Geographical Indications Law in Chile
Geographical Indications Law in Chile
1. Legal Framework
Chile has a well-developed legal regime for the protection of Geographical Indications (GIs) and Appellations of Origin (AOs). The key legislation includes:
Industrial Property Law No. 19.039 (1991), as amended
This law regulates trademarks, patents, industrial designs, and also geographical indications and appellations of origin.
It incorporates definitions and protections for GIs and AOs consistent with international standards, particularly the TRIPS Agreement.
Complementary regulations and administrative rules issued by the National Institute of Industrial Property (INAPI).
2. Definitions
Geographical Indications: Signs used to identify a product as originating in a specific place, where a given quality, reputation, or other characteristic is attributable to its geographical origin.
Appellation of Origin: A special type of GI where the quality or characteristics are essentially or exclusively due to the geographical environment, including natural and human factors.
3. Registration and Protection
The competent authority for registration is the National Institute of Industrial Property (INAPI).
Applications for GIs and AOs require:
Identification of the geographical area.
Description of the product and its link to the area.
Evidence that the quality, reputation, or characteristics depend on the geographical origin.
Registered GIs/AOs give the owners exclusive rights to use the indication on the designated products.
Protection prevents:
Unauthorized use.
Imitation or misleading use.
Use that could damage the reputation of the GI/AO.
Protection is granted for 10 years and can be renewed indefinitely.
4. International Agreements
Chile is a member of:
World Trade Organization (WTO) — complies with TRIPS Agreement.
Paris Convention for the Protection of Industrial Property.
Madrid Agreement and Protocol (for trademarks).
Lisbon Agreement — Chile is a party to the Lisbon System for the protection of appellations of origin.
Free Trade Agreements (FTAs) with various countries (e.g., US, EU) that include enhanced GI protections.
5. Examples of Recognized GIs and AOs in Chile
Chilean Wine Regions — including Casablanca Valley, Maipo Valley, and Colchagua Valley.
Chiloe potatoes — a unique variety native to the Chiloé Archipelago.
Pisco — the famous grape brandy from the Elqui Valley and other regions.
Carménère — a grape variety strongly associated with Chilean terroir.
Summary
| Aspect | Details |
|---|---|
| Law | Industrial Property Law No. 19.039 (1991) |
| Authority | National Institute of Industrial Property (INAPI) |
| Protection Term | 10 years, renewable |
| International Framework | TRIPS, Lisbon Agreement, Paris Convention |
| Scope | Agricultural products, foodstuffs, wines, spirits, handicrafts |
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