[PASSAGE] AMENDMENT OF LAW NO. 17.336 ON INTELLECTUAL PROPERTY Having present that the National Congress has given its approval to the following bill, Bill: " Article 1.-Enter the following amendments in law No 17.336: 1) Amend Article 5 (5) as follows: (a) Intercalase, in the literal (u) of Article 5 °, following the word "fixation", the term "permanent or temporary" and replace the conjunction "and" by "or". b) Add the following literal and): " and) Service Prestor means, for the purposes of Chapter III of Title III of this Law, a company providing transmission, routing or connections for digital communications in line, without modification of its content, between points specified by the user of the material he selects, or a supplier or operator of facilities for online services or access to networks. " 2) Substitute the third subparagraph of the Article 8, by the following: " With regard to the computer programs produced by a commission of a Third, the rights of the author shall be deemed to be transferred to the third party, unless otherwise written. "3) The current first and second points of Article 10 shall be replaced by the following:" The protection afforded by this law lasts for the whole of life (4) Eliminate, in the second paragraph of Article 12, the sentence: 'Without prejudice to the rights of the spouse referred to in Article 10', the words 'the words' shall be entered in the second paragraph of Article 12. ' "yes" that follows it with initial capital. 5. In Article 37a, the following second indent is added: "This right shall not apply to computer programs, where they are not the essential object of the lease." 6. (a) and (iv) (Articles 46 to 47) of Chapter V of Title I. 7) Add the following third indent in Article 65: " Where the author's authorization of a work incorporated in a phonogram and the authorization of the artist, interpreter or The applicant and the producer of the phonogram must be present without the other being excluded. ' 8) Intercalase, as a new Title III, the following, passing the current Title III to be Title IV: " Title III Limitations and Exceptions to Copyright and Related Rights Article 71 A. Where appropriate, limitations and exceptions established in this Title shall apply to both copyright and related rights. Article 71 B. It is lawful to include in a work, without remunerating or obtaining the authorization of the holder, of short fragments of protected work, which has been lawfully disclosed, and its inclusion is made by appointment or for purposes of criticism, illustration, teaching and research, provided that its source, title and author is mentioned. Article 71 C. It is lawful, without remunerating or obtaining authorization from the owner, any act of reproduction, adaptation, distribution or communication to the public, of a work lawfully published, which is carried out for the benefit of persons with disabilities visual, auditory, or other class which prevents the normal access to the work, provided that such use is directly related to the disability in question, is carried out through an appropriate procedure or means to overcome the disability and non-commercial purposes. The copies shall expressly indicate the circumstance of being carried out under the exception of this article and the prohibition of their distribution and making available, to any title, persons who do not have the respective disability. Article 71 D. Lessons given in institutions of higher education, colleges and schools may be recorded or collected in any form by those to whom they are addressed, but may not be published, in whole or in part, without authorization of the authors. The conferences, political speeches, court cases and other works of the same character that have been spoken in public, may be used freely and without payment of remuneration, for the purposes of information, being reserved to its author the right to publish them in separate collection. Article 71 E. In commercial establishments where musical instruments, radio or television equipment or any equipment allowing the emission of sounds or images are exposed and sold, they may be used freely and without payment of remuneration, works or phonograms, with the sole purpose of demonstrating to the customers, provided that they are carried out within the premises itself or in the section of the establishment intended for this purpose and under conditions which prevent its spread to the outside. In the case of commercial establishments selling computers or computer programs, the use of protected works obtained lawfully will be free and without payment of remuneration, with the exclusive object of making demonstrations to the customers and under the same conditions as mentioned in the previous paragraph. Article 71 F. The reproduction of works of architecture by means of photography, film, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education, is free and is not subject to remuneration, provided it is not in a separate, complete or partial collection, without the authorization of the author. Likewise, reproduction by means of photography, drawing or any other procedure, of monuments, statues and, in general, artistic works that permanently adorn squares, avenues and public places, is free and not subject to remuneration, the publication and sale of the reproductions being lawful. Article 71 G. In the works of architecture, the author may not prevent the introduction of modifications that the owner decides to make, but he may object to the mention of his name as the author of the project. Article 71 H. The obligation laid down in Article 30 shall not apply to advertising or propaganda films. Nor will it be mandatory to mention the name of the author in the advertising photographs. Furthermore, the provisions of Article 37a shall not apply to computer programmes where they are not the essential object of the lease. Article 71 I. Libraries and archives which are not for profit may, without the authorization of the author or the holder or payment of any remuneration, be required to reproduce a work which is not available on the market, in the following (a) Where the specimen is in its permanent collection and is necessary for the purpose of preserving that copy or replacing it in the event of loss or deterioration, up to a maximum of two copies. b) To replace