30 / 04 / 2019

One more year (now 13 in a row), Chile appeared on the Red List of Intellectual Property, according to the “Special 301” report published annually by the Office of the United States Trade Representative (USTR). Along with Chile, the red list includes China, Indonesia, Argelia, Argentina, India, Kuwait, Rusia, Arabia Saudí, Ucrania y Venezuela.

The report points out: “Although there was positive movement this year by Chile with regard to the implementation of certain intellectual property (IP) obligations under the United States-Chile Free Trade Agreement (Chile FTA), the United States continues to have serious concerns regarding long-standing implementation issues with a number of other IP provisions of the Chile FTA”.

As favorable initiatives, “Chile took a step forward in passing legislation establishing criminal penalties for the importation, commercialization, and distribution of decoding devices used for the theft of encrypted program carrying satellite signals”, is noted by the report.

Instead, it once again urges Chile on the need for the ratification and application of the 1991 Act of the Convention of the International Union for the Protection of New Varieties of Plants (UPOV 91), the improvement of the framework of responsibility of service providers of Internet and an effective system to solve the problems of patents in the commercialization of pharmaceutical products.

The complete report “Special 301” of the USTR can be consulted in this link.