RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/CHL/1
IP/Q2/CHL/1IP/Q3/CHL/1
IP/Q4/CHL/1
7 June 2001
(01-2814)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF THE LEGISLATION
CHILE1
This document reproduces the introductory statement made by the representative of Chile, as
well as the questions addressed to the Permanent Mission of Chile and the corresponding replies for
the purposes of the review of legislation undertaken at the Council meeting held on
27-30 November 2000.2
_______________
I. INTRODUCTORY STATEMENT
As was the case with practically all the Members of the WTO, the approval of the Marrakesh
Agreements made it necessary for our country to enact legal reforms to align domestic laws with the
provisions of those agreements.  This need was also felt in the area of intellectual property.  In Chile,
the reform has meant not only amending already existing provisions but also introducing new rules,
especially for certain specific categories of rights which had hitherto been unregulated.  This and
other considerations of a more political and economic nature have delayed the alignment of our laws
with the TRIPS Agreement for longer than anticipated.  Even so, Chile hopes to conclude its internalprocess very soon, as the relevant amending bills have been under discussion in the National Congress
for some months now.
Indeed, the Parliament is now examining two bills addressing the issues arising under the
TRIPS Agreement.  The first introduces substantial amendments to the Industrial Property Lawintended not only to bring it into line with the aforementioned agreement, but also to improve on
substantive and procedural aspects of the grant of patents, marks, utility models and industrial
designs.  It also entails the comprehensive regulation of some categories of rights that had hitherto not
been specifically regulated in Chile.  Some of these amendments will grant industrial property rights
holders protection that surpasses the minimum standards of the Agreement.
The second bill for its part is designed basically to attune domestic laws to issues of copyright
and related rights and to buttress enforcement measures.
                                                     
1 As pertains to the laws and regulations concerning the sphere under review and notified by Chile
under Article 63(2) of the Agreement, reference is made to documents IP/N/1/CHL/1 and Add.1;IP/N/1/CHL/C/1 to 9, IP/N/1/CHL/G/1 to 3;  IP/N/1/C HL/I/1 to 5;  IP/N/CHL/0/1;  IP/N/1/CHL/P/1 to 3;
IP/N/1/CHL/U/1 and IP/N/6/CHL/1.
2 The minutes of the meeting were distributed as document IP/C/M/29.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 2
The essential purpose of the first bill is:
(a) To speed up and streamline application procedures and the granting of the various
intellectual property rights, in both the first and second instances, as well as to ensureconsistency and harmony with the substantive amendments envisaged for current and
new categories of rights protected by the law being amended.
(b) To restructure the present Industrial Property Law so as to introduce clearer technical
and juridical language in keeping with the current international terminology.
(c) To adapt the substantive provisions of the present law to the TRIPS Agreement as
pertains to patents, marks and industrial designs.
(d) To regulate fully and systematically regulate some categories of intellectual property
rights hitherto unregulated or partially regulated, such as lay-out designs of integrated
circuits, geographical indications and undisclosed information.
The bill envisages a new definition of marks intended to remove those elements that are
irrelevant to the essence of distinctive signs, it regulates foreign well-known marks pursuant to
paragraphs 2 and 3 of Article 16 of the TRIPS Agreement, incorporates the concept of "relevantsector of the public" and prescribes incompatibility between trademarks and geographical indications,
amongst other substantive matters.
In order to ensure the indissoluble link between marks and the market, provision has been
made for the expiry of marks by reason of the lack of real and effective use by their owner or by athird party having the owner's consent.  In this way, it is sought to prevent trademark piracy and the
blockage of marks that are not used within reasonable time-frames, while establishing valid reasons
for the non-use of the mark in exceptional cases.
An entire section of this first bill is devoted to improving the rules on the procedures for
granting industrial property rights.  For example, in a suit for infringement of a process patent holder's
rights, the trial judge is empowered to reverse the bu rden of proof.  In addition, the term of protection
of the rights conferred by the patent is increased to 20 years from the filing of the application, as
compared with 15 years from the date of issue of the patent under the present system.  Furthermore, to
avoid problems of interpretation, express provision is made for the patentability of micro-organisms
and a grace period of six months is established for determining the state of the art and the novelty of
the invention.
The bill also includes full protection for inte grated circuits in keeping with the regime
proposed by the 1989 Washington Treaty on Intellectua l Property in Respect of Integrated Circuits
and the relevant provisions of the TRIPS Agreement.
Although our legal system does contain a series of provisions for the protection of
undisclosed information, it was decided to establish a new general body of rules in this area, pursuant
to the provisions of Article 39 of the Agreement.
Lastly, this bill also includes an entire section devoted to the protection of Chilean and
foreign geographical indications, pursuant to Part III of the Agreement.
The second draft law lays down regulations that bolster the powers of the administrative,
customs and judicial authorities to enforce intellectual property rights, especially as regards border
enforcement, amends certain rules concerning copyright and related rights, and develops theIP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 3
provisions governing the protection of software and technical and user manuals for computer
programs.  It clarifies the type of protection granted to databases and compilations, defines concepts
such as "reproduction", "communication to the public" and "transformation of a protected work",
establishes rental rights for all types of protected works and spells out the content and scope of relatedrights with respect to performances.
Chile hopes that these bills will complete their passage through the legislature as soon as
possible and my delegation will keep this Council abreast of developments in this regard.  Likewise, a
reply will soon be given to the various questions still outstanding.
The representative of the European Communitie s thanked Chile for the considerable efforts
deployed to align its laws on the provisions of the TRIPS Agreement.  Nevertheless, the
representative expressed regret that a significant portion of that work was still incomplete.  It was his
hope that the work would be completed as soon as possible.  His delegation was counting on receiving
and analysing the results of this review process as it progressed.  Bilateral contacts had already been
made to clarify matters pertaining to Chile's interpretation of the TRIPS Agreement.
II. REPLIES TO THE QUESTIONS POSED BY CANADA
1. We understand that draft legislation, as well as amendments to existing Intellectual
Property legislation, were submitted to the Chilean Parliament to modify your IP regime.
(a) Have these amendments and draft legislation been implemented?
(b) If not, when are they likely to be implemented?
(a) Indeed, the Parliament is now examining two bills addressing the issues arising under the
TRIPS Agreement.  The first introduces substantial amendments to the Industrial Property Law
intended not only to bring it into line with the af orementioned agreement, but also to improve on the
substantive and procedural aspects of the granting of patents, marks, utility models and industrial
designs.  It also entails the comprehensive regulation of some categories of rights not previously
specifically regulated in Chile.  Some of these amendments will grant industrial property right holders
protection that surpasses the minimum standards of the Agreement.
The second bill, for its part, is designed basically to attune domestic laws to issues of
copyright and related rights and to buttress enforcement measures.
The essential purpose of the first bill is:
(i) To speed up and streamline application procedures and the granting of the various
intellectual property rights, in both first and second instances, as well as to ensure
consistency and harmony with the substantive amendments envisaged for current and
new categories of rights protected by the law being amended.
(ii) To restructure the present Industrial Property Law so as to introduce clearer technical
and juridical language in keeping with the current international terminology.
(iii) To adapt the substantive provisions of the present law to the TRIPS Agreement as
pertains to patents, marks and industrial designs.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 4
(iv) To regulate fully and systematically certain categories of intellectual property rights
hitherto unregulated or partially regulated, such as lay-out designs of integrated
circuits, geographical indications and undisclosed information.
The second bill establishes regulations strengthening the powers of the administrative,
customs and judicial authorities for the purposes of enforcement of intellectual property rights,
especially as regards border enforcement, and amends some regulations concerning copyright and
related rights.  Thus for example, it expressly provides for the entitlement of right holders to request
the courts to suspend the release of goods potentially infringing intellectual property rights and lays
down a procedure for that purpose, which regulates the duration of the suspension measures,
prescribes ex officio action by the customs to suspend the release of goods and regulates challengeprocedures.
As regards the rules on copyright and related rights, it builds upon the provisions concerning
the protection of software and technical and user manuals for computer programs.  It clarifies the type
of protection accorded to databases and compilations, defines concepts such as "reproduction","communication to the public" and "transformation of a protected work", it establishes the rental right
for all types of protected works and sets out the content and scope of related rights with respect to
performances.
(b) This law has not yet been approved by the National Congress and has therefore not yet been
enacted.  It is not possible at this time to give a time-line for the processing of these drafts.
2. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement?
As regards copyright, Article 19 of Law No. 17.336 establishes that no one may publicly
utilize a work from the private domain without ha ving obtained the express permission of the
copyright holder.  The infringement of this rule is punishable by civil and criminal sanctions.
