Should I register my Intellectual Property in Chile to protect it?

As part of the Berne Convention, Chile does not require any formal registration to provide protection to Copyright works; the work will be automatically protected from the moment of its creation. However, registration may very useful in enforcement actions as a proof of ownership, and of the date of creation or the content of the work itself.

Regarding trademarks, patents, designs and utility models, Chilean Law adopts the first to file principle, what means that exclusive rights are granted to the party that firstly register the relevant IP right in Chile. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.

Nevertheless, in accordance with its the international obligations under the Paris Convention and the TRIPS Agreement, Chile provides a certain degree of protection to unregistered well-known marks. In addition, Chilean Law provides that use of an unregistered mark in Chile will permit its owner to benefit from certain actions and defences against another party who is intended or has registered the same or a similar mark. On the other hand, be aware that in contrast with Europe, unregistered designs are not protected in Chile.

If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.