CHILE Law and Practice Contributed by: Gonzalo Bossart and Francisco Moya, Moya & Bossart
The sanctions for violations are essentially dismissal for current directors and a ban on holding such posi - tions in the future. This is without considering any potential civil and criminal liabilities that may arise as a result of the damages caused. Regarding suitability and capabilities, the law only establishes special requirements for the directors of the National Sports Federations, requiring them to be at least 21 years of age and to have higher education (or, alternatively, to have completed a training course in sports management and administration). Insolvency of Sport Organisations Regarding the insolvency of a sports organisation, in the case of sports corporations, the law that regulates them is not specifically concerned with this matter. Regulation occurs instead via the general regulations for corporations, which prevent administrative, civil and criminal sanctions for both administrators and directors. Unlike the laws of the Republic of Chile, the regula - tions of the ANFP establish sporting sanctions in the event of the insolvency of a sports organisation. Spe - cifically, the ANFP statutes prohibit the registration of contracts for players and members of the coaching staff of clubs that are in a state of serious financial insolvency. 4.3 Sport Funding The main forms of financing for sports organisations include: • state funding;
bility to the state. In professional sports, specifically football, the opposite is true. This activity is financed almost exclusively by private contributions, with tel - evision rights being its main source of income. How - ever, the state does participate in professional football through sports infrastructure, as its high cost is borne by the government in the vast majority of cases. State funding includes: • the National Fund for the Promotion of Sport; • sports subsidies; and • donations for sporting purposes. While sports donations come from private sources, they take the form of tax deductions. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks To register a trade mark in Chile, a procedure must be followed before the National Institute of Industrial Property ( Instituto Nacional de Propiedad Industrial – INAPI). According to the law, trade marks that are generic, descriptive, misleading, immoral or similar to others already registered cannot be registered. Registering a trade mark in Chile grants its owner exclusive rights to use and enjoy it for ten years, with the possibility of renewal. It is important to emphasise that this protection only covers the national territory. Notwithstanding the foregoing, the right holder must use it within five years of registration to avoid expira - tion. Notable Case Despite opposition from the English football club Man - chester City, the “Santiago City FC” trade mark was duly registered by INAPI, so the Chilean club enjoys protection to use the trade mark within the national territory. 5.2 Copyright/Database Rights Copyright is recognised by law in Chile. For its pro - tection, the law requires the existence of a physical medium that establishes the identity of the copyright
• ticket sales; • sponsorship; • TV rights; • merchandise; and • stadium rentals.
While this model applies to the entire world of sports, there is a significant difference between amateur and professional sports. Amateur sports survive primarily because of state funding. Given its low profile and Chile’s relatively small size, the “image” of amateur sports is not very marketable, which generally dis - courages private investment, leaving that responsi -
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