WORLD TRADE
ORGANIZATIONIP/N/6/CHL/1
3 May 2000
(00-1794)
Council for Trade Related Aspects of
Intellectual Property RightsOriginal:  Spanish
CHECKLIST OF ISSUES ON ENFORCEMENT1
Replies by Chile2
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases
The proceedings in the different courts which have jurisdiction over IPR infringement cases
depend on the category of rights infringed and the nature of the action brought.
Civil actions arising from infringement of IPRs are normally brought before the civil courts of
major jurisdiction, or arbitral tribunals  if the matter at issue between the parties has been referred to
that jurisdiction.  In any case, in Chile IPR infringements are not subject to compulsory arbitration.
Criminal actions deriving from infringement of IPRs are brought before the criminal courts.
The rulings of these courts are reviewed in accordance with various procedural remedies by the courts
of appeal and/or the Supreme Court  depending on the type of remedy.  The Supreme Court is
responsible for management, control and supervision of all of the courts in the country by
constitutional mandate.
The Agriculture and Livestock Service  also has jurisdiction over IPR infringement cases
which concern plant varieties, and the Resolutary Commission, the Central Preventive Commission
and the regional preventive commissions for cases involving anti-competitive practices.
Cases involving formal objections, annulment or transfer of an industrial property register
come under the jurisdiction of the administrative author ity.  In such cases, the Head of the Industrial
Property Department acts as a court of first instance, and his final rulings may be appealed before a
special court, the Arbitral Tribunal for Industrial Property.  The proceedings before the Head of the
Industrial Property Department are conducted in accordance with the rules governing ordinary
proceedings for a crime or an ordinary offence.
In actions brought for offences covered by Industrial Property Law, the Industrial Property
Department must be heard before a judgement is passed.
                                                     
1 Document IP/C/5.
2 These replies were prepared on the basis of the Government of Chile's best understanding of the
questions raised in each case and in conformity with the laws in force in the country, without prejudice to theexclusive authority of the Chilean judicial and administrative authorities responsible for implementing andinterpreting general or special provisions having an impact on issues on enforcement of intellectual propertyrights.IP/N/6/CHL/1
Page 2
The Arbitral Tribunal for Industrial Property also handles appeals brought in cases involving
the protection of plant varieties.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
Which persons have standing to assert IPRs
As a rule IPRs must be exercised by their respective holders or their successors.  There could
be cases in which such rights are exercised by a third party acting as an informal agent of the right
holder.  Regarding offences set forth in the Industrial Property Law (patents, trademarks, utility
models and industrial designs), as will be seen further on, the law provides for public right of action(Article 16 of Law No. 19.039) which may be exercised by the public prosecutor.
How may they be represented?
In order to appear before any court, whether on contentious or non-contentious matters, such
persons must be represented by a lawyer entitled to exercise the profession in Chile, a judicial
attorney, a law student enrolled in the third, fourth or fifth year of an authorized university law school
or having graduated from such a school over the past three years.
Are there requirements for mandatory personal appearances before the court by the right holder?
There are certain cases in which personal appearances before the court by the right-holder
may be mandatory, for example in order to make a deposition or for the purposes of a confrontation.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
The judicial authorities have the authority to order, at the request of an opposing party, a party
to a proceeding to produce evidence which lies within its control, even as part of the preliminary
process.  For example, Article 349 of the Code  of Civil Procedure stipulates that during the
proceedings a party may be ordered, at the request of an other party, to display such documents as lie
within its control or in the control of a third party insofar as they are directly related to the issue indispute and are not of a secret or confidential nature.
4. What means exist to identify and protect confidential information put forward as
evidence?
Such information is protected by numerous provisions, particularly in the Codes of Civil and
Criminal Procedure and the Code of Judicial Organization.
For example, the law punishes those who reveal secrets of the case or aid, abet or counsel any
of the interested parties to the detriment of the opposing party (Article 224 No. 6 of the Penal Code).
An attorney who wilfully abuses his position to disclose his client's secrets shall be subject to criminal
liability (Article 231 of the Penal Code).
