After more than two years of being processed in the National Congress, the so-called “Short” Intellectual Property Law was approved in Chile. This law introduces amendments to current law No. 19,039 so as to improve the current intellectual property system, allowing for enhanced protection and compliance with these rights and establishing more efficient and expeditious registration procedures which make the process easier for users.
The new law incorporates amendments in relation to different categories of rights. In relation to trademarks, the recognition of new types of non-conventional trademarks is included, such as olfactory trademarks and three-dimensional trademarks. Commercial and industrial establishment trademarks are eliminated, and the action for invalidation on the grounds of non-use is incorporated. In addition, the crime of “trademark counterfeiting” is classified for the first time, making it punishable with a custodial sentence of up to 3 years.
In relation to patents, provisional patent applications are incorporated, with Chile becoming the first country in Latin America to recognise this concept. A new action is established for controlling patent usurpation, protecting the legitimate proprietor, and amendments are made in relation to the supplementary protection of patents.
In relation to industrial designs and drawings, the new law allows choosing a shortened procedure for registering designs and drawings without requiring a substantive examination, which may be required at a later time in the event of any dispute.
These are just some of the main amendments which, together with improvements to the procedure, seek to enhance the intellectual property system in Chile.
The project must now be sent to the Executive branch and will become effective once its implementing regulation is published in the Official Gazette, six months after it has been passed.
From ClarkeModet Chile, we will keep you informed about the latest developments in this regard.