On June 2014, the chilenian domain register office implemented the new online arbitration system. This will help users and arbitrators with the follow up and resolutions of conflicts regarding domain names.
This tool is part of the plan that the National Counsel of Domain Names and IP Numbers (Consejo Nacional de Nombres de Dominio y Números IP) adopted in 2011 after approving the proposal of NIC Chile related to the regulation of domain names and the procedures to solve disputes.
The new service has a specially designed webpage where all parties involved can follow up each step of the arbitration process in a “safe online environment”. Arbitrators, as well as all parties involved have to work online.
Source: www.nic.cl…Read More
The Chilean Beer market has been investigated during the last year by antitrust institutions and consequently, the United Breweries Company (CCU for its Spanish acronym) was accused in front of the Tribunal for the Defense of Free Competition (TDLC) of registering several foreign trademarks with the aim of disrupting the entry and development of competitors.
Moreover, the CCU has also registered designations of origin of generic beer varieties and geographic indications. However, no products associated to these registrations have been commercialized, thus suggesting the same above-mentioned objective.
The CCU owns 80% of the Chilean beer market and it is thought that the decision of registering under their name trademarks such as Águila (Colombia), Andes (Argentina), Antartic (Brazil), Keller (Spain), Pacífico y Victoria (Mexico) and Taquiña (Bolivia), among others, aims at keeping its dominant position in the national beer market.
This presumption is based on the fact that the CCU has lodged a series of actions aimed at avoiding the commercialization of the products holding the aforementioned trademarks, which CCU then knew to be owned by third parties before registering them under its name in Chile.
Recently, the involved parties have signed an agreement already approved by the TDLC according to …Read More
The Chilean National Institute of Industrial Property (INAPI) was appointed as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patents filed under the Patent Cooperation Treaty (PCT) in October 2012. Due to the implementation process which is being conducted by INAPI, last May Mr. Rolando Hernández, Head of the Office Services Section, PCT International Cooperation Division of WIPO, met in Chile with the main parties involved with the Industrial Property in the country in order to inform them about the last developments of the PCT system and the role that INAPI will play as one of the 19 PCT ISA/IPEA authorities worldwide.
Additionally, Mr. Hernández´s agenda included, among other activities, carrying out a training course for INAPI patent examiners, regarding both legal and procedural issues to take into account when working as a PCT ISA/IPEA.
On June 4, 2014, Maximiliano Santa Cruz, Director General of INAPI and Francis Gurry, Director General of WIPO, signed an agreement at the WIPO office in Geneva that makes official the start of INAPI as PCT ISA/IPEA from October 22, 2014. This agreement establishes the conditions, rights and obligations under which INAPI will carry out its role as ISA/IPEA for Chilean applicants …Read More
Local PTO INAPI recently announced its new service which is called “Renewals in one click”. The main goal is to optimize the process of renewal of registries in Chile.
According to INAPI, in 2013 the process of a trademark renewal took an average of 4 months; because there were 5 basic steps to fulfill:
1. filing the application;
4. payment of the correspondent fee;
5. granting of the renewal application
As with this new online renewal system, the 5 steps were reduced to 1.
One of the advantages of this new online program, is that there is the possibility of making proposals to the trademark owners; in this way, the process of renewal gets shorter ( 1 step and not 5 as required before), because there is no need to correct and update the trademark record they want to renew.
While the main characteristics of this new service are:
- Online log-in to INAPI´s web page, simply renew any TM by clicking the corresponding option and online payment. The user will receive an email confirming the new register number.
- It is also possible to renew a TM with an anticipation of 4 months until 30 days
On April 8, 2014, both the Embroideries from Isla Negra and the Coral Handicraft from Juan Fernández, applied before the National Institute of Industrial Property (INAPI) for a Designation of Origin.
This process is part of the program “Sello de Origen”, which aims at promoting, protecting and boosting typical national products, as well as of the strategic alliance with the Sub secretariat of Regional Development.
The Embroideries from Isla Negra, in Valparaíso Region, are fabrics and textile products made by farmers´ and fishermen´s wives who have become internationally renowned artisans. This application is supported by the Municipality of El Quisco.
The Coral Handicraft from Juan Fernández, also from Valparaíso Region, derives from the Black Coral of Juan Fernández, which is found between 100 and 300 meters deep. Since it is a protected species, the handicraft is currently made from the coral found by chance during fishing. This coral handicraft, whose elaboration started in 1970, is unique in Chile. This application is supported by the Distinguished Municipality of Juan Fernández.
It is expected that the protection of these products as Designations of Origin contributes to the resurgence of the rural culture, increases their demand and encourages the establishment of new touristic …Read More
The agreement that was recently signed by the directors of Chilean and French PTOs has the objective of promoting the cooperation between both parties and exchange experience in the IP field in order to strengthen their work.
This new agreement will allow both countries to share information regarding the modernization and development in Intellectual Property Rights, which consequently will have an impact in the staff training and give the opportunity to share knowledge about legislation and legal studies.
Source: http:// www.sellodeorigen.cl…Read More
Since 2012, the Chilean Institute of Agricultural Investigation (INIA) is an International Depository Authority (IDA), being the first and only one in Latin America.
According to the Budapest treaty, every person, company or organization who would like to file worldwide a patent which contains microorganisms, should send a strain to an International Depository Authority (IDA) in order to obtain a certificate of deposit which conferees intellectual property and protects the deposit of any duplication of the strain (to be protected) that could occur . That certificate should be filed before the local PTO. The strain which was deposited will remain at least 30 years in a freezing process that keeps the original qualities intact in that period of time.
Nowadays, INIA keeps over 2 thousands strains which were deposited by Chileans. This is the first time that a foreign company makes the deposit of the microbiological material.
Only 23 countries in the world have one or more IDAs. Chile is the first one in Latinamerica.
Source: http://www.inapi.cl…Read More
The Araucaria region has requested the recognition of two designation of origin for “Prosciutto del Capitan Pastene” and “Piñon de la Araucaria Andina” and two geographic indications for “Angolino Traditional Tomato” and “Merkén of the Nahuelbuta range”.
These four applications are the first ones that the PTO has received within the program “Sello de origen”. This program was launched in 2011 by the PTO and the Ministry of Economy. The main goal of this project is to encourage the use and protection of the Chilean products by registering designation of origins and/or geographic indications.
Source: www.inapi.cl…Read More
The regulation of the copyright act presents additional requirements for Internet Service Providers (ISPs)
The newly promulgated regulations (28 October) of the Copyright Act (Law N° 17.336) sets new requirements for Internet Service Providers (ISPs) with the objective of restrict of liability provided in this Act.
For example, the bylaws demand that all Internet service providers must designate a representative, for the purposes of receiving notifications of copyright infringement. This information must be published in the web page of each ISP. Other significant provisions included are connected to the amount of the related rights of broadcasters, and the minimum amount that authors are entitled to receive for the use of their works.
Source: www.inapi.cl…Read More
The “Interprofessionel Du Vin of Champagne” committee; which is a French organization that group producers and sellers of Champagnes; presented an opposition to the registration of a trademark which use the term “Champagne” for int. class 3. The main argument filed was regarding the possible confusion that could be caused with the very famous identical denomination of origin.
The IP Tribunal of Chile denied the registration of the trademark “Champagne” that was requested for products of class 3; because it was too similar to the worldwide well known designation of origin and could create confusion among consumers. Also, it may result in consumers confusing the origin of products (Champagne is related to France). This Tribunal recognized a wide protection to the famous designation of origin.
“Champagne” is a denomination of origin which can only be used for “sparkling wines” whose origin are wineries in the French region of the same name.