Any public employee who discloses secrets of which he has knowledge as a result of his
position or who unduly supplies papers or copies thereof in his possession which should not be madepublic is liable for suspension from his employment and/or may be fined (Article 246 of the Penal
Code).  A public employee who by reason of his position has knowledge of the secrets of another
person and discloses such secrets to the detriment of that person is also considered to have committed
a crime (Article 247 of the Penal Code).IP/N/6/CHL/1
Page 3
Article 756 of the Code of Civil Procedure expressly stipulates that during the proceedings
the process may be declared restricted if the court so deems appropriate.
Under Article 61 of the Code of Criminal Procedure, in case of appeal the necessary steps
must be taken to ensure that restricted informati on relating to the proceedings is kept secret.  The
contents of the record of criminal proceedings are secret (Article 78 of the Code of Criminal
Procedure).
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- Injunctions;- damages including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
The judicial authorities have the authority to issue various types of judicial decisions.  These
decisions may be final judgements, interlocutory judgements, court orders or decrees.
The final judgement  is the judgement that puts an end to the proceedings, settling the matter
at issue.
The interlocutory judgement is the ruling on a case which establishes permanent rights on
behalf of the parties or decides on a procedure to serve as the basis for the final judgement.
The court order is the decision concerning a matter which is not included in the interlocutory
judgement.
The procedural order, without ruling on the matters or procedures forming the basis for the
passing of a judgement, is intended to pass a proce dural ruling on the case (Article 158 of the Code of
Civil Procedure).
Judgements are made in accordance with the merits of the case and may not extend to points
which were not expressly brought up for trial by the parties (Article 160 of the Code of Civil
Procedure).
Damages, including recovery of profits, and expenses, including attorney's fees
According to the general rules, any offence give s rise to criminal proceedings to punish the
guilty party and can give rise to civil proceedings to obtain such compensation as provided for under
the law for the injured party;  i.e. the person who has suffered damage as a result of the offence or
quasi-delict.  The offending party is liable for damages (Article 2314 of the Civil Code and Article 52
of Law No. 19.039).
The party guilty of the offence or quasi-delict causing damage to the other party is liable for
damages (Article 2314 of the Civil Code).  Thus, if the intellectual property right holder has suffered
damage as a result of the infringement of his right, he may apply for damages under the general rules.IP/N/6/CHL/1
Page 4
The judicial authorities may order costs from the offenders to cover the right holder's
expenses in accordance with the general rules applicable to all proceedings.  These costs are divided
into procedural and personal costs.  Procedural costs are those arising from the proceedings
themselves in accordance with estimates contained in the schedule of court costs, while personal costs
are those arising from attorney's fees and the fees of other persons involved in the proceedings(Article 139 of the Code of Civil Procedure).
The courts must assess the appropriate procedural costs and the personal costs (Article 140 of
the Code of Civil Procedure).
The party which is totally unsuccessful in an action or plea will be ordered to pay costs unless
exempted by the same court on the grounds that he had legitimate reasons to litigate (Article 144 ofthe Code of Civil Procedure).
With respect to violation of intellectual property rights, the convicted party is ordered to pay
costs and damages to the trademark ow ner (Article 29 of Law No. 19.039).
Destruction or other disposal of infringing goods and materials/implements for their production
Under Law No. 19.039, persons convicted of offences against the owners of trademarks,
patents, utility models and industrial designs are required to pay costs and damages to the right holder.
This same law stipulates that tools and implements used for falsification or copying shall be destroyedand the objects produced illegally shall be seized on behalf of the right holder.
With respect to intellectual property the court, in  ordering damages, may, at the request of the
injured party, require the handing over, sale or destruction of the copies of the work manufactured or
put into circulation in violation of the latter's rights and the materials which served exclusively for theunlawful manufacture of copies of the work.  The court may also order the seizure of the product
recited, represented, reproduced or performed.
In the course of the proceedings the court may orde r, at the request of the interested party, the
immediate suspension of the sale, circulation, exhibition, performance or representation.
Any other remedies
With respect to offences against the various categories of industrial property rights, the judge
may order the immediate seizure of the illegally produced goods without prejudice to his authority to
adopt precautionary measures as appropriate.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the production
and distribution of the goods or services found to be infringing and of their channels of
distribution?
In accordance with the general rules of procedure, the judicial authorities have the authority to
order the offender, on pain of legal action, to appear before the court and reveal the identity of third
persons involved in the production and distribution of the goods or services found to be infringing and
of their channels of distribution.
