On February 9, 2017, three full containers containing a total number of 229,136 fake plastic toys were confiscated in Iquique, Tarapacá province in Chile.
The seizure is the largest infringement procedure to occur in the past few years and double the number of fake products discovered in 2016.
Types of toys included remote control cars, dolls, beauty sets and articles related to animated series. This seizure prevented the commercialization and stopped the infringement of Intellectual Property rights and Industrial Privileges of principle characters including Iron Man®, Thor®, Hulk®, Captain America®, Batman®, Superman®, Spiderman®, Ninja Turtles® among others. In addition, there were also fake dolls of Cinderella®, Princess Sofia®, Frozen®, Luna®, Peppa Pig®, Pokemon Go®, Toy Story®, Dory® and Spiderman®.
According to the official numbers, the first container had 278 packages with 82,368 toys, the second included 285 boxes and 86,280 toys, and the third contained 244 packages with 60,488 products.
The products came from China. The destination was an importer located in the Free Zone (designated areas in which companies are taxed very lightly or not at all in order to encourage economic activities). The commercial value of the products detected exceeded the sum of 200 million pesos (USD 128,308.97).
The governor of Tarapacá province, Francisco Pinto, stressed the importance of the adherence of customs procedure, not only as a preventive measure of tax fraud, but also for the prevention of such products from being commercialized and putting at risk the health of minors. The toys with small parts and pieces, which are also of a poor quality and composition, are not certified and can be dangerous for children.
The regional prosecutor of Iquique, Hardy Torres, described the smuggling as complex based on the value of products and volume. He also expressed that smuggling often serves as a base crime for money laundering and behind this seizure are additional avenues to investigate.
Customs complaints have already been filed, and the authorities are developing all necessary investigations to achieve prosecution for all individuals involved in the operation.
Source: http://www.aduana.cl/(Chilean National Customs Office web site)Read More
by Marta Garcia
On January 6, 2017, a new Patent Prosecution Highway (PPH) pilot program between the National Institute of Industrial Property of Chile (INAPI) and the Canadian Intellectual Property Office (CIPO) commenced.
The PPH program enables an applicant whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in a faster, more efficient manner. The PPH program also allows the offices to benefit from work previously done by each other’s patent offices, reducing examination workload.
Requests for accelerated examination under this PPH program can be made based on either national work products or Patent Cooperation Treaty (PCT) work products by the INAPI and CIPO, such as the Written Opinion of the International Searching Authority (WO-ISA), the Written Opinion of the International Preliminary Examination Authority (WO-IPEA) and the International Preliminary Report on Patentability (IPRP).
The pilot program will have a duration of three years, and may be extendable with previous agreement between the parties. The INAPI may suspend its participation in the pilot program at any stage, if the volume of participation exceeds a manageable level.
Since 2016, Chile also has running PPH agreements with Argentina, Brazil, Colombia, Ecuador, México, Paraguay, Peru and Uruguay, which were signed under the framework of the Pacific Alliance, an initiative for regional integration developed by Chile, Colombia, Mexico and Peru, and the regional collaborative project on Industrial Property PROSUR.
The Regional Director of Customs, Ricardo Aceituno reported on November 7, 2016, a container with fake sneakers was detected in Iquique, Chile. The sport shoes were all copies of designs owned by important brands such as Nike, Adidas and “Chalas” Zodiac (similar to the Colombian “Zodiak” brand).
According to Aceituno, the Unit of Risk Analysis established a possible suspicious operation when reviewing and controlling the documents related to the transit of the products towards a check and control of the north port.The shipment was coming from China, and the fake products were hidden behind a shipment of napkins.
There were a total of 474 boxes with 16,454 pairs of fake sneakers, coming directly from China to the Free Zone.
The director also explained that the values of the operation did not correspond to the declared products and other contradictions and variables were raised in that context, such as weight and route declared.
Behind this load there were in total 474 plastic-lined carton packs, which contained 3,288 pairs of sneakers emulating different models of the Nike brand, in addition 3,936 pairs of sneakers with designs imitating logos of the German Adidas and other 9,230 pairs of Zodiac “Chalas” similar to the international Colombian brand Zodiak.
The destination of the container with the fake merchandise was an importing company located inside the walled enclosure of Zofri, which is not unusual because the port, a free zone, is located there. )
The shipment was declared with a customs value of USD 24,209, however, its commercial real value could be of around USD 31,786,395.42 Upon verifying the irregularities, the order was to suspend the shipment and the inspectors stamped the respective complaint, at the same time as the representatives of the trademarks were notified of the infringement of Industrial and Intellectual Property Rights.
Source: www.aduana.cl (Chilean National Customs Office web site.)
by Marta Garcia
The Chilean National Institute of Industrial Property (INAPI) has recently made available patent search and examination documentation performed by INAPI´s patent examiners to the WIPO CASE system hosted by the World Intellectual Property Organization (WIPO). WIPO CASE is a platform that enables participating patent offices to securely share patent search and examination reports.
WIPO CASE is aimed to improve the quality and efficiency of the patent search and examination process done at local and regional patent offices by sharing existing information of any equivalent filing at another participating patent office.
The following are the intellectual property offices that participate directly in WIPO CASE: Australia, Brunei, Cambodia, Chile, China, the Eurasian Patent Office (EAPO), the European Patent Office (EPO), India, Indonesia, Israel, Japan, Malaysia, Mongolia, New Zealand, Papua New Guinea, Philippines, Lao People’s Democratic Republic, Singapore, Thailand, United Kingdom, United States and Vietnam.
There are two different levels of participation in WIPO CASE:
- Accessing Office – Examiners at the accessing office can use the WIPO CASE web portal and can search for patent applications at other participating offices and retrieve the documents that are made available by those offices.
