Chile

South African police attacked during counterfeit raid, Chile IP office new director, and Airbnb versus Hairbnb: news digest

In our latest edition, we look at the 2 millionth trademark application at the EUIPO, a new report finding that UK students are "actively disloyal" to brands, a collection of fake video games released, and much more.

South African police attacked during counterfeit raid, Chile IP office new director, and Airbnb versus Hairbnb: news digest
12 Mar 2019

ICANN delays '.amazon' decision; tech giant's TLD remains in limbo

ICANN has passed a resolution that ends the organisation's efforts to lead a facilitation process aimed at settling a domain name dispute between Amazon and the Amazon Cooperation Treaty Organisation.

27 Feb 2019

IP offices of EU, Chile, Singapore and Spain named most innovative in the world

In exclusive research from WTR, the EUIPO has been ranked as the most innovative IP office in the world for the third year in a row. Closely behind are the registries of Chile, Singapore and Spain.

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6 Aug 2019

Supreme Court confirms refusal of CLOS DE PIRQUE for wine

The Chilean Supreme Court has upheld a decision of the IP Court refusing an application for CLOS DE PIRQUE in Class 33 on the ground that the mark consisted of an EU ‘traditional term’ and a Chilean appellation of origin.   Read more

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

26 Jun 2019

Owners beware: severe restrictions placed on trademarks in the pharma industry

Since 2015 the Chilean Congress has been discussing a bill that will modify the country’s legislation on pharmaceuticals. However, in the past months the bill has undergone various modifications that would severely restrict the use of trademarks in the industry.    Read more

26 Mar 2019

Victory for Nestlé as Supreme Court recognises broader scope of protection afforded to famous marks

The Chilean Supreme Court has recognised the wide scope of protection afforded to famous trademarks in opposition proceedings involving Gloria SA’s application for GLORIA FOODS and Nestlé’s earlier mark GLORIA. Read more

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Anti-counterfeiting

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13 Mar 2018

Procedures and strategies for pharmaceutical brands: Chile

Two frameworks are applicable to pharmaceutical marks in Chile. The Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; the Sanitary Code and Decree 3/2010 regulate the pharmaceutical product marketing authorisation procedure. Read more

18 May 2017

Procedures and strategies for anti-counterfeiting: Chile

Counterfeiters are increasingly using Chilean ports to enter Latin America. Chile is one of the most stable and strongest economies in the region, and the country’s geography makes it an attractive gateway to the continent for products manufactured in Asia.  Read more

28 Mar 2017

National Customs Service carries out largest-ever seizure of counterfeit goods

The Chilean Customs Service has seized, in the free port of Iquique, a shipment of 238,418 sport shoes bearing the trademark EILA, which was written in such a way as to resemble the original trademark FILA, owned by Fila Luxembourg SARL. This seizure is the largest-ever border measure carried out in Chile. Read more

Brand management

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20 Mar 2018

Franchising in Chile: a guide to enforcement and termination

This series outlines the legislative framework for franchising in nine jurisdictions across Asia and South America. In this instalment, we focus on the enforcement and termination of agreements in Chile. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

Enforcement and litigation

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6 Aug 2019

Supreme Court confirms refusal of CLOS DE PIRQUE for wine

The Chilean Supreme Court has upheld a decision of the IP Court refusing an application for CLOS DE PIRQUE in Class 33 on the ground that the mark consisted of an EU ‘traditional term’ and a Chilean appellation of origin.   Read more

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

26 Mar 2019

Victory for Nestlé as Supreme Court recognises broader scope of protection afforded to famous marks

The Chilean Supreme Court has recognised the wide scope of protection afforded to famous trademarks in opposition proceedings involving Gloria SA’s application for GLORIA FOODS and Nestlé’s earlier mark GLORIA. Read more

12 Sep 2018

Trademark procedures and strategies: Chile

The Chilean Institute of Industrial Property (INAPI) may reject an application on the basis of an unregistered prior mark, provided that the existence of the unregistered trademark is publicly known to the extent that its renown does not require evidence. Read more

Goverment/policy

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11 Sep 2017

Study suggests “huge potential” for economic growth in Latin America through trademark promotion

Trademark-intensive industries across Chile, Colombia, Mexico, Panama and Peru account for 18.5 million jobs and $2,390 of value per capita a year, according to new research. Read more

IP offices

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4 Dec 2018

Angola brand deadline looms, France and Peru sign IP action plan, and new Chile trademark guidelines: news round-up

In our latest round-up, we look at the United Kingdom’s IP minister seat being vacant once again, question marks over affiliate links on Instagram, puns being encouraged at the Philippines IP office, and much more. Read more

27 Sep 2018

“IPOs can be at the forefront of digital transformation in governments” – interview with INAPI’s outgoing director

Maximiliano Santa-Cruz is leaving his role as national director of Chile’s National Institute of Industrial Property (INAPI). In an exclusive interview with WTR, he tells us that the role of IP offices must evolve to meet the challenges of the modern world. Read more

17 Aug 2018

Chile punches well above its weight from a trademark and branding perspective: exclusive data analysis

In this week’s country data report, we examine the major trademark trends in the Chilean market. We show that both domestic and foreign filings are stable, reveal the most valuable brands in the country, and analyse the key trademark classes used for both inbound and outbound applications.   Read more

20 Feb 2018

Online trailblazers – the IP offices breaking new ground in digital services, and those falling behind

In the second of our four-part series on IP office innovation, we take a look at digital tools and services. We reveal the registries leading the way in areas including website functionality, e-filings and open data access. Read more

Portfolio management

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20 Mar 2018

Franchising in Chile: a guide to enforcement and termination

This series outlines the legislative framework for franchising in nine jurisdictions across Asia and South America. In this instalment, we focus on the enforcement and termination of agreements in Chile. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

29 Nov 2017

TVN defeats American Idol and Pop Idol in trademark dispute

British company FremantleMedia recently opposed Televisión Nacional de Chile's (TVN's) ÍDOLOS mark, but TVN eventually prevailed after an appeal. Read more

29 Mar 2017

Trademark procedures and strategies: Chile

Major amendments to the Trademarks Act were passed in 2014, partially to facilitate implementation of the Nice Agreement, the Singapore Treaty and the Madrid Protocol. Most notable among these amendments is the elimination of use as a registration requirement. The amendments received royal assent, but have not yet been implemented. The latest projections suggest that implementation could take place in 2019. Read more

Trademark law

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19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more. Read more

9 Oct 2018

Supreme Court: trademarks must be assessed as a whole

In a significant decision, the Chilean Supreme Court has reversed a decision of the Court of Appeal in Industrial Property Cases in which the latter had rejected an opposition against the registration of the mark CALLY based on the earlier mark CALLIA. Read more

28 Jun 2018

Mark owners beware: new food labelling regulation may restrict trademark rights

In an action filed by Evercrisp (a subsidiary of Pepsico), a Chilean court has held that the restrictions imposed by the new food labelling regulation do not imply an expropriation, but only a limitation of trademark rights based on public health reasons. Read more

11 Apr 2018

Joint ownership and exclusive rights: Supreme Court issues decision in ANTUMANAL case

The Chilean Supreme Court has upheld the dismissal of complaints against the jointly-owned trademark ANTUMANAL, ruling out bad faith on the part of the defendant. Read more

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