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New Project That Modifies The Industrial Property Legislation In Chile Is Sent To Congress

Author:Mr Guillermo Carey, Francisco Carey and Fernando García
Profession:Carey
 
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With the aim of improving the industrial property system in our country, the Government, on recent days, has entered a bill amending Law No. 19,039 on Industrial Property; Law No. 20,524 that establishes the Industrial Property Institute; and the Criminal Procedure Code (hereinafter the "Project").

The main modifications introduced by the Project have the purpose of granting a stronger protection of industrial property rights and enabling a more efficient enforcement, along with establishing more efficient and expeditious registration procedures, reducing their processing times.

Among the modifications that this Project seeks to introduce, the following are worth highlighting:

I. Trademarks

Recognition of new types of signs that can be registered as trademarks By modifying the trademark concept of current article 19 of Law No. 19.039, the Project seeks to include "non-traditional brands" or "new types of brands" in our legislation, such as movement marks, holograms, position marks, olfactory marks and tactile marks, among others. Up until now, the concept of a trademark has been limited to those signs that can be graphically represented, namely, word marks, figurative trademarks, word & label trademarks and sound trademarks. Cancellation of trademark registration due to lack of effective use in the market or loss of distinctive character The Project introduces the possibility of cancelling a trademark based on its lack of use within at least five years as from the date of its registration. Likewise, the Project contemplates the possibility of requesting the cancellation of a trademark registration when the brand has lost its distinctive character, i.e. when the trademark has been transformed into the generic denomination of a product or service. Elimination of Commercial and Industrial Establishments as special trademark categories Following the international trend in this matter, the Project proposes the elimination of the trademark categories of commercial establishment (which protects the trademark that identifies a physical location in which goods are commercialized) and industrial establishment (which extends its protection to the trademark that identifies facilities in which goods are manufactured). It is contemplated that the trademarks that are already registered in these categories could be renewed as service marks to preserve acquired rights. The crime of trademark counterfeiting is introduced The specific offense of...

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