Article 79 of the same law classifies infringers of intellectual property as:(a) Those who, without being expressly authorized to do so, utilize works belonging to
others protected by this law, whether unpublished or published, in any of the forms or
by any of the means envisaged in Article 18;
(b) those who, without being expressly authorized to do so, utilize protected
performances, productions and broadcasts of the holders of related rights, for any ofthe purposes or by any of the means contemplated in Title II of this Law;
(c) those who falsify works protected by this law, whether literary, artistic or scientific,
or who publish, reproduce or sell them, while falsely displaying the name of the
authorized publisher, removing or changing the name of the author or the title of thework or misleadingly altering its text;
(d) those who are liable for payment of copyright or related rights on the performance of
musical works and fail to provide the corresponding performance notifications;  and
(e) those who falsify or alter a performance notification.
In addition to the penal sanction, in awarding da mages, the court may order, at the request of
an injured party:IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 5
(1) The handing over, sale or destruction of:
(a) The copies of the work produced or put into circulation in violation of his
rights;  and
(b) the materials used exclusively for the illicit production of copies of the work.
(2) the seizure of the product recited, represented, reproduced or performed.  During the
proceedings, the Court may order, at the request of a party, the immediate suspension
of the sale, circulation, exhibition, performance or representation of the work.  At therequest of the injured party, the Court may also order the publication of the ruling,
with or without the grounds on which it is based, in such journal as it may name and
at the expense of the offender.
The offences sanctioned under copyright law are publicly actionable.
As regards the rights of holders of marks, Article 28 of Law No. 19.039 penalizes:"(a) Those who with ill intent use a mark iden tical or similar to another already registered
in the same class of the Classification currently in force;
(b) those who fraudulently use a registered trademark;(c) those who in any form of advertising use or imitate a registered trademark in the same
class of the Classification currently in force, thereby committing a fraudulent act;
(d) those who use an unregistered, lapsed or invalidated mark in a manner indicating that
it is a registered mark;
(e) those who use containers or packaging bearing a registered mark that does not belong
to them, without previously having erased it, except where the packaging so marked
is intended to contain products of a type different from that protected by the mark."
Those found guilty of any of the aforementioned offences must pay the mark owner costs and
damages.  The tools and equipment used for the counterfeiting or imitation will be destroyed and the
objects bearing the counterfeit mark will be confiscated for the benefit of the owner of the mark.  The
court hearing the case may also order their immediate seizure, without prejudice to its authority toadopt the appropriate provisional measures.
In addition to the criminal sanctions, right holders are entitled to seek damages under the
general rules.
3. What protection does your copyright legislation afford to "foreign works"?
Under Article 1 of Law No. 17.336, protection is given in Chile to the rights which, by the
mere fact of creating a work, are acquired by the authors of products of the intellect in the literary,
artistic and scientific domains, whatever their mode or form of expression, and to such related rights
as are specified by the law.  Copyright includes the economic and moral rights that protect the use,authorship and integrity of the work.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 6
Article 2 of the same Law states that they " … protect the rights of all Chilean authors and
foreign authors resident in Chile.  The rights of fo reign authors not resident in the country shall enjoy
the protection granted them under international conventions signed and ratified by Chile".  The same
Law adds that " … stateless authors or authors of undetermined nationality shall be treated asnationals of the country in which they have established their residence."
The main international copyright protection conventions signed by Chile are:- The Berne Convention for the Protection of Literary and Artistic Works (1886);- the Geneva Convention for the Protection of Producers of Phonograms against
unauthorized Duplication of Phonograms (1971);
- the Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations (1961);  and
- the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), of
1994.
In addition, two further treaties have now completed their passage through Parliament:
- The WIPO Copyright Treaty (WCT);  and
- the WIPO Performances and Phonograms Treaty (WPPT).
4. How is computer software currently protected under Chilean copyright laws?
As regards the protection of computer software, Article 3(16) of Law No. 17.336 briefly
states:
"Article 3. – Under the present Law, special protection is given to:(16) Computer software, …"
The aforementioned draft law now under examination replaces the said subparagraph 16 with
the following:
"(16) Computer programs, whatever their mode or form of expression, whether in source or
object code, and including the preparatory documentation, their technical descriptionand user manuals,"
In addition, it should be noted that Article 5 of Law No. 17.336 on Intellectual Property
provides the following definitions:
"(t) Computer program  means a set of instructions for direct or indirect use in a computer
for the carrying out of a particular process or the achievement of a particular result,
which instructions are embodied in a cassette, diskette, magnetic tape or other
material medium.
Copy of a computer program means a physical medium containing instructions taken
directly or indirectly from a computer program,  and incorporating all or a substantial
proportion of the instructions constituting the said program."IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 7
The draft amendment now being examined clarifies the protection granted by the Law to
computer programs.
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
In Chile, the legislation on industrial property does not address the topics of public health and
nutrition, which fall within the purview of the Ministry of Health.  As regards the promotion of the
public interest for the purposes of socio-economic and technological development, the National
Congress is now examining a draft law that will create an Industrial Property Institute to replace the
Industrial Property Department.  The new Institute will have appropriate infrastructure and resourcesfor carrying out these important promotional functions.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain how Chile complies with Article 9.1 of the TRIPS Agreement in
conjunction with Article 18 of the Berne Convention, and Article 14.6 of the TRIPS Agreementregarding "retroactive protection".
Article 9 of the TRIPS Agreement sets forth the provisions of the Berne Convention that
Members may not apply, in the following terms:
" … Members shall not have rights or obligations under this Agreement in respect of the
rights conferred under Article 6 bis of that Convention or the rights derived therefrom".
The rights conferred by virtue of Article 6 bis of the Berne Convention are the so-called moral
rights, in particular those of authorship and integrity of the work, which are enshrined in Article 14 of
the Chilean Law No. 17.336 on Intellectual Property, subparagraphs 1 and 2, as well as subparagraphs
3, 4 and 5, which further include the right to keep the work unpublished, to authorize third parties to
complete an unfinished work and to have his wish to preserve the anonymity or pseudonymity of thework respected.
To wind up the treatment of this point, it should also be pointed out that Article 9.1 further
provides that Members shall not have rights or obligations in respect of "the rights derived
therefrom", though it does not specify which are the rights "derived" from Article 6 bis of the Berne
Convention.
It has been concluded that this provision refers to the right contemplated in Article 10.3 of the
Berne Convention, dealing with fair use, that is, cases in which intellectual property belonging to
another may be used without the need for authoriza tion, more specifically to circumstances in which
quotations are made from the work or it is used as an illustration for teaching purposes, though always
respecting the authorship of the work and making mention of the name of the author, a right which,
moreover, is recognized in Article 38 of our Law 17.336.  Therefore, the TRIPS Agreement excludes
the application of Article 10(3) of the Berne Convention, that is, under the terms of the TRIPSIP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 8
Agreement, the name of the author need not be mentioned in conjunction with such quotations and
illustrations.
Nevertheless, Article 2.2 of the TRIPS Agreement states:"Nothing in Parts I to IV of this Agreemen t shall derogate from existing obligations that
Members may have to each other under the Paris Convention, the Berne Convention, the
Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits."
Therefore, a WTO Member that is not a party to the Berne Convention will not be obliged to
apply the Berne provisions concerning moral rights and rights deriving therefrom, but a WTO
Member that is a party to the Berne Convention, as is the case with Chile, must apply these
provisions, not only with respect to the nationals of WTO Members party to the Berne Convention,
but also in its relations with nationals of WTO Members that are not party to the Berne Convention.
Chile will therefore respect the moral rights of the author.
As pertains to Article 14.6 of the TRIPS Agreement providing for the application, mutatis
mutandis , of Article 18 of the Berne Convention on the protection of the rights of performers and
producers of phonograms in phonograms, the following should be stated:
1. Being party to the Berne Convention, Chile recognizes the moral rights of authors,
which means that no problems arise in relation to the retroactive application of the
rules of the TRIPS Agreement.
2. At present, Chile does not recognize the moral rights of performers, except in
Article 68(3) of Law No. 17.336 which provides for the right of the performer to havehis name mentioned on the fixation of his performance on a phonogram.  Again,
because of the WIPO treaties, there will be no problems with respect to the
retroactive application of Article 14.6 pending approval of the amendments to our
legislation, as these moral rights of performers are recognized in the WPPT.
3. Please explain how Chile provides for protection for computer programs and
compilations of data as requested under Article 10 of the TRIPS Agreement.
Article 3 of the current Law on Intellectual Property No. 17.336 of 1970 reads as follows:
"Article 3. – In particular, the following shall be protected under the present law:(1) Books, pamphlets, articles and other writings, whatever may be the nature or form
thereof, including encyclopaedias, guidebooks, dictionaries, anthologies and
compilations of any kind;"
This provision includes compilations of any kind, inter alia , compilations of computer data.
