Modifies Law No. 19.039, On Industrial Property

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

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"Sole article.-Introducense the following |! |" (modificaciones en la ley Nº19.039: 1) replace the name of this law and of the |! | "Titles I, III and VI for"Industrial property law", |! |" Preliminary provisions","Of the inventions"and" De |! | " Service inventions", respectively.

2) merge the following paragraph, to |! | continuation of the title I: "The scope of paragraph 1".

(3) replace the article 1st, by the following: "article 1-rules relating to the |! |" existence, scope and exercise of the rights of |! | industrial property, shall be governed by this law. |!| The rights include trademarks, patents of |! | invention, utility model, the drawings and |! | industrial designs, layout-designs or |! | topographies of integrated circuits, indications |! | geographical designations of origin and other titles |! | protection that the law could be established.
In addition, this law criminalizes behaviour |! | considered unfair in the field of the protection of |! | undisclosed information. "."

(4) add the following new second subsection to the |! | Article 2: "the rights of industrial property in |! |" accordance with the law are the subject of registration, |! | they will acquire full force from their registration, without |! | prejudice which correspond to the applicant and |! | other rights provided for in this Act. "."

(5) replace the article 3rd, by the following: ' article 3.-the processing of applications, |! | " the granting of titles and other services |! | matter relating to industrial property to the |! | Department of Industrial property, hereinafter the |! | Department, which depends on the Ministry of economy, |! | Building and reconstruction.
Applications may be submitted personally or |! | by proxy.
This law ensures that protection |! | conferred by that industrial property rights |! | Here are regulated, it shall be granted while safeguarding and |! | respecting both the biological and genetic heritage as |! | National traditional knowledge. The |! | granting of industrial property rights |! | constitute copyrightable elements, which have been |! | developed from the material obtained from such |! | heritage or such knowledge shall be subject |! | that this material has been acquired in accordance |! | with the law in force. "."

(6) add the following paragraph in the title |! | I, before the article 4: "paragraph 2 of the general procedures of opposition and |! |" registration".

(7) replace the article 4th, by the following: "article 4.-submitted and accepted to processing |! |" an application for registration, shall be compulsory the |! | publication of a summary of it in the official journal, |! | in the form and time limits to be determined by the regulations. The |! | errors of publication that in the opinion of the Chief of the |! | Department are not substantial, can be corrected |! | by a judgment given in the file |! | respective. In case of substantial errors, the head of the |! | Department will order a new publication, which should |! | be made within the period of ten days from |! | the date of the resolution as well order it. "."

(8) replace article 5th, by the following: "article 5.-anyone interested can formulate |! |" before the Department opposing the trademark application, |! | invention, utility model patent, drawing and |! | industrial design, layout or topography diagrams of |! | integrated circuits and geographical indications and |! | designations of origin. The opposition must |! | filed within the term of 30 days counted from the |! | date of publication of the respective summary.
The period referred to in the foregoing paragraph shall be 45 |! | days in the case of applications for patents of invention, |! | utility models, drawings and industrial designs, |! | layout-designs or topographies de circuits |! | integrated e geographical indications and designations |! | origin. "."

(9) replace article 6 th, by the following: "article 6.-the designated time periods in the |! |" previous article, the head of the Department will order the |! | practice of an expert report regarding the |! | applications for patents for inventions, models of |! | utility, drawings and industrial designs and schematics of |! | path or topographies of integrated circuits, with the |! | objective to verify if they meet the requirements |! | laid down in articles 32, 56, 62 and 75 of this |! | law, as appropriate. "."

(10) replace article 7 th, by the following: ' article 7.-ordered the expert report, this |! | " It must be drained within the period of 60 days, counted |! | Since the acceptance of the cargo. This term may be |! | extended for another 60 days, in those cases in |! | which, in the opinion of the head of the Department, thus is |! | required.
The report of the expert will be placed on knowledge |! | of the parties, which will have 60 days, |! | from the notification, to formulate observations |! | that you deem appropriate. This period may be extended |! | only once during the procedure, request |! | of the person concerned, up to 60 days. Comments |! | the parties will be transfer to the expert, in a |! | within 60 days, to respond to these remarks. "."

(11) replace article 8 th, by the following: ' article 8.-the forensic examination decreed, |! | " applicant must demonstrate, within 60 days |! | following the payment of the relevant fee. In case |! | not to make the payment within this period, the |! | application shall be deemed abandoned. In cases |! | qualified, at the request of the expert, the head of the |! | Department shall set a specific amount to cover the |! | useful and necessary expenses for its performance, figure that |! | You must pay the applicant within 30 days |! | following. This cost will be dependent on the claimant of |! | invention, utility model patent, drawing or |! | industrial design, layout or topography diagrams of |! | integrated circuits or of the applicant for invalidity of |! | These rights. "."

(12) replace article 9 th, by the following: "article 9.-on procedures which are |! |" He had deduced opposition, will be given to the applicant |! | transfer it, to make their rights by |! | within 30 days, in the case of trademarks, and the |! | within 45 days, in the case of patents of invention, |! | utility models, drawings and industrial designs, |! | layout-designs or topographies de circuits |! | integrated e geographical indications and designations |! | origin. "."

(13) replace article 10 by the following: ' article 10.-If substantial facts, |! | " relevant and controversial, will receive the cause to |! | test for a period of 45 days, except for the case |! | brands, in which case the period shall be 30 days.
The probationary term may be extended up to by |! | 30 days in certain cases. "."

(14) replace article 11, with the following: "article 11-days established deadlines in |! |" This law and its regulations, are fatal and |! | working days. For these purposes, the Sabbath day is |! | considered unqualified. "."

