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News Alert

Important modifications to the Chilean legislation

During February of the year in course, several laws that modify the Chilean legislation in regards to industrial property and personal data have entered into force.

On February 6, 2012 Law 20,569 was enacted, modifying Law 19,039 on Industrial Property. This modification aims to incorporate into our Industrial Property Law certain provisions agreed by Chile through the signature of the Trademark Law Treaty (TLT) and the Patent Cooperation Treaty (PCT).

On the other hand, Law N° 20,575, which “states the principle of purpose in regards to the treatment of personal data” better known as “DICOM Law” came into force on February 17, 2012. This law modifies Law 19,628 in regards to the Protection of Private Life, providing a higher level of protection for people’s personal data.


By means of this law, certain matters have been modified which were already established in the legislation, applicable both to trademarks and patents; while others regarding trademarks were incorporated. In addition, certain criteria applied to the patent matter have been legally confirmed by virtue of an Administrative Circular.

a) Modifications concerning industrial property applicable to patents and trademarks:

• Assignment and transfer documents: The new law allows all contracts related to the assignment and transfer of Industrial Property Rights to be stated in a private document without any subsequent notarization or legalization.

• Powers of attorney: According to the new Law, in order to represent a national or foreign applicant at the Trademark and Patent Office and in front of the Industrial Property Court, a simple power of attorney is required, and no subsequent notarization or legalization is necessary. Nevertheless, if said power is given on behalf of a corporation, a document that certifies the faculties of the person who signed the power of attorney to represent the company, must be filed as well. This document must be in original or notarized.

It is important to note that in order to represent the applicant in front of a different Court, the notarization requirement for national powers of attorney and the notarization and legalization requirements in case of foreign powers of attorney are maintained.

• Filing of powers of attorney: It is allowed to file patent and trademark applications without having the power of attorney, which will have to be filed within the following 30 days for nationals and within 60 days in the case of foreigners. This modification will simplify procedures in regards to the filing of applications in those cases in which urgent action is required. Nevertheless, the Law maintained the previous procedure, according to which if the power of attorney is not submitted by the deadline, the Patent and Trademark Office will require the submission of the same in a period of 60 days.

• Renunciation: It is established that the powers in order to abandon or withdraw an application must be expressly granted to the representative.

b) News regarding industrial property relative to trademarks.

• Unique form: It is allowed to apply for a registration of goods and services within a same application, which will origin a unique registration, something that in general terms will simplify the filing of applications through only one trademark form.

If you have any questions regarding the matters discussed in this memorandum, please contact the following attorneys or call your regular Carey contact.

This memorandum is provided by Carey y Cía. Ltda. for educational and informational purposes only and is not intended and should not be construed as legal advice.

Carey y Cía. Ltda.
Isidora Goyenechea 2800, Piso 43
Las Condes, Santiago, Chile.