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The 1967 Convention establishing the World Intellectual Property Organization lists the items covered by intellectual property protection.

These subjects are the following:

  • Artistic and scientific literary works
  • The interpretations of the artists, performers, and the executions of the artists
  • Inventions across the board in human endeavors,
  • Scientific breakthroughs, and industrial designs
  • Trade names and designations, service marks, trademarks, and trademarks :
  • Defense against deceptive business practices

This is in addition to “all other rights pertaining to intellectual activity in the domains of industry, science, literature, and the arts. “

The same goes for the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS (1995), which identifies as categories of intellectual property copyright and related rights, trademarks, geographical indications, industrial designs and models, patents, and the protection of undisclosed information.

Industrial property and copyright are the two categories under which intellectual property is separated.

The primary intellectual property rights are:

  1. Trademarks Trademark

Means any sign used to distinguish products, services, industrial and commercial establishments in the market. The main characteristic of a brand is that it must have a distinctive character; that is, it must be able to be distinguished from others that exist in the market so that the consumer can differentiate a product and service from another of the same type or identical ones that exist on the market.The trademark only provides temporary territorial protection, meaning it is only effective at the national level. It has a ten-year term that can be renewed indefinitely for equal periods with the payment of the appropriate fees.

  1. Patents

With the exclusive rights that patents grant, you can utilize and profit from your invention while preventing unauthorized use by others. An invention is protected by a patent, which is an exclusive right granted by the government. The invention must meet three conditions in order for a patent to be granted:

  1. a) Be novel

That is, it only exists in the State of the art. Prior art is anything that has been disclosed or made accessible to the public, anywhere in the world, through tangible publication, sale, or marketing.

  1. b) Have an inventive level

That is, the invention cannot be apparent or derive, in an evident manner, from the State of the art for a person generally versed in the corresponding technical subject.

  1. c) Adaptable to industrial use

 In other words, it can theoretically be produced or utilized in any industry, whether manufacturing, crafts, mining, agriculture, or another.

The protection provided by the State is territorial, that is, only at the national level and for a single period of 20 years from the date of submission of the application.

  1. Geographical Indications and Designations of Origin

By obtaining a registration of geographical indication or designation of origin, the product’s qualities and reputation will be protected against third parties who use it unfairly. At the same time, it will be delivered to the final consumer. The assurance that the purchased product has the qualities, characteristics, or reputation that are fundamentally due to its place of origin.

While a geographical indication identifies a product as originating in a geographical region, attributing specific characteristics, qualities, or reputation that are fundamentally due to its geographical origin, a Denomination of Origin (DO) identifies a product as originating in a geographical region, attributing to its specific characteristics, qualities or reputation fundamentally attributable to its geographical origin, also having other factors (such as humans) that affect the characterization of the product.

  1. Copyright

Is that which protects literary and artistic works and also includes related rights (the rights of performers, broadcasting organizations, and phonographic producers). Copyright has two equally important aspects or components:

  • Patrimonial rights of economic content, which allow the owner or his successors to benefit from the exploitation, reproduction, communication, and dissemination of the literary or artistic work by any means or procedure and,
  • Moral rights are very personal, non-transferable, and imprescriptible, such as paternity and integrity of the work, repentance or withdrawal, etc.
  •  They are also protected by copyright, along with artistic and literary works, original software, and databases.
  1. Plant Varieties

Any breeder of varieties, both national and foreign, who wishes to protect a new variety of their creation in Chile may register it in the Registry of Protected Varieties. Current legislation recognizes the breeder’s right to his variety, granting him the exclusivity to multiply and trade the seed or plant of the protected variety during the validity of the protection.

The requirements for this protection are those established in Law 19,342; that is, the variety must be new, different, homogeneous, and stable.

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