(15) replaced article 14 with the following: ' article 14.-the rights of industrial property |! | " they are transmissible by cause of death and may be |! | object of any kind of legal acts, which should be |! | consist, at least, by private instrument signed before |! | notary and must be entered in the summary to the margin of the record |! | respective.
In the case of transfers of requests of |! | registration of industrial property rights in |! | formality, just a private instrument signed before |! | notary, which shall be recorded in the file |! | respective. In any case, the trade marks are |! | indivisible and not transferable partial and |! | separately any elements or features |! | of the distinctive sign protected by the title. On the other hand, |! | a protected trademark can be partially transferred in a |! | Register, covering one or more of coverage for the |! | that is registered and not related, |! | While the rest of the registration as a property of its |! | holder.
In the case of geographical indications and |! | designations of origin, will be established by |! | Article 92 of this law. "."

(16) replace article 16, by the following: "article 16.-in procedures to be |! |" regarding this paragraph, proof will be appreciated according to the |! | rules of healthy criticism. "."

(17) replaced article 17, with the following: "article 17.-the trials of opposition, the de |! |" annulment of registration or transfer, the de |! | expiration, as well as any claim relating to your |! | validity or effects, or to the rights of property |! | industry in general, will be examined before the head of the |! | Department, according to the formalities which are |! | set out in this law.
The ruling handed down by will be founded and, in its way, |! | You must comply with the provisions of article 170 of the |! | Code of Civil procedure, in which are |! | relevant. "."

(18) Intercalanse, then of article 17, |! | the following new items:
"Article 17 bis.-within fifteen days |! |" from the date of its notification, both in the first as |! | in the second instance, may correct, ex officio or |! | request of a party, resolutions relapses in |! | procedures in which opposition that has mediated |! | contain or merge into manifest error in fact. |!| In the case of resolutions relapses recovery procedures in |! | which has not mediated opposition, these may be |! | corrected the same way, until after the |! | deadline for appeal of the resolution than |! | It puts an end to the registration procedure.

Article 17 bis B-against the resolutions |! | handed down in first instance by the head of the |! | Department, whether or not mediated opposition, shall the |! | appeal. You must stand in the term of |! | fifteen days, counted from notification of the |! | resolution, to be known by the Court de |! | Industrial property.
Appeal shall be granted in both |! | effects and will proceed against the resolutions than |! | having the character of final or interlocutory.
Against the final judgements of second |! | instance shall the appeal in cassation in the background, |! | before the Supreme Court.
Resources may be heard and processed of |! | agreement with the provisions |! | relevant organic code of courts and the |! | Code of Civil procedure. "."

19) Insert the following new paragraph to |! | continuation of article 17 bis B: "Paragraph 3 of the Court of industrial property".

(20) Intercalanse, then of the heading of the |! | Paragraph 3, the following new items: article 17 bis C.-the Court of property |! | Industrial, on the Court, is a body |! | judicial special and independent, subject to the |! | directive, correctional and economical Superintendence of |! | the Supreme Court, whose seat is in the town of |! | Santiago.
The Tribunal shall consist of six members |! | members and four alternates. Each of its members |! | He shall be appointed by the President of the Republic, |! | by Supreme Decree of the Ministry of economy, |! | Building and rebuilding, among a slate of proposed three |! | the Supreme Court made previous contest |! | public background. The contest shall be based |! | in conditions objective, public, transparent and not |! | discriminatory, established by an agreed order |! | of the Supreme Court.
The members of the Tribunal must prove to be |! | the lawyer for a minimum degree |! | 5-year-old. In the selection of four of the members |! | holders and two deputies, shall require |! | expertise in industrial property.

Article 17 bis D.-the Court will operate |! | ordinarily in two rooms and extraordinarily, in |! | 3. Each room must be integrated, at least by |! | two members. For the resolution of the causes |! | subject to its knowledge, each room must operate, |! | at least three days a week.
The quorum for convening in room will be three |! | members.
The resolutions shall be adopted by a simple majority, |! | being resolved the vote of who chair, in the event of a tie. |!| Otherwise, will follow the standards contained in the |! | Organic Code of courts.
In complex cases, the Court may order |! | expert report, determining who should assume the |! | cost of the same, without prejudice to what ultimately |! | be resolved in terms of costs. In the Affairs of that |! | Learn about the Court, except those relating to marks |! | commercial, if requested by any of the parties, the |! | Court shall order the report of one or more experts, |! | case in which they will participate in their |! | deliberations, with the right to speak.
The President of the Tribunal, as also the de |! | each room, will be elected by their respective members |! | holders.

Article 17 bis E-monthly remuneration of the |! | members of the Court shall be the sum of fifty |! | monthly tax units, for members |! | holders, and twenty monthly tax units, |! | for surrogates.
Each Member of the Court shall receive, in addition, the |! | sum of 0.4 monthly tax units for each |! | subject to their knowledge determined cause. In any case, |! | the total amount that each Member can be perceived |! | may not exceed monthly for this concept of |! | 50 monthly tax units.

