Find Lawyers in Santiago, Chile for Intellectual Property Law
Practice Area Overview
The Political Constitution of the Republic of Chile protects the freedom to create and disseminate the arts as well as the author's right to intellectual and artistic creations of any kind and also guarantees industrial property over patents, trademarks, models, technological processes, or other similar creations, for the time established by law.
Chile is a party to numerous multilateral and bilateral international intellectual property treaties, and some of their provisions have been fully or partially incorporated into domestic law, such as TRIPS (The Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Paris Convention.
Copyright is protected and regulated by Law No. 17,336 of Intellectual Property and other complementary laws. Law No. 17,336 contains rules on rights and protected works, subjects of protection, duration of protection, moral rights and property rights, their exercise and limitations, as well as regulates some contracts such as representation and editing. The law establishes rules on the Registry of Intellectual Property. It also describes crimes against intellectual property, civil, and criminal actions to enforce such actions. It also regulates collective management entities of copyright and related rights.
Industrial Property (trademarks, patents, appellations of origin and geographical indications, business secrets) is regulated by Law No. 19,039 which contains the rules on the examination and registration of Industrial Property rights. The National Institute of Industrial Property (INAPI) is the authority responsible for the registration of these rights and also acts as judge of first instance in the procedures of opposition and nullity of these rights.
In addition to the Paris Convention, Chile also has adhered to the Trademark Law Treaty (TLT) and the Patent Cooperation Treaty (PCT), among others. It should be noted that the INAPI has been designated ISA/IPEA, namely international search and preliminary examination authority.
In terms of designations of origin and geographical indications, there are also rules of domestic law that regulate some local denominations (e.g. Chilean Pisco, Wine Zoning).
In plant varieties, Chile adheres to UPOV 78. Law No. 19,342 regulates the rights of breeders of new plant varieties.
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Partner of Carey and co-head of the firm´s Intellectual Property and Information Technology Group. His practice focuses on trademark and patent procedures and prosecution; licensing, distribution and franchise agreements; and anti-counterfeiting. For more information, please visit: https://www.carey.cl/en/resume/francisco-carey/
Partner of Carey and co-head of the firm’s Intellectual Property and Information Technology, Venture Capital and Private Equity Groups. Also, he is the head of the Life Sciences, Technology and Consumer Law Group. His practice specializes in intellectual property, life sciences, IP litigation, licensing, distribution and franchise agreement, data privacy, technology law, trademarks, patents, electronic commerce, technology transfer and artificial intelligence. Guillermo has advised high...
Counsel of Carey’s Intellectual Property and Information Technology Group. His practice focuses on intellectual property, especially on invention patents, including strategies for protection mechanisms, administrative and contentious registration processes, nullity procedures for granted registrations, technology transfer projects, and trademark and patent infringement litigation. For more information, please visit: https://www.carey.cl/en/resume/fernando-garcia/
Claudio Magliona excels in corporate and financing law, technology law, telecommunications, and intellectual property. His work spans corporate structures, mergers and acquisitions, licensing, software development agreements, franchising, data protection, computer crime prevention, and film distribution. He is also adept in government relations and policy matters. Relevant transactions include: the acquisition of Bazuca.com by VTR in 2007, the acquisition of Deremate.com Chile by MercadoLibre...
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