a copy of another library or file that has been lost, destroyed or unused, up to a maximum of two copies. c) To incorporate a copy into its permanent collection. For the purposes of this Article, the copy of the work shall not be available for sale to the public on the domestic or international market in the last three years. Article 71 J. Libraries and archives which are not for profit may, without the authorization of the author or holder, or payment of any remuneration, be required to make copies of fragments of works that are in their collections; request of a user of the library or file exclusively for personal use. The copies referred to in the preceding paragraph may only be made by the respective library or file. Article 71 K. Libraries and archives which are not for profit may, without the authorization of the author or the owner, or payment of any remuneration, be required to carry out electronic reproduction of works in their collection for consultation free of charge and at the same time for a reasonable number of users, only in networks terminals of the respective institution and under conditions which ensure that electronic copies of such reproductions cannot be made. Article 71 L. Libraries and archives which are not for lucrative purposes may, without the need to be remunerated to the holder or obtain their authorization, carry out the translation of works originally written in foreign languages and legitimately acquired, When a period of three years from the first publication, or one year in the case of periodicals, has been completed, in Chile, the right holder has not published his translation into Spanish. The translation must be carried out for research or study by the users of these libraries or archives, and can only be reproduced in partial citations in the publications that result from these translations. Article 71 M. It is lawful, without remunerating or obtaining authorization from the author, to reproduce and translate for educational purposes, in the framework of formal education or authorized by the Ministry of Education, small fragments of works or of isolated works of a plastic, photographic or figurative character, excluding school texts and university manuals, where such acts are done solely for the purposes of illustration of educational activities, to the extent justified and non-profit, provided that the name of the author and the source is included, except in the case of the case that this is impossible. Article 71 N. It is not considered communication or public execution of the work, even in the case of phonograms, its use within the family nucleus, in educational establishments, charities, libraries, archives and museums, provided that the use is made for non-profit purposes. In such cases, no authorization from the author or owner or payment of any remuneration shall be required. Article 71 N. The following activities related to computer programs are permitted, without requiring the authorization of the author or holder or payment of any remuneration: (a) the adaptation or copying of a computer program carried out by its holder, provided that the adaptation or copy is essential for its use; or file or backup purposes and is not used for other purposes. The adaptations obtained in the form indicated may not be transferred under any title, without the prior authorization of the holder of the respective copyright; likewise, the copies obtained in the form indicated may not be transferred under no title, except that they are jointly with the computational program that served as the matrix. (b) Reverse engineering activities on a legally obtained copy of a computer program that are performed for the sole purpose of achieving operational compatibility between computer programs or for research purposes and development. The information thus obtained may not be used to produce or commercialize a similar computer program that violates this law or any other act that infringes the copyright. (c) the activities performed on a legally obtained copy of a computer program, for the sole purpose of testing, investigating or correcting its operation or the safety of the computer or other programs, the network or the computer on the which applies. The information derived from these activities may only be used for the purposes mentioned above. Article 71 O. The provisional reproduction of a work is lawful, without it being necessary to remunerate the holder or obtain his authorization. This provisional reproduction must be temporary or ancillary; it must form an integral and essential part of a technological process, and must have as its sole purpose the lawful transmission in a network between third parties by an intermediary, or the lawful use of a work or other protected subject, which does not have an independent economic significance. Article 71 P. It shall be lawful the satire or parody that constitutes an artistic contribution that differentiates it from the work to which it refers, to its interpretation or to the characterization of its interpreter. Article 71 Q. The incidental and exceptional use of a protected work for the purpose of criticism, commentary, caricature, teaching, academic interest or research is lawful, provided that such use does not constitute a covert exploitation of the protected work. The derogation provided for in this Article is not applicable to audiovisual works of a documentary nature. Article 71 R. The translation of works originally written in foreign languages and legitimately acquired, for the purpose of personal use, may not be required, without the authorization of the author or owner, or payment of any remuneration. Article 71 S. It may be, without requiring the authorization of the author or holder, or payment of any remuneration, to reproduce or to communicate to the public a work for the performance of judicial, administrative and legislative actions. (9) Add the following Article 72a: "Article 72 Bis.