Article 17 bis F.-the members of the Tribunal |! | they will be subject to the grounds of implication and |! | withdrawal laid down in articles 195 and 196 of the |! | Organic Code of courts.
It will be, in addition, causal implication for the |! | respective Member of the Court which, in the case that |! | take your knowledge, your spouse has an interest or |! | their relatives up to the third degree of consanguinity or |! | second of affinity; or persons who are linked to him |! | by ties of adoption, or companies in which these |! | same people be their legal representatives, |! | Presidents, directors, managers or perform other |! | positions, or have directly, or through |! | other natural or legal persons, a percentage of |! | the society that allows them to participate in the |! | administration of the same, or choose or do choose one |! | or more of its managers.
The grounds invoked may be accepted by the |! | affected Member. Otherwise, it will be failed from |! | level by the Court, with the exception of that one. Is |! | fine will apply to tax benefit of up to twenty |! | monthly tax units to the part that any |! | deducted, if the implication or recusal were |! | ignored by unanimity.
If by any impediment, the Court not |! | I had a quorum to function in at least one room, are |! | proceed to the subrogation by Ministers of the Court de |! | Appeals of Santiago, according to the provisions in the |! | Organic Code of courts.
The members of the Court shall apply them the |! | rules laid down in articles 319-331 of the code |! | Organic of courts, with the exception of the provisions on |! | Article 322.
Holders members and alternate members of the Court |! | they remain three years in office, and can be |! | designated for further successive periods.

Article 17 bis G.-the members of the Tribunal of |! | Industrial property shall cease to hold office by the |! | (following causes: to) end of the legal period of their appointment;
(b) waiver);
(c) having reached 75 years of age;
(d) dismissal by remarkable abandonment of duties;
(e) impending failure. Is understood as such, |! | that prevents the Member from exercising office by a |! | period of three consecutive months or six months in a |! | year.
(Las medidas de las letras d) and e) precedent be |! | they will be effective by the Supreme Court, at the request of the |! | President of the Court or of two of its members, without |! | prejudice to the disciplinary powers of the Court |! | Supreme.
Resolution that makes effective the dismissal |! | You must indicate the facts in that melts and the |! | background taken in view to accredit them.
Produced the cessation in the charge, if the time |! | leave you out more than one hundred and eighty days, shall |! | proceed to the appointment of the replacement in |! | accordance with the rules laid down in article |! | 17 bis C of this Act. (En el caso de las letras b), d) and |! | (e) above, the replacement will last in office the |! | time that leave of the respective period.

Article 17 bis H.-the Court will feature a |! | an attorney Secretary, two guaranteed staffing |! | Rapporteurs lawyers and four staff |! | administrative, which will belong to the plant of the |! | Undersecretary of economy, development and reconstruction and |! | they will be permanently allocated to the Court of |! | Industrial property. They shall be governed, at all, by the |! | standards applicable to such officials |! | Secretary, except that which is incompatible with |! | the nature of its function.
Any of the rapporteurs may subrogate to the |! | Secretary, who may also relate to carry to |! | those.

Article 17 bis i.-the Secretary, rapporteurs and |! | administrative officials, should be |! | necessary, shall be subrogated or supplemented by |! | officials from the Secretary of economy, development and |! | Reconstruction which comply with the requirements for |! | the position that surrogated or supplemented, according to the |! | case. In addition, is may be recruiting staff on as |! | transient, when the needs of the Court thing |! | require prior authorization from the Directorate of |! | Budgets.
Furniture, equipment, materials and |! | any service or material necessary for normal |! | functioning of the Court shall be liability |! | Administrative and economic of the Subsecretaría de |! | Economy, development and reconstruction.
The law of budgets of the Public Sector must |! | contemplate, annually, the resources required for the |! | functioning of the Tribunal. For these purposes, the |! | President of the Court shall communicate requirements |! | economic to the Minister of economy, development and |! | Reconstruction, who will include them inside of the of the |! | Ministry responsible, in accordance with rules |! | established for the public sector.

Article 17 bis J-Secretary attorney shall be the |! | direct authority of the personnel assigned to the Tribunal |! | for administrative purposes, without prejudice to other |! | functions and specific duties assigned or |! | delegate the Court.
Article 17 bis K-before assuming their functions, |! | the members of the Court, Secretary and rapporteurs |! | They shall take an oath or promise to save the Constitution |! | and the laws of the Republic, the President of the |! | Court, acting as a Minister of faith the Secretary of the |! | same. At the same time, the President will do so before the Minister |! | oldest. "."

21) Insert the following paragraph, new to |! | continuation of article 17 bis K: "Paragraph 4 of payment of duties".

(22) replace article 18, with the following: "article 18.-the grant of patents of |! |" invention, utility, drawings and designs models |! | industrial and layout-designs or topographies of |! | integrated circuits, will be subject to the payment of a |! | equivalent to two monthly tax units right |! | for every five years of granting the right. To the |! | submitting the application, must be paid equivalent |! | monthly tax unit, without which not is you |! | It will be pending. Accepted the request, will complete the |! | payment of the right of the first ten years, for the |! | patents of invention, with the first five years, |! | in the case of utility models, drawings and |! | industrial designs and layout-designs or topographies |! | of integrated circuits.
If the request was rejected, the amount paid |! | It will be a tax benefit.
The payment of the rights corresponding to the second |! | decade or five-year period, according to concerned patent of |! | invention, utility models, drawings and designs |! | industrial or layout-designs or topographies of |! | integrated circuits, must be made before the |! | expiration of the first decade or five years or within |! | the six months following the expiration of such |! | term, with a surcharge of 20% for each month or fraction |! | month, counted from the first month of the term of |! | Grace. If payment is not made within the |! | designated term, rights which makes |! | reference this article will expire. "."

