CHILE LAW AND PRACTICE Contributed by: Fernando Lathrop Aubert, Francisco Cárcamo Valdés, Jimena Illanes Diez, Joyce Jankelevich Mayer, Macarena Jaramillo Solís, Michelle Niedbalski Ramírez, Nicolás Maldonado Leyton and María Fernanda Heusser Errázuriz, Lathrop Mujica Herrera & Diez Abogado
11.2 Intellectual Property Protections In Chile, nationals and foreigners enjoy the same rights – in matters of intellectual property protection, there is no exception, with property rights being prioritised over the nationality of the person exercising them. Industrial property includes: • patents;
(a) if accepted, the application is published in the Official Gazette, so that third parties can oppose the application if they believe it infring - es a ground for non-registration; and (b) if challenged, corrections or clarifications must be submitted. • Final resolution – INAPI’s national director decides to grant or reject the application. Appeals can be made to the Intellectual Property Court. Patent Registration Applications for patents related to inventions, utility models, industrial designs, industrial drawings or inte - grated circuit designs and topographies can be sub - mitted either online or in person. The process involves the following stages. • Filing and preliminary examination – Applicants submit detailed documentation, including technical descriptions. INAPI verifies formal requirements. • Publication and opposition – Abstracts are pub - lished in the Official Gazette so that third par - ties can oppose the application if they believe it infringes upon a ground for non-registration. • Expert review – If no opposition is raised, an expert conducts a substantive examination. • Final resolution – INAPI grants or denies the patent. • PCT application – This streamlines international patent filing, allowing foreign investors to secure IP protection in Chile as part of a global strategy, according to the framework provided in the Patent Cooperation Treaty. Copyright and Related Rights Copyright comprises the legal provisions that safe - guard the rights of authors and their intellectual crea - tions, as well as those of copyright holders, including the author’s surviving spouse, heirs, assignees and legatees. It protects artistic and literary works, original software, databases, and other forms of intellectual property. • Registration – managed by the Intellectual Rights Department under DIBAM. • Evidence of ownership – registration serves as prima facie evidence of authorship and protects both moral and economic rights.
• utility models; • trade marks;
• collective marks; • industrial designs; • trade secrets; • certification marks; • geographical indications; and • designations of origin.
The agency responsible for the registration of Indus - trial Property rights, as referred to in Law No 19,039 of 1991 and its Regulations, is INAPI. Additionally, there are other agencies that must approve designations of origin, geographical indications, traditional knowledge and genetic resources with the Ministry of Agriculture, Agricultural and Livestock Service, the Office of Agri - cultural Studies and Policies, and the Department of Intellectual Rights and the Council of Culture (DDI). 11.3 Data Protection and Privacy Considerations In Chile, personal data protection is constitution - ally recognised in Article 19 (4) of the Constitution of Chile and primarily regulated by Law No 19,628 of 1999, recently amended by Law No 21,719, enacted on 13 December 2024. This amendment aligns Chil - ean regulations with international standards such as the General Data Protection Regulation (GDPR) of the EU, modernising the legislation by consolidating rights and obligations, introducing stricter sanctions, and establishing a specific institutional structure. The new law will come into effect on 1 December 2026, and will apply to public or private natural or legal per - sons, regardless of their size or sector. This legal framework will also have international reach when it involves the transfer of data outside Chile. It will apply in the following cases:
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