However, the National Congress is currently examining a set of legal provisions amending
various domestic laws, including the Law on Intellec tual Property, so as to comply with Chile's
obligations under the TRIPS Agreement.  This draft law amends the above-mentioned Article 3, with
regard to compilations, with a view to clarifying and improving the level of protection.  The current
text of the draft law on this subject would incl ude paragraph 17 below in Article 3 of Law No. 17.336,
to read as follows:
"Article 3. – In particular, the following shall specifically be protected under the law:IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 9
(17) Compilations of data or other material, whether in machine-readable or other form,
which by reason of the selection or arrangement of their contents constitute
intellectual creations.  Such protection shall not extend to the data or material itself
and shall be without prejudice to any copyright subsisting in the data or materialcontained in the compilation;"
Law No. 17.336 briefly refers to the protection of computer programs in Article 3,
paragraph 16, in the following terms:
"Article 3. – In particular, the following shall be protected under the present law:
(16) Computer programs."
The above-mentioned draft law now being examined replaces paragraph 16 above by the
following:
"(16) Computer programs, whatever their mode or form of expression, whether in source or
object code, and including the preparatory documentation, their technical description and user
manuals,"
In addition, it should be noted that Article 5 of Law No. 17.336 on Intellectual Property,
provides the following definition:
"(t) Computer program  means a set of instructions for direct or indirect use in a computer
for the carrying out of a particular process or the achievement of a particular result,
which instructions are embodied in a cassette, diskette, magnetic tape or othermaterial medium.
Copy of a computer program  means a physical medium containing instructions taken
directly or indirectly from a computer program, and incorporating all or a substantial
proportion of the instructions constituting the said program."
The draft amendment now being examined clarifies the protection granted by the Law to
computer programs.
4. Please explain how Chile provides for rental right for computer programs (Article 11 of
the TRIPS Agreement) and sound recordings  (Article 14.4 of the TRIPS Agreement).
The TRIPS Agreement stipulates rental rights "in respect of at least computer programs and
cinematographic works."
It was decided that the draft law now being examined by the National Congress should
include this right for classes of works, by supplementing Article 18 of the Law presently in force.
Rental rights will be incorporated into Article 18 as new and exclusive rights, as follows:
"The owner of the copyright or anyone expressly so authorized by him shall have the
exclusive right to use the work in any of the following ways:
…IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 10
(e) To authorize or to prohibit the commercial rental to the public of originals or copies
of the work."
A similar amendment is made to Article 45 of the Law regarding the economic rights of the
author, so as to exclude computer programs where the program itself is not the essential object of the
rental.
Article 45…
"Similarly, the provisions contained in Article 18(e) shall not be applicable to computer
programs where they are not the essential object of the rental".
With respect to related rights, Article 66(4) of the national law, dealing specifically with
rental, is replaced by the following text:
"Article 66.-  In respect of performances, the following acts are prohibited without the
performer's express consent or the consent of his heir or assign:
…(4) The commercial rental to the public of originals or copies of his performances fixed
in phonograms."
C. 
TRADEMARKS
5. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Generally speaking, a mark is defined as any visible sign capable of distinguishing products,
services or industrial or commercial establishments on the market.  All marks not subject to any of the
registration prohibitions set forth in the law may be registered.
6. Please confirm whether or not services are a protectable subject-matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
A mark may serve to protect products, services, trade names, the names of industrial or
commercial establishments and advertising slogans attached to a registered mark.  In Chile, neither
sounds, smells nor containers are registrable as marks, though the latter may be registered as industrialdesigns.
7. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
At present, Law No. 19.039 does not require use as a condition for the registration of a
trademark.  Nevertheless, one of the two draft laws, which include amendments related to intellectual
property and which are now being examined by the Na tional Congress, envisages the possibility that a
trademark may lapse for lack of real and effective use in the national territory.  The criteria for
establishing this are in line with those laid down in the TRIPS Agreement.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 11
8. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
The duration of trademarks is ten years from the time of registration and they may be renewed
indefinitely for equal and successive periods.
9. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
Trademarks must be used together with the indication "Registered Trademark", "M.R." or
carry the symbol R within a circle, failing which it will not be possible to initiate criminal proceedings
in cases of infringement by third parties of the rights of the holder or assignee.
D. GEOGRAPHICAL INDICATIONS
10. Please explain how geographical indications for other products than wines, spirits and
vinegars are protected in your legislation.
Article 27 of Law No. 18.455 currently empowers the President of the Republic, by means of
a Supreme Decree issued through the Ministry of Agriculture, to determine wine-growing areas and
appellations of origin of wines and spirits in certain parts of the country and under specific conditions.
That power gave rise to Supreme Decree No. 464 of the Ministry of Agriculture, published in the
Official Journal of 26 May 1995, determining the zoning  of wine-growing or appellations of origin for
the wines produced in the country.  The Decree was notified to the WTO and officially circulated as
document IP/N/CHL/G/3.
Article 28 of the same Law No. 18.455 establishes "pisco", "pajarete" and "vino asoleado" as
appellations of origin, indicating the geographical areas and conditions and means of production.
In addition, one of the two draft laws currentl y before the National Congress and dealing with
intellectual property issues contains a new title dedicated exclusively to regulating geographical
indications and appellations of origin.  In that draft law, geographical indications are included
amongst the trademark registration prohibitions.
11. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
The registration of trademarks consisting of geographical indications is not permitted.
Article 20(e) prohibits the registration of expressions used to indicate the type, nature, origin,
nationality, source, destination, weight, value or quality of products, services or establishments.
12. Please explain whether or not Article 27 of the Law No. 18.455 is to be understood as the
definition of a geographical indication for wines and spirits in your legislation.
The general definition of a geographical indication is given in one of the draft laws now
before the National Congress, and which includes an entire title on the protection of geographical
indications.  Nevertheless, there is currently a definition of the designation of wines and spirits given
in Article 27 of Law No. 18.455.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 12
13. Article 30 of the Law No. 18.455 provides for the protection of designations.  Please
indicate whether or not this Article can be interpreted as covering the protection of
geographical indications even when the true origin is indicated or is used in translation or
accompanied by expressions such as "kind", "type" or the like.
Article 30 of Law No. 18.455 could give rise  to a punishable offence classifiable as
deception, in which case the trial judge would be competent to interpret the scope of the rule as
suggested by the question.  This rule nevertheless offers protection only to the geographical
appellations of wines and spirits.  In this connection the provisions regulating free competition must
also be borne in mind.
14. Please indicate and justify on which precise basis the use of European geographical
indications in Article 1°-6, 1°-15, Article 12°, Ar ticle 19°(c), (e), (f), of the Law No. 18.455 are
made.
The indications described as "European geographical indications" that are listed in Law
No. 18.455 have been in use in Chile for many years now and are considered to be generic product
names.
15. Please clarify whether the regulation foreseen in Article 55° of  Law No. 18.455 has to
comply with the definition of Article 22.1 of the TRIPS Agreement.
Article 55 of Law No. 18.455 does indeed comple ment the definition given in Article 12 of
the TRIPS Agreement, though only as pertains to the products regulated by that Law.  In this
connection, however, account must be taken of the new rules in this area contained in one of the draft
laws now before the National Congress dealing generally with geographical indications andindications of origin.
16. Please explain how Article 11° of DTO-464 complies with Article 23.2 of the TRIPS
Agreement.
There is no contradiction between Article 11 of the aforementioned Supreme Decree 464 and
Article 23.2 of the TRIPS Agreement, as the first allows wine labels to contain the correspondingappellations of origin, which are not trademarks, as well as duly registered trademarks, which are
distinct from appellations of origin and do not interfere with the latter.  In line with the usual practice
in Chile at any rate, such trademarks habitually correspond to the name of the vineyard that produced
the wine.
17. Please explain the relationship between Articl e 3°(a), with the definition of geographical
indications of Article 22.4 of the TRIPS Agreement  in particular for "indications which identify
a product as originating in a territory".
In the opinion of the competent bodies in Chile, Article 3(a) of Decree 464 is fully consistent
with Article 22.4 of the TRIPS Agreement.
E. 
INDUSTRIAL DESIGNS
18. Please describe the procedure that must be followed to obtain protection for industrial
designs and cite the provisions of law under which such protection is provided.
Industrial designs are dealt with in Articles 62 to 67 of the current Law No. 19.039 and its
implementing regulations, circulated in document s IP/N/1/CHL/I/4 and IP/N/1/CHL/I/5, and in theIP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 13
same articles of one of the draft laws now being examined.  Those regulations establish the concept of
industrial design, the required novelty, the application requirements, duration, and the penalties for
improper use, imitation or manufacture.  Articles of clothing of any kind are excluded as industrial
designs, without prejudice to the authorship rights conferred on the owner.