(23) Intercalanse, then of article 18, |! | the following new articles: "article 18 bis to applicants of the |! |" rights referred to in the previous article, which |! | lack of economic means, they will have access to the |! | registration without having to satisfy rights |! | money of any kind. To qualify for such |! | benefit, along with the respective application, the |! | applicant should be accompanied by an affidavit of |! | lack of financial means, as well as documents |! | required by the regulations under this law.
Once granted the benefit, the titular no |! | It should meet the payments referred to in the |! | the first paragraph of article 18, deferring what is |! | It had ceased to pay for subsequent years according to thing |! | determine the rules of procedure. In the register will score the |! | postponement and the obligation to pay the amount |! | deferred. This obligation will fall on whoever |! | is the holder of the registration.
In terms of the cost of the expert report referred to |! | reference the article 6 of this law, equally |! | It will be deferred, and the head of Department |! | appoint an expert belonging to the registry that to the |! | effect leads the Department according to the system of shifts |! | established by the regulations under this law. The expert |! | you will be obliged to accept the position under sanction be |! | removed from the registry, and to play it with the |! | due diligence and promptness. Equally, they score in |! | record the name of the expert who evacuated the report and |! | fees accrued, shall be paid to the |! | time established the regulations by who appears |! | as holder of the registration.
In the case of non-timely payment of rights and |! | deferred expert fees, Department |! | declare the forfeiture of the patent.

Article 18 bis B-registration of trademarks |! | commercial, geographical indications and designations |! | of origin, will be affected to the payment of a right |! | equivalent to three monthly tax units. To the |! | submitting the application, must be paid equivalent |! | monthly tax unit, without which not is you |! | It will be pending. Accepted the request, will complete the |! | the payment of the fee and, if it is rejected, the amount paid |! | It will be a tax benefit.
The renewal of trademark registrations shall be subject |! | payment of twice the right referred to in subsection |! | earlier. Payment may be made within the six |! | months from the expiration of the registration, with a |! | surcharge of 20% for each month or fraction of a month counted |! | from the first month of expiry of the period |! | established in article 24 of this law.
In the case of geographical indications or |! | designations of origin, these will not be affected to the |! | renewal fees established for brands |! | trade in the preceding paragraph.

Article 18 bis C.-the presentation of appeals |! | will be affect the payment of an equivalent to two right |! | monthly tax units. The presentation should be |! | accompany the respective payment receipt. Be |! | accepted the appeal, the Court of property |! | Industrial will order the return of the recorded amount |! | in accordance with the procedure indicated the |! | Regulation.

Article 18 bis D.-registration of the |! | transfers of domain, use licenses, garments and |! | name changes and any other levies |! | which may affect a patent of invention, model of |! | utility, drawings and industrial design, trademark or |! | schemes of layout or topography of circuits integrated, |! | shall be made against payment of an equivalent to one right |! | monthly tax unit. The above acts shall not be |! | opposable to third parties while it inapplicable to their |! | enrollment in the Department.

Article 18 bis e. -established rights in |! | the preceding articles, shall be to be |! | your payment within 60 days and must be accredited |! | from the date that it is enforceable the |! | resolution authorizing the registration |! | respective, without which shall be deemed abandoned the |! | request proceeding to your file.
Such a resolution must be notified by letter |! | certified in the form and conditions that set the |! | Regulation.

Article 18 bis F-trademark registers |! | commercial they differentiated services and are |! | limited to one or more provinces, are understood to be |! | extended to the whole country.
The records of trademarks effected by |! | provinces to protect commercial establishments, are |! | It means covering the region or regions in which are |! | the respective provinces are included.
The owners of the registrations referred to in |! | the two preceding clauses which, for purposes of this |! | Article, extend the territorial scope of protection of |! | its brands, may not provide services or install |! | commercial establishments covered by those marks |! | in the same provinces for which are |! | registered marks equal or similar regarding |! | services or establishments of the same spin, low |! | penalty of incurring the offence contemplated |! | (in the letter to) of article 28 of this law. "."

(24) replaced article 19 with the following: "article 19.-under the brand name |! |" commercial, is understood any sign that is susceptible |! | able to distinguish graphical representation in the |! | market products, services or establishments |! | industrial or commercial. Such signs may be |! | consist of words, including names of |! | people, numbers, letters, figurative elements such |! | such as images, graphics, symbols, combinations of |! | colors, as well as also any combination of |! | These signs. When the signs are not inherently |! | badges, registration may be granted if you have |! | acquired distinctiveness through use in the market |! | National.
The sentences of propaganda may also register |! | or advertising, provided that they are United or assigned to |! | a trademark of the product, service or |! | industrial or commercial establishment to which are |! | will be used.
The nature of the product or service to which the |! | Mark has applied will not be any obstacle |! | for the registration of the mark. "."

(25) Intercalanse, then of article 19, |! | the following new articles: "article 19-bis-the nullity or revocation by not |! |" payment of the renewal fee will produce the same |! | effects on related propaganda phrases |! | to the registry. As a result, cancelled or expired a |! | mark, the Department shall cancel ex officio |! | records of dependent propaganda phrases of the |! | Mark cancelled or expired. It should be |! | record through the marginal under-registration in the |! | corresponding record.

Article 19 bis B-propaganda phrases not be |! | they may assign or transfer, unless they cede or |! | transferred with the main registry which are |! | they conform.

Article 19 bis C.-registrations of marks that |! | contain signs, figures, numbers, colors, words |! | prefixes, suffixes, roots, or segments of common use or |! | they can be generic, indicative or |! | descriptive, means that they confer protection to the |! | Mark as a whole and will be awarded leaving express |! | proof that protection is not granted to the |! | individually considered elements.
Article 19 bis D-Mark gives its proprietor |! | the unique and exclusive right to use it in the |! | of trade in the way that it has been given and |! | to distinguish products, services, |! | commercial or industrial establishments included |! | in the registry.
Accordingly, the proprietor of a mark |! | registered may prevent to any third party, without his |! | consent, use in the course of operations |! | trade marks identical or similar products, |! | services or industrial or commercial establishments |! | which are identical or similar to those for the |! | which has been granted registration, and provided that |! | made by the third party use may induce to error or |! | confusion.
When the use made by the third party refers to a |! | identical mark for products, services or |! | identical commercial or industrial establishments, |! | It shall be assumed that there is confusion.