7. Describe provisions relating to the indemnification of defendants wrongly enjoined.  To
what extent are public authorities and/or official s liable in such a situation and what "remedial
measures" are applicable to them?IP/N/6/CHL/1
Page 5
There are any number of provisions establishing guarantees to avoid the wrongful enjoinment
of right holders in general and property right holders (including IPR holders) in particular.
For example, Article 20 of the Political Constitution (remedy of protection) stipulates that he
who should, due to arbitrary or illegal actions or om issions, suffer privation, disturbance or threat in
the legitimate exercise of the rights and guarantees established in the Constitution (including those
relating to intellectual property), may on his own, or through a third party, resort to the respective
Court of Appeals which shall immediately take the steps that it should deem necessary to re-establish
the rule of law and ensure due protection to the person affected, without prejudice to the other rights
which he might assert before the authorities or the corresponding courts.
In addition to this extraordinary remedy, there are other procedural remedies applicable at
different stages of the process in question, such as the remedy of appeal (de facto or de jure ), the
remedy of complaint and the appeal to vacate a judgment for error of law or form.
According to the Constitution itself (Article 76), judges are personally liable for bribery,
failure to observe substantial matters of law governing procedure, denial and wrongful administrationof justice, and in general, for any prevarication incurred in the performance of their functions.  Judges
remain in office only as long as they perform their duties properly, with the exception of lower-court
judges, who remain in function in their respective jurisdictions for such time as the law stipulates.
The Supreme Court may, upon demand by the President of the Republic, upon request made
by an interested party or ex officio, declare that judges have not performed their duties properly, and,
subject to a statement by the defendant and to a re port from the respective Court of Appeals, the
majority of its members may agree to remove them from office.
8. Describe the provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.
The duration and cost of proceedings are not predetermined:  but both depend on a series of
factors such as the nature and complexity of each case, the attorney's fees, the attitude of each of the
parties in the proceedings and the principles applied to the case.
Civil proceedings in Chile are essentially regulated by six principles: (1) the mechanism by
which the initiation and development of proceedings is essentially the responsibility of the parties;
(2) procedural preclusion, by virtue of which a stage of the proceeding may not begin until the
preceding stage has ended; (3) the adversarial system, wherein both parties are at all times given an
equal opportunity to express themselves or to be heard during the proceedings; (4) proximity,
whereby the judge is in direct contact with the parties and must receive the evidence; (5)concentration, which aims to accelerate the process by eliminating unnecessary processing; and (6)
contingency, whereby the parties must submit all of the arguments and evidence to substantiate their
case at one and the same time.
As a rule, the proceedings before the Chilean courts are essentially written and applications
and requests must contain the legal and factual basis on which the case has been brought.  The
evidence required, the way in which it must be submitted and put forward during the proceedings and
the value of each item of evidence is established by law.
During the course of any procedure, each party is called upon to settle the costs occasioned
thereby.  Once this is done, however, the court is  responsible for determining its judgment who is
ultimately responsible for costs, even if the parties have not so requested.  Normally, the party which
has been entirely unsuccessful in a case is responsible for paying the costs, unless the court considers
that it had valid reasons for litigating.IP/N/6/CHL/1
Page 6
In the field of intellectual property, persons convicted for infringements of provisions
concerning patents, utility models, trademarks and industrial designs are liable for payment of costs
and damages to the trademark owner.  Furthermore, the tools and implements used for the
counterfeiting or copying the trademark must be destroyed and the objects bearing false trademarks
seized on behalf of the trademark owner.  In such proceedings, the judge may also order the
immediate confiscation of the goods, without prejudice to such precautionary measures as may be
appropriate.
With respect to copyright infringements, the court has the authority, in imposing damages in
such proceedings, to order the handing over, sale or destruction of the copies of the work produced or
brought into circulation in violation of a copyright or the materials used exclusively for the unlawful
production of copies of the work.  The court may also confiscate the earnings deriving from therecital, representation, reproduction or performance of the protected work and may order the
immediate suspension of sales, circulation, exhibition, performance or representation.
A special provision of the copyright law even gives the court the authority to order the
publication of the judgment in a journal chosen by the injured party and at the cost of the offender.
The law provides for  public right of action to report copyright offences that are punishable by
law and grants the reporting party the right to half of the fine imposed upon the offender.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
In general, the administrative authorities do not  have the authority to try cases involving
offences against intellectual property rights.