- Providing Office – The providing office makes available the search and examination documentation for patent applications filed at that office.
Since January 2016, INAPI is officially an accessing office of WIPO CASE. However, after the recent uploading of documentation regarding patent searches and examinations carried out by INAPI, it is now in a position to become a providing office.
Chile is the first Latin American country to join this international patent information sharing platform.
Echoing the developments on this matter in Europe, the Chilean government has decided to create its own National Department for Personal Data Protection. It will be in charge of protecting individual data and it will report to the Ministry of Finance.
The new department will provide independent and technical services, ensuring compliance with regulations and protection. In addition, it will focus on advocacy and dissemination of the importance of this data protection.
Another significant positive development is the implementation of a direct method that enables anyone to request data access. This includes, but is not limited to the access, rectification, cancelation, or the blocking of collection or processing of personal data. Moreover, the courts will be enabled to appeal the resolutions adopted by the department.
This new department regulates both public and private sectors. It determines who may manage the personal data and who may adopt prevention models to avoid breaches in personal data.
However, there will be no changes regarding the current regulation of data related to economic, financial, banking or commercial obligations.
The department will also cover the international transfer of personal data, in line with the standards and recommendations of the Organization for Economic Co-operation and Development (OECD).
In initiating this domestic change, Chile is taking the first steps to come closer to other Latin American countries, which already have these personal data regulations in place. In general, the Latin American trend to protect personal data is becoming more important. This shift suggests a closer movement to the already established EU Guidelines for treatment on personal data protection.
Source: http://www.nexchannel.clRead More
On June 15, 2016, the payment counter of the Chilean Official Gazette of the National Institute of Industrial Property (INAPI) will stop working and payment of the publication fees for patents, utility models and industrial designs will need to be made online, at the INAPI mailbox or at the Official Gazette headquarters.
The online tool for the payment of publication fees for patents, utility models and industrial designs will be added to the current online platform for the payment of publication fees for trademarks at www.diarioficial.cl.
With this change, payment of fees for the publication of patents, trademarks, geographic indications and denominations of origins in the Official Gazette will all share the same payment methods.
Source: http://www.inapi.clRead More
On May 10, 2016, the Chilean PTO together with other public institutions such as the Police, National Customs Service and the Internal Revenue Service, participated in the launch of the Observatory on Illicit Trade at the National Chamber of Commerce.
This is a pioneer initiative in both Chile and Latin America that aims, through the joint work of public and private institutions, to generate relevant information for the creation of public policies to fight illicit trade.
Ricardo Mewes, president of the National Chamber of Commerce, states: “The illicit trade comprises contraband, piracy and abuse of intellectual property rights. It is a serious problem because it affects our country in economic and social terms. Through the Observatory, as National Chamber of Commerce, we want to be an example in the public discussion regarding this problem, since we are sure that the cooperation and coordinated actions with several institutions will allow us to control the impact of illicit trade and reduce the associated crime and damages.”
For more information, please click on http://www.observatoriocomercioilicito.cl .
Source: http://www.inapi.clRead More
In April 2016, the National Institute for Industrial Property (INAPI) and the Chilean Investigations Police (PDI) signed a cooperation agreement aimed at strengthening the work carried out between both organizations and promoting the correct use of IP tools. The PDI is the main law enforcement body of the Public Ministry of Chile in criminal investigations.
The IP Crime Investigations Brigade (Bridepi) of the PDI was created in 2008. According to Héctor Espinosa, General Director of the PDI, the brigade undertakes investigation work to identify and remove IP infringers. “Our previous collaboration with INAPI and, from now, a formal cooperation agreement, is of vital importance, since there is an important information exchange and training between the two organizations. Most relevant is that the investigation against IP crimes is going to be more efficient, thus benefiting the country,” stated Espinosa.
Maximiliano Santa Cruz, General Director of INAPI, highlighted the joint work of both institutions. “This agreement has consolidated a long-term cooperation. When speaking of the advances in the IP national system abroad, we not only speak about the establishment of INAPI in 2009, but also about the Bridepi, since it is not very common for a country to have specialized brigades regarding IP,” says Santa Cruz.
Cooperation areas included in the agreement are reciprocal training activities, as well as access to databases and relevant statistics for both institutions.
Source: http://www.inapi.clRead More
A new website of the Chilean National Institute of Industrial Property (INAPI) called “INAPI CONECTA” (INAPI Connect) debuted recently.
The main objective of the site is to serve as a meeting platform for creators and national institutions to advertise innovations that have industrial property rights to potential users interested in commercial rights.
Holders of industrial property rights can post patents, utility models, and industrial designs. They can edit and modify their publications as needed. In order to facilitate this exchange of information, INAPI Connect offers guides and manuals to support and promote technology transfer.
Upon entering the site, you can search according to patent category, for example, biotechnology, mechanics, and chemistry. It also can be searched regarding utility models and industrial designs.
Source: http://www.inapiconecta.clRead More
The Chilean National Institute of Industrial Property (INAPI) reported that, during 2015, it received 136 patent applications filed under the Patent Cooperation Treaty (PCT) as Receiving Office. This is the highest number since the PCT entered into force in 2009 in Chile. 57 of the applications were of the mechanical area, 26 electrical, 25 chemical, 20 biotechnological and 8 pharmaceutical.
Additionally, INAPI reported that during 2015 181 PCT patent applications designated it as International Searching Authority (ISA), 123 of which were filed in Chile, 28 in the World Intellectual Property Office (WIPO), 15 in Mexico, 6 in Colombia, 8 in Peru and 1 in Ecuador.
INAPI started working as ISA and International Preliminary Examining Authority (IPEA) for patents filed under the PCT in October 2014.
Source: http://www.inapi.clRead More