda<br />

to the Telecommunications Superintendence. However, ECOR Ltda did not<br />

have any proper evidence to demonstrate that the movie had been aired. The<br />

Superintendence ruled that it could not issue a proper ruling without evidence.

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