IPTango: Chile

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Monday, 5 July 2021

The Latin American Network of IP and Gender has been created

IPTango July 05, 2021 No comments:

On 28 June 2021, it was announced the creation of the Latin American Network of Intellectual Property and Gender. For such purpose, a Memorandum of Understanding (MoU) was signed between INAPI (Chile), INDECOPI (Peru), RN (Costa Rica), SIC (Colombia) and the World Intellectual Property Organization (WIPO, as an honorary member).

The Network was conceived as a forum “to develop activities and promote the intellectual property at the regional level, with a gender perspective”.

The Latin American Network of Intellectual Property and Gender will facilitate the exchange of good practices, stats, and experiences between the Offices to close the gender gap and empower women in the region concerning innovation and entrepreneurship.

During the virtual signing ceremony of the MoU, the founding members expressed the desire that the entire region joins the Network to make a more significant impact.

The Network’s creation was discussed during the “III Sub-regional Meeting on Intellectual Property, Innovation and Gender Equality” in 2019. Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Mexico, Peru, and Uruguay participated in such a meeting.

Throughout 2020, the IP Offices of Chile, Colombia, Costa Rica, and Peru held meetings with WIPO to follow up on the creation of the Network.

Sources: INAPI (Chile), INDECOPI (Peru) and RN (Costa Rica) websites.

Image by Gerd Altmann from Pixabay.

The Chilean Senate approved the bill to join the Madrid Protocol

IPTango June 14, 2021 No comments:

On 19 May 2021, the Chilean Senate approved the bill to join the Madrid Protocol.

As reported here, first, the bill was discussed and approved by the Chamber of Deputies on 14 January 2021. Then, it was sent to the Senate for its approval.

The Madrid Protocol is administered by the World Intellectual Property Organization (WIPO). The Treaty establishes an international system that facilities the registration and management of trademarks in the countries of its Contracting Parties.

The Madrid Protocol will enter into force in Chile after the respective promulgation and that the instrument of accession is deposited with WIPO.

Review here more information about the Madrid Protocol.

Sources: INAPI and Chilean Senate websites.

Chile and the Madrid Protocol: are we close yet?

Patricia Covarrubia January 12, 2021 No comments:

In December 2020, the draft Agreement to approve the Madrid Protocol was entered into the first Chilean Constitutional procedure. The discussion of the draft began on December 15, 2020 at the Foreign Relations Committee of the Chamber of Deputies.

The bill (Bulletin 13,929) relates to the international registration of marks. During the discussion, the subsecretary of International Economic Relations; the subsecretary of Economy; and INAPI’s director, explained the benefits and scope of the draft. The Ministry of the Economy and the National Institute of Industrial Property (INAPI), are seeking to promote national trade marks in the international market.

The Madrid Protocol is administered by the World Intellectual Property Organization WIPO). Among its benefits, INAPI notes: single application at the International Office (through the national office), lower management costs due to a single cost structure, presentation in a single language (Spanish, French or English), payment of a set of fees; adds value to products; contributes to global trade; protection in a globalized world. In this regard, INAPI’s director states that ‘80% of Chilean brands that are registered abroad do so in 6 of the 10 countries that are already part of the system.’

Thursday's session (14/01/2021) will open with the Protocol concerning the Madrid Agreement on the international registration of marks based on the report (here) prepared by the Commission of External Relations; a vote is expected.

Membership of the Madrid Union stands at 123 countries (for the list, click here) that represent 80%+ of the word trade. An applicant from an Office of Origin (in this case, Chile) will select Contracting Parties (members of the Madrid Union) where it wishes to protect its mark and vice-versa.

Impacto económico de las marcas en América Latina

Gilberto Macias (@gmaciasb) November 06, 2019 No comments:

ASIPI e INTA acaban de publicar el informe “Las marcas en América Latina: Estudio de su impacto económico en 10 países de la región”. Este informe es una extensión del informe previamente publicado en el 2016.

En ese primer informe, se evaluó la contribución económica de las industrias intensivas en marcas en Chile, Colombia, Perú, Panamá, y México. En este nuevo informe, se actualizan los resultados de los citados países y se extendió el análisis a cinco nuevos países: Argentina, Brasil, Costa Rica, Guatemala y República Dominicana.

Chile vs Peru: the battle over ‘Pisco’ continues

Patricia Covarrubia October 02, 2019 No comments:

The Peruvian Ministry of External Relations has issued a Press Release stating that Peru will appeal to the ruling of the Court of First Instance of Thailand against the registration of a Chilean association that intends to use the term Pisco.

Press Release 010 - 19
Given the news reports that advance the ruling of the Court of First Instance on Intellectual Property and International Trade of Thailand, it should be stressed that despite the exclusive ownership of the Peruvian Denomination of Origin Pisco in Thailand, said Court ruled that in that country you can use "Pisco Chile".
Peru considers that this first decision of the Thailand Court does lead to consumer confusion in that country, since the Pisco Denomination of Origin is Peruvian and this is confirmed by the historical, geographical, cultural and scientific arguments that our country supports and defends in all the world’s court.
In that sense, the ruling in the first instance will be appealed immediately by Peru, in order to continue opposing any attempt to register because these are obvious errors of fact and law.

A Pisco sour for a sour battle

Years of international dispute have persisted over the origin of Pisco which both Chile and Peru have produced since colonial times. Both countries recognize it in their own jurisdiction as a Denomination of Origin. Additionally, back in 2018, Chile was open to accepting the name of Peruvian Pisco if Peru accepted the name of Chilean Pisco – a qui pro quo that did not go far since Peru did not accept such a proposal.

The case brought appears straightforward. If the Thailandese Registry of Industrial Property recognized Pisco as a Denomination of Origin (DO) produced in Peru, it does then prevents the registration of the name and any marketing of Pisco within the Thailand market if it has not complied with the Peruvian national regulation. Clearly, if Pisco was not made in Peru it cannot be called as such. Well, it is not that simple. In India, the dispute over the name went over 9 years (finally won by Peru) and this appears to be the case now in Thailand. The dispute is over a year on, so get ready for a long battle.

The whisky exchange webpage (where I get my inspiration from:) ) notes that ‘Pisco is a grape brandy produced in Chile and Peru’. In the EU (oh BREXIT is coming…who will register first in the UK, Chile or Peru) both, Chile and Peru, were granted geographical indication. Chile had an association agreement (2002) where recognition was given, and then Peru applied for the registration of Pisco as GI (granted in 2013).

Chile on promoting national products

Patricia Covarrubia September 12, 2019 No comments:

In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

One of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM