National Institute of Industrial Property bill under consideration

The Chilean Congress is considering a bill that will create a National Institute of Industrial Property. The institute would have as its principal functions the protection of industrial property rights and the administration of industrial property law.

The institute would also:

• act as an advisory body on industrial property matters to the president of Chile;
  
  
• propose the accession or withdrawal from international treaties in relation to industrial property;
  
  
• act as a focal point for communication with foreign and international IP bodies; and
  
  
• assist in raising awareness of industrial property rights and issues.

Importantly, the director of the institute would be the first instance judge in conflicts regarding the registration of rights.

The institute would be a decentralized public body with its own legal personality and would be connected to the government through the Ministry of Economics. The institute would replace the current Industrial Property Department, which is a section of Ministry of Economics and not an autonomous body.

The bill was approved by the Chamber of Deputies on April 11 2007 and is now being discussed by the Senate.

Sergio Amenábar, Estudio Federico Villaseca, Santiago