CHILE: NEW SET OF RULES RELATIVE TO THE INDUSTRIAL PROPERTY LEGISLATION IMPLEMENTS TLT (TRADEMARK LAW TREATY) AND PATENT COOPERATION TREATY (PCT)

05 / 03 / 2012

Law Nº 20.569 recently came into effect in our country to amend Law Nº 19.039 on Industrial Property to standardize the process of application for trademarks and patent.

Below, please find a brief summary with the main modifications:

  1. The Powers of Attorney granted to file an application of industrial Property Rights, its renewal or any other steps/procedures before the National Institute of Intellectual Property (INAPI) will not require a notarial attestation.

Likewise, the Powers of Attorney granted abroad shall not need the Public Notary statement   nor to be legalized before at Consul for Chile.

  1. Also, the assignments and other agreements referred to the Industrial Property Rights will not need to a be executed before a Notary Public nor consular authentication in the case of agreements executed abroad, notwithstanding they must bear their date of execution, being   its recordal against official records, necessary in order to have effects against third parties.
  2. Either applications or registrations of trademarks that include several classes shall be divided   by their Owners in the moment they deem it necessary.
  3. With regard to the patents of invention, the Law is amended with the purpose to adapt it to the Patents Cooperation Treaty (PCT) and the National Institute of Intellectual Property (INAPI) has been appointed as the PCT Receiving Office for International Patents, a situation which rules a pre-existing condition.

For more information please contact Bernardo Serrano: bserrano@villaseca.cl.