Article 19 bis E.-the right conferred on the |! | registration of the mark not authorizes its holder to |! | prohibit the use thereof to third parties with regard to the |! | products lawfully marketed in any |! | country with that mark by the proprietor or with his |! | express consent. "."

(26) replace article 20 with the following: "(Artículo 20.-No podrán registrar_se como marcas: a) the armorial bearings, flags or other emblems, the |! |" names or initials of any State, of the |! | international organizations and services |! | State public.
b) connection of the object to which they refer, the |! | technical or scientific names, the name of the |! | plant varieties, nonproprietary names |! | recommended by the World Health Organization and |! | those indicative of therapeutic action.
(c) the name, pseudonym or portrait of a |! | any natural person, unless given consent |! | by it or by his heirs, if had died. Without |! | However, will be capable of registering the names |! | historical characters when they had elapsed, to |! | the least, 50 years from his death, provided that does not affect its |! | honor.
However, names of persons can not register |! | (cuando ello constituya infracción a las letras e), f), |! | g) and h).
(d) those that reproduce or imitate signs or punches |! | control of security officers adopted by a |! | State, without your permission; and that reproduce or |! | medals, diplomas or awards granted to imitate in |! | national exhibitions or foreign, whose entry |! | is requested by a person who obtained them.
(e) expressions or signs used to indicate |! | gender, nature, origin, nationality, |! | origin, destination, weight, value or quality of the |! | products, services or establishments; which are of |! | commonly used in trade to designate some kind of |! | products, services or establishments, and those that not |! | present distinctiveness or describe the products, |! | services or establishments to be applied.
(f) that are provided to induce error or deception |! | with respect to the origin, quality, or gender of the |! | products, services or establishments, including |! | those belonging to different classes whose |! | hedges have relationship or indicate a connection of |! | the respective goods, services or establishments.
(g) the same marks or graphic or phonetically |! | similar, in form of can be confused with other |! | registered overseas to distinguish them |! | products, services, or commercial establishments or |! | industrial, provided that they enjoy fame and |! | notoriety in the relevant sector of the public |! | usually consumes these products, demand those |! | services or have access to these establishments |! | commercial or industrial, in the native country of the |! | registration.
Rejected or annulled the registration by this causal, the |! | owner of the notorious mark registered abroad, |! | within the period of 90 days, it shall request the |! | registration of the mark. If didn't it, the mark |! | It may be filed by any person, having |! | priority within 90 days to the |! | expiration of the right of the proprietor of the mark |! | registered abroad, that who is le |! | It had rejected the request or cancelled registration.
Similarly, the trademarks in Chile |! | who enjoy fame and notoriety, can prevent the |! | registration of other identical or similar signs |! | requested to distinguish products, services or |! | different industrial or commercial establishment and not |! | related, condition, on the one hand, of these |! | last saved some kind of connection with the |! | products, services or establishment or |! | industrial that distinguishes the well-known mark |! | and, on the other hand, is likely that such protection |! | injure the interests of the proprietor of the notorious mark |! | registered. For this case, fame and notoriety are |! | must be determined in the relevant sector of the public |! | usually consumes these products, demand those |! | services or have access to these establishments |! | commercial or industrial in Chile.
(h) those same or that graphic or phonetically |! | look like in such a way that they can be confused with other already |! | registered or validly requested previously |! | for products, services or establishment or |! | industrial identical or similar, belonging to the |! | same class or related classes.
This causal shall equally apply with regard to |! | those unregistered trademarks being real and |! | effectively used prior to the application of |! | register within the national territory. Rejected or |! | cancelled registration for this causal, the user of the |! | mark should apply for registration within a period of 90 |! | days. So do not do so, the mark may be |! | requested by any person, having priority |! | within 90 days of the expiration of the |! | the user right, that one who had him |! | rejected application or cancelled registration.
Notwithstanding the first paragraph of |! | This letter, the Department may accept agreements |! | of coexistence of the marks, always that not violate |! | rights acquired by third parties before or |! | induce to confusion to the consumer public.
i) shape or the color of the products or the |! | containers, in addition to the color itself.
(j) geographical indications and the |! | protected designations of origin, legally, in |! | relation to the object that they protect.
k) the contrary to public order, morality or |! | best practices, including in these the |! | principles of fair competition and business ethics. "."

27) Insert the following new item to |! | continuation of the article 20: "article 20 bis.-in the event that a brand has |! |" been requested previously abroad, the |! | shall have priority for the period of six months |! | from the date of its filing in the country of |! | origin, to present the request in Chile. "."

(28) replaced article 22, by the following: ' article 22.-presented a request, the |! | " Curator of brands will verify that you have met |! | with the formalities required for the validity of the |! | presentation. If in this formal review the conservative de |! | Brands detectare a mistake or omission, apercibirá to the |! | interested so that you make the corrections or |! | relevant clarifications within the term of 30 days, |! | without that for this reason lose its priority date. Of not |! | mediate the correction within the time limit, the |! | application shall be deemed abandoned. The resolution |! | declares abandoned the application, be claimed before |! | the head of Department according to the norms |! | generals. Without correction or not accepted the |! | claim, the application shall be deemed abandoned.
If the head of the Department accept processing |! | a request, it cannot be subsequently |! | rejected ex officio for the same reason and rationale |! | legal that he met such officer by way of the |! | claim.
Whether to save the objection that has been object |! | an application requires the realization of others |! | formalities, the applicant has the right to ask that be |! | suspension of the procedure, until the conclusion of the |! | same. If the processes that have served as the basis to |! | request not began within 60 days, from |! | the date that this is legally possible, the |! | application shall be deemed abandoned.
The expired to deduce oppositions, the head |! | the Department will make an analysis of background of the |! | request and will indicate whether there are grounds for rejection |! | nursing of the request.
These observations will be transfer to the |! | applicant who should answer them in the same timeframe |! | to answer objections and together with them |! | If you have submitted.
Designated period expires and having complied with |! | the other steps in the procedure, the |! | Head of the Department will issue its final resolution |! | in answer to the acceptance or rejection of the |! | request. In this case, the application may not be |! | rejected by a causal different from those contained in |! | the oppositions or observations of the Chief of the |! | Department. "."

