Modifies Law No. 19.039, Industrial Property

Original Language Title: MODIFICA LA LEY Nº 19.039, DE PROPIEDAD INDUSTRIAL

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"Sole article.-modify the law Nº19.039, of |! |" Industrial property, in the following terms: 1. Add the following final subparagraph in its |! | Article 5: "in proceedings that there is controversy, in |! |" which the Department of Industrial Property Act |! | as the Court of first instance, must appear |! | sponsored by Attorney enabled, according to thing |! | arranged by law N ° 18.120. "."

2 insert the following article 10 bis, |! | new, then article 10: "article 10 bis.-in case of receiving is cause to |! |" test, the documentation accompanying it shall be |! | filed in Spanish language, or translated properly if |! | the Department thus requires it.

Referred the parties to hear sentence, not be |! | used written or tests of any kind, except |! | those relating to transfers of application, |! | avenimientos, withdrawal or limitation of the |! | request. "."

3. replace article 13, by the following: ' article 13.-all notices that say |! | " related to the procedure of granting of a |! | law of industrial property, oppositions, nullity and, |! | in general, any matter that is before the |! | Department, shall be made by the State daily |! | the latter must make. Daily State |! | It may consist of one or more lists. Means |! | notified of any resolution which appears on such |! | listings.

Notice of opposition to the application of |! | registration shall be made by registered letter issued to the |! | address indicated by the applicant on the record.
In these cases, the notification shall effected |! | three days after the letter is deposited in the |! | mail and will consist of sending unabridged copy of the |! | opposition and its supplied. When, in addition to the opposition, |! | have been rendered background observations to the |! | application for registration, such resolution shall be notified |! | also by letter certified, together with the |! | notice of opposition.

The notification of the request for an annulment of a |! | registry shall be made in the terms indicated in the |! | articles 40 et seq. of the code of procedure |! | Civil, to which foreign applicants shall |! | fixed a domicile in Chile. The request for an annulment of a |! | registration granted to a person without residence or |! | residence in Chile shall be notified to the agent or |! | representative referred to in article 2 of this |! | law.

All orders and resolutions handed down |! | in the contentious proceedings followed before the head of the |! | Department will be subscribed by it and the Secretary |! | Lawyer in the Department.

Notifications that perform the Court of |! | Industrial property shall be made by the State daily, |! | that the Secretary should make it.

The date and form that is practiced the |! | notification, must be entered in the record. "."

4. Add the following subsection final, new, to its |! | Article 17 bis b: "all in all, it was not necessary to appear before the |! |" Court of Industrial property to continue resource |! | appeal. "."

5. Insert the following new paragraph to |! | continuation of article 18 bis F: "Paragraph 5 of the procedure of registration" 6.-Insert, below the heading of the |! | Paragraph 5, the following articles 18 bis G 18 bis |! | Or, new: "article 18 bis G.-any interested person |! |" You can request the nullity of a registration of right of |! | industrial property.

The request for an annulment must contain, at least, |! | the following background information.

(a) name, address and profession of the applicant.

(b) name, address and profession of the respondent.

(c) number and date of registration whose invalidity is |! | requests, and identification of the respective right.

(d) reasons of fact and law which are |! | based the demand.

Article 18 bis H.-in the case of patents of |! | invention and utility models, the nullity may be |! | requested with respect to any registration or of one or more |! | of their claims.

Article 18 bis i.-demand will be transfer |! | the owner of the industrial property right or your |! | Representative for sixty days if it's patent of |! | invention, utility, drawings or designs model |! | industrial, layout-designs or topographies of |! | integrated circuits and geographical indications and |! | designations of origin. In the case of marks |! | commercial, such transfer shall be thirty days.

Article 18 bis J.-with the reply of the |! | claim of invalidity of a patent, model |! | utility or industrial design, drawing, outline of |! | layout or topography of integrated circuit, indication |! | geographical or denomination of origin, or in default of the |! | sued, to sort a report by one or more experts |! | with respect to the foundations in fact contained in the |! | demand and your reply. The expert shall be appointed of |! | common agreement by the parties under a subpoena or by |! | the head of the Department if there is no agreement or the |! | subpoena is not held for any reason.

However, the party who feels aggrieved by the |! | evacuated by the expert report may request a second |! | report, case in which shall be in the form |! | prescribed in this article.

