Industrial Designs Law in Chile
Certainly! Here’s an overview of Industrial Designs Law in Chile:
Industrial Designs Law in Chile
Legal Framework
Industrial design protection in Chile is governed by the Industrial Property Law No. 19,039, amended by Law No. 20,659.
The National Institute of Industrial Property (Instituto Nacional de Propiedad Industrial – INAPI) is responsible for registration and administration of industrial designs.
Chile is a member of the Paris Convention, the Madrid Protocol, the Hague Agreement (for international design registration), and the TRIPS Agreement.
Key Features
1. What Can Be Protected?
Industrial designs refer to the appearance of a product or part of a product.
Includes features such as:
Lines
Contours
Colors
Shape
Texture
Materials
Both two-dimensional and three-dimensional designs can be registered.
2. Requirements for Protection
The design must be new and have an individual character.
Designs that are dictated solely by technical function are not protected.
Designs must not be contrary to public order or morality.
3. Registration Process
Applications are filed with INAPI.
The application must include:
Clear representations of the design (drawings or photographs).
A brief description.
INAPI conducts a formal examination and a substantive examination on novelty and individual character.
If accepted, the design is published in the Official Industrial Property Gazette.
Third parties have the right to oppose the registration within a set period.
4. Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Renewable for two successive periods of 5 years each.
Maximum protection duration is 15 years.
5. Rights Conferred
Exclusive rights to use and exploit the design.
Rights to prevent unauthorized manufacture, sale, importation, or use of products bearing the design.
Rights can be assigned or licensed.
6. Infringement and Enforcement
Enforcement through Chilean courts.
Remedies include injunctions, damages, seizure of infringing products.
Criminal penalties can apply for counterfeiting.
7. International Treaties
Chile is a party to:
Paris Convention
Madrid Protocol
Hague Agreement (since 2014)
TRIPS Agreement
International industrial designs can be registered via the Hague System, designating Chile.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Industrial Property Law No. 19,039 (amended) |
| Registration Authority | National Institute of Industrial Property (INAPI) |
| Protection Duration | 5 years, renewable up to 15 years |
| International Systems | Paris Convention, Hague Agreement, TRIPS |
| Enforcement | Civil and criminal remedies via courts |
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