Chile

IP offices should be “protagonists and agents of change” urges INAPI director after launch of new multinational IP and gender network

Chilean National Institute of Industrial Property Director Loreto Bresky calls for IP offices to increase collaboration and follow in the footsteps of the new Latin American Network of Intellectual Property and Gender.

IP offices should be “protagonists and agents of change” urges INAPI director after launch of new multinational IP and gender network
Exclusive roundtable – how three leading IP offices are stepping up their diversity, sustainability and accessibility agendas
17 Jun 2021

Exclusive roundtable – how three leading IP offices are stepping up their diversity, sustainability and accessibility agendas

The Long Read: The EUIPO, the Intellectual Property Office of the Philippines and the Chilean National Institute share insights into what they are already doing to address diversity and inclusion within the workplace, while reducing their carbon footprints, along with how they plan to improve further.

“Joy and tranquility” – former INAPI director reacts to Chile moving closer to Madrid Protocol in exclusive interview
25 May 2021

“Joy and tranquility” – former INAPI director reacts to Chile moving closer to Madrid Protocol in exclusive interview

In an exclusive interview with WTR, INAPI’s former director Maximiliano Santa Cruz shares his perspective on Chile taking a step closer to the Madrid Protocol and calls for the registry to incorporate copyright and plant varieties.

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31 Aug 2021

Chilean Congress finally approves Madrid Protocol after government push

After 20 years of toing and froing, the Chilean Congress has finally approved the Madrid Protocol. It is now expected that Chile could ratify the protocol with WIPO by December. Read more

29 Jul 2021

Chile

Trademarks are governed in Chile by the Industrial Property Law (19.039) (in force since 30 September 1991, modified by Law 19.996, in force since 14 December 2005) and Law 20.160 (in force since January 2007, regulated by Decree 236, published on 1 December 2005 and modified by Economy Decree 36 of 23 May 2012). Read more

28 May 2021

Important modifications to the Industrial Property Law: what you need to know

The recently-approved amendments to the Chilean Industrial Property Law represent an important legislative milestone, with some of the changes - such as the introduction of non-use cancellation actions - having been on the table for years. Read more

21 May 2021

Chilean Senate approves Madrid Protocol; UKIPO publishes new corporate plan; Anaqua acquires Actio IP – news digest

In our latest round-up, we look at Alt Legal partnering with Clarivate, a brand incubator landing $70 million in funding, the USPTO announcing new covid-19 pilots, and much more. Read more

Anti-Counterfeiting

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30 Apr 2021

Walmart takes on Kanye West; EUIPO extends presence in Africa; Crayola teams up with Build-A-Bear – news digest

In our latest round-up, we look at the USPTO seeking innovation medal nominations, the McCarthy Institute heading to Arizona, delivery apps changing the branding game, and much more. Read more

23 Apr 2021

Chile to allow non-traditional trademarks; Spanish government pledges IP commitment; GRILLOUMI dispute – news digest

In our latest round-up, we look at Chinese officials obtaining registered trademarks for the entire South China Sea, Dubai Customs recycling 134,000 counterfeit items, and much more. Read more

30 Mar 2021

France victorious in ‘france.com’ dispute; USPTO issues credential warning; EUIPO gets Green Apple award – news digest

In our latest round-up, we look at the UKIPO welcoming its position on the US Chamber 2021 Global IP Index, a CBD trademark spat resolving, the Chilean IP Office updating its trademark renewal system, and much more. Read more

23 Mar 2021

Apple counterfeits takedown blitz; Chile moves closer to Madrid Protocol; fake 3M mask warning – news digest

In our latest round-up, we look at a new anti-counterfeiting label being developed, Everlast inking a deal with SportLife Brands, the Mongolian IP Office joining a gender campaign, and much more. Read more

Brand management

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9 Apr 2021

FIFA licensing boon; former USPTO director rejoins law firm; INAPI hosts first gender roundtable – news digest

In our latest round-up, we look at GoDaddy increasing its TLD portfolio, Timberland’s trade dress getting the boot, the Peruvian IP office warning political parties to respect IP, and much more. Read more

8 Jul 2020

Key requirements for trademark licensing in Latin America and the Caribbean

When creating a regional licensing programme, understanding the nuances of the rules and regulations at jurisdictional level is key to success. Read more

