INTA Applauds Proposal to Amend Chilean Industrial Property Legislation

Published: January 15, 2019

As the Chilean government actively considers a bill that will amend the country’s intellectual property (IP) law, INTA recently engaged in discussions with key officials and submitted comments applauding the intention to strengthen rights under IP legislation.

Overall, INTA noted that the proposed updates are a “positive initiative” that will create stronger rights and more efficient and expedited registration procedures. It also specifically cited its agreement with the modification and enhancement of the definition of a trademark to include all types of nontraditional marks and subjecting a trademark registration to non-use cancellation. The Association’s comments also included some suggested modifications to the bill.

The bill amends Chilean Industrial Property Law No. 19.039; Law No. 20.254, which establishes the National Institute of Industrial Property; and the Criminal Procedure Code regarding trademarks and other IP rights. The Economy Commission of the Chamber of Deputies of the National Congress of Chile approved the bill (with modifications to the original document) on December 18, 2018, and it is now preparing a report to send the bill to the Financial Commission of the Chamber of Deputies. Once the Commission approves the bill, it will be sent to the Economy Commission of the Senate for discussion.

INTA submitted its comments on December 17, 2018, to the President of the Economy Commission, Alexis Sepúlveda Soto, and to the Commission’s other members, after collaborating with several INTA committees, including the Famous and Well-Known Marks Committee, Anticounterfeiting Committee, Trademark Office Practice Committee, Enforcement Committee, Geographical Indications Committee, and Legislation and Regulation Latin America Subcommittee.

Earlier, on November 26, José Luis Londoño, INTA’s Chief Representative, Latin America and the Caribbean, and Legislation and Regulations Subcommittee Members Antonio Varas (Porzio Rios Garcia, Chile) and Ignacio Martinez (Aguayo, Ecclefield & Martinez, Chile) met with Mr. Sepúlveda to introduce INTA and to express its special interest in actively participating in the discussion regarding the amendments.

During the meeting, INTA representatives noted the Association’s key role in helping to advance amendments to legislation and regulations in other Latin American countries, such as Argentina and Mexico in 2018. Mr. Sepúlveda was receptive to INTA’s suggestion to participate in the process and requested written comments.

For more details on the proposed amendments to the IP law, see Law & Practice: Chile.

Several Latin American IP Offices Welcome New Leaders

For some IP offices in Latin America, 2018 was a year of change. Colombia, Paraguay, and Mexico now have new heads of their IP offices, and Chile is waiting for one to be nominated. To maintain the good relationships and to continue building trust with these entities, INTA has been making efforts to introduce INTA to the new leadership.

INTA reached IvÁn Mauricio Pinzón Jiménez, Delegate Superintendent for Industrial Property of the Superintendence of Industry and Commerce of Colombia, and Juan Lozano, Director General of the Mexican Institute of Industrial Property, to congratulate them on their new positions. INTA also informed them about the Association and its undertakings, such as an upcoming second Latin America economic impact study, which will include Colombia and Mexico as well as eight other regions.

INTA also congratulated Joel Emiliano Talavera ZÁrate on his new role as the National Director of the National Directorate of Intellectual Property of Paraguay (DINAPI). He confirmed that DINAPI will host INTA’s fourth seminar on the role of IP offices in IP enforcement rights in Latin America and the Caribbean in April 2019.

INTA’s Latin America & the Caribbean Representative Office, based in Santiago, Chile, represents the Association’s 821 members across the region. Working in collaboration with staff at INTA’s headquarters in New York City, the Latin America & the Caribbean Representative Office leads the Association’s policy, membership, marketing, and communications initiatives throughout this region. To learn more about INTA’s activities in Latin America and the Caribbean, please contact INTA Chief Representative Officer of the Latin America & the Caribbean Office José Luis Londoño at [email protected].

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

© 2019 International Trademark Association