(29) replaced article 23 with the following: "article 23.-each brand may only be requested |! |" for products or services, and specific |! | with the indication of the kinds of classifier |! | International to which they belong.
Marks may be requested to distinguish |! | commercial or industrial establishments of |! | associated with product manufacture or marketing |! | specific and certain of one or several classes; y |!| sentences of propaganda to apply to advertising of |! | marks already registered. "."

30) Intercalanse the following new items to |! | continuation of article 23: "article 23 bis A.-for the purposes of the payment of |! |" rights, the application or registration of a mark for |! | products and services shall be as a request or |! | separate log for each class, whatever the |! | number of specific products or services included in |! | each. The provisions of the preceding article shall be |! | equally applicable to different kinds of products |! | included in the coverage of establishments |! | industrial and commercial. This principle will be |! | extensive new records as both the |! | renovations of the records.

Article 23 bis B-trademark which registers |! | They distinguish products, services and establishments |! | industrial shall be valid for the entire territory of |! | the Republic.
Registrations of marks that protect |! | commercial establishments will serve only for the |! | region in which the property was located. Yes |! | the applicant would like to extend to other regions |! | the property of the same brand, will show it in your |! | application for registration, and must pay the right |! | corresponding to a request and an inscription by |! | each region.

(31) replaced article 27, with the following: "article 27.-the action of nullity of a registration of |! |" a brand is barred at the end of 5 years, counted |! | from the date of registration.
The referred action for annulment will not prescribe |! | with respect to the records obtained in bad faith. "."

(32) replaced article 28, by the following: ' article 28.-will be sentenced to pay a fine to |! | " tax benefit of 25 to 1,000 tax units |! | (mensuales: a) those who maliciously used, purposes |! | commercial, a mark equal or similar to another already |! | registered for the same products, services or |! | establishments or with regard to products, services or |! | establishments related to those comprising |! | the trademark. This means no |! | prejudice to the provisions of article 19 bis E.
(b) those who use, for commercial purposes, a brand |! | not registered, expired or cancelled, with indications |! | corresponding to a mark registered or simulating |! | those.
(c) those who, for commercial purposes, make use of |! | packagings bearing a registered mark without |! | have right to use it and that this has been |! | previously deleted, unless marked packing is |! | intended for packaging products different and unrelated |! | to protect the brand.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach 2,000 tax units |! | monthly. "."

(33) replaced article 29, by the following: ' article 29.-the condemned according to the |! | " previous article will be forced to pay the costs |! | and for the damages caused to the owner of the |! | mark.
Utensils and items directly |! | used for counterfeiting or imitation and |! | objects with counterfeit brands fall in comiso. |!| In the case of objects with counterfeit brand, are |! | It will proceed to its destruction. In the case of utensils |! | or elements used, will be Faculty of judge |! | competent to decide on their fate, and can sort their |! | destruction or charitable distribution. "."

(34) replaced article 30, by the following: ' article 30.-when a mark not registered |! | " It was used by two or more persons at the same time, the |! | He placed it may not pursue responsibility |! | of those who will continue using it until they have |! | After, at least 180 days from the date of the |! | inscription.
Similarly, cancelled a mark, the holder of the |! | record that served as the basis for how to pronounce the invalidity, |! | You can not pursue responsibility with regard to the |! | holder of the cancelled registration until they have |! | After, at least 180 days since the |! | respective judgement became enforceable. "."

(35) replaced article 31, by the following: ' article 31.-means any invention |! | " solution to a problem of the technique that results in a |! | industrial work. The invention can be a product |! | or a procedure or be related to them.
Refers to patent the exclusive right |! | It grants the State for the protection of an invention. |!| Effects, obligations and limitations inherent to the |! | patent are determined by this law. "."

36) Insert the following new item to |! | continuation of article 31: "article 31 bis.-in carrying out the actions |! |" civilians on patent infringement of |! | procedure, the judge shall have the power to order that |! | the defendant prove that it has been used a procedure |! | Unlike the patented, provided that the product |! | obtained by the patented process is new.
In these processes shall be presumed, unless there is evidence in |! | contrary, that any identical product has been obtained |! | by means of the patented process.
For purposes of this article the product be |! | shall be new if, at least, fulfills the requirement of |! | novelty of article 33 to the date that has been |! | presented the procedure patent application in |! | Chile or the date of priority validated in Chile, |! | in accordance with article 34. For this qualification, the |! | judge ask the head of the Department, report to |! | expense of the applicant.
However, in the presentation of evidence in |! | If not, be taken into account the legitimate interests |! | of the defendant in protecting its secrets |! | industrial and commercial. "."

(37) replaced article 32, by the following: ' article 32-patents may be obtained for |! | " all inventions are products or |! | procedures, in all fields of technology, |! | provided that they are new, have inventive level and be |! | susceptible of industrial application. "."