-The holder of a patrimonial right on a work may use, in the copy, the symbol" © " by placing it before the year of the first publication and in his name. In the case of phonograms, copies of phonograms or their wrappers may present a symbol '(p)' before the year of the first publication and the name of the producer. Natural or legal persons whose name is indicated in the manner set out in the above, shall be presumed to be holders of the respective rights. ' 10) Replace the present Chapter II of Title III, which became Title IV, by the following: " Chapter II of the Actions and Procedures Paragraph I Of the Infractions to the Provisions of this Law Article 78. Infringements of this law and its regulation not expressly referred to in Articles 79 and following shall be punished with a fine of 5 to 50 monthly tax units. Paragraph II of the Offences Against Intellectual Property Article 79. It commits a lack of or crime against intellectual property: a) The one who, without being expressly authorized to do so, uses works of foreign domain protected by this law, unpublished or published, in any of the forms or by any of the means laid down in Article 18. (b) which, without being expressly authorized to do so, uses the interpretations, productions and protected issues of the holders of the related rights, with any of the purposes or by any of the means set out in Title II. (c) The person who will falsify or adulterate an execution schedule. (d) The fact that it distorts data in the accounts referred to in Article 50. (e) The fact that, without authorization from the owner of the rights or the law, he or she will charge rights or grant licenses in respect of works or interpretations or executions or phonograms that will be protected. The above mentioned behaviors will be sanctioned as follows: 1. When the amount of the damage caused is less than the 4 monthly tax units, the penalty will be in prison in any of its degrees or fine of 5 to 100 tax units monthly. 2. Where the amount of the damage caused is equal to or greater than 4 monthly tax units and is less than 40 monthly tax units, the penalty shall be reduced to a minimum degree and a fine of 20 to 500 monthly tax units. 3. Where the amount of the injury is equal to or greater than 40 monthly tax units, the penalty shall be reduced to a minimum degree and a fine of 50 to 1,000 monthly tax units. Article 79a.-The one who falsifies work protected by this law, or the one who edit, reproduce or distribute falsely the name of the authorized editor, deleting or changing the name of the author or the title of the work, or altering maliciously his text, will be sanctioned with lesser imprisonment in his minimum degree and fine of 10 to 1,000 monthly tax units. Article 80. It commits a crime against intellectual property and will be punished with a penalty of 25 to 500 monthly tax units: a) The one that, knowingly, reproduces, distributes, makes available or communicates to the public a work belonging to the domain public or the common cultural heritage under a name other than that of the true author. (b) which is attributed or claimed to be property rights in respect of works of public domain or of the common cultural heritage. (c) The obligation to pay in respect of the execution or communication to the public of protected works shall omit the preparation of the corresponding execution plans. Article 81. He commits a crime against intellectual property and will be punished with a minimum degree of imprisonment and a fine of 50 to 800 monthly tax units, which he has to market, commercialize or rent directly to the public. works, interpretations or phonograms, whatever their support, reproduced in contravention of the provisions of this law. The person who, with a profit or profit, manufactures, amounts, interne the country, has or acquires for his commercial distribution the copies referred to in the preceding paragraph, shall be punished with the lesser imprisonment in his maximum degree and fine of 100 to 1,000 monthly tax units. Article 82. In the event of a repeat of the offences provided for in this law, the maximum penalties for each of them shall apply. In these cases, the fine may not be less than double the previous one, and your maximum amount may be reached at 2,000 monthly tax units. Article 83. In the case of the offences referred to in Article 81, the penalty shall be increased to a degree if the person responsible is part of a group or meeting of persons to commit such offences, without incurring the offences of unlawful association. In the case of Article 293 of the Penal Code, a fine of 100 to 1,000 monthly tax units will be applied and 50 to 500 monthly tax units in the case of Article 294 of the Penal Code. Article 84. It shall be the responsibility of the civil liability which, without the authorization of the rightholder or the law and, knowing or having to know which will induce, permit, facilitate or conceal an infringement of any of the copyright or related rights, perform any of the following behaviors: a) Delete or alter any information about rights management. (b) Distribute, amount for distribution, issue, communicate or make available copies of works or phonograms to the public, knowing that the information on rights management has been deleted or altered without authorization. c) Distribute or amount for distribution, information on rights management, knowing that information about rights management has been altered without authorization. If you do any of the conduct described in the preceding literals, you will be punished with a penalty of 25 to 150 monthly tax units. Article 85. For the purposes of the preceding article, it is understood that it is information on the management of rights: a) The information that identifies the work, the interpretation or execution or the phonogram; the author of the work, the artist performer, or the producer of the phonogram; or the holder of any right on the work, interpretation or execution or phonogram. (b) information on the terms and conditions of use of the works, interpretation or execution or phonogram. (c) any number or code representing such information, where any of these elements are attached to a copy of a work, interpretation or execution or phonogram or appear in connection with the communication or making available to the public of a work, interpretation or execution or phonogram. Article 85 A. The amount of the damages referred to in this Title or shall be determined on the basis of the legitimate value of sale to the detail of the protected objects. In the case of protected objects that do not have a legitimate sale value, the judge shall prudentially determine the amount of the damages for the purposes of applying