WORLD TRADE  
ORGANIZATION  IP/N/1/CHL/2 
1 September 2009 
 
 (09-4077) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CHILE 
 
  By means of a communication dated 26 June 2009, the following notification of its main intellectual property laws and regulations and lis t of other related laws  and regulations under 
Article 63.2 of the Agreement on Trade-Rela ted Aspects of Intellectual Property Rights 
(the TRIPS Agreement) has been received from the Permanent Mission of Chile. 
  - Annex I lists the "main dedicated inte llectual property laws and regulations". 
  - Annex II lists "other laws and regulations". IP/N/1/CHL/2 
Page 2  
 
  ANNEX I 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
  
1. Law 19.914 of 19 November 2003
∗1 bringing various Chilean laws into line with the Free 
Trade Agreement with the United States (ame nds Law 17.336 on Intellectual Property).  
 This law seeks to align certain Chilean laws  with the Free Trade Agreement concluded with 
the United States.  Article 3 amends Law 17.336 on Intellectual Property with respect to the scope, 
existence and enforcement of copy rights and/or related rights. 
  Thus, inter alia , it extends the term of protection of copyrights and related rights from 50 to 
70 years;  it incorporates the right of distributi on and international exha ustion upon first sale or 
transfer of ownership of the original or copy of the work sold or transfe rred;  it incorporates the 
exclusive right of rental with respect to computer  programmes;  it incorporates the exclusive right for 
producers of phonograms to authorize or prohibit communication to the public of their phonogram or for artists to authorize or prevent the communication to the public of their fixed performances;  and it 
provides for civil and criminal penalties for any pers ons that alter information on the management of 
copyright or related rights, or distribute or impor t for distribution information on the management of 
rights or copies of phonograms, knowingly or negligentl y, which has been altered, when they knew or 
should have known that this would permit, aid, abet or conceal an infringement of any of the 
copyrights or related rights.  2. Regulations to Law 19.039 on Industrial Property of 1 December 2005 *
2 
 These regulations, in their turn, implement th e reforms to the Law on Industrial Property, 
thereby permitting its entry into force.  3. Ministry of the Economy Law-Ranking Decree No. 3 of 20 June 2006 *
3 establishing the 
consolidated, coordinated and systematized te xt of Law 19.039 on Industrial Property.   
 This Decree incorporates the reforms to the Law on Industrial Property adopted since its 
promulgation in 1991 up to 2005 (Law 19.996).  
4. Law 20.160 of 26 January 2007 *4 amending Law 19.039 on Industrial Property.  
 This new reform of Law 19.039 on Industrial Property introduced changes with respect to the 
procedure for invalidation of registration, the possibi lity of extending the term of protection in case of 
unjustified administrative delay in granting a patent , recognition of collective and certification marks, 
and the coexistence of trademarks and geogra phical indications or appellations of origin. 
 
                                                      
∗ Date of publication in the Diario Oficial de Chile  (Official Journal). 
1 See document IP/N/1/CHL/C/10. 
2 See document IP/N/1/CHL/I/6. 
3 See document IP/N/1/CHL//I/7. 
4 See document IP/N/1/CHL/I/8.  IP/N/1/CHL/2 
 Page 3 
 
 
  5. Law 20.169 of 16 February 2007 *5 regulating unfair competition.  
 This law contains regulations relating to the scope, enforcement and/or prevention of abuse of 
intellectual property rights, penalizing acts of unfair competition, and it is expr essly stipulated that it 
applies to industrial and intellectual propert y rights regulated under Laws 17.336 and 19.039. 
 
 To that end, it contains a non-exhaustive lis t of acts and conducts considered to constitute 
unfair competition, including the misuse of the distinctive signs of a third party, false information on goods and services of a third party that could underm ine its reputation on the market, and manifestly 
unfounded legal action for the purpose of obstructing the transactions of an operator in the market. 
 
