In 2015 the National Institute of Industrial Property (INAPI) was designated as an international searching authority (ISA) and international preliminary examining authority (IPEA) under the Patent Cooperation Treaty. From January 1 2018, the INAPI can issue international search and preliminary examination reports for Chilean applicants and applicants from Latin American and Caribbean countries that have designated the INAPI as their ISA and IPEA.
The National Institute of Industrial Property (INAPI) recently inaugurated its technology and innovation support centre, which was backed by the World Intellectual Property Organisation. The INAPI also recently implemented an advanced electronic signature programme, strengthened security measures to safeguard information and initiated a pilot plan that will enable the institute to become a paperless organisation.
Law 21,045, which was recently published in the Official Gazette, created the Ministry of Culture, Arts and Patrimony and reformed the IP Act through the creation of the National Cultural Patrimony Service. Under the changes introduced, the Intellectual Rights Department is now under the auspices of the National Cultural Patrimony Service. As a result, all IP matters are now part of the new Ministry of Arts, Cultures and Patrimony.
The Trademark Office recently rejected several trademark applications containing the terms 'corporation', 'corporations' or similar when the applicant was not a US-based company on the basis that they would result in error or confusion. However, the Industrial Property Appeals Court dismissed this argument and revoked the Trademark Office's decisions, stating that the law does not require a trademark to be concordant with the applicant's corporate structure or organisation.
After more than eight years of litigation, the Pablo Neruda Foundation (heir to the rights of the Nobel Prize-winning Chilean poet Pablo Neruda) obtained a favourable decision from the Industrial Property Appeals Court regarding its annulment action against the Reyes hereditary succession. This decision is not only relevant as an example of the application of IP Law and the Succession Law, but also refers to one of Chile's most famous names.
The National Institute of Industrial Property (INAPI) recently announced that, as of January 4 2017, it will apply the 11th edition of the Nice Classification for Goods and Services to all new trademark applications. By adopting the 11th edition of the Nice Classification, INAPI now maintains the same standards as the World Intellectual Property Organisation, thus providing improved international protection for trademarks.
A new law has extended the moral and patrimonial rights of performers of audiovisual artistic works to directors and scriptwriters. As a result, directors and scriptwriters now have the inalienable and non-transferable remuneration right established in Law 20,243. Remuneration can be collected through the collective management entity that represents directors or scriptwriters and the amount will be determined according to the rules contained in the Intellectual Property Law.
The Industrial Property Law contains provisions regarding the allocation of IP rights of employee inventions in a number of scenarios, including if an employee is not deemed to perform an inventive or creative task under his or her employment contract and where an employee evidently benefited from knowledge and means provided by the company in the creation of an invention.
The National Institute of Industrial Property and the Industrial Property Appeals Court have been unable to agree regarding the protection of product packaging. The Industrial Property Act establishes that the shape or colour of products or of the packaging and colour itself cannot be registered as trademarks; however, applicants have found ways to bypass this provision in an attempt to register packaging as figurative trademarks.
The World Intellectual Property Organisation recently published the 2016 version of the Nice Classification for Goods and Services. The Chilean Trademark Office announced that the new version of the classification will be applied to all trademark applications and will be available on its website. This move should homologise the criteria applied by the Chilean and foreign trademark offices regarding trademark applications filed in Chile.
The logo design for the 'Chile' origin mark programme has changed. The logo can be used only for products that originate in Chile following authorisation from the Ministry of Economy. The programme aims to ensure that authorised products are of a recognised quality and reputation, or have other relevant characteristics associated primarily with their geographical origin which identify them with Chile and its heritage.
Chile recently ratified the Beijing Treaty on Audiovisual Performances and became the seventh country in the world – and the first in the Americas – to sign the agreement. The treaty gives performers economic and moral rights over their performances, including recorded material and live performances. It will enter into force three months after the 30th ratification is deposited.