the penalty. Paragraph III Of the Rules Applicable to Civil and Criminal Procedure Article 85 B. The holder of the rights recognized in this law shall, without prejudice to the other actions that correspond to it, actions to request: (a) The cessation of the illicit activity of the infringer. (b) compensation for the property and moral damage caused. c) The publication of an extract of the judgment, at the expense of the defendant, by means of an advertisement in a commercial circulation newspaper of the Region concerned, at the choice of the injured party. Article 85 C. The court, at the request of the injured party, shall order that the copies which have been the product of any offence or offence contained in this law shall be destroyed or removed from the trade. Such copies may be intended for charity by the court only when it is authorized by the rightholder. In this case, the court may decree the measures necessary to ensure that they do not re-enter the trade, ordering the marking of the specimens and decaying the prohibition to dispose of them by the beneficiary. Article 85 D. The court may order, in any state of the judgment, the following precautionary measures: (a) The immediate suspension of the sale, circulation, display, execution, representation or any other form of exploitation allegedly Offender. (b) the prohibition of the conclusion of acts and contracts on certain goods, including the prohibition of advertising or promoting the products or services of the alleged infringement. c) The retention of the allegedly illicit specimens. (d) the retention or abduction of the materials, machinery and implements which have been used for the production of allegedly illicit specimens, or of the allegedly infringing activity, where this is necessary to prevent future infringements. (e) the removal or removal of equipment which has been used in the unauthorised public communication, unless the alleged infringer ensures that he does not resume the infringing activity. (f) The appointment of one or more controllers. (g) the seizure of the product of the recitation, representation, reproduction or execution, up to the amount corresponding to the copyright established by the court. As not regulated by the preceding paragraph, the dictates of these measures shall be governed by the general rules contained in Title V of Book II of the Code of Civil Procedure. The measures provided for in this Article may be requested, without prejudice to the preliminary rulings of Titles IV and V of Book II of the Code of Civil Procedure, as a preliminary ruling, provided that they are accompanied by a background of (a) to provide reasonable evidence of the existence of the right to be claimed, the risk of an imminent infringement and sufficient caution, in accordance with Article 279 of the Code of Civil Procedure. Article 85 E. In determining the property damage, the court will consider, among other factors, the legitimate value of the sale to the detail of the goods on which the infringement falls. The court may also condemn the offender to pay the proceeds which he has obtained, which are attributable to the infringement and which have not been considered when calculating the damages. Irrespective of the existence of a property damage, for the purposes of determining the moral damage, the court will consider the circumstances of the infringement, the seriousness of the injury, the impairment produced to the reputation of the author and the the objective of the illicit dissemination of the work. Article 85 F. The court may order, at the request of a party and without prejudice to any rights which may be used by third parties, the seizure and delivery to the holder of the right of the product of the product recitation, representation, reproduction, execution or any other form of illicit exploitation. Article 85 G. There will be public action to denounce the crimes sanctioned in this law. Article 85 H. It is presumed, unless proof to the contrary, that the copyright and the related rights subsist on a work or phonogram, the date of which is less than seventy years. However, the provisions of the foregoing paragraph shall not apply with respect to those works and related matters that have passed to the public domain due to the expiration of the term of protection in accordance with this law or earlier laws. Paragraph IV Of the Special Rules Applicable to the Civil Procedure Article 85 I. In civil proceedings, the court may order the alleged offenders to this law, the supply of any information they hold with respect to the other persons involved in the infringement, as well as all the records relating to the production and distribution channels of the offending copies. The court will be able to apply fines of 1 to 20 monthly tax units to those who refuse to provide such information. Article 85 J. The judge of letters in civil law who, according to the general rules, knows of the judgments to which this law will take place, will do so briefly and summarily. Article 85 K. The holder of a right may request, once the respective infringement has been judicially established, that the compensation for the property and moral damage caused shall be replaced by a single compensatory sum which be determined by the court in relation to the seriousness of the infringement, not being able to be greater than 2,000 monthly tax units for infringement. " 11) Add in the current Title III, which became Title IV, the following Chapter III new, passing the present Chapter III to be Chapter IV. " Chapter III Limitation of Liability of the Internet Service Providers Article 85 L. Without prejudice to the applicable general rules on civil liability, in the case of those violations of the rights protected by this laws committed by third parties, which occur through systems or networks controlled or operated by natural or legal persons providing some of the services mentioned in the following Articles, the providers of such services shall not be required to indemnify the damage, in so far as they comply with the conditions laid down in the Articles to limit such liability, in accordance with the nature of the service provided. In such cases, service providers may only be the subject of the preliminary and judicial measures referred to in Article 85 R. Article 85 M. The providers of data