(38) replaced article 33, by the following: ' article 33.-an invention is considered new, |! | " When does not exist previously in the State of the |! | technique. The State of the art shall comprise everything |! | It has been reported or made accessible to the public, in |! | anywhere in the world through a publication in |! | tangible form, sale or marketing, use or |! | any other means, before the filing date |! | of the application for patent in Chile or priority |! | claimed according to article 34.
Will also be included within the State of the |! | technique, the content of national applications of |! | patents or utility models as had been |! | originally filed, the filing date |! | is earlier than the one mentioned in the preceding paragraph and which |! | they have been published on that date or on another |! | rear. "."

(39) replaced article 37, by the following: ' article 37.-invention is not considered and they will be |! | " (excluidos de la protección por patente de esta ley: a) discoveries, scientific theories and |! | mathematical methods.
(b) plants and animals, except the |! | micro-organisms which fulfil the General conditions of |! | patentability. Plant varieties will only enjoy de |! | protection in accordance with the provisions of the law |! | Nº19.342, on rights of breeders of new |! | Plant varieties. Nor are they patentable the |! | essentially biological processes for the |! | production of plants and animals, except the |! | microbiological procedures. For these purposes, a |! | essentially biological procedure is that involves |! | entirely on natural phenomena such as the crossing and |! | selection.
(c) systems, methods, principles or plans |! | economic, financial, commercial, business or |! | simple verification and supervision; and referrals to |! | purely mental or intellectual activities or a |! | game materials.
(d) the methods of surgical treatment or |! | therapy of the human or animal body, as well as the |! | diagnostic methods applied to the human body or |! | animal, except devices intended to put in |! | practical one of these methods.
(e) the new use, shapeshifting, change of |! | dimensions, proportions change or change of |! | items, objects or elements known materials and |! | employees with certain purposes. Without prejudice of thing |! | earlier, may constitute invention susceptible of |! | protection the new use of articles, objects or |! | known elements, always to such new use |! | solve a technical problem without a prior solution |! | equivalent, comply with the requirements concerning |! | Article 32 and required a change in the |! | dimensions, proportions or materials of the |! | Article, object or element known to obtain the |! | aforementioned solution to the technical problem. The new use |! | claimed must demonstrate through evidence |! | experimental in the patent application.
(f) part of human beings as they are |! | in nature, natural biological processes, the |! | biological material existing in nature or that |! | that can be isolated, including genome or germplasm. |!| However, it will be protected the |! | procedures that use one or more of the materials |! | biological earlier statements and products directly |! | obtained by them, provided that they meet the |! | requirements laid down in article 32 of the present |! | law, that the biological material is adequately |! | described and that the industrial application of the same figure |! | explicitly in the patent application. "."

(40) replace article 38, with the following: "article 38.-the inventions are not patentable |! |" whose commercial exploitation must necessarily be prevented |! | to protect public order, the security of the State, |! | morality and the morality, the health or life of |! | people or animals, or to preserve the |! | plants or the environment, ever that exclusion |! | do not only exist a provision legal or |! | prohibiting or governing the administrative |! | exploitation. "."

(41) replaced article 39, by the following: ' article 39.-patents for invention is |! | " They shall be granted for a non-renewable period of 20 years, |! | from the date of presentation of the |! | request. "."

(42) repeal articles 40 and 41.

(43) replaced article 42, by the following: ' article 42.-will not be considered for effects |! | " determine the novelty of the invention, the |! | disclosures within six months |! | prior to the filing of the application, in the |! | measure that have been a direct or indirect consequence |! | (de: a) practices, testing and construction of |! | mechanisms or devices that need to the applicant than |! | have an invention in study.
(b) the invention displays made by the |! | applicant or his cause at official exhibitions u |! | officially recognized.
(c) the abuses and unfair practices of the |! | that would have been the applicant object or its cause. "."

(44) replaced article 43, by the following: ' article 43.-with the patent application shall |! | " accompany the following documents:-a summary of the invention.
-A specification of the invention.
-Declaration of claims.
-Drawings of the invention, as appropriate. "." (45) Insert the following new item to |! | continuation of article 43: "article 43 bis.-the summary will have a purpose |! |" technique and not only can be considered for |! | any other purpose, not even for the determination of the |! | scope of the requested protection.
The claims define the object for which |! | protection is sought. These should be clear and |! | concise and based on the descriptive report.
The specification must be clear and complete |! | in such a way to allow an expert or expert in the |! | matter reproduce the invention without others |! | history. "."

(46) replaced article 45, with the following: "article 45.-entered the request to the |! |" Department, a preliminary examination shall be |! | to verify that they have accompanied the |! | documents referred to in article 43. If the review |! | preliminary detected an error or omission, be |! | It apercibirá to the person concerned for the |! | corrections, clarifications or attach documents |! | relevant within a period of sixty days, unless |! | for this reason lose its priority date. Of not rectified |! | any errors or omissions within the designated time, the |! | application shall be deemed not filed.
Requests that do not meet any other |! | demand for processing, within designated deadlines |! | under this law or its regulations, it will be abandoned, |! | proceeding to your file. Without prejudice of thing |! | above, the applicant may require its desarchivo |! | provided that remedy the demands of processing inside |! | hundred twenty days following, counted from the |! | date of abandonment, unless you lose the right of |! | priority. The expired unless they are remedied |! | any errors or omissions, the application will be by |! | definitely abandoned.
When the examination of an application of law of |! | industrial property be deducted the right |! | claiming corresponds to another category, it will be analyzed |! | and treated as such, maintaining the priority |! | acquired. "."

