Region: Chile

Electronic evidence in cancellation proceedings: appeal court issues landmark decision

This decision of the Industrial Property Appeals Court is significant for IP owners and practitioners, as electronic documents are rarely accepted as full evidence by the Chilean courts.

31 October 2023

‘Gorgonzola’ decision provides guidance on how to assess genericity of AOs in Chile

An objection based on genericity against an application for registration of an appellation of origin must be examined under the territoriality principle.

09 August 2023

Chile: Turbulent Year Sees IP Rethink and Introduction of Madrid Protocol

The year 2022 witnessed an overhaul of Chile’s IP regime with significant changes made to its Industrial Property Law and the Madrid Protocol finally entering into force. While the IP law reforms have broadened to include a wider range of non-traditional marks, concerns have been raised about the protocol’s implementation.

30 June 2023

INAPI launches IP Tuesdays; Madrid filings suffer major drop; Squarespace to buy Google Domains – news digest

In our latest round-up, we look at the Italian IP office issuing a fraud warning, IP Australia making organisational changes, and much more.

20 June 2023

Court considers recognition of appellation of origin identical to registered trademark

In a controversial decision, the court dismissed a nullity claim filed by the owner of the mark LOS LINGUES in Class 33 against a decree recognising the appellation of origin ‘Los Lingues’ for wines.

28 April 2023

The social function of trademarks and their protection by state institutions

The social function of trademarks has been revealed - perhaps for the first time in Chile - in a recent case involving one of the country’s largest retail companies.

10 February 2023

Mercado Libre reports infringement drop, but IP protection top concern in Chile

Reports of IP violations on Latin America’s biggest e-commerce platform are declining, but infringing products are still a top concern in some major jurisdictions.

05 December 2022

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

Featured in IP office tools and services

In an update from our regular series on innovation at national IP offices, we hear from representatives at the National Institute of Industrial Property of Chile. 

18 November 2022

Chile: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Trademarks are governed in Chile by Law No. 19,039 (the Industrial Property Law), which has been in force since 30 September 1991. This law has been partially modified four times, with the last substantial amendments being introduced by Law No. 21,355, which entered into force on 9 May 2022.

21 October 2022

The rejection of the proposed new Constitution and its repercussions for industrial property

In a referendum held in September 2022, the Chilean electorate voted to reject the constitutional text drafted by the Constituent Convention. Importantly, the discarded proposal did not include any express recognition of industrial property.

20 October 2022

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