transmission, routing or supply of connections shall not be held responsible for the data transmitted on condition that the provider: (a) does not modify or select the content of the transmission. For these purposes, the content, the technological manipulation of the material needed to facilitate the transmission over the network, such as the division of packages, shall not be considered to be modified; b) Do not initiate the transmission, and c) Do not select the The information is addressed. This limitation of liability includes the automatic storage or automatic and temporary copying of the transmitted data, technically necessary to execute the transmission, provided that this storage or automatic copy is not accessible to the general public and shall not be kept in storage for longer than is reasonably necessary to carry out the communication. Article 85 N. Service providers who temporarily store data by an automatic storage process shall not be held responsible for the data stored on condition that the provider: a) Respect the user access conditions and the rules regarding the updating of the stored material established by the supplier of the site of origin, unless such rules are used by the supplier to prevent or hinder unjustifiably the temporary storage referred to in this article; (b) Do not interfere with the compatible and standardized technology used at the source site for information on the online use of the stored material, when the use of such technologies is carried out in accordance with the law and is compatible with the standards of the (c) Do not modify its content in the transmission to other users, and (d) remove or disable the access to stored material which has been withdrawn or which has been disabled access on its website origin, when it receives a notification in accordance with the procedure laid down in Article 85 Q. Article 85 N. Service providers who at the request of a user store, by themselves or through third parties, data on their network or system, or who perform search, bind and, or reference to an online site using search tools information, including hyperlinks and directories, shall not be held responsible for the data stored or referred to as the provider: (a) has no effective knowledge of the illegal nature of the data; (b) does not receive an economic benefit directly attributable to the infringing activity, in cases where it has the right and the capacity to control such activity; publicly a representative to receive the judicial notifications referred to in the final subparagraph, in such a way as to determine the regulation, and (d) to issue or disable in an expeditious manner access to the stored material in accordance with the provisions in the following paragraph. The service provider shall be understood to have a knowledge If a competent court of justice, in accordance with the procedure laid down in Article 85 Q, has ordered the withdrawal of the data or the blocking of access to it and the service provider, it shall be legally notified of such data. resolution, does not comply with it in an expeditious manner. Article 85 Õ. In order to enjoy the limitations of liability set out in the preceding Articles, service providers must also: (a) establish general and public conditions under which the latter may make use of the faculty to terminate the contracts of the legally qualified content providers as repeat offenders of the rights protected by this law. (b) Not to interfere with the technological measures of protection and management of protected works rights which are widely recognised and used lawfully. c) Not having generated, or having selected the material or its recipients. It is the exception of this obligation to service providers of search, linking or reference to an online site by means of information search tools. Article 85 P. Service providers referred to in the preceding Articles shall not, for the purposes of this law, have the obligation to monitor the data transmitted, stored or referenced or the obligation to carry out active searches for facts or circumstances indicating illicit activities. The provisions of the foregoing paragraph shall be without prejudice to any activity which the ordinary courts of justice have established in order to investigate, detect and prosecute offences or practices constituting abusive exercise of the rights of the author or related persons recognized by this law. Article 85 Q. For infringements of the rights recognized by this law committed in or through networks or systems controlled or operated by or for service providers, the holder of the respective rights or their representative may to apply for a preliminary ruling or for a preliminary ruling referred to in Article 85 R. Where the measures are requested in the form of a preliminary ruling, and where there are serious grounds for doing so, the content provider may be declared without hearing; However, the applicant must be given prior notice, to the satisfaction of the court. This application shall be known by the judge of letters in the civil service of the service provider, without prejudice to the criminal actions which may be brought. For these purposes, the application, in addition to complying with the requirements of the 1st, 2nd and 3rd numbers of Article 254 of the Code of Civil Procedure, must clearly state: (a) The rights allegedly infringed, with precise indication of the ownership of these and the modality of the infringement; (b) the infringing material; and (c) the location of the infringing material on the networks or systems of the respective service provider. In accordance with the provisions of the foregoing paragraph, the court shall without delay decree the withdrawal or blocking of the infringing contents. Such a decision shall be notified by ceding to the respective service provider and by the daily status to the applicant. The content provider concerned may, without prejudice to other rights, require the court to order that the measure of restriction of access or withdrawal of material be left without effect. To do so, you must submit an application that meets the same requirements as in the second indent and must accompany any additional antecedent that is based on this request and will imply your express acceptance of the jurisdiction of the court. is aware of the matter. This procedure