Friday, 23 January 2009

Illicit Trade Bill obtains approval by Chilean Senate

The Chilean Senate has approved, with certain modifications, a Bill on Illicit Trade. For these purposes "illicit trade" covers the unauthorised use of trade marks, offering stolen goods for sale and trading in goods that fail to meet any relevant legal requirements. The Bill was approved on 12 November 2008. It provides that anyone found guilty of an offence under it will face imprisonment and fines ranging from approximately $11,500 to $46,500. Under it, public prosecutors will be given special powers under the law, enabling them to seize and detain suspected infringing goods without the intervention of the Guarantee Court. The Chamber of Representatives must now approve various amendments made by the Senate. Once this happens, the Bill will become law.

Source: Sergio Amenábar, Estudio Federico Villaseca, Santiago de Chile, writing in World Trademark Review, 23 January 2009.

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