The head of the Department may at any time |! | listen to the experts who issued the report to the |! | When requesting registration, as antecedent |! | to better solve.

Article 18 bis K-an expert appointed by the head |! | Department, the parties may delete it, inside |! | the five days following the resolution that thing |! | means, exclusively for one or more of the following |! | (causales: a) by having publicly expressed an opinion about |! | the matter.

(b) by a relationship of kinship, friendship, or enmity |! | States with one of the parties.

(c) due to lack of fitness or competition regarding |! | matter submitted for its consideration.

(d)) have provided professional services, |! | dependent or independent, to any party, |! | in the last five years or have taken an |! | economic or business relationship with one of them, |! | during the same period of time.

The writing you strike an expert will be transfer |! | to the other party for twenty days and with their response or |! | his rebelliousness, the head of the Department will resolve the |! | issue without any further formality.

The expert report will be placed on knowledge of |! | the parties, who must make their comments |! | within a period of sixty days.

If there is a substantial, relevant facts and |! | controversial, the head of the Department will open a |! | term of forty-five days, extendable test |! | only once for another 45 days in cases |! | duly qualified.

With the parties and report |! | expert, the head of the Department will decide on |! | the requested annulment.

Article 18 bis L.-in the case of marks |! | commercial, after the deadline of transfer |! | demand and if there are substantial facts, |! | relevant and controversial, the head of Department |! | It will open a term of thirty day trial, |! | extendable for another 30 days in cases duly |! | qualified by the same Commander.

Article 18 bis m.-are applicable to the procedure |! | annulment of the rules contained in articles 10 |! | bis, 12 and 16 of this Act.

Article 18 bis N-registration in any case declared |! | null be as worthless since its date of |! | entry into force.
The sentence which accept the registration, all |! | or part, score regardless of the respective |! | inscription.

Article 18 bis or.-the procedure referred to in |! | This paragraph shall apply to the other processes of |! | competence of the head of the Department, according to thing |! | provisions of article 17 of this law. "."

7 Add in the first paragraph of article 19 |! | "the word"sounds", then the sentence, |! |" combinations of colors".

8 insert the following article 19 bis, |! | new, your current articles 19 and 19 bis to.

"Article 19 bis.-in the case that prompted the |! |" registration of a mark in favour of two or more owners, |! | These, acting together, can request that be |! | also register regulations for use and control of the |! | same, it will be compulsory for holders e |! | unenforceable for third parties. In this case, the comuneros |! | they may waive the right to request the partition of the |! | community for a specified period or indefinitely.

The Department may object to the registration of the |! | Regulation, in the event that illegal provisions |! | or to induce to error or confusion to the public |! | consumer.

The regulations for use and control must be filed |! | along with the application and will be resolved |! | jointly. The Department may make |! | observations, even before of the decision |! | short, which must be corrected within a time |! | up to sixty days.

Failure to comply with any of the |! | residents of the rules laid down in the regulation of |! | use and control, will give action to any others |! | community members to request the forced compliance and/or the |! | compensation for damages in accordance with the rules of the |! | Title X of this law.

Same procedure and effects can register |! | a brand to be used collectively, with the |! | order to guarantee the nature or quality of |! | certain products or services. In this case, the |! | brand may not be ceded to third persons. "."

(9.-Reempláza_se la letra j) of article 20, by |! | the following:
"(j) which can induce to error or confusion in |! |" the consuming public, with respect to the origin or |! | attributes of the product that is intended to distinguish in Chile |! | a geographical indication or designation of origin. "."

10 insert, in title III, before its |! | Article 31, the following heading: "paragraph i. of the |! |" Inventions in general".

11 its article 42, replaced by the following: ' article 42.-will not be considered for the purpose |! | " determine the novelty of the invention nor the level |! | inventive, in disclosures of the |! | twelve months prior to the filing of the application, |! | (si la divulgación pública: a) was made, authorized or derived from the applicant |! | (de la patente, o b) has been made with reason or drift of abuses and |! | unfair practices which has been lodged the |! | applicant or its originator. "."

12 incorporated into the first paragraph of his article |! | "49"commercial"Word, then word |! |" exploitation"; and add the following final paragraph: "the invention patent does not confer the right of |! |" prevent third import, they exported, making or |! | produce matter protected by a patent with the |! | to obtain registration or sanitary authorization |! | of a pharmaceutical product. The foregoing not empowered to |! | These products are marketed without |! | authorization of the owner of the patent. "."

