12 / 05 / 2022

On this Monday, the new regulation complementary to Law No. 19,039 on Industrial Property was published in the Official Gazette of the Republic of Chile, and with which enter in full force the modifications introduced by Law 21,355, published in July last year and which modernizes the norm in our country in this matter. Among the novelties to be highlighted, in the area of patents, the figure of “provisional patent” is incorporated, valid for twelve months while the background for the processing of the definitive application is completed. In addition, it establishes the action of “patent usurpation”, which allows the protection of the rights of its legitimate owner against third parties who have obtained the patent without right. There are also changes in the terms of protection for drawings and industrial designs that are extended from 10 to 15 years, as well as the incorporation of an abbreviated procedure for these.Regarding trademarks, the law incorporates new types of distinctive signs, such as three-dimensional and olfactory ones, and creates requirements for certification and collective trademarks. Likewise, the cancellation action for non-use of the brand upon request of a third party is introduced, establishing its condition.

The complete regulation can be consulted here.

For further information, please contact to: ÁLVARO ARÉVALO (AAREVALO@VILLASECA.CL)