19. Please indicate whether the law provides  for limited exceptions to the protection of
industrial designs.
Please see the reply to question 18.
20. Please describe the requirements for securing protection for textile designs not
unreasonably to impair the opportunity to obtain  such protection, especially regarding the cost
of a request.
Please see the reply to question 18.
21. Please describe the procedure that must be followed by a right holder to enforce the
rights provided by Article 67 of the Law No. 19.039.
The rules governing ordinary criminal proceedings are currently applied, and such cases are
tried in the criminal courts.  Furthermore, one of the draft laws now before the legislature introduces
rules on civil remedies and precautionary measures.
22. Please mention whether or not your legislation provides for the right to issue a
compulsory licence for industrial designs.
Non-voluntary licences are issued only with respect to patents.
23. Please mention whether or not your legislation provides for the right to issue a
compulsory licence for industrial designs .
For the purposes of protecting industrial designs, consideration is given exclusively to
differences in form, geometrical shape or decoration and not to technical or functional aspects.
F. PATENTS
24. Please describe how micro-organisms, non-essentially biological processes and
microbiological processes are protected in your legi slation.  Please explain in this respect the
relevant sections of your legislation.
The subject of micro-organisms is not regulated by Law No. 19.039, though in referring to
exclusions from patentability, an article in one of the draft laws now under examination includes"plants and animals, excepting micro-organisms;  and essentially biological processes for the breeding
of plants or animals, which are not non-biological or microbiological processes …".  In other words,
micro-organisms and microbiological processes fo r the breeding of plants and animals may be
patented.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 14
25. Article 39 of Law 19.039 of 1991 establishing Rules Applicable to Industrial Privileges
and Protection of Industrial Property Rights (hereinafter referred to as CIPL) provides for a
patent protection term of 15 years.  Please indicate when and how this provision will be
amended in order to bring it into conformi ty with Article 33 of the TRIPS Agreement.
One of the draft laws now under examination increases the period of validity of patents from
15 years from the issue date  to 20 years from the filing date of the application.
26. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
One of the draft laws currently before the National Congress extends the protection afforded
by process patents to the products obtained by those processes.
27. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant provisions and describe the additional
conditions
In Chile, the requirements set forth in Article  29 of the TRIPS Agreement must be complied
with, as well as any others necessary to determine the state of the art..
28. Please indicate where your patent legislation provides for limited exceptions to the
exclusive rights conferred by a patent.  If affirmative, please make a reference to relevant
legislation.
The provision allowing for the use of a pate nted process for experimental or teaching
purposes is based on such use being exclusively for academic or research purposes and not for profit-
making, exploitation of any kind or economic gain.  There are no legal precedents for the application
of this rule.  This question is addressed in Article 52(c) of Law 19.039.
29. Please explain how Article 51 of the CIPL incorporates all specific and detailed
requirements of Article 31 of the TRIPS Agreement.
The provisions on non-voluntary licences are supplemented by rules set out in one of the draft
laws currently under examination, in  keeping with the criteria laid down in the TRIPS Agreement.  In
over ten years of application of the current industrial property law, no compulsory licences have been
issued.
30. Please clarify whether compulsory licences can be issued on other grounds than for
"monopolistic abuse of a patent" as provided in Article 51 of the CIPL.
Pursuant to Article 51 of Law No. 19.039 and to one of the provisions of the draft laws
currently under examination, "non-voluntary licences may only be granted if the holder of the patent
has committed a monopoly abuse".
31. Please indicate where your legislation provides  for a shift in burden of proof in process
patent infringement actions as provided for by Article 34 of the TRIPS Agreement.
One of the draft laws under study includes a rule empowering the court to reverse the burden
of proof should the circumstances envisaged in Article 34 of the TRIPS Agreement materialize.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 15
32. Please indicate where your legislation provides  for an opportunity for judicial review of
decisions to revoke or forfeit a patent as prescribed by Article 32 of the TRIPS Agreement.
All final or interlocutory decisions of the Head of the Industrial Property Department may be
appealed before the Industrial Property Arbitration Tribunal established under Article 17 of
Law No. 19.039, and a complaint may be filed with the Supreme Court concerning the findings of the
Tribunal.
33. Please mention if your legislation grants additional protection for innovations after the
20 years of patent protection has lapsed.
Upon expiry of the 20-year term established in one of the drafts now before the legislature,
patent protection is extinguished.
34. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
This topic should be dealt with in a transitional provision of one of the draft laws currently
before the legislature.
35. Article 37 of the CIPL excludes plant varieti es from patent protection.  Plant varieties
are protected under a sui generis  system laid down in the Law No. 19.342 of 1994 on the Rights
of Breeders of New Plant Varieties.  Please  explain how, in your view, the regime provided
therein is "effective" within the meaning of Article 27.3(b) of the TRIPS Agreement.
The protection provided by Law No. 19.342 for plant varieties can be considered fully
consistent with Article 37.3(b) of the TRIPS Agreement, in that it constitutes an effective  sui generis
system under which plant varieties are qualified and registered by the Agriculture and Livestock
Service (Servicio Agricola y Ganadero), whose decisions may be appealed before the Industrial
Property Arbitration Tribunal and ultimately the Supreme Court by means of complaint proceedings.
It should also be borne in mind in this connection that the current law grants foreign breeders
of plant varieties the same rights as domestic breeders, with the sole proviso that they establish
domicile in Chile.  It also provides for sanctions for infringements as set out in Articles 44, 45 and 46of Law No. 19.342.  The species confiscated are for the benefit of the breeder who holds the right.
The rules penalize anyone who, knowing that a variety is protected, multiplies it or engages in any act
aimed at marketing it as propagating material with out the consent of the right holder or without a
proper licence, as well as anyone who offers, distributes, imports, exports, markets or delivers it in
any form or manner for use as propagating material.  In the event of repeat offences, the penalties andfines become more onerous.
Upon determining an infringement that gives r eason to presume the existence of any of the
offences mentioned, the Agriculture and Livestock Service may order the retention or arrestment of
the propagated material from the protected variety, unless the party concerned can show it has beenlegitimately acquired.
G. 
LAY-OUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
36. Please describe how your legislation protects topographies.
One of the draft laws under study includes a Title VII on Lay-Out Designs (Topographies) of
Integrated Circuits embodying all the pertinent rules set out in the TRIPS Agreement.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 16
37. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated inaccordance with Article 36 of the TRIPS Agreement.
Please see the reply to question 36.
38. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such anintegrated circuit that it contains an unlawful topography.
Please see the reply to question 36.
39. Please state the term of protection granted by your legislation to topographies.
Please see the reply to question 36.
H. 
PROTECTION OF UNDISCLOSED INFORMATION
40. Please explain how and to what extent  your legislation provides protection for
undisclosed information within the meaning of Article 39.2 of the TRIPS Agreement.
One of the draft laws under examination includes a Title VIII on the protection of undisclosed
information  embodying all the relevant rules contained in the TRIPS Agreement.  In addition, this
topic is regulated by several provisions of our laws, which have been notified to the WTO and
circulated in document IP/N/1/CHL/U/1.
This notwithstanding, it should be pointed out that the Public Health Institute is the body
responsible for the health control of pharmaceuticals  and cosmetics, as stipulated in Articles 94 and
102 of the Health Code.  No pharmaceutical or cosmetic health product may be marketed or
distributed in the country without prior registration with this Institute.
Supreme Decree No. 1.876 of 1995 of the Ministry of Health approving the regulations of the
National System for the Monitoring of Pharmaceutical Products, Foods for Medical Use andCosmetics contains health regulations pertaining to the registration, importation, production, storage,
holding, sale or distribution on any basis, and advertising and promotion of pharmaceutical products,
foods for medical use and cosmetics.
Pursuant to Article 37 of the aforementioned regulations, the registration application for the
purposes of marketing or distributing an imported or domestic pharmaceutical product must be filed
with the Institute, using forms approved by it and wh ich must be signed by the interested party or his
legal representative.  All the data and information indicated in Article 38 of those regulations must be
provided on the forms, which must be accompanied by the elements prescribed in Article 39 of the
regulations.  These include particulars such as the product's complete formula, the proposed period ofefficacy, a clinical and pharmacological description, an information brochure for the professional, an
information brochure for the patient, sufficient samples of the products, samples of the standards of
the active ingredient(s), specification of the quality and purity of the raw materials, analytical
methodology, scientific information, etc.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 17
It should further be pointed out that Article 43 of the regulations under reference provides that
the scientific documentation described in Article 39 shall be strictly confidential in nature.  The said
scientific documentation may only be disclosed by the Institute at the request of the competent public
bodies, for the sole purpose of evaluating the elements submitted for the registration of the product,except where that information is made public by the applicant or the holder of the registration, with
the due permission of the licensor if appropriate.