13 Agreganse, then in its article 53, |! | articles 53 Bis 1 Bis 5 53, new, preceded |! | of the following epigraph: "paragraph II. Protection |! | Supplementary".

"Article 53 Bis 1-within six months of |! |" granted a patent, the proprietor shall be entitled to |! | require a term of supplementary protection, always |! | that would have been unjustified administrative delay |! | with the grant of the patent and the term in the |! | grant would have been more than five years, counted |! | from the date of filing of the application or three |! | years from the exam requirement, |! | any of them that is later. Protection |! | supplementary will be extended only for the period |! | credited as undue administrative delay.

Article 53 Bis 2-within six months of |! | granted a registration of a product |! | pharmaceutical, protected by a patent, the proprietor |! | you have the right to require a term of protection |! | Supplementary to that part of the patent which |! | It contains the pharmaceutical product, provided that you have |! | existed unjustified delay in the granting of the |! | designated registry. They may require this protection |! | further, those holders whose authorization or |! | registration has been granted after one year |! | counted from the date of filing of the application.
The supplementary protection shall extend only for the |! | credited as undue delay by part period |! | of the administrative body responsible for resolving this |! | registration.

Article 53 Bis 3.-do not constitute delays |! | unjustified, those that affect applications |! | (de patentes o las de registro sanitario atribuibles a: a) the opposition or any resource or action of |! | court order;

(b) waiting for reports or proceedings of |! | agencies or national and international agencies |! | required for the application for registration of the patent), and (c) acts or omissions of the applicant.

Article 53 Bis 4.-the application protection |! | Supplementary will be filed in the Court of |! | Industrial property, who shall decide on the |! | existence of undue delay and the extension of |! | in single instance in accordance to the |! | procedure laid down for appeal.
The resolution that declares it so, will have as the only |! | the extension of the period of protection and no effect will give |! | rise to liability of any kind.

Prior to the hearing, the Court will order |! | officiate the respective agency, to issue its |! | opinion within the period of sixty days.

Article 53 Bis 5.-the term of protection |! | supplementary should be listed regardless of registration |! | respective, prior payment of a fee of 1 UTM by each |! | year or fraction of a year of additional protection. Payment |! | can only be made within six months than |! | preceding the expiration of the original period of validity |! | patent, without which, will be protection |! | established in this title. "."

(14-Reempláza_se la letra e) in its article 91, by |! | the following: "e) the application for registration or authorization |! |" health of the agricultural chemical or pharmaceutical product |! | that is presented in Chile after twelve |! | months of first registration or authorization |! | Health abroad. "."

15 be replaced its article 95, by the following: ' article 95.-may not be recognized as |! | " geographical indications or appellations of origin the |! | (signos o expresiones: a) that do not conform to the definitions |! | contained in article 92 of this law.

(b) that are contrary to morality or order |! | public.

(c) that can induce to error or confusion in the |! | consumers, with respect to the origin of the |! | Geographical indication or appellation of origin or of the |! | product attributes that are intended to distinguish.

(d) that are common or generic indications for |! | distinguish the product concerned, being understood |! | therefore considered as such by connoisseurs |! | of the matter or by the general public, unless |! | they have been recognized as geographical indications or |! | Designations of origin Treaty |! | International ratified by Chile. "."

16.-Insert the following article 96 bis, |! | new, then its article 96: "article 96 bis A.-when by application of the |! |" rules laid down in this law or treaties |! | International ratified by Chile, Department |! | come to the conviction that it is possible the coexistence |! | between marks and geographical indications or appellations |! | of origin, or of the latter, the resolution |! | final will determine the conditions in which |! | should be used as geographical indications, |! | Designations of origin or trademark, to avoid the |! | induction to error or confusion to the consumer public.
When one or more of the products in question have |! | character agroforestry or agribusiness, the |! | Department, to form his conviction about the |! | possibility of coexistence, shall request the report |! | the Ministry of agriculture.

In any case, the conditions of use comprise |! | the respective registry.

Breach of the terms of use, deprives |! | to the owner of the faculty to enforce actions |! | established in this law. ".".