will be dealt with briefly and summarily, and the appeals will be granted in the only effective effect, enjoying preference for their knowledge and view by the high court. Article 85 R. In cases where the general requirements of Article 85 O and the requirements laid down in Article 85 M have been complied with, in respect of the functions of transmission, routing or supply, the court may only provide a preliminary ruling or judicial measure to take reasonable measures to block access to a certain infringing content which is clearly identified by the applicant and which does not involve blocking other legitimate content, according to the provided in the second indent of the preceding Article. In cases where the general requirements of Article 85 O and the special requirements laid down in Articles 85 N and 85 N have been complied with, in respect of the functions referred to in those Articles, the court may provide for the Preliminary or judicial measures: (a) the removal or disablement of access to the infringing material which is clearly identified by the applicant in accordance with the provisions of the second paragraph of Article 85 Q; (b) the termination of certain repeat offenders ' accounts; the service provider, who is clearly identified by the applicant in accordance with the second paragraph of Article 85 Q, and whose owner is using the system or network to carry out an activity infringing the copyright and related. All these measures will be dictated with due consideration of the relative burden for the service provider, for the users and for the subscribers, of the eventual damage to the owner of the copyright or related, of the technical feasibility and efficiency of the measure, and of the existence of other forms of less burdensome observance to ensure the respect of the right that is claimed. These measures shall be enacted after notification to the service provider in accordance with the third, fourth and fifth points of Article 85 Q, with the exception of the injunctions seeking to ensure the preservation of the evidence or in the case of other injunctions which are deemed to have no real effect on the operation of the system or network of the service provider. Article 85 S. The competent court, at the request of the rightholders who have initiated the procedure laid down in the preceding article, may order the supply of the information enabling the alleged infringer to be identified by the service provider. The processing of the data thus obtained shall be subject to the provisions of Law Nº 19,628 on the protection of private life. Article 85 T. Which, knowingly, provides false information concerning alleged violations of the rights recognized in this law, shall indemnify the damages caused to any interested party, if these damages are the result of actions that the network service provider will take this information on the basis of this information, and the provisions of Article 197 of the Criminal Code will apply to it. Article 85 U. Without prejudice to the foregoing provisions contained in this Chapter, Internet service providers shall communicate in writing to their users the notices of alleged infractions which they receive, provided that in the Communication that they receive meet the following requirements: (a) Receive in electronic form or otherwise written form the holder of the rights or of his representative, notice of the alleged infringement; (b) The holder of the rights or his representative must have domicile or residence in Chile and, if necessary, count with sufficient power to be placed on trial, on behalf of the holder; (c) the rights allegedly infringed, with a precise indication of their ownership and the manner of the infringement; (d) the material shall be identified the infringer and its location in the networks or systems of the service provider to whom the communication, through the URL or its equivalents, and (e) Contain data to enable the service provider to identify the supplier user of the alleged infringing material. Internet service providers, once a communication has been received in accordance with the previous paragraph, will inform the user allegedly infringing this situation by accompanying the background provided by the right holder or his/her. (12) Add in Article 88 the following second indent: " However, by resolution of the holder, any of the following may be released: such works, in order to form part of the common cultural heritage. This derogation shall not apply to works carried out in the context of the activities of public undertakings or in which the State has a holding, where the work has a strategic meaning for its purposes or where the law establishing it and (13) Add in the second indent of Article 92, between the words "that" and "the remainders", the following sentence: "up to 10% of the proceeds and". 14) The fourth, fifth and sixth points of Article 100 should be replaced by the following: " Management entities may differentiate general rates according to user category, and alternative tariff plans or tariffs may also be fixed. special means by the conclusion of contracts with user associations, to which any user may choose to be placed within the same category. The rates agreed in accordance with this provision must be published in the Official Journal. The fees for users with an obligation to make plans, in accordance with the law or their respective licensing contracts, must be structured in such a way that the application of these charges is related to the use of the works, interpretations or phonograms of holders represented by the respective collective management organisation. The lack of preparation of the planilla or its incomplete or false confection shall not give the right to the application of the provisions of the foregoing paragraph. Unless otherwise agreed, they shall be required to draw up (a) to provide for the implementation of the rules of the European Union for the purposes of Article 1 (1) of Regulation (EU) No. Other users shall be exempt from the obligation to make execution plans. The provisions of this Article shall not govern the management of literary, dramatic, drama-musical, choreographic or pantomimical works, as well as those uses referred to in the second paragraph of Article 21, unless the respective entity performs collective management of the rights of these works. "15) Add the following Articles 100a and 100b, new:" Article 100a.