Furthermore, and without prejudice to the prov isions of the Health Code considered above,
account should also be taken of the stipulations of Article 14 bis of Law No. 19.653 concerning
administrative probity applicable to all the entities in the State administration, which mainly relate to
the public disclosure of administrative acts and the essential documents directly supporting orsupplementing them, as well as documents and materials containing information that could affect the
rights or interests of third parties, and the possible remedies for the due protection of their rights.
Pharmaceutical products for veterinary use are regulated by Supreme Decree No. 139 of
1995, which is currently being amended so as to state expressly that information submitted forregistration is confidential in nature.  In actual fact, the information processed by the Agriculture and
Livestock Service, as the body responsible for registering and authorizing the use of pharmaceutical
products for veterinary purposes, is treated confidentially under the general rules on administrative
probity and professional secrecy by which public servants are bound.
The protection of the information furnished for approving pesticides is regulated under
point 26 of exempt Resolution No. 3670 of 23 December 1999 of the Agriculture and Livestock
Service establishing the rules for evaluating and authorizing pesticides, which reads as follows:
"Scientific information furnished by the applican t for the authorization of a pesticide, which is
not in the public domain or has not been published in scientific or information journals, shall
be confidential.  Nevertheless, the Service or other official state agencies may use it for the
purposes of quality control, the protection of human or animal life and the prevention of
environmental pollution.  In any case, this scientific information may be used only by official
agencies to deal with particular situations, as dictated by the national interest."
41. Please explain how your legislation defines "undisclosed information".
Please see the reply to question 40.
42. Please indicate where and how your legislation guarantees protection of data submitted
to obtain marketing approval for pharmaceutica l or agricultural chemicals utilizing a new
chemical entity, in conformity with Article 39.3 of the TRIPS Agreement.
Please see the reply to question 40.
I. ENFORCEMENT
43. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
In addition to the information on enforcemen t contained in document IP/N/6/CHL/1, one of
the draft laws currently under examination contains a complete set of rules governing the civil and
criminal remedies and precautionary measures available for safeguarding intellectual property rights,
these being complementary to the general rules noti fied in the document mentioned above.  In any
case, competence to hear such cases and order precautionary measures rests with the courts of justice.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 18
44. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Please see the reply to question 43.
45. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Please see the reply to question 43.
46. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Please see the reply to question 43.
47. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Please see the reply to question 43.
48. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Please see the reply to question 43.
49. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
Please see the reply to question 43.
50. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Please see the reply to question 43.
51. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Please see the reply to question 43.
52. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customsauthorities.
Please see the reply to question 43.
53. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Please see the reply to question 43.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 19
54. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Please see the reply to question 43.
55. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Please see the reply to question 43.
56. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Please see the reply to question 43.
IV. REPLY TO THE QUESTION POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Law No. 17.336 on intellectual property lays down no provisions concerning most-favoured-
nation treatment.  Nevertheless, as this principle is contained in an international treaty, namely the
TRIPS Agreement, and because such treaties have the weight of law within the Chilean legal system,
the legal source of the principle is the treaty itself.
An exception to national treatment is the so-called droit de suite , which is provided for in
Article 36 of the Copyrights Act, Law  No. 17.336, which reads as follows:
"Article 36.-  As from the effective date of this Law, the Chilean author of a painting,
sculpture, design or outline drawing shall have the inalienable right to receive 5 per cent of
the maximum actual value accruing to anyone having acquired it, upon its sale by public
auction or through an established trader.
This right shall be exercised in each of the future sales of the work and shall redound
exclusively to the benefit of the author, and not to that of his heirs, legatees or assigns.
The author shall furnish proof of the original price of the work or of the prices paid in
subsequent sales thereof."
V. REPLIES TO THE QUESTIONS POSED BY SWITZERLAND
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there
any exceptions.  If so, please explain in detail what these exceptions are and how they apply.
In Chile, protection is given to all categories of patentable products known internationally.
Article 32 of the new Law now before the Congress reads as follows:IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 20
"Patents shall be available for any inventions, whether products or processes, in all fields of
technology, provided that they are new, involve an inventive step and are capable of industrial
application.  Subject to Article 37 of this law and transitional Article 1 of Law 19.039, patents
shall be available and patent rights enjoyable without discrimination as to the place ofinvention, the field of technology or whether the products are imported or locally produced."
As can be seen, this Article is identical to Article 27 of the TRIPS Agreement.  At all events,
Article 37 of the Law will provide as follows:
"The following shall not be considered inventions and shall be excluded from the patent
protection accorded under this Law:
(a) Discoveries, scientific theories and mathematical methods;
(b) plants and animals other than micro-organisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiological
processes;  plant varieties shall enjoy protection insofar as they conform to theprovisions of Law No. 19.342 concerning the rights of breeders of new plant
varieties;
(c) easily verified and controlled economic, financial and commercial systems, methods,
principles or plans;  as well as those relating to purely mental or intellectual activities
and to games;
(d) surgical or therapeutic methods for the tr eatment of humans or animals, as well as
diagnostic methods applied to humans or animals, except products for use in
implementing any of these methods into practice;
(e) new uses of articles, objects, elements or products known and used for specific
purposes and changes in the shape, dimensions, proportions or materials of thesubject-matter applied for, except where the qualities of the subject-matter are
essentially altered or where their use solves a technical problem that did not
previously have an equivalent solution".
And Article 38 of the new Law, which is identical to that of the old Law, reads:
"Inventions contrary to the law;  public policy, State security, morality or proper practice or
those filed by a person who is not their legitimate owner shall not be patentable".
2. Please describe how micro-organisms are prot ected in your legislation.  Please explain in
this respect the relevant sections of your legislation.
Micro-organisms are patentable in Chile and it is not a matter of a legal amendment.  As
things stand, we have already issued patents on micro-organisms and others are pending.  An example
of such a patent is that granted under registration No. 39833 of 7 September 1998, which corresponds
to priority EP 932023203 of 8 June 1993.  However, we lack the technological means for preserving
micro-organisms and neither does it seem necessary for us to invest in such means in the future, as
patents on micro-organisms are few in number.  Our practice is to request, together with the patentapplication, certification of deposit with one of the agencies authorized under the Budapest Treaty.
The institution from which we most often receive certificates of deposit is "La Collection Nationale
de micro-organismes (CNCM) Institut Pasteur".IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 21
3. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process?
One of the draft laws currently before the National Congress extends the protection granted
by process patents to the products obtained by those processes.
4. Does your law, in accordance with Articl e 27.1 in combination with Article 31 of the
TRIPS Agreement, recognize importation as "working a patent" (and therefore preclude
compulsory licences)?
Chilean law envisages the possibility of granting compulsory licences only in cases of
monopoly abuse by the owner.  The provisions on non-voluntary licences are supplemented by rules
set out in one of the draft laws currently under exam ination, which are in keeping with the criteria laid
down in the TRIPS Agreement.  In over ten years of application of the current industrial property law,
no compulsory licences have been issued.
Follow-up question
Please confirm whether in your law, in accordance with Article 27.1 of the TRIPS
Agreement in combination with Article 31 of the TRIPS Agreement, importation is considered
as "working/utilizing a patent" (and therefore precluding compulsory licensing, if a product isbeing imported).
Under the Chilean legal system, the TRIPS Agreement, as an international treaty, has been
ratified by the National Congress and has undergone the same formalities as a law and therefore must
be complied with and implemented as a law.  Consequently, Articles 27.1 and 31 of the Agreementcited in the question are directly applicable under the national legal system.
The above notwithstanding, it should be pointed out that in Chile there is no obligation to
work a patent as a condition for its validity or maintenance and, consequently, failure to work a patent
(utilization or importation) does not constitute grounds for the granting of a compulsory licence unless
it is deemed to be monopoly abuse and classified as such by the Resolution Commission under Decree
Law No. 211 of 1973, this being the entity responsible for determining the existence of such asituation and ruling accordingly (Article 51 of Law No. 19.039 – document IP/N/1/CHL/I/5).
5. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted .
Please see the reply to question 4.
6. What term of protection does your legislation provide for patents?  Does that term
apply to all products and processes?
One of the draft laws now under examination extends the period of validity of patents from
the current 15 years from the issue date to 20 years from the filing date.
7. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please name the relevant law and explain the relevant sections.