6. Law 20.254 of 14 April 2008 *
6 
 The Institute in question, under the Ministry of the Economy, is the public body responsible 
for the registration and promotion of industrial prop erty rights (trademarks, patents, utility models, 
industrial designs, integrated circuits  and geographical indications).  It  replaces the previous registry, 
operating with a larger budget and with officials sp ecially assigned to the registration of industrial 
property rights. 
                                                      
5 See document IP/N/1/CHL/O/2. 
6 See document IP/N/1/CHL/I/9. IP/N/1/CHL/2 
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  ANNEX II 
 
Other Laws and Regulations
 
 
TITLE 
DATE OF ADOPTION AND 
ENTRY INTO FORCE  BRIEF DESCRIPTION  
Law 19.928 of 31 January 2004∗ creating the 
Council for the Promotion of Chilean Music 
(gives the Council the authority to study and 
propose measures against the unauthorized reproduction of phonogram s and amends the 
provisions of Law 17.336 as regards the registration of works). Articles 3.13, 16 and 17 amend Law 17.336 on 
Intellectual Property as regards the requirements for the registration of works in the case of 
Chilean musical works, and confers upon a new 
consultative body of the Executive the power to propose enforcement measures with respect to the utilization of phonograms. 
 Article 3.13 authorizes the Council for the 
Promotion of National Music to study and propose measures aimed at preventing the unauthorized reproductio n and utilization of 
phonograms, while Articles 16 and 17 modify the statutory deposit with the Intellectual 
Property Registry (Article 75 of Law 17.336), 
increasing to two the number of copies to be provided in the case of Chilean musical works. 
Law 19.996 of 11 March 2005∗ amending 
Law 19.039 on Industrial Property. This Law represents the most significant reform 
of the legislation regulating industrial property 
rights in Chile, and incorporates all of the 
commitments under the TRIPS Agreement as well as others assumed under the bilateral preferential agreements negotiated by Chile. 
 Thus, it contains provisions relating to 
trademarks;  patents and utility models;  industrial designs;  layout designs (topographies) 
of integrated circuits;  business secrets and 
information submitted to the authority to obtain registrations or authorizations;  and geographical indications and appellations of origin.  It regulates, in respect of each one of these categories, the registration requirements, the 
term of protection, the procedures for examining 
applications and objections, cases of invalidation, and penalties for the infringement of such rights (fines).  Moreover, it contains a special chapter on enforcement measures, 
providing for special prudential actions and 
measures. 
                                                      
∗ Date of publication in the Diario Oficial de Chile  (Official Journal).  IP/N/1/CHL/2 
 Page 5 
 
 
  TITLE 
DATE OF ADOPTION AND 
ENTRY INTO FORCE  BRIEF DESCRIPTION  
 Finally, this amendment provides for the creation 
of the Industrial Property Tribunal with 
competent jurisdiction to settle appeals 
stemming from opposition trials and invalidation of industrial property rights or concerning plant varieties. 
Ministry of Health Decree No. 153 of 
28 November 2005∗ introducing mechanisms for 
the protection of data of an "undisclosed" nature by the Public Health Institute. This regulation implements the provisions of 
Title VIII, paragraph 2 of Law No. 19.039 on 
Industrial Property, which incorporates the standards for the protection of information presented by the authority with a view, in this case, to inclusion in the health registry of 
pharmaceutical products. 
Law 20.243 of 5 February 2008∗ establishing 
rules governing the moral and economic rights of 
performers over their performances fixed in audiovisual media. Recognizes the moral right of performers of an 
audiovisual work to associate their name with 
their performances and to object to any distortion of their performance.  It also recognizes their economic right to remuneration for communication to the public and broadcasting 
by television channels, cable, broadcasting 
entities and film theatres, for communication to the public through digital media, and rental, of their performances recorded in audiovisual media. 
Ministry of the Economy Law-Ranking 
Decree No. 2 of 28 November 2008∗ 
establishing the permanent staff for the National 
Industrial Property Institute.   
Ministry of Foreign Affairs Decree No. 52 of 
2 June 2009∗ promulgating the Patent 
Cooperation Treaty (PCT) and the Regulations 
thereto.   
 
 
__________  
                                                      
∗ Date of publication in the Diario Oficial de Chile  (Official Journal).