-Notwithstanding the provisions of the third indent of the previous Article, the associations with legal personality that represent users of copyright or (a) the parties, who have not reached an agreement with a collective management entity on the amount of the fee, will have to submit the dispute to mediation, which will be binding on both parties. Mediation will be a non-adversarial procedure and will aim to provide that, through direct communication between the parties and with the intervention of a mediator, they will reach an out-of-court settlement of the dispute. The mediators must register in a Public Registry of Mediators and Arbitration for Intellectual Property, which will be carried out by the National Council of Culture and the Arts. The mediators and arbitrators referred to in the following Article shall have a professional title, with at least five years of professional practice and with qualified experience in the field of intellectual property or in the area of activity economic. The registration procedures in the Register, the form and characteristics of the Registry, and the fees which mediators and arbitrators must receive will be determined by a given regulation, within six months of the publication of the In the Official Journal, the Ministry of Education and the Minister of Economy, Development and Tourism also signed the law. The publication of the notice referred to in the fourth paragraph of this article shall be released by the party challenging the tariff. The mediator shall be appointed by common agreement by the parties, and in the absence of agreement, the appointment shall be made by the judge of letters in the civil of the address of the respective management entity, at the request of the association of users or of the management entity, among those registered in the Public Registry of Mediators and Referees of Intellectual Property, subject to the procedure for the designation of experts established in the Code of Civil Procedure. The designation made by the court shall not be subject to any appeal. In order to carry out this designation, the judge must verify, by means of the records provided by the parties, that it is not a valid rate determined conventionally or by an enforceable arbitral sentence, given within three years prior to the date of filing and that the matter at issue is not subject to mediation or arbitration, nor has it been submitted to mediation or arbitration in the same period. If any of these circumstances were to be verified, the judge shall reject the request for mediation. Once the mediator has been appointed, the judge will order to bring to the attention of the interested parties, through the publication of a notice in a national circulation journal, the circumstance of being subjected to mediation a certain rate, so that these be part of the mediation, in accordance with the provisions of the second paragraph of Article 21 of the Code of Civil Procedure. The mediation process shall not last more than 60 days, counted from the publication of the notice referred to in the previous paragraph. However, the parties, by common agreement, will be able to request the extension of this deadline. During the procedure the mediator may cite all the hearings necessary for the purpose of the mediation. Within 10 days of notification of the appointment of the mediator, the parties shall submit their substantiated proposals for the tariff and the uses in respect of which it applies, as well as the background to which they are based. Without prejudice to the above, in the course of mediation, the parties may submit new tariff proposals. In the event that a party does not appear, does not make a well-founded proposal for a fee, or is a party to mediation, the proposed tariff by the other party will be accepted by the sole ministry of the law and will have the value of the sentence executed. The mediator shall record the above circumstances in the minutes. In the event of agreement on all or some of the points submitted to mediation, a mediation act will be put on record, which, after being read by the participants, will be signed by them and by the mediator, being copied each of the parties and the mediator. Such minutes will have an executed statement value. The rate adopted under this procedure, as well as that determined in accordance with the preceding subparagraph, may not be amended by the respective management entity or subject to a new mediation within three years from the date of the date of the date of the entry into force of the of the act of mediation. If, within the original or extended period of time, no agreement is reached, the procedure shall be deemed to have failed and a record shall be drawn up, to be signed by both parties. If you do not want or cannot sign, you will be aware of the mediator, who will act as minister of faith. After this, the parties may submit to the arbitration that regulates the following article. Article 100 ter.-In case the mediation fails in whole or in part, the or the controversial matters shall be submitted to arbitration, at the request of either party. To this end, any of the parties may attend within thirty days, counted from the date of the act referred to in the final paragraph of the previous article, to the judge of letters in the civil of the address of the respective management entity, accompanying the minutes of the prior mediation, for the purpose of initiating the procedure for the appointment of the arbitral tribunal. After the period laid down in the preceding paragraph, the contested tariffs may not be subject to a new mediation process but after the end of three years from the date of the respective mediation act. The arbitral tribunal shall be composed of three arbitrators, governed by Articles 222 and following of the Organic Code of Courts, one appointed by the association of users, the other by the management body and a third party agreement by the parties and, in the absence of agreement or in the absence of appointment by one of the parties, the or the designations shall be made by the judge of letters in the civil of the address of the respective management entity and shall be subject to the procedure for the designation of experts established in the Code