Commercial Brands and Patent Applications According to Chile's Industrial Property Law 19.039 of 1991

The Chilean Industrial Property Law 19.039 of 1991 is an inclusive set of rules in harmony with most international law principles on industrial and intellectual property. This law derogated Law No. 958 of 1931; Law 18.935; articles 16 y 17 of Law Nº 18.591; and article 38 of Law Nº 18.681s. It is composed of 8 chapters and 73 articles that constitute the basic legal scaffold of intellectual property in Chile. Law 19.039/91 is complemented by Chapter V of Law 18.455, among others; and international treaties such as the Paris Convention and its reviews. Following there is a summary of the procedure to obtain intellectual property rights in Chile, and a brief of the rules concerning registration of commercial brands and patent applications

The following questions have been addressed in this article:

What is the procedure to obtain industrial property rights under law 19.039/91?
How it is composed and what are the functions of the Industrial Property Arbitral Tribunal?
What are the essential rules on industrial property rights for commercial brands?
What objects enjoy patent protection under the Chilean legislation and what the maximum patent term conferred?


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