The Intellectual Property Tribunal is a special court established by article 17bis C of Law No. 19,039 on Industrial Property and its revisions.
This court is the second-degree jurisdictional instance responsible for hearing appellate procedures against “definitive or interlocutory decrees” issued by the Director of INAPI, as well as a first-degree jurisdictional body in trials regarding oppositions against trademark applications, invention patents, and other industrial rights, the nullity or transfer of titles, as well as any other claim related to the validity or the effects of the protection granted by the rights within the corpus construed by parties interested in the matter.
This collegiate court is are governed by the aforementioned provisions, complemented by those contained in the Regulations under Law No. 19,039 and its revisions. The hearing of cases is carried out, if applicable, in accordance with the regulations contained in Article 186 and the following articles of the Code of Civil Procedure.
Organization
The Industrial Property court is made up of six full members and four deputies. Each member is selected by the President of the Republic through Supreme Decree of the Ministry of Economy, Development, and Tourism from a set of three candidates proposed by the Supreme Court, who in turn have been selected by public tendering.
The members of the court must have held the title of lawyer for a minimum period of five years. In the case of the four full members and two of the deputies, specialized knowledge in industrial property is also required.
The President of the Tribunal, as well as the president of each chamber, is chosen by the respective full members.
The full and deputy members of the court remain in their position for three years and can be chosen to serve further consecutive terms.
The court also enjoys the services of a legal secretary, two rapporteurs, and four administrative officers, employed by the Sub-secretariat of Economy, Development, and Tourism and permanently assigned to the Industrial Property Court.
Address: Nueva York 9, Floor 13. Santiago Center, Santiago de Chile
Industrial Property court website: See website
Public attendance hours: Business days Monday to Friday from 08:30 to 13:00
Case hearing hours: Court sessions start at 09:00
Telephones: 226965476 / 226964097 / 226969876
©2018 INAPI. All rights reserved
