CHILE Law and Practice Contributed by: Patrick Humphreys, Daniela Gazmuri Larraín, Paula Lühr, Ian Hinzpeter, Camila Leviante, Beatriz Riveros and José Luis Bravo, Garnham Abogados
cally when the work is created, so registration is not required for the right to exist. As a rule, copyright lasts for the life of the author plus 70 years, although spe - cific rules may apply to certain categories of works. Registration is available and is often useful as evi - dence of authorship, ownership, date, and content of the work. For companies, the key practical issue is ownership. Works created by employees, contractors, designers, software developers or advertising agen - cies should be covered by clear written assignment or licence provisions. Copyright may be enforced through civil and crimi - nal actions. Remedies include injunctions, damages, seizure or removal of infringing copies, destruction of unlawful copies, and criminal penalties in serious cas - es. In practice, many disputes arise from unclear own - ership rather than deliberate piracy, so good contracts and record-keeping are as important as enforcement. 7.5 Others Software is protected mainly by copyright in Chile. Source code, object code and related documentation may be protected, but the underlying idea, function, algorithm, or business method is not protected mere - ly because it appears in software. Software-related inventions may be patentable only where they meet the usual technical requirements. Databases may be protected by copyright where their selection or arrangement is original. Chile does not provide a broad standalone database right equivalent to the EU-style sui generis database right. As a result, valuable datasets are commonly protected through contracts, access controls, confidentiality obligations, technological measures and, where applicable, trade secret rules. Trade secrets protect confidential technical or busi - ness information that has commercial value because it is secret and has been subject to reasonable meas - ures to keep it confidential. No registration is required. Examples include formulas, source code, customer lists, pricing models, business plans and manufactur - ing processes.
In practice, trade secret protection depends on dis - cipline. NDAs, employment and contractor clauses, restricted access, cybersecurity controls, internal classification and exit procedures are all important. Once information becomes public, protection may be lost. Foreign companies should also consider whether to register.cl domain names, obtain plant variety rights where relevant, and make use of customs measures for counterfeit goods. A practical Chilean IP strategy should combine early registration, clear ownership contracts, confidentiality controls and active market monitoring. Data protection in Chile is recognised as part of the constitutional right to privacy and protection of per - sonal data. The main statute currently in force is Law No 19,628 on the Protection of Private Life (commonly referred to as the Data Protection Law or LPD), which regulates the processing of personal data by both pri - vate entities and public bodies. Under the current LPD, the general rule is that per - sonal data may be processed when the data subject has consented or when the processing is authorised by law. The law also grants individuals basic rights to access, correct, cancel or block the use of their data, and it contains specific rules for economic, financial, banking and commercial information, which are par - ticularly relevant for credit reporting and consumer finance. Reform Under Law No 21,719 A major reform which substantially amends the LPD and creates a new institutional framework for data protection in Chile will enter into force on 1 December 2026, giving companies a transition period to adapt their policies, contracts, security measures and inter - nal governance. 8. Data Protection 8.1 Applicable Regulations Current Legal Framework Law No 21,719 brings Chile closer to international standards, especially the European Union’s General
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