INTELLECTUAL PROPERTY RIGHTS IN CHILE
Opposition Term |
30 Days |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
Trademarks are governed in Chile by the Industrial Property Law (19.039) (in force since 30th September 1991, modified by Law 19.996, in force since 14th December 2005) and Law 20.160 (in force since January 2007, regulated by Decree 236, published on 1st December 2005 and modified by Economy Decree 36 of 23rd May 2012).
Chile is a member of the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
For getting a trademark registered in Chile, an application has to be filed with the Chilean National Institute of Industrial Property (INAPI).
Trademark protection is obtained by registration in Chile.
Chile follows the 11th edition of Nice Classification; although, it is not a treaty member. Multi-class trademark applications are acceptable.
The third parties can file opposition actions against a trademark application within thirty (30) working days following its publication date in the official gazette.
In Chile, registered trademarks have a validity of ten (10) years from the date of registration, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Chile is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
The Law 19.039 on Industrial Property Law, the Regulations on Law 19.039, and the National Industrial Property Institute Guidelines - deal with the mechanism of patent protection in Chile.
For seeking patent protection in Chile, an application has to be filed with the National Industrial Property Institute (INAPI), which administers the entire process of patent grant.
In Chile, inventions applying for a patent are required to comply with the patentability criteria of novelty, inventive step, and industrial applicability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Convention Application, PCT National Phase Application, and Divisional Application.
The time-frame for PCT national phase filing is thirty (30) months.
In Chile, an opposition against a patent application can be raised at the pre-grant stage within forty-five (45) days of its publication (publication usually occurs six (06) months after the filing date). A request for post-grant invalidation must be filed within five (05) years of the grant of the patent.
The patent of invention lasts for twenty (20) years in Chile. Chile does not have an annuity system of payment for maintaining a granted patent. While a patent application is in progress, one only needs to pay the expert's fees for the examination of the invention.
Law 19.039 on Industrial Property Law, the Regulations on Law 19.039, and the National Industrial Property Institute Guidelines - deal with the mechanism of registration of industrial designs in Chile.
For getting an industrial design registered in Chile, an application has to be filed with the National Industrial Property Institute (INAPI).
The types of industrial design applications that can be filed in Chile include only the Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within one and a half (1.5) months from the date of publication of the industrial design.
The maximum term of industrial design protection in Chile is ten (10) years from the date of application. It is not renewable.
The maintenance fee for the first five (05) years of the validity term is included in the grant fees and is to be paid within sixty (60) days from the notice of allowance. The fee for the second five (05) years may be paid together with the first maintenance fee, before the end of the first period of five (05) years or within a grace period of six (06) months after the end of the first period of five (05) years.
Chile is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS Agreement, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty (the WIPO Treaties).
The relevant legislation on copyright protection in Chile is Law No. 17,336 on Intellectual Property (the Law).
The Department of Intellectual Property Rights governs the entire process of copyright protection in Chile.
Copyright registration is not mandatory in Chile; however, a work's registration establishes a presumption of ownership of the rights concerning the person to whom, according to the respective registration, the copy being registered belongs. It is, therefore, advisable to register the work with the Department of Intellectual Property Rights.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.