Intellectual and Industrial Property

1833

The Political Constitution guarantees exclusivity to authors and inventors for discoveries and works.

1838

Foundation of the National Society of Agriculture, an organism under the Ministry of Finance, which will later assume responsibility for trademark registration.

1840

The invention patent decree-law enters into force.

For the first time, an extension is granted for the permission to use a tanker in the port of Valparaíso, a privilege granted by the President of the Republic.

First granting of an invention patent, given on the 5th of October 1840 to Andrés Blest, who introduced in Valparaíso a “method for making Rum in Chile”.

1874

A register for national and foreign commercial marks or trademarks is inaugurated.

1877

On the 26th of June 1877, the Santa Rosa de Los Andes trademark is registered, granted to Napoleón Meneses for the manufacture of wines and liquors in Los Andes. This is the oldest trademark registration still maintained by INAPI.

1925

Decree-law No. 588, first legal text on Industrial Property. It comprises invention patents, commercial trademarks, and industrial models, overriding previous legal text.

The first industrial model is registered in Chile: “a manual packaging for the transportation of eggs”.

1931

Decree with force of Law No. 291 recasts provisions with those of decree-law No. 588: decree-law No. 958, the definitive legal text on Industrial Property, is drafted

1953

Decree with force of Law No. 88 organizes the Ministry of Economy, which includes the Sub-secretariat of Commerce and Industry, made up of four departments.

The Department of Industries is comprised of five units, two of them being the Invention Patent Office and the Trademark Office.

1960

The Ministry of Economy and the Sub-secretariat of Commerce are renamed the Ministry and Sub-secretariat of Economy, Development, and Reconstruction.

Decree with force of Law No. 242 creates the Directorate of Industry and Commerce (DIRINCO), the successor the Superintendency of Supply and Prices, previously the General Commissariat of Subsistence and Prices, predecessor to the current National Consumer Service (SERNAC).

1960

Decree No. 299 creates the Department of Industrial Property, made up of the Registrar of Invention Patents and Industrial Models, the Registrar of Marks, and the Legal Sub-department.

A decree grants the Head of the Department of Industrial Property the legal and regulatory powers of the preceding DIRINCO.

1968

The granting of invention patents is transferred to DIRINCO. Supreme Economic Decree No. 914 established the transferral of the powers of granting or rejecting invention patents and the granting of titles or diplomas from the Ministry to DIRINCO.

1969

By decree No. 515, DIRINCO delegates these faculties to the Department of Industrial Property. All the faculties remain in the Department except the power to declare invention patents invalid.

1971

Supreme Economic Degree No. 891: Chile adopts International Classification.

Chile adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification, 1957). The classification of invention patents and utility models is governed by the Strasbourg Agreement of 1971 and the classification of industrial designs by the Locarno Agreement of 1968.

1973

Decree-law No. 211: Law on the Defense of Free Competition.

1980

Law on Free Competition. Text consolidated, coordinated, and standardized by the Supreme Economic Decree no. 511.

1991

Law No. 19,039 on Industrial Property and its Regulations. The Regulations are contained in the Supreme Economic Decree No. 177. It transfers all jurisdiction in the matter to the Department of Industrial Property, which in turn had been transferred from the former DIRINCO to the Sub-secretariat by decree under the force of Law No. 1/3511.

Paris Convention: the Paris Convention is incorporated into our legal system. It defines acts of unfair competition.

1994

Eighth round of multilateral trade negotiations of the General Agreement on Tariffs and Trade (GATT), and the Marrakesh Agreement is adopted. The World Trade Organization is established, and attached agreements such as Annex 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights are adopted.

2000

Bill creating the Institution of Industrial Property reaches Congress.

2002

Supreme Economic Degree No. 285, modifying Supreme Economic Degree No. 177 from 1991, on Regulations under the Law of Industrial Property.

2005

Law No. 19,996 enters into force with the publication of its Regulations. Together with the Official Gazette, the weekly Gazette on Industrial Property is established, containing labelled color images of patent applications, commercial marks, and patent drawings.

2005

Chilean legislation adjusts to the obligations of the Marrakesh Agreement establishing the WTO. It incorporates industrial drawings, layout designs, geographical indications and appellations of origin, a new industrial property tribunal, the protection of undisclosed information, and a chapter on enforcement, increasing penalties and streamlining processes.

2005

Law No. 19,996 enters into force with the publication of its Regulations. Law No. 20,154: this law, which standardizes and lowers, by 15%, additional tax levied on the importation of software, technological counsel, and patents from abroad, enters into force.

2000 - 2006

The adjustment of internal legislation to international commitments and the ratification of international agreements is prioritized. The government and the National Congress make a commitment to reactivate the Institute project once said adjustments are complete.

2007

Law No. 20,160: second reform adjusting the Law on Industrial Property to free trade agreements (USA, EFTA) enters into force. It incorporates collective and certification marks and clarifies the registration of sound trademarks, non-prejudicial disclosures, and others.

2007

(January) Discussion surrounding the project creating the Institute of Industrial Property is renewed. (April) The ratification of the Patent Cooperation Treaty (PCT) reaches Congress.

2009

(1st of January) The National Institute of Industrial Property (INAPI) commences operations. (March) Chile deposits the Patent Cooperation Treaty (PCT) with the World Intellectual Property Organization (WIPO), and it enters into force in June.

2010

(September) The Senate approves the Trademark Law Treaty (TLT) and dispatches it to the executive branch of government.

2012

The new institutional building of INAPI is inaugurated, with a modern and safe infrastructure.

The Stamp of Origin program was launched, developed by INAPI in conjunction with the Ministry of Economy.

INAPI It was designated as an International Authority within the Patent system, placing it as one of the 18 most important patent offices in the world.

2014

INAPI began to operate officially as the International Searching Authority and Authority in charge of the Preliminary Patent Examination (ISA7IPEA) of the Patent Cooperation Treaty.

2016

Launch of the National Industrial Property Strategy.