The offence is classified in Article 68 of Law 1322, on Copyright, and stipulates what is regarded as a violation of copyright, which falls within the jurisdiction of the regular criminal courts. The criminal penalty established in Article 362 of the Penal Code consists of three months to two years' imprisonment and a 60 days' fine. Other criminal penalties are stipulated in Articles 235 and 236 of the Penal Code. Article 68 of Law 1322 specifies that a violation of copyright is committed by anyone who: - In connection with an unpublished literary or artistic work or production and without the authorization of the author, artist or producer or his successors registers it or publishes it by any means of reproduction, multiplication or dissemination, as if it were his own or of a person other than the true author, or with the title changed or deleted or with the text wilfully altered. - In connection with a published and protected work or production commits any of the acts set out in the previous paragraph or, without the permission of the copyright holder, reproduces, adapts, changes, modifies, recasts or abridges or publishes any of the work by any method of reproduction, multiplication or communication to the public. - Reproduces a published work, wilfully altering in the fraudulent edition the name of the authorized publisher. - Reproduces a greater number of copies than those authorized by the copyright owner or his successors in the respective contract. - Reproduces a phonogram or videogram for marketing or renting it without the written authorization of the producer or his representative, as well as anyone who imports, stores, distributes or sells illegal copies of a phonogram or videogram. An illegal copy of a phonogram or videogram is taken to mean one which imitates or not the external characteristics of the legitimate copy and incorporates the phonogram or videogram or substantial part of it without the authorization of the owner. - Publishes, sells, reproduces or disseminates the published work or a phonogram falsely mentioning the name of the author, the authorized publisher, the performers or the producer. - Reproduces, disseminates, carries out, represents or distributes one or more works after expiry of the period of authorization granted for that purpose. - Makes false statements intended, directly or indirectly, to harm the author's economic rights, altering the data relating to the economic proceeds of a show, the number of copies of a work produced, sold or distributed or by any other means. - Without the authorization of the copyright owner is responsible for the performance of theatre, musical or cinematographic works. - Without being the author, publisher, successor or representative of one or more of them, falsely attributes any such status to himself and secures suspension of the public performance of a work by the authorities. - Improperly appropriates the right to use the names of newspapers, magazines, sections and columns therein, radio and television programmes, cinema newsreels, other mass media, fictitious or symbolic characters in literary works, graphic representations and other periodical publications or typical characters used in artistic performances or the names of groups, choirs, orchestras, bands or other casts of artists. - Transmits, retransmits or disseminates by any means cinematographic works, without the authorization of the producer. Article 69: The owner, partner, manager, director or person responsible for the activities of establishments which give theatrical or musical performances shall be jointly liable with the organizer of the performance for violations of copyright in such premises, without prejudice to any criminal responsibility. Article 52 of Law No. 1322, on Copyright, stipulates in Title XX, relating to neighbouring rights, protection for the rights of performers, phonogram producers and broadcasting organizations. Law No. 1302, on the Cinema, of 20 December 1991, establishes the scope of protection for natural or legal persons engaged in one or more motion picture activities or connected with films, and cinematographic intellectual property and co-production, exhibition and distribution contracts must be registered with the National Cinema Council (CONACINE). Videotapes to be marketed in Bolivian territory must bear a branded seal issued by CONACINE. Trademarks, etc. The Commercial Code regulates the right to trade names (Articles 470 et seq.) their formation, use and transmittal. Similarly, the Penal Code (Article 236) penalizes a violation of such rights by anyone who imitates or counterfeits the trade name of someone else and shall be responsible for the damage and injury caused, without prejudice to the corresponding penal sanction. Article 457 et seq. of the Commercial Code also establishes the right to use registered marks, distinctive signs, marks for concurrent use, transmittal, cancellation of the registration of a mark, (when it has not been used without interruption for more than five years), except as agreed in international treaties and on the basis of reciprocity. The procedure is subject to the provisions currently applicable in Bolivia, more specifically Decision 486 of the Andean Community. In Article 236 the Penal Code establishes that it is an offence to deceive in connection with industrial products when anyone places on sale industrial products with names and signs that are misleading as to their origin, quantity and quality and the penalty is imprisonment for six months to three years. Also, Article 363 establishes that it is an offence to violate the privilege of invention and specifies a penalty of three months to two years' imprisonment and 30 to 60 days' fine for anyone who violates the right to privilege of invention or discovery, in the following instances: - By manufacturing without the authorization of the licensee objects or products that are covered by the privilege; - by using means or procedures that are covered by a privilege. With reference to computer offences, the Penal Code establishes in Article 363 bis that anyone who wilfully obtains improper benefit for himself or a third party by manipulating a computer data procedure or transfer producing an improper result or preventing such result from being correct, thereby causing a transfer of assets to the detriment of a third party, shall be liable to one to five years' imprisonment and a 60 to 200 days' fine. Article 363 ter relates to the alteration, access and misuse of computer data and stipulates that anyone who takes possession of, accedes to, uses, modifies, deletes or renders useless data stored in a computer or on any carrier base, thereby causing injury to the owner of the information, shall be liable to compulsory work for up to one year or a fine of up to 200 days. The possible judicial proceedings in the case of a copyright violation are held in the ordinary criminal courts in Bolivia. Action may also be taken in the civil courts, depending on the particular case. The arbitration and conciliation procedure may also apply where a right is involved, for Bolivia has various centres related to the National Chamber of Commerce that attend to the requests of parties interested in using alternative dispute settlement methods. SENAPI, the National Intellectual Property Service, has special regulations on conciliation cases for copyright violations. Where appropriate, conciliation is used with parties that agree to these remedies. Law No. 1770, on Arbitration and Conciliation, applies.