of Civil Procedure, without the parties being able to oppose the designation. The arbitrators must be previously registered in the Register of Mediators and Referees of Intellectual Property. The court must set a date for the hearing of the parties, determine the mechanism of notification which it shall use in order to bring to the attention of the parties the decisions or decisions it adopts and its rules and procedures, case, the hearing of the parties, the mechanisms for receiving the evidence and background that they provide and the way in which the applications will be made. The parties shall, at the hearing set for the purpose, provide in respect of closed their respective proposed final tariff proposals and the uses in respect of which they apply, together with the evidence and background to which they are based. The unjustified inappearance of one of the parties shall have the effect of accepting the proposal of the counterparty, in which case the court shall give judgment within ten days. For these purposes, the relevant party must accompany, within a third day, a history which, in the court's judgment, warrants his appearance. In order to resolve the arbitration, the category of the user, the pecuniary benefit obtained by the users of that category in the exploitation of the repertoire or register of the entity, the importance of the repertoire, must be considered. in the development of the activity of the users of that category, and the previous rates agreed by the parties or resolved in a previous process. In the course of the proceedings the court may call the parties to conciliation. The parties will also be able to reach an agreement, which will be terminated by the single filing of the tariff agreement reached. In the latter case, that convention will have the executed statement value. The court, in passing judgment, must be limited to opting exclusively for one of the proposals of the parties delivered in the closed. The judgment of the court will have the value of the sentence executed and will constitute an alternative tariff plan, being able to benefit from these special rates any user who so requests. For these purposes, the collective management organisation shall make the award or, where appropriate, the agreement available to the public. The court will also send a copy to the Council of Culture and the Arts, which will carry a public record of the awards and agreements. The tariff adopted under this procedure may not be amended by the respective management entity, nor subject to any new mediation or to a new arbitration, within three years. The court must make its ruling within sixty days from its constitution. An appeal may be brought against the arbitral judgment only in the form, in accordance with the provisions of the Article 239 of the Organic Code of Courts, and the complaint, in accordance with Articles 545 et seq. of the same Code. The amendment, clarification or amendment shall also be used with the sole effect of specifying the conditions necessary for a better application of the tariff chosen by the court, without altering the substantive conditions of the itself. Such appeal may be brought within a period of 15 days from the date of notification of the judgment. The costs of the proceedings shall be settled by that party whose proposal for tariffs shall be rejected by the court. During the arbitration process, users may use the repertoire or register of the collective management company whose rates were controversial, paying the fees they had been paying before the arbitration and if not (a) the following shall be the same as those corresponding to that fixed by the management entity in accordance with the law. The difference between the fee paid and the final fee will give rise to reliquidations that will be determined in the arbitral judgment. " Article 2.-Introduces the following amendments to Law No 19.227, which creates the National Fund for the Promotion of the Book and Reading: (a) In Article 11, replace the current second and third points, by the following second indent: 'It shall also be punishable in accordance with the penalties laid down in Article 79 of Law No 17.336 to which it uses misleading or fraudulent procedures to unduly access the benefits conferred by this law.' (b) Rule 12 °. Transitional articles Article 1.-With regard to management companies which have not published their rates in the Official Journal and the collective management entities covered by law No 20.243, in respect of management companies The provisions of Articles 100a and 100b shall apply to them, but after three years after the publication of this law in the Official Journal. Article 2.-Facultate the President of the Republic so that by means of a decree with force of law dictated within one year, counted since the publication of this law, set a new text recast, coordinated and systematized of the law N ° 17.336. ' Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 23 April 2010.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Joaquin Lavin Infante, Minister of Education.-Juan Andrés Fontaine Talavera, Minister of Economy, Development and Tourism.-Felipe Bulnes Serrano, Minister of Justice.- Felipe Morande Lavin Constitutional Court Bill amending Law No 17.336 on Intellectual Property (Bulletin 5012-03) The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the the draft text, approved by the National Congress, in order to make it Court, exercised the control of constitutionality with respect to the rules governing matters of the constitutional organic law that it contains, and that by judgment of March 30, 2010 in the cars Role Nº 1.603-10-CPR, It is resolved: 1. That the Court does not issue a statement in respect of the second-to-fifth points of Article 85 Q, contained in No 11); of the first, second and fourth to tenth of Article 100a, or of the second and fourth subparagraphs to Article 100 ter, contained in number 15), all of the article 1 of the draft law referred to, as it is not its own constitutional organic law. 2. That the first indent of Article 85 Q, contained in number 11); the third indent of Article 100a, and the first and third points of Article 100b, contained in number 15), all of Article 1 of the draft law referred to; constitutional. Santiago, March 30, 2010.-Marta de la Fuente Olguin, Secretaría.