However, with respect to industrial property, opposition trials, claims of invalidation of
granted rights or transfers of rights, as well as any other claim relating to the validity or effects of
such rights, are substantiated before the Head of the Industrial Property Department of the Ministry of
the Economy, who acts as a court of first instance.  The final decision of the Head of the Department
of Industrial Property of the Ministry of the Economy may be appealed before a special court ofsecond instance.
The cost and length of these procedures depends, inter alia , on the complexity of the case and
the attitude of the parties thereto.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
As a form of protection in respect of such material and legal changes as may take place to the
subject of the proceedings or the solvency of the de fendant, during the period between the filing of the
complaint and the judgment Chilean law provides for a series of safeguards, precautionary measureswhose purpose is to prevent such changes from ultimately undermining the rights of the complainant.
These precautionary measures include seizure of the goods, the appointment of interveners,
attachment orders, prohibition from concluding contra cts in respect of particular goods, and any other
measure which, in the view of the complainant, could serve to properly safeguard the result of his
action.  Such precautionary measures may be requested at any stage of the proceedings.IP/N/6/CHL/1
Page 7
Indeed, under the Code of Civil Procedure (Article 273), the preparations for ordinary
proceedings may include a demand by the complainant that the opposing party:
- Produce a sworn declaration of a particular fact relating to his capacity to appear in
court or his legal capacity or the name and address of his representatives;
- exhibit the thing to be challenged in the requested proceedings;- exhibit decisions, wills, inventories, assessments, property deeds and other public or
private instruments which by their nature could be of interest to certain persons;
- exhibit books of account relating to business in which the complainant is involved;
- provide a sworn acknowledgement of signature.
In addition, in order to safeguard the results of the proceedings, under Article 290 of the Code
of Civil Procedure the complainant may, at any stage of the proceedings, request one or more of the
following measures:
- Seizure of the object of the complaint;
- the appointment of one or more interveners;
- attachment of particular goods;- prohibition from taking any action or concluding any contract in respect of particular
goods.
11. In what circumstances may such measures be ordered inaudita altera parte ?
Such measures are adopted without the knowledge of the other party whatever the
circumstances, but must be notified to the other party.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular the relevan t time limits and safeguards to protect the
legitimate interests of the defendant.
Procedures in respect of preliminary measures are set forth in Articles 273 et seq. of the Code
of Civil Procedure, while those relating to preca utionary measures are contained in Articles 290 et
seq.
13. Describe the provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.
By their nature, precautionary measures are adopted rapidly.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
The administrative authorities do not have the authority to adopt provisional measures except
as a special court, in which case the general rules apply.IP/N/6/CHL/1
Page 8
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rightsother than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports
excluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
Under the Customs Law, those carrying out or involved in the import or export of goods on
the basis of false declarations concerning the products in question are considered to be guilty of fraud.
The courts of justice may order the customs services to prevent the entry into the country of
goods which allegedly infringe intellectual property rights or order the seizure of such goods.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authorities, in particular the compet ent authorities (Article
51), the requirements for an application (Article  52) and various requirements related to the
duration of suspension (Article 55).  How have Articles 53 (security or equivalent assurance), 56(indemnification of the importer and of the owner of the goods) and 57 (right of inspection and
information) been implemented?
These procedures are carried out immediately by the ordinary courts of justice in conformity
with the mentioned rules.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of decisions
by the competent authorities for the suspension of the release of goods into free circulation?
These procedures are carried out immediately by the ordinary courts of justice in conformity
with the mentioned rules.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
See previous reply.
19. Describe the  remedies that the competent authorities have the authority to order and
any criteria regulating their use.
These procedures are conducted by the ordinary courts of justice in conformity with the rules
mentioned above.
Criminal procedures
20. Specify courts which have jurisdiction over criminal acts of infringement of IPRs
As already indicated, criminal jurisdiction is in the hands of the ordinary criminal courts, the
courts of appeal and the Supreme Court of Justice.IP/N/6/CHL/1
Page 9
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Offences against industrial property in Chile basically consist in forgery and usurpation, and
unauthorized commercial use or exploitation in the case of patents, utility models and industrialdesigns, and counterfeiting, copying and usurpation, or use of counterfeit or copied trademarks.
Offences against industrial property (patents, utility models, trademarks and industrial
designs) are dealt with according to the rules of ordinary criminal procedure and the evidence is
considered according to equity.