One of the draft laws under study includes a rule empowering the Court to reverse the burden
of proof should the circumstances envisaged in Article 34 of the TRIPS Agreement materialize.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 22
B. PROTECTION OF UNDISCLOSED INFORMATION
8. Please explain in detail if your legislation ensures that undisclosed and confidential test
data or other data submitted by an applicant to the responsible State agency in the procedure
for market authorization of a pharmaceutical or of an agricultural chemical product isprotected against disclosure and against unfair commercial use by a competitor, for example by
prohibiting a second applicant from relying on, or fr om referring to the original data of the first
applicant, when applying subsequently for market authorization for his own product.  Does
your legislation provide for exceptions to this ?  If yes, under what conditions would such
exceptions apply?
One of the draft laws under examination includes a Title VIII on the protection of undisclosed
information  embodying all the relevant rules contained in the TRIPS Agreement.  In addition, this
topic is regulated by several provisions of our laws, which have been notified to the WTO and
circulated in document IP/N/1/CHL/U/1.
This notwithstanding, it should be pointed out that the Public Health Institute is the body
responsible for the health control of pharmaceuticals  and cosmetics, as stipulated in Articles 94 and
102 of the Health Code.  No pharmaceutical or cosmetic health product may be marketed or
distributed in the country without prior registration with this Institute.
Supreme Decree No. 1.876 of 1995 of the Ministry of Health approving the regulations of the
National System for the Monitoring of Pharmaceutical Products, Foods for Medical Use and
Cosmetics contains health regulations pertaining to the registration, importation, production, storage,
holding, sale or distribution on any basis, and advertising and promotion of pharmaceutical products,
foods for medical use and cosmetics.
Pursuant to Article 37 of the aforementioned regulations, the registration application for the
purposes of marketing or distributing an imported or domestic pharmaceutical product must be filed
with the Institute, using forms approved by it and wh ich must be signed by the interested party or his
legal representative.  All the data and information indicated in Article 38 of those regulations must be
provided on the forms, which must be accompanied by the elements prescribed in Article 39 of the
regulations.  These include particulars such as the product's complete formula, the proposed period of
efficacy, a clinical and pharmacological description, an information brochure for the professional, aninformation brochure for the patient, sufficient samples of the products, samples of the standards of
the active ingredient(s), specification of the quality and purity of the raw materials, analytical
methodology, scientific information, etc.
It should further be pointed out that Article 43 of the regulations under reference provides that
the scientific documentation described in Article 39 shall be strictly confidential in nature.  The said
scientific documentation may only be disclosed by the Institute at the request of the competent public
bodies, for the sole purpose of evaluating the elements submitted for the registration of the product,
except where that information is made public by the applicant or the holder of the registration, with
the due permission of the licensor if appropriate.
Furthermore, and without prejudice to the prov isions of the Health Code considered above,
account should also be taken of the stipulations of Article 14 bis of Law No. 19.653 concerning
administrative probity applicable to all the entities in the State administration, which mainly relate to
the public disclosure of administrative acts and the essential documents directly supporting orsupplementing them, as well as documents and materials containing information that could affect the
rights or interests of third parties, and the possible remedies for the due protection of their rights.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 23
Pharmaceutical products for veterinary use are regulated by Supreme Decree No. 139 of
1995, which is currently being amended so as to state expressly that information submitted for
registration is confidential in nature.  In actual fact, the information processed by the Agriculture and
Livestock Service, as the body responsible for registering and authorizing the use of pharmaceuticalproducts for veterinary purposes, is treated confidentially under the general rules on administrative
probity and professional secrecy by which public servants are bound.
The protection of the information furnished for approving pesticides is regulated under
point 26 of exempt Resolution No. 3670 of 23 December 1999 of the Agriculture and Livestock
Service establishing the rules for evaluating and authorizing pesticides, which reads as follows:
"Scientific information furnished by the applican t for the authorization of a pesticide, which is
not in the public domain or has not been published in scientific or information journals, shall be
confidential.  Nevertheless, the Service or other official state agencies may use it for the purposes of
quality control, the protection of human or animal life and the prevention of environmental pollution.
In any case, this scientific information may be used only by official agencies to deal with particularsituations, as dictated by the national interest."
Follow-up question:
In your response, you mention the more genera l provisions of your legislation on the
protection of confidential information.
(a) As far as the more specific issue of unfair commercial use by a competitor of data
submitted by an earlier applicant to the re sponsible authorities in the procedure for
market authorization of a pharmaceutical or of an agricultural chemical product isconcerned, please explain whether, and how,  your law prevents a second applicant from
relying on or from referring in his applic ation for market authorization of his own
product to the original data submitted by the first applicant.  In particular, has a second
applicant to provide to the responsible auth orities the same amount of data on safety
and efficacy for his own product as the first applicant?
Under Article 43 of the regulations of the national system for the monitoring of
pharmaceutical products, foods for medical use and cosmetics contained in Ministry of Health Decree
No. 1.876 of 1995 (document IP/N/1/CHL/U/1), applications for the registration of pharmaceutical
products containing the same active ingredient, in equal quantity per pharmaceutical form and having
the same form of administration as another product with a valid health registration, must provide the
same background information as that submitted the first time, as set forth in Article 39 of the sameregulations.  Nevertheless, exceptions are made for background information pertaining to selective
pharmacological and toxicological studies on animals, clinical studies and  pharmacokinetic studies.
Consequently, pharmaceutical products whose patents have expired, may be replaced by
similar products produced by third parties who apply for market authorization from the Public HealthInstitute (ISP).  If the therapeutic molecule in question has the same qualitative and quantitative
formula as the original product, the national regulations accept the information supplied by this
original producer (the owner of the patent) as the basis on which to authorize the marketing by third-
party producers, there being no need to furnish further background information.
In any case, under Article 43 of the aforementioned regulations, the scientific documentation
submitted by applicants for market authorization to the Public Health Institute remains "strictly
confidential".IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 24
(b) Does your legislation provide for time-limits before the expiration of which such data
cannot be relied upon or referred to by a second applicant?
The Public Health Institute does not grant market authorizations to third parties for products
currently protected by a patent.
VI. REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
Both as pertains to the various categories of intellectual property rights covered in the TRIPS
Agreement, as well as the principle of most-favoured-nation treatment, our legislation respects
Chilean and foreign rights on an equal footing, as explicitly contemplated in Article 2 of Law 19.039
and Article 2 of Law No. 17.336.
B. COPYRIGHT
2. Please explain how Chile's copyright law protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement and cite to the
relevant provisions.
Article 3 of the current Law on Intellectual Property No. 17.336 of 1970 reads as follows:
"Article 3. - In particular, the following shall be protected under the present law:
(1) books, pamphlets, articles and other writings, whatever may be the nature or form 
thereof, including encyclopaedias, guide books, dictionaries, anthologies and 
compilations of any kind;"
This provision includes compilations of any kind, inter alia , compilations of computer data.
However, the National Congress is currently examining a set of legal provisions amending
various domestic laws, including the Law on Intellec tual Property, so as to comply with Chile's
obligations under the TRIPS Agreement.  This draft law amends the above.menti0oned Article 3, with
regard to compilations, with a view to clarifying and improving the level of protection.  The current
text of the draft law on this subject would incl ude paragraph 17 below in Article 3 of Law No. 17.336,
to read as follows:
"Article 3. - In particular, the following sh all specifically be protected under the law:
(17) Compilations of data or other material, whether in machine-readable or other form,
which by reason of the selection or arrangement of their contents constituteintellectual creations.  Such protection shall not extend to the data or material itself
and shall be without prejudice to any copyright subsisting in the data or material
contained in the compilation;"
Law No. 17.336 briefly refers to the protection of computer programs in Article 3,
paragraph 16 in the following terms:IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 25
"Article 3.- In particular, the following shall be protected under the present law:
(16) Computer programs."The above-mentioned draft law now being examined replaces paragraph 16 above by the
following:
"(16) Computer programs, whatever their mode or form of expression, whether in source or
object code, and including the preparatory documentation, their technical description
and user manuals,"
In addition, it should be noted that Article 5 of Law No. 17.336 on Intellectual Property,
provides the following definition:
"(t) Computer program means a set of instructions for direct or indirect use in a computer
for the carrying out of a particular process or the achievement of a particular result,
which instructions are embodied in a cassette, diskette, magnetic tape or other
material medium.
Copy of a computer program means a physical medium containing instructions taken
directly or indirectly from a computer program, and incorporating all or a substantial
proportion of the instructions constituting the said program.
The draft amendment now being examined clarifies the protection granted by the Law to
computer programs.
3. Article 11 of the TRIPS Agreement requires th at rental rights be provided for computer
programs and cinematographic works in most instances and Article 14 requires that rental
rights be provided to the producers of phonograms.  Please describe the manner in which rental
rights are provided right holders in these works and phonograms and cite to the relevant
provisions of Chile's copyright law.
The rental rights of works protected by copyright are expressly protected only with regard to
cinematographic works (Article 29) and phonograms (A rticle 68), in both cases for the benefit of the
producers.
