In December 2016, the National Institute of Industrial Property published a document named “Chile: Industrial Property National Strategy”.
In December 2016, the National Institute of Industrial Property (INAPI) published a document named “Chile: Industrial Property National Strategy”.
Even though Chile has a robust and modern IP system, there is still a perception that it is under-used. The enactment of this strategy does not mean that Chile has not made good progress in the past decades through several achievements, such as enacting in 1991 Industrial Property Law No. 19.039, which will be modified once a bill, currently in Congress, passes into law.
Other successes include the accession of Chile into the Patent Cooperation Treaty (PCT); the creation of INAPI; and the appointment of INAPI as an international searching authority and international preliminary examining authority under the PCT.
Nevertheless, this document, with 60 concrete proposals, seeks to have an explicit and proactive guideline that allows a permanent updating of each circumstance and/or need relating to national creators.
According to the document, there is a range of actions and measures designed to foster and use IP as an effective tool for social and economic development, promoting innovation and the spread of knowledge, so the market is organised and consumers are well informed.
The document also assesses the Chilean situation towards the protection of IP and states the objectives and challenges that Chile needs to reach in order to foster the insertion, promotion and implementation of IP so it can help the country to increase the level of innovation and investment in R&D. It also includes data about the growth in patent and trademark applications during the last decades.
"To reduce time and paperwork, the strategy aims to introduce a paperless procedure and proposes to replace the publication of each application in the official newspaper with an online publication."
The process to complete the document included a complete group of measures and several stages. The first one covered a stage to review technicalities, which was carried out with information obtained from the work that INAPI has done with the World Intellectual Property Organization (WIPO) in the context of the Committee on Development and Intellectual Property and with WIPO’s online tools, as well as with its internal data.
In addition, a process of interviews with the most important users of the IP system was conducted. There were meetings with the most important stakeholders, ranging from IP offices to IP researchers and consultants, covering pharmaceutical patents to industrial designs. To sum up, a citizen consultation where users could express their opinion about their expectations for an IP strategy was conducted.
The general objectives set forth in the document are as follows:
Insert IP into the formulation and implementation of public policies.
Promote and spread the elements that are part of the IP system.
Generate awareness about the respect, rights and obligations regarding IP in all citizens.
Continue developing a balance of rights and obligations.
Make the benefits of IP more reachable for innovative entrepreneurs, scientists, universities, companies and all citizens in general; and
Continue the promotion and involvement of INAPI within the international context.
There are also guidelines that point out the importance of having faster solutions to conflicts in IP matters. To build and improve our arbitration procedure, WIPO might be asked for assistance, due to its experience in promoting arbitration in other countries.
In addition, the internal procedures at INAPI will be reviewed to simplify them, at the same time shortening the timing and costs of registration. To reduce time and paperwork, the strategy aims to introduce a paperless procedure and proposes to replace the publication of each application in the official newspaper with an online publication. INAPI will also propose a tax-differentiated system to help small entrepreneurs.
Some of the proposals have already been introduced and have shown a positive impact, such as an experimental programme of teleworking. There are others that will take more time to come into effect, due to more bureaucratic procedures that include different parties and need approval.
The important matter is that our authorities are aware of the importance of having a modern and updated IP service and management system in order to sustain the country’s development.
Francisco Silva is a partner at Silva. He can be contacted at: email@example.com
Chile, INAPI, Francisco Silva