Before a judgment can be made in such cases, the Head of the Department of Industrial
Property must be heard as a means of providing the technical information on the issue brought before
the court.
Offences against industrial property are considered to be "crimes", and the period in which
criminal action may be brought is limited to 10 years.
Offences and penalties in respect of patents
Article 52 of the  Industrial Property Law defines offences in relation to patents.
Firstly, the law punishes anyone who misleads another person by invoking the benefits of a
patent which does not exist or which has lapsed;  in other words, who claims to have a right which he
does not in fact have, either because he never did have it or because it has lapsed.
Secondly, the law punishes anyone who without due authorization manufactures, markets or
imports for the purpose of sale a patented invention.  This means that the law requires anyone
manufacturing, marketing or importing a patented invention to obtain an authorization from the patent
holder, failing which he is guilty of a criminal act.
In this connection, it should be borne in mind that the manufacture, marketing or import must
be for the purposes of sale.  If the purpose is other than sale, such as private use or experiment, then
no offence has been committed.
It should also be pointed out that by penalizing imports, Chilean law is not applying the
principle of national exhaustion of industrial property rights, but simply penalizing the imports insofar
as they constitute use without the authorization of the right holder.  In the case of imports from the
place at which the invention was used with the auth orization of the holder, there is no infringement.
Chilean law also penalizes those who mislead through the use of a patented process.
However, the use of a patented process for exclusively experimental or educational purposes is not an
offence, an exception which is more explicit than in the case of product patents.
The copying of a patented invention is also an offence;  in other words it is an offence to put
an invention similar to a protected invention to use without the authorization of the right holder.
Finally, the law penalizes those who copy or make use of an invention for which an
application is pending, provided the patent is ultimately granted.  This rule makes it possible toprosecute anyone who misleadingly copies or us es an invention for which there is a pending
application either for a product patent or a process patent, provided the patent is ultimately granted.
Thus, the right holder is protected from the moment the application is filed and not from the moment
the patent is granted.IP/N/6/CHL/1
Page 10
In all of the above cases, the penalty is a fine which ranges from about US$4,822 to
US$24,109, an amount which may be doubled in cases of second offence.
The maximum penalty under Chilean law for infringement of industrial property rights is in
fact the seizure of the tools and implements used to commit the offence and the illegally producedobjects, since this is done on behalf of the patent holder.  There is no prison sentence for the
infringement of industrial property law.
As regards provisional measures, the judge ma y order the immediate seizure of such goods,
without prejudice to his authority to order such precautionary measures as may be appropriate.
In addition to these pecuniary penalties, persons convicted for infringing the rights of a patent
holder must pay costs and damages.
As a prerequisite for penal action, all patented objects must carry an indication of the patent
number, either on the product itself or on its packaging, visibly preceded by the word "patent ".  This
obligation does not apply to processes (patented).
Offences and penalties with respect to utility models and industrial designs
The offences and sanctions relating to infringement of utility models and industrial designs
are essentially the same as for patents, with the exception of infringements relating to patentapplications punishable after the patent has been granted.
Offences and penalties with respect to trademarks
Chilean law provides for five situations considered as infringements against trademark
owners.
Firstly, the law penalizes those who misleadingly use a trademark identical or similar to
another trademark already registered in the same class.  This provision penalizes the unauthorized use
of a trademark identical or similar to another alread y registered in the same class.  The penalty is a
broad one, in that it does not distinguish between equal or similar products and/or services as long as
they are registered in the same class.
The law also penalizes those who use trademarks for deceptive purposes.Thirdly, the law punishes those who use registered trademarks of the same class for any type
of advertising.  While this is a more specific type of delictual action, the idea is essentially the same asfor the first case mentioned above.
The use of a trademark which is not registered, which has lapsed or which has been cancelled
with the same indication that would be used for a registered trademark is also punished.
Finally, the law penalizes those who use packaging or wrapping displaying a registered
trademark which does not belong to them and has not been deleted, except in cases where the marked
packaging is used for product of a different class.  This is a form of indirect protection for the
packaging of products protected by a registered trademark.
In all of the above cases, and as in the case of patents, the penalty for infringement is a fine
ranging from US$4,822 to US$24,109, which may be doubled in case of a second offence over the
past five years.IP/N/6/CHL/1
Page 11
The maximum penalty under Chilean law for trademark infringement is in fact the destruction
of the tools and the implements used for counterfeiting or copying and the seizure of the illegally
produced objects on behalf of the trademark holder.  There is no prison sentence for the infringement
of industrial property law.
