3 October 2016Jurisdiction reportsRodrigo Cooper

Legislative reform hits the buffers

Chilean Law No. 19.039 was enacted back in 1991, and since then has undergone three relevant modifications with the goal of adapting our law to the TRIPS Agreement and the relevant free trade agreements (FTAs) signed with the EU and US. Notwithstanding this, there is consensus that Chile has not fulfilled all its obligations under the various international treaties it has signed in the last few decades.

Not only are international pharmaceutical research companies dissatisfied by the lack of compliance, users of the system agree that the law should be changed by introducing modifications to simplify it and, mainly, adapt it to modern times and Chilean reality.

The view is that the 19.039 law is outdated as it does not fulfil requirements of modern commerce and innovation. For example, 3D trademarks are not recognised and the use of registered trademarks is not required—in other words, a registration that is not used may not be challenged for lack of use and, even, may be renewed indefinitely.

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