However, the draft amendment now being examined includes a new paragraph (e) in
Article 18 of Law No. 17.336, granting a new exclusive right to the holders, as follows:
"Article 18 – The owner of the copyright or an yone expressly so authorized by him shall have
the exclusive right to use the work in any of the following ways:
(e) to authorize or prohibit the commercial rental to the public of originals or copies of
his works."
In addition, the amendment also provides for a second paragraph to be added to Article 45, to
read as follows:
"Similarly, the provisions contained in Article 18(e) shall not be applicable to computer
programs where they are not the essential object of the rental."IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 26
The above-mentioned draft amendment, with regard to related rights, introduces a completely
new Article 66 in Law 17.336, and paragraph 4 of the amended Article specifically covers rentals, in
the following terms:
"Article 66 – In respect of performances, the following acts are prohibited without the
performer's express consent or the consent of his or her heirs or assigns:
(1) The recording, reproduction, broadcasting or rebroadcasting by broadcasting
organizations, or the use by any means, for purposes of profit, of such performances;
(2) the fixation in a phonogram of his or her unfixed performances, and the reproduction
of such fixation;
(3) the broadcasting by wireless means or the communication to the public of his or her
live performance;
(4) the commercial rental to the public of the original and of copies of his or her
performances fixed in phonograms".
With the amendments proposed and now being examined, rental rights are protected in
general terms and for all classes of works and, in the case of phonograms, the rental right is protectedfor both performers and producers, in accordance with the provisions of the TRIPS Agreement.
C. 
TRADEMARKS
4. Please explain how Chile's trademark law provides for a presumption of likelihood of
confusion, as required by Article 16.1 of the TRIPS Agreement, where an identical mark for
identical goods and services is used without au thorization on identical goods or services, and
cite to the relevant provision.
The draft law aligning our rules with the TRIPS Agreement includes a new Article 19 bis D
which virtually reproduces Article 16.1 of the TRIPS Agreement, by stipulating that "when the use
made by a third party concerns an identical mark for identical products, services or commercial or
industrial establishments, confusion shall be presumed to exist".
5. Please explain whether and how Chile's trademark and other laws ensure protection of
well-known trademarks and service marks, citing to the relevant provisions of law.
Article 20(g) of Law No. 19.039, which is reta ined and supplemented in the draft law
currently before the National Congress, provides the best guarantee of the rights of holders of famous
and well-known marks registered abroad, for the purposes of their registration in Chile, and alsoexpressly grants protection to famous and well-known marks registered in Chile.
D. 
GEOGRAPHICAL INDICATIONS
6. Please describe in detail how and under what laws geographical indications are
protected in Chile and cite to the relevant provisions of law.
Article 27 of Law No. 18.455 currently empowers the President of the Republic, by means of
a Supreme Decree issued through the Ministry of Agriculture, to determine wine-growing areas and
appellations of origin of wines and spirits in certain parts of the country and under specific conditions.
That power gave rise to Supreme Decree No. 464 of the Ministry of Agriculture, published in theIP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 27
Official Journal of 26 May 1995, determining the zoning  of wine-growing or appellations of origin for
the wines produced in the country.  The Decree was notified to the WTO and officially circulated as
document IP/N/CHL/G/3.
Article 28 of the same Law No. 18.455 establishe s "pisco", "pajarete" and "vino asoleado" as
appellations of origin, indicating the geographical areas and conditions and means of production.
In addition, one of the two draft laws currentl y before the National Congress and dealing with
intellectual property issues contains a new title dedicated exclusively to regulating geographical
indications and appellations of origin.  In that draft law, geographical indications are included
amongst the trademark registration prohibitions.
7. Does the law of Chile regarding geographical indications provide for any of the
exceptions to protection of geographical indica tions contained in Article 24 of the TRIPS
Agreement, and, if so, please describe the way in  which the exception is applied and cite to the
relevant provisions of law.
This topic is addressed in the regulations on geographical indications set forth in the draft
under reference, in the same terms as in the TRIPS Agreement.
E. INDUSTRIAL DESIGNS
8. Please describe in detail the way in which industrial designs, including textile designs,
are protected under Chile's laws and cite to the relevant provisions of law.
Industrial designs are dealt with in Articles 62 to 67 of the current Law No. 19.039 and its
implementing regulations, circulated in document s IP/N/1/CHL/I/4 and IP/N/1/CHL/I/5, and in the
same articles of one of the draft laws now being examined.  Those regulations establish the concept of
industrial design, the required novelty, the application requirements, duration, and the penalties forimproper use, imitation or manufacture.  Articles of clothing of any kind are excluded as industrial
designs, without prejudice to the authorship rights conferred on the owner.
F. 
PATENTS
9. Article 37 of Law 19.039 Establishing the Rules Applicable to Industrial Titles and the
Protection of the Industrial Property Rights excludes "discoveries, scientific theories, and
mathematical methods" as well as "economic, financial, easily verified trade and taxationsystems, methods, principles or plans."  Plant and animal varieties are also excluded from
patentable subject matter.  The patentability of micro-organisms, however, is not expressly
provided for, and Chile is not a member of the Budapest Convention.  Please explain whether
inventions in the below-specified categories  are patentable if they meet the standards of
patentability specified in Article 27.1 of the TRIPS Agreement:
(a) Process inventions that consist, in whole or in part, of steps performed by a
computer that are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium
such as a floppy disk, computer ha rd drive or computer memory;  orIP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 28
(ii) a general purpose computer whose novelty over the prior art arises
primarily due to its combination with a specific computer program;
(c) process inventions that facilitate the conduct of business;  and
(d) micro-organisms.
The inventions indicated in subparagraph (b) of the question and micro-organisms are
patentable.  All matters pertaining to computer program code lines fall under copyright, whilst
processes that facilitate the conduct of business are included amongst the prohibitions frompatentability indicated in subparagraph (c) of Article 37 of Law No. 19.039.
10. Please verify that, under Article 37(e) of the Industrial Property Law, a new use of an
existing product would be patentable if that new use solved a technical problem that did not
previously have an equivalent solution.
Yes, a new use of an existing product is patentab le if it solves a technical problem that did not
previously have an equivalent solution.
11. Under Article 38 of the Industrial Property Law, any invention "contrary to the law,
public policy, State security, or morality, or proper practice" is automatically excluded frompatentability.  Please describe the process by which the Government of Chile determines
whether an invention is contrary to law, pub lic policy, State security, morality or proper
practice and the criteria used to make those determinations, citing to the relevant provisions of
law.  Also, please indicate whether a determination that an invention is excluded from
patentability under Article 38 is appealable and, if  so, to what body would that appeal be made.
The determination of the patentability of an invention is always made by the Head of the
Industrial Property Department under the patent application procedure.  The concepts of public policy,
State security, morality and proper practice are essentially doctrinal in nature, with the result that any
decision to refuse a patent on these grounds is taken on the basis of reason and common sense.  As in
other cases, refusal on these grounds may be appealed before the Industrial Property Arbitration
Tribunal, whose decision may be the subject of complaint proceedings before the Supreme Court.
12. Article 52 of the Industrial Property Law gives patent owners the right to exclude others
from making, marketing, or importing for the pur poses of sale.  While the right to prevent
others from using patented processes is given, there is no express product-by-process.  Please
verify that holders of product patents can p revent the use of their patented products and
holders of process patents can prevent, in additi on to the use of their processes, the marketing,
use and importation of the product produced directly using their patented process, as is
required by Article 28 of the TRIPS Agreement.
One of the draft laws currently before the National Congress extends the protection granted
by process patents to the products obtained by those processes.
13. Under Article 52(c) of the Industrial Property Law, "fraudulent" use of the invention is
an infringement, except if the invention is used "exclusively for experimental or teaching
purposes".  Please explain in detail what unauthorized acts Article 52(c) would permit a third
party to perform.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 29
The provision allowing for the use of a pate nted process for experimental or teaching
purposes is based on such use being exclusively for academic or research purposes, without profit
making, exploitation of any kind or economic gain.  There are no legal precedents with regard to the
application of this rule.
14. Article 39 of the Industrial Property Law provides a patent term of 15 years but does
not  specify whether the term is measured from application or issue.  The term of patents not
based on foreign applications apparently may not be extended.  For applications based on
foreign filings, the term is the remainder of the te rm in the country of origin but is not to exceed
15 years.  Please describe in detail, including pr oviding an estimated date of completion, Chile's
plans for amending its law to provide a term of protection of at least 20 years measured from
the date of filing in Chile, including plans for en suring that such a patent term is provided for
all patents in existence in Chile on the date of application, 1 January 2000.
One of the draft laws now under examination increases the period of validity of patents from
15 years from the issue date to 20 years from the filing date.