As regards provisional measures, the judge may order the immediate seizure of the goods
with a counterfeit or copied trademark, without pr ejudice to his authority to order such precautionary
measures as may be appropriate.
In addition to these pecuniary penalties, persons convicted or infringing the rights of a
trademark owner are liable for payment of costs and damages.
As a prerequisite for penal action, all registered trademarks used commercially must carry the
symbol /g226  or the initials "M.R.".
Offences and penalties with respect to copyright and related rights
Under Chilean law, offences with respect to copyright and related rights are punishable by a
pecuniary penalty or a prison sentence.  In fact, a bill has been submitted which calls for even greater
penalties for this type of infringement.
There is a general penalty for infringements of copyright and related rights consisting of a
fine ranging from US$241 to US$2,410 which is applicable in the absence of a  specific penalty, as
we shall see further on.
When a court orders the payment of damages for infringement of copyright and related rights
it may order, at the request of the injured party, th e handing over, sale or destruction of the copies of
the work produced or put into circulation and the materials for their production, and the seizure of the
product recited, represented, reproduced or performed.
The court may also order, during the proceedings, the immediate suspension of the sale,
circulation, exhibition, performance or representation of the work.
The judges have the authority to order, at the request of the injured party, the publication of
the judgement, with or without the grounds on which it is based, in a journal, at the cost of the
offender.
Finally, it should be pointed out that such offences are actionable publicly and the
complainant has a right to half of the fine imposed.
The first specific penalty under copyright law concerns those who, without the authority to do
so, use works belonging to others which are protected, whether published or unpublished, by:
- Public recording, radio or television broadcasting, representation, performance,
reading, reciting, exhibition or, in general, any other means known or that becomes
known;
- reproduction of the work by any process;
- adaptation of the work to another genre, utilization in any other form involving a
variation, adaptation or transformation of the original work, including translation; andIP/N/6/CHL/1
Page 12
- public performance through radio or television broadcasting, phonographic records,
cinematographic films, magnetic tapes or any other material support which could be
used in sound or voice recorders, with or without images, or by any other means.
The law also penalizes those who, without the authority to do so, use protected interpretations,
productions and broadcasts of holders of related rights.
It also punishes those who counterfeit copyright protected works, whether literally, artistic or
scientific, or publish, reproduce or sell them falsely displaying the name of the authorized publisher,
removing or changing the name of the author or the title of the work or misleadingly altering the text.
It should be noted that in Chile, the title of a work is also protected.
Those who are liable for payment of copyright or related rights on the performance of musical
works and fail to provide performance notifications or falsify or alter them are also guilty of a
criminal act.
The law also penalizes the marketing of books fraudulently published or printed or without
the authorization of the copyright holder.
The above infringements are punishable by 61 to 541 days' imprisonment or a fine ranging
from US$241 to US$2,410.
Falsification of the number of copies sold in the accounts relating to the publishing contract is
also punishable by 541 days to 5 years' imprisonment.
The law provides for 61 to 541 days' imprisonment for those who, with the motive of gain,
intervene in the reproduction, public distribution or introduction into the country and those whoacquire or hold for the purposes of sale phonograms, videograms, phonographic records, cassettes,
video cassettes, cinematographic films or computer programs.
Penalty for infringement of other categories of rights
Chilean law also penalizes infringements of other intellectual property rights, such as those
relating to geographical indications, undisclosed information and protection of  plant varieties.
The Law on Alcoholic Beverages in Chile defines at least three geographical designations
with respect to spirits, one of which protects Chilean Pisco.  The law provides for a fine of US$723 to
US$7,233 for those who use this designation in violation of its requirements.  This fine can be
increased to US$14,400 in case of second offence. Si milar penalties are applied to those who infringe
the rules governing designation of origin with respect to wine.
There is no prison sentence for such offences.Regarding undisclosed information, there is a series of imprisonment penalties for persons
who disclose information that has been classified as confidential, especially information relating to
industry or to business and commercial transactions.
