IP in Chile
his page provides practical information to help you make the most of your IP when doing Business in Chile.
This page provides practical information to help you make the most of your IP when doing Business in Chile.
If you plan to do business in Chile, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British Businesses looking for intellectual property advice and support should contact our Brazil based IP Attaché for Latin America and the Caribbean, based in the Consulate General, Sao Paulo.
The National Institute of Industrial Property (INAPI) is the body responsible for operating the Industrial Property system in Chile.
The Intellectual Rights Department (DDI) is part of the Directorate of Libraries, Archives and Museums (DIBAM) in the Ministry of Education is responsible for the Copyright system.
Please note that information on these sites is predominantly in Spanish.
Trade marks
Trade mark rights are granted according to the principle “first to file” registration procedure, provided that the applicant is the true owner or creator of the trade mark.
A successful trade mark registration is valid for 10 years from the date of granting. This may be extended for equal and successive periods.
Nationals and non-nationals can apply for trade mark registration directly with INAPI, but non-nationals living abroad must have a representative with domicile in Chile.
Good to know:
Currently, the use of a trade mark is not a requirement in order to obtain a registration or maintain its validity. A bill is being passed in the national Congress that will introduce its use as a requirement, however this will not be in force in the short term.
There is no trade mark protection for unregistered trade marks.
Patents and designs
In Chile their Industrial Property Law establishes four types of patents: patents of invention, utility models, industrial designs, industrial drawings and layout designs (topographies) of integrated circuits.
These are afforded different lengths of protection. Patents of invention provide 20 years protection and utility models, industrial designs, industrial drawings and layout designs are afforded 10 years.
Good to know:
Applications are filed with INAPI by paper or online application.
Chile is a member of the Patent Prosecution Highway (PPH) which can accelerate a patent application. They are also a signatory of the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications
Copyright
Chile has two types of copyright that can be granted:
- “patrimonial rights”, which provide the holder the right to obtain financial return from the use and exploitation of the work.
- “moral rights”, which emphasise the existing personal link between the author and the work.
As a general rule in Chile individuals work can be protected under copyright for the creators lifetime and then 70 years after that.
Good to know:
Authors can register their work with the Department of Intellectual Property Rights. Whilst it is not required to register your work, copyright registration can be used as a way to evidence authorship.
Enforcing your rights
If you believe that someone is using or benefitting from your IP rights without your consent, it is advisable to seek legal advice at an early stage.
You may wish to look into the following options if you are concerned about your IP rights:
- Civil action.
- Criminal proceedings.
Please note this would take place through the ordinary courts, there are no specialist IP courts in Chile.
Activities related to enforcement are carried out by the Investigations Police (PDI), the Customs Service, the police (Carabineros), and the general judicial system.
More information
Visit these Department for Business and Trade pages for more information about doing business in Chile.