The current Chilean Industrial Property law dates back to 1991, although it has been modified three times: in 2005, 2007 and 2011. However, this law does neither adapt to the reality of global and dynamic economy, nor to the international treaties and Free Trade Agreements signed by Chile especially with Europe and USA.
As an example we can see that, in 1991, 16.000 applications for trademarks registration and 800 patents application were filed. In 2012 there were 53.040 applications (33.693 new trademarks and the rest renovations) and 3.760 patents.
The Chilean government decided to draft a new law, whose preparation lasted about three years, collecting opinions from entrepreneurs, professionals and associations.
Reform of industrial property law in Chile: modifications
The new law changes a series of elements which we are now going to comment:
- New definition of a trademark: its definition is extended, which allows including three-dimensional trademarks, holograms and olfactory trademarks.
- Slogans, which today are always protected together with a previously registered trademark, will be autonomous trademarks.