The Chilean Institute of Industrial Property (INAPI) has recently launched a revised and updated compilation of legal texts including constitutional provisions, laws, treaties, international agreements and regulations regarding intellectual property in force in Chile.
The document,the first edition of which was first launched in 2010, compiles the legal texts that directly refer to different aspects of IP such as patents, utility models, industrial designs, trademarks, denominations of origin and geographical indications, copyright and related rights, software, and plant varieties, as well as the protection of undisclosed information and compliance.
This compilation also includes IP treaties signed by Chile, such as the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (PCT), the Trademark Law Treaty or the International Convention for the Protection of New Varieties of Plants (UPOV), among others. Additionally, this document also compiles bilateral free trade agreements signed by Chile with countries and regions such as U.S.A., Europe, Mexico, Central America, Australia, Canada, China, Japan and Korea.
According to INAPI, the document promotes the regulations on IP protection and compliance, as well as facilitating public access to these legal sources.
Click here to access the compilation on IP legal texts launched by INAPI.
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Representatives of the Government of Araucanía, together with the producers of that area recently were granted the “Capitan Pastene ham leg” (“Prosciutto de Capitan Pastene”) as a Designation of Origin (DO).
The recognition of this product as a Denomination of Origin is primarily based on the quality and uniqueness of this ham, historically associated with their geographical origin in the town of Captain Pastene. The processing techniques, inherited from Italian immigrants, supplemented with local culture and the particular climatic conditions (due to the geographical location) make this a one of a kind product. A hand-made product, the smoking over wood is incorporated as part of its process.
The recognition was delivered during a local food fair called “Chile a la carta.” If you are interested in more information about this food fair, please click here. This new D.O. is expected to help preserve the local culture, increase the demand for the product, and encourage the establishment of new tourist routes in the region.
Maximiliano Santa Cruz, National Director of INAPI, stated that this recognition can “highlight the work of those who have maintained traditional ways of making a ham leg which is distinguished from others manufactured in Chile …Read More
The Chilean government has recently presented a draft Bill seeking to modify the first three articles of the Law 20.243 specifically regarding the rules on the moral and economic rights of performers and artistic performances fixed in audio-visual format.
The amendments to the first article state that the authors shall be governed by the special provisions of this law 20.243 and, in matters not covered by it, by Law No. 17.336, as far as it would be applicable. These amendments also define what should be understood by authors of audiovisual works. This protection extends not only to performers, but also directors and screenwriters.
The third article of this draft bill establishes that the author is given irrevocable right to receive a payment for certain acts and/or actions that can be performed with audiovisual material, as well as its public communication, broadcasting, and/or availability for interactive digital media. Finally, in the fourth article, it is established as mandatory that the payment must be done through the corresponding collective management entity.
On May 7, 2015 the Chamber of Deputies of Chile opened a debate in regard to this initiative.
For more specific information regarding the draft bill, please click here (Bulletin N° …Read More
The Chilean PTO (INAPI) has recently launched the Annual Report 2015, which summarizes the main goals achieved by the office last year.
The report highlights the start of INAPI as an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation Treaty (PCT) for Latin American and Caribbean PCT-members.
Also noted as important in the Chilean IP report is the “Sello de Origen” (Seal of Origin) program for the promotion, preservation, protection and development of domestic products through protection by geographical indications, appellations of origin, collective marks and certification marks. Since its launch in 2012 through late 2014, 12 products have been recognized by this program.
Another important achievement mentioned in INAPI´s report is the new IP draft law aimed at better protection and enforcement of IP rights,as well as a more efficient granting and registration procedure, which has been recently sent to the congress for analysis.
Regarding the access of public to industrial property, the report mentions the launch by INAPI of a search engine of public domain technologies. In addition, several publications were released, training workshops launched and several national cooperation agreements were signed between INAPI and both public and private organizations.
An important …Read More
On April 8, 2015, the registry of “Cordero Chilote” was accepted and became the sixth geographic indication registered in Chile. This will help to promote this typical product of Chile worldwide.
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. That sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin.
In September 2012 the president of the “Ovejero de Chiloé” development company requested the local PTO to grant the special protection of denomination of origin to the product “Cordero Chilote (“Chilote Lamb”).
After analyzing technical studies concerning the components of the product “Cordero Chilote” and their origin, in 2013 the Ministry of Agriculture decided that said product should be protected and become a geographical indication (GI).