Finally, Chilean law prescribes a fine ranging from US$241 to US$2,410 and prison sentences
of 61 to 541 days for infringements of plant breeders' rights through the propagation or sale ofreproductive material or the offering of such material for sale, or the distribution, importation or
marketing thereof, a penalty which is doubled in case of second offence.IP/N/6/CHL/1
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22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
Each crime which is brought before a court must go through pre-trial proceedings, i.e. a
written, secret and non-adversary procedure, the purpose of which is to prepare the second part of thecriminal proceedings, the trial itself, which, in addition to also being recorded in writing, is a public
and adversary procedure.  Although secret, in certain circumstances, the defendant may be granted
access to the record of the pre-trial proceedings.
The pre-trial proceedings form a preparatory stage for the actual criminal proceedings:  they
are not limited in time and their purpose is to carry out all of the formalities required in preparation of
the criminal trial by hearing the explanations of the guilty parties, ensuring their appearance and
establishing their liability.  They have three essent ial purposes:  (1) to prove the existence of the deed
and to determine the identity of the offender;  (2) to ensure the appearance of the offender;  and (3) to
establish the financial liability of the offender.
The existence of the deed is proved through a court inspection, public and private documents,
witnesses, reports of experts, and legal and judicial presumptions.  The offender is determined in the
same way with the addition of confession, which does not apply in the case of establishing the
existence of the deed. The appearance of the offender is ensured through a writ of summons, detention
or pre-trial custody.  Finally, the financial liability of the offender is ensured through seizure or
precautionary measures.
Every offence gives rise to criminal proceedings and could give rise to civil action for
damages.
Public criminal proceedings may be initiated in four different ways:  by the public prosecutor,
by the plaintiff, by lodging a complaint or by a judicial inquiry.
A complaint is the act by which any person brings a matter which could constitute an offence
before any criminal court, and may be filed either with the court or with the police.
An "action" may be brought by any person eligible to appear in court and exercise the public
right of action, usually the aggrieved party interested in pursuing and punishing the commission of anoffence.  In this case, contrary to the previously mentioned complainant, the accuser is not part of the
criminal process and must be presented before the competent judge.
Once the necessary steps have been taken to ensure the existence of a criminal act and its
possible agents and accomplices or accessories, the judge orders the closure of the pre-trialproceedings and where appropriate, issues an accusation initiating the full trial stage, during which
both the accuser and the accused may submit their evidence and arguments in full.
For offences involving the infringement of industrial property rights and copyright and related
rights there is public right of action.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
See reply to the previous question.
24. Specify by category or IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;IP/N/6/CHL/1
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- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
In Chile, infringement of  intellectual property rights is punishable by criminal penalties
(imprisonment or fines) and/or civil penalties (damages).
Apart from the confiscation and seizure of goods, the infringement of the provisions of the
Industrial Property Law is punishable by fines ranging from US$4,822 to US$24,109, or in case of asecond offence from US$9,600 to US$48,200.
With respect to the copyright infringements, the law provides for fines ranging from US$213
to US$2,135.  However, a penalty of 61 to 541 days' imprisonment may be applied to persons who,
without the express authority to do so, use works owne d by others and protected by the law;  to those
who, without express authorization, use protected interpretations, productions and broadcasts of
holders of related rights;  to those guilty of counterfeiting works protected by the law, whether
literary, artistic or scientific, or who publish, reproduce or sell such works falsely displaying the name
of the authorized publisher, deleting or changing the name of the author or the title of the work or
altering its text;  and to those liable for payment of copyright or related rights for the performance ofmusical works who fail to provide performance notifications or who forge or alter a performance
notification.
A prison sentence is also applied to those who falsify the number of copies effectively sold in
the statements of account to the publisher, those who intervene in the reproduction, distribution to thepublic or introduction into the country and those who acquire or possess for purposes of sale
phonograms, videograms, records, cassettes, video cassettes, and cinematographic or photographic
films.
With respect to infringement of the rights of plant breeders, the law provides for fines ranging
from US$213 to US$2,135.  However, a prison sentence of 61 to 541 days may also be applied to
those who propagate or perform any act with a vi ew to selling as propagating material or who
permanently use the genetic material of a protected variety to produce a new variety, in the knowledge
that the variety is protected.
The same penalty is applied to those who offer,  distribute, import, export, sell or otherwise
provide for use as propagating material a plant variety which they know to be protected.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of the proceedings and their cost, if any.
The provisions have already been indicated above, and no information is available concerning
the actual duration of proceedings and their cost.
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