15. Article 51 of the Industrial Property Law provides for the issuance of a compulsory
licence for abuse of the patent right.  Please describe in detail how Chile implements the
safeguards enumerated in Article 31 of the TRIPS Agreement with respect to this type of
compulsory licence.
The provisions on non-voluntary licences are supplemented by rules set out in one of the draft
laws currently under examination, which are in k eeping with the criteria laid down in the TRIPS
Agreement.  In over ten years of application of the current industrial property law, no compulsory
licences have been issued.
16. Please describe in detail how Chile implements the obligations under Article 34 of the
TRIPS Agreement and cite to the relevant provisions of law.
One of the draft laws under study includes a rule empowering the court to reverse the burden
of proof should the circumstances envisaged in Article 34 of the TRIPS Agreement materialize.
G. LAY-OUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe how Chile implements the obligations of Section 6, Part II of the TRIPS
Agreement and cite to relevant provisions of law.
One of the draft laws under study includes a Title VII on Layout-Designs (Topographies) of
Integrated Circuits embodying all the pertinent rules set out in the TRIPS Agreement.
H. PROTECTION OF UNDISCLOSED INFORMATION
18. Please describe in detail how Chile implements the obligations of Article 39.2 of the
TRIPS Agreement and cite to the relevant provisions of law.
One of the draft laws under examination includes a Title VIII on the protection of undisclosed
information embodying all the relevant rules contai ned in the TRIPS Agreement.  In addition, this
topic is regulated by several provisions of our laws, which have been notified to the WTO and
circulated in document IP/N/1/CHL/U/1.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 30
This notwithstanding, it should be pointed out that the Public Health Institute is the body
responsible for the health control of pharmaceuticals  and cosmetics, as stipulated in Articles 94 and
102 of the Health Code.  No pharmaceutical or cosmetic health product may be marketed or
distributed in the country without prior registration with this Institute.
Supreme Decree No. 1.876 of 1995 of the Ministry of Health approving the regulations of the
National System for the Monitoring of Pharmaceutical Products, Foods for Medical Use and
Cosmetics contains health regulations pertaining to the registration, importation, production, storage
holding, sale or distribution on any basis, and advertising and promotion of pharmaceutical products,
foods for medical use and cosmetics.
Pursuant to Article 37 of the aforementioned regulations, the registration application for the
purposes of marketing distributing an imported or domestic pharmaceutical product must be filed with
the Institute, using forms approved by it and which must be signed by the interested party or his legal
representative.  All the data and information indicated in Article 38 of those regulations must be
provided on the forms, which must be accompanied by the elements prescribed in Article 39 of theregulations.  These included particulars such as the product's complete formula, the proposed period
of efficacy, a clinical and pharmacological description, an information brochure for the professional,
an information brochure for the patient, sufficient samples of the products, samples of the standards of
the active ingredient(s), specification of the quality and purity of the raw materials, analytical
methodology, scientific information, etc.
It should further be pointed out that Article 43 of the regulations under reference provides that
the scientific documentation described in Article 39 shall be strictly confidential in nature.  The said
scientific documentation may only be disclosed by the Institute at the request of the competent public
bodies, for the sole purpose of evaluating the elements submitted for the registration of the product,except where that information is made public by the applicant or the holder of the registration, with
the due permission of the licensor if appropriate.
Furthermore, and without prejudice to the prov isions of the Health Code considered above,
account should also be taken of the stipulations of Article 14 bis of Law No. 19.653 concerning
administrative probity applicable to all the entities in the State administration, which mainly relate to
the public disclosure of administrative acts and the essential documents directly supporting orsupplementing them, as well as documents and materials containing information that could affect the
rights or interests of third parties, and the possible remedies for the due protection of their rights.
Pharmaceutical products for veterinary use are regulated by Supreme Decree No. 139 of
1995, which is currently being amended so as to state expressly that information submitted forregistration is confidential in nature.  In actual fact, the information processed by the Agriculture and
Livestock Service, as the body responsible for registering and authorizing the use of pharmaceutical
products for veterinary purposes, is treated confidentially under the general rules on administrative
probity and professional secrecy by which public servants are bound.
The protection of the information furnished for approving pesticides is regulated under
point 26 of exempt Resolution No. 3670 of 23 December 1999 of the Agriculture and Livestock
Service establishing the rules for evaluating and authorizing pesticides, which reads as follows:
"Scientific information furnished by the applican t for the authorization of a pesticide which is
not in the public domain or has not been published in scientific or information journals, shall be
confidential.  Nevertheless, the Service or other official state agencies may use it for the purposes of
quality control, the protection of human or animal life and the prevention of environmental pollution.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 31
In any case, this scientific information may be used only by official agencies to deal with particular
situations, as dictated by the national interest."
19. What measures, as required by Article 42 of the TRIPS Agreement, are taken by
judicial authorities in Chile to protect the conf identiality of undisclosed information furnished
by a party during legal proceedings to enforce righ ts in such information, or for other purposes.
Please see the reply to question 18.
20. Please explain in detail how Chile protects against unfair commercial use test and other
data submitted to obtain marketing approval for pharmaceuticals and agricultural chemicals
and cite to the relevant provisions of law.
Please see the reply to question 18.
21. Please explain in detail how Chile protects against disclosure test and other data
submitted to obtain marketing approval for ph armaceutical and agricultural chemical products
and cite to the relevant provisions of law.
Please see the reply to question 18.
I. ENFORCEMENT
22. Please describe in detail what civil actions and what civil remedies are available under
Chile's laws to right holders of each kind of intellectual property covered by Part II of theTRIPS Agreement, including plant variety protectio n, that permit effective action against any
act of infringement to prevent infringement and deter further infringement, and cite to the
provisions of law providing for those remedies.
In addition to the information on enforcemen t contained in document IP/N/6/CHL/1, one of
the draft laws currently under examination contains a complete set of rules governing the civil and
criminal remedies and precautionary measures available for safeguarding intellectual property rights,
these being complementary to the general rules notified in the document mentioned above.  It also
includes provisions on border measures in the terms set forth in the TRIPS Agreement.  In any case,
the competence to hear such cases and order precautionary measures rests with the courts of justice.
As regards the protection of plant varieties, it should be recalled that the Agriculture and
Livestock Service is conducting studies to further clarify the privileges and rights of farmers and thespecies to which they would be applicable.  It is intended to create stronger control mechanisms to
encompass the processes of production, packaging, transportation, marketing, etc. so as to enhance
even further the enforcement of breeders' rights.
23. Please state whether decisions on the merit in court proceedings are provided in writing
and if those written opinions are available to the public so that people can become familiar with
the law.
Please see the reply to question 22.
24. Please describe what civil provisional measures are available to right holders under
Chile's laws, describe the procedures that must be followed and cite the relevant provisions of
law.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 32
Please see the reply to question 22.
25. Please state whether judicial authorities have authority to adopt provisional measures
inaudita altera parte , as required under Article 50.2 of the TRIPS Agreement and under what
circumstances that authority will be invoked.
Please see the reply to question 22.
26. Please describe in detail the procedures under Chile's laws, at least with respect to
counterfeit trademarked goods and pirated copyrighted works, that allow right holders to
request customs authorities not to release goods into free circulation and cite to the relevant
provisions of law.  Please indicate if the cust oms authorities have ex officio authority to take
such action.
Please see the reply to question 22.
27. Please indicate whether border enforcemen t is available with regard to other forms of
intellectual property rights and cite to the relevant provisions of law.
Please see the reply to question 22.
28. Please describe in detail how Chile implements the remaining provisions of section 4 of
Part III of the TRIPS Agreement, citing to the relevant provisions of law.
Please see the reply to question 22.
29. Please describe in detail the criminal actions and remedies that are available with
respect to counterfeit trademarked goods and pirated copyrighted works and cite to the
relevant provisions of law.
Please see the reply to question 22.
30. Please indicate the authorities responsible for criminal actions involving intellectual
property rights and indicate whether their authority extends to other forms of intellectual
property rights.
Please see the reply to question 22.
31. Please explain whether and under what circumstances seizure, forfeiture and
destruction of infringing goods and any materials and implements are available as remedies in
wilful trademark counterfeiting or copyright piracy cases and describe the conditions under
which such penalties would be imposed.
Please see the reply to question 22.
32. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit lay-out design, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized;  infringing equipment seized;  cases resolved
(including settlement);  and the amount of damages awarded.
Please see the reply to question 22.IP/Q/CHL/1, IP/Q2/CHL/1,
IP/Q3/CHL/1, IP/Q4/CHL/1
Page 33
33. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.
Please see the reply to question 22.
34. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in Chile, particularly initiatives related to criminal enforcement.
Please see the reply to question 22.
__________