Source: http://www.inapi.cl…Read More
The local PTO considers that Law N° 19.039 concerning IP matters should be modified and updated. For this reason, and following the local proceedings, the IP authority sent the draft law to the congress for analysis.
The new legislation will provide new tools to defend IP rights following an easy process, with more legal certainties for the users. This could be a benefit for development of the country in several aspects.
The draft law has the objective of promoting the innovation and transfer of knowledge among consumers, who will be able to distinguish between products and services present in the market in a better way.
The main points of this legislation can be summarized in three aspects:
a) New trademarks categories are included, such as three-dimensional trademarks.
b) There are more benefits concerning fees
c) The trademark and patents process would be improved and simplified.
In light of the present scenario, the public will have to wait until the final approval of the draft law so there will be a new and modern IP Law in Chile.
Source: http://www.inapi.cl…Read More
Start-up Chile was launched in 2010 by the Chilean government with the aim of creating an innovation hub in Latin America by attracting young entrepreneurs from around the world to the country to support the development of start-ups.
This novel business accelerator program, run by Chile’s economic development agency (CORFO), currently is being restructured to increase its economic impact on the national economy by encouraging faster rates of company establishment and expansion to increase sales, income and job creation in Chile. In order to achieve this goal, CORFO and the Chilean PTO (INAPI) are working together to strengthen IP awareness among Start-Up Chile applicants and grantees so they become familiar with how IP can create business value.
IP training programs and workshops will cover all aspects of the IP system and the use of public databases, patent drafting and IP licensing. Additionally, various IP evaluation tools to support effective IP management will also be offered to participants.
The aim of this new IP focus is to ensure that all participants in the program know how to create, protect and transfer their IP within Chile and abroad.
Click here to read the complete article written by Maximiliano Santa Cruz, Director of …Read More
In 2014, about 77 percent of the trademark applications received by the Chilean Institute of Industrial Property (INAPI) were filed in electronic form using its online platform.
In 2012, INAPI launched several online services and the TM application online platform was fully updated. Since the usage of this online tool was very low (about 10 percent), although it had been available since 2004, INAPI took steps in order to encourage its use by applicants. A new dynamic form that guides users during the application process was designed.
As the main reason for formal objections raised by INAPI in TM applications had been incorrect or insufficient description of the products and services to which the TM refers, a list of more than 6,000 preferred terms was integrated into the online application form. Applicants using this option speed up the first evaluation of the application carried out by INAPI.
This “express check” is only possible when both the application and the fee payment are done electronically and the pre-approved terms listed in the dynamic application form are used. As a result, the pendency time for formal examination is reduced to a 10-day average and a minimum of 4 days, a time reduction …Read More
The National Institute of Industrial Property (INAPI) recognized the pottery of Quinchamali as a Denomination of Origin. Mónica Venegas, Head of the Quinchamali Craftsman Union received the designation from the Director General of INAPI, Maximiliano Santa Cruz, in a ceremony celebrated in Quinchamali in December 2014.
Quinchamali unique pottery, focused on black clay figurines with a sgraffiato surface, is popular in the villages of Quinchamali and Santa Cruz de Cuca, in the central Chilean region of Biobio.
It is expected that the recognition awarded to the Quinchamali Craftsman Union, which initiated the registration process in October 2013, will boost the local culture and economy, increase the demand for artisan products and help establish new touristic routes in the region.
Source: http://www.inapi.cl…Read More
As part of the continuous improvement process of the services offered by the Chilean Institute of Industrial Property (INAPI) within the framework of the Patent Cooperation Treaty (PCT), the PTO now accepts the electronic filing of PCT international applications through the WIPO ePCT online service. Additionally, this system will also accept all documentation related with the role of INAPI as Receiving Office (RO), International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).
The ePCT is an online service launched by WIPO for PCT applicants, Receiving Offices (RO) and ISA/IPEA authorities to access the latest bibliographic data and available documents in the databases of the International Office for international applications.
Applicants using the ePCT for the filing of PCT international applications in INAPI as Receiving Office, will benefit from a reduction in the international filing fee charged by WIPO, which is higher than the previously fee under the PCT-EASY option, which is no longer accepted.
To check the PCT international filing fee for INAPI as RO, please click here.
Source: http://www.inapi.cl…Read More