Chile

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.

Innovation at the Chilean IP office: spotlight on trademark tools and services
How INAPI is tackling gender misrepresentation in intellectual property
16 Mar 2020

How INAPI is tackling gender misrepresentation in intellectual property

The Chilean National Institute of Industrial Property has introduced several ambitious initiatives to improve gender equality in the field. Director General Loreto Bresky outlines the most groundbreaking of these.

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

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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

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

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

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

Anti-Counterfeiting

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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

2 Jan 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more

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

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

Brand management

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17 Sep 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile. 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

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

Enforcement and Litigation

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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

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

Government/Policy

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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

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. 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

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

Law Firms

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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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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

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

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 <em>per capita</em> a year, according to new research.

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4 Apr 2017

IP office of Chile reacts to rankings research, highlights efforts to innovate in trademark services

For the current issue of <i>World Trademark Review</i> magazine we undertook a research project to identify the IP offices most committed to value-add offerings for users. In response to the article, Maximiliano Santa Cruz, director of the National Institute of Industrial Property of Chile (INAPI), has contacted us to provide an update on how the office is seeking to foster "balanced IP systems that stimulate innovation and entrepreneurship".

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Online

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6 Nov 2013

'.cl' registry announces changes to registration and dispute resolution policies

NIC Chile, the registry responsible for managing the ‘.cl’ domain name space, has announced the implementation of changes to its registration and dispute resolution policies to bring it into line with global industry practices. These changes will come into effect on December 1 2013.

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22 Jan 2010

Losing party ordered to pay costs in domain name dispute

The Court of Appeal has confirmed that the losing party in a domain name dispute can be condemned to pay the costs, and that the term for executing the costs order is independent from the date of the principal judgment. Therefore, in the present case, the period for bringing the executory proceedings had not expired.

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22 Sep 2003

APALTA is an appellation of origin not a trademark, rules panellist

In <i>Jose Rybertt y Cia Ltda v Montes SA</i>, NIC Chile panellist Luis Felipe Claro
Swinburn has dismissed Montes SA's opposition to the registration of 'vinosapalta.cl'.
Claro Swinburn held that although Montes owns the FINCA DE APALTA mark, it was
using it as an appellation of origin, which merely indicates that its wine is
produced in the Apalta Valley in Chile.

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29 May 2003

NIC Chile appoints new arbitrators to meet '.cl' dispute demand

NIC Chile, the body responsible for administering the country-code
top-level domain '.cl', has chosen five new arbitrators to join 21 others currently
offering domain name dispute resolution services. The appointments reflect the
growing popularity of NIC Chile's arbitration system.

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Portfolio Management

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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

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

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

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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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

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