17 Mar 2020

Trademark procedures and strategies: Chile

Trademarks are governed in Chile by the Industrial Property Law (19.039) and Law 20.160. Read more

17 Jan 2020

KIPO urges idol IP protection, Extinction Rebellion brand headache, and CCFN praises US-China deal: news digest

In our latest round-up, we look at a Love Island star being reprimanded due to an Instagram post, the theme for World IP Day 2020, the Chilean IP office being praised for a reduction in the gender gap, and much more. Read more

Enforcement and Litigation

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2 Nov 2020

Puma successful on appeal to the Supreme Court in PUMAKATARI case

This decision of the Chilean Supreme Court is significant in that it establishes that the protection of famous trademarks prevails over the principle of specialty. Read more

28 Jul 2020

Court of Appeal issues important decision on link between trademarks and domain names

In an action for the revocation of the domain name ‘multimed.cl’, filed by the owner of the trademark MULTIMED, the Ordinary Court of Appeals has held that a domain name is the projection of a trademark in the digital environment, where their functions are linked. Read more

22 Apr 2020

Talcahuano Customs makes historic seizure of counterfeit pills

Within the context of strict controls on health products due to the current covid-19 pandemic, on 12 March 2020 customs agents in Chile seized a significant amount of counterfeit fat-burning pills. Read more

14 Jan 2020

Supreme Court provides guidance on assessment of evidence in trademark cancellation action

In a cancellation action involving the mark MI COPILOTO, the Chilean Supreme Court has considered whether uncertified copies could be admitted as evidence of a trademark’s reputation. Read more

Government/Policy

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28 Oct 2020

“An outstanding response” – Chilean IP office recovery praised after second arson attack on headquarters

The Chilean National Institute of Industrial Property has suffered a second arson attack in less than a year, with national director Loreto Bresky describing it as a “hard blow” for the agency. Read more

17 Sep 2020

Innovation at the Chilean IP office: spotlight on trademark tools and services

In the latest in our regular series, representatives from the National Institute of Industrial Property of Chile exclusively share information on the innovative tools and services that have launched or are being developed for the future. Read more

14 Jan 2020

“We will overcome this painful moment” – Chilean IP office recovers after protesters attack headquarters

The Intellectual Property Office of Chile (INAPI) has re-opened to customers after its headquarters suffered devastating damage from protesters. We talk with the registry's national director on its ongoing recovery efforts. Read more

22 Oct 2019

Fake news trademark stunt, Chile extends all IP matters, and Lichtenstein joins TMview: news digest

In our latest round-up, we look at Kanye West being denied a trademark for the term ‘Sunday Service’, adidas prevailing in Japan, the UK Intellectual Property Office notifying users of planned maintenance after Brexit, and much more. Read more

Law Firms

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22 Nov 2019

INTA award winners, Brexit Party cease-and-desist, and Chile IPO deadline extensions: news digest

In our latest edition, we look at the EUIPO approving the Strategic Plan 2025, Nominet releasing its Criminality Report, WIPO kicking off a new case law publication series, and much more. Read more

11 Jun 2019

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. 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

3 Aug 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the <i>WTR 1000</i> research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.

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IP Offices

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31 Mar 2021

Applications filed by women increase 101% in Chile – but wider industry input required to drive true parity

A recent report from the Chilean National Institute of Industrial Property has revealed that the number of trademarks filed by women increased significantly over the past year. Speaking to WTR, national director Loreto Bresky reflects on various initiatives behind the hike. Read more

4 Jan 2021

Fame in South America: how to establish and wield well-known status

Renown is a powerful tool for trademark practitioners, but when seeking to establish and utilise it in Central and South America, local nuance is all important. Read more

17 Dec 2020

“Not sure it is the right time”: practitioners question Chile’s move to approve the Madrid Protocol

Local experts have expressed concern that the country’s existing legal structures may not be ready to handle international registrations after joining the Madrid Protocol. Read more

6 Apr 2020

Equality: The challenge of gender equality in intellectual property

The Chilean National Institute of Industrial Property has introduced a number of new initiatives in a bid to improve the representation of women in intellectual property. Read more

Online

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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. Read more

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

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

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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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

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

Trademark law

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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.

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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.

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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

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