b.- Admission of new documents to execute changes in the ownership of a Trademark
Changes in ownership of a trademark on the Chilean Trademark Registry, may be carried out, in addition to the available legal procedures, through the submission of the following documents:
i.- Certificate of transference not validated, written in form, containing matter accordingly to Form N ° 5 of the TLT Regulation, signed in original, by both the assignor and the new owner.
ii.- Document of Transference not validated, written in form, containing matter accordingly to Form N ° 6 of the TLT Regulation, and signed in original, by both the assignor and the new owner.
c.- New requirements for documents that credit change of entitlement in a Registry
i.- The assignment contracts will have to be signed both by the assignor and the assignee.
ii.- If extracts of contracts or extracts from the Commerce Registry must be presented, the INAPI may require that these should be certified by a Notary Public or competent authority.
iii.- For those contracts that have been signed representing legal entities, the INAPI may require certification of the legal standing. In this case, the legal standing shall be certified with a true copy of the original by a Notary Public.
II. - Internationalization of Chile´s National Institute of Industrial Property
1) Inapi designated as an ISA/IPEA Office
The National Institute of Industrial Property of Chile has been designated as an International Patent Authority by the World Organization of Intellectual Property (OMPI).
Chile is now part of the select ISA – IPEA authorities group (International Search Authority and International Preliminary Examination Authority), title only held, until now, by Brazil. Our country´s appointment grants South America an important role in patent matters.
The latter implies advantages as well as simplifications in procedures for submission of international requests in Chile, according to the PCT Agreement. For example, the applicant may obtain in the same Office the International Search Report and the Preliminary International Examination, which will reduce procedure costs and avoid delays as a result of request overloads in other Offices.
The designation will be made official as an International Search Authority and International Preliminary Examination Authority Agreement, which regulate their running as Authority. According to INAPI, Chile would begin to formally work as an ISA – IPEA authority by the end of 2014.
2) Signing of Regional Cooperation PROSUR – PROSUL Agreement
Last October 16 -by means of Exempt Resolution N ° 536 of the Economic, Promotion and Tourism Chilean Ministry- INAPI signed the “Cooperation Agreement that establishes the PROSUR-PROSUL Regional Cooperation System on Industrial Property.”
The member parts are the national Industrial Property Authorities of Argentina (INPI),
Brazil (INPI), Chile (INAPI), Colombia (SIC), Ecuador (IEPI), Paraguay (DGPI), Peru (INDECOPI), Surinam (BIE), and Uruguay (DNPI).
The Agreement seeks to promote development in resource modernization and industrial roperty systems, thus enhancing industrial, science and technology development in the region.