(47) replaced article 49, by the following: ' article 49.-the owner of a patent of invention |! | " you will enjoy exclusive to produce, sell or |! | commercialize, in any way, the product or object |! | the invention and, in general, perform any |! | exploitation of it.
In the procedure, the protection patents |! | reaches to the products obtained directly by saying |! | procedure.
The scope of the protection afforded by the patent |! | or the patent application shall be determined by the |! | content of the claims. Memory |! | Description and the drawings serve to interpret the |! | claims.
The patent right shall extend to all the |! | territory of the Republic until the day on which expires the |! | term of granting of the patent.
The patent does not confer the right of |! | prevent third parties commercialize the protected product |! | the patent, which they have acquired legitimately |! | Once the product has been introduced |! | legally in the Commerce of any country by the |! | holder of the right or by a third party, with the |! | consent of him. "."

(48) be replaced with article 50, the following: "article 50.-will be the Declaration of nullity |! |" of a patent on any of the grounds |! | (siguientes: a) when who has obtained the patent is not the |! | inventor or his assignee.
(b) when the award is based on reports |! | expert manifestly deficient or wrong.
(c) where registration has been granted |! | contravention of the rules on patentability and its |! | requirements, in accordance with the provisions of this law.
The action of nullity of a patent of invention |! | It is barred at the end of five years, counted from |! | the same registration. "."

(49) replaced article 51, by the following: ' article 51.-will proceed to decide with regard to |! | " a non-voluntary license application in the |! | (siguientes casos: 1) when the patentee has incurred |! | in or practice declared contrary to the |! | free competition, in direct relation with the |! | use or exploitation of the patent concerned, |! | According to firm or enforceable court decision of |! | Defense of free competition.
(2) where for reasons of public health, safety |! | national, use public non-commercial, or emergency |! | national or other extreme urgency, declared by the |! | competent authority, justify the granting of |! | such licenses.
(3) where the non-voluntary license is by |! | the exploitation of a later patent that object not |! | It could be exploited without infringing a patent |! | earlier. Non-voluntary licensing by |! | dependent patents shall be subject to the following |! | the invention claimed in the patent (normas: a) |! | rear must understand a technical advance of |! | considerable economic significance as regards the |! | invention claimed in the first patent.
(b) to exploit non-voluntary licensing the |! | earlier patent may only be transferred with patent |! | rear.
(c) the owner of the earlier patent may, in the |! | same circumstances, obtain a license no |! | volunteer on reasonable terms to exploit the |! | invention claimed in the later patent.
In the case of semi-conductor technology, the |! | license can only be granted for public purposes not |! | commercial or to rectify a practice declared |! | anti-competitive. "."
(50) Insert, after article 51, |! | the following new items: "article 51 bis-the person to request a |! |" non-voluntary licensing, will have to prove that he asked |! | prior to the patent holder license |! | contract, and could not get it in conditions and |! | reasonable time. Not be required this requirement regarding |! | of the causal set at no. 2 of article 51 of |! | This law. This requirement shall not be required when the |! | non-voluntary licensing aims to end |! | considered to be anti-competitive practices.

Article 51 bis B-request for the |! | granting of a non-voluntary license shall constitute |! | a demand and must contain all the requirements of the |! | Article 254 of the code of Civil procedure. |!| (Conocerán de ella: 1) in the case of article 51, no. 1), the Court of |! | Defense of free competition, in accordance with the |! | procedure laid down in the law Nº19.911.
((2) in the case of article 51, no. 2), the head of the |! | Department of Industrial property, in accordance with the |! | established procedure for nullity of patents in |! | This law. In addition, by resolution founded, solving a |! | special incident, you can temporarily access to the |! | demand. This resolution will remain in force while |! | the facts which it founded last or until |! | the term sentence.
((3) in the case of article 51, no. 3), the judge of |! | lyrics in civil matters, according to the competition rules of the |! | Code of Civil procedure and agreement to the |! | summary procedure.
Article 51 bis C.-the competent authority shall |! | decision on the application for licence not |! | volunteer depending on circumstances of |! | this.
In the event that this pronouncement is |! | positive, the Court of Defense free |! | Competition, the head of the Department or the judge of |! | letters in civil matters, as in the case of the case provided for in |! | the numbers 1, 2 or 3 of article 51, shall, by a |! | side, set the duration and the scope of the license, |! | limiting it to the purposes for which it was granted |! | and, on the other hand, the amount of compensation that will pay |! | periodically the licensee to the owner of the |! | patent. The license granted by this procedure |! | It will be non-exclusive and you may not assign it, except |! | with that part of the proprietor of the patent.

Article 51 bis D.-the non-voluntary license may be |! | be left without effect, totally or partially, to reserve |! | of the legitimate interests of the licensee, if the |! | circumstances giving rise to it have |! | disappeared and is not likely to arise again. The |! | Court of free competition, the head of the |! | Department or the judge of letters in civil matters, where |! | the case, after consultation with the competent authority, |! | where appropriate, shall be entitled to examine, |! | mediating founded request, if these circumstances |! | they continue to exist.
Not to host the application for revocation of a |! | non-voluntary licensing if it were likely that was |! | Repeat the circumstances that gave rise to its |! | concession. In the same way the Court's defense of the |! | Free competition, the head of the Department or the judge of |! | letters in civil matters, as appropriate, at the request of |! | a party may amend a license no |! | voluntary when new facts or circumstances thing |! | justify, in particular when the proprietor of the |! | patent has granted contractual licenses in |! | more favourable conditions than those agreed for the |! | beneficiary of the non-voluntary license.
License application procedures not |! | voluntary, in the cases provided for in paragraphs 1 and 3 |! | Article 51, should be heard the Department before |! | dictate judgement. "."

(51) replaced article 52, by the following: ' article 52.-will be sentenced to pay a fine to |! | " tax benefit from twenty-five to one thousand units |! | (tributarias mensuales: a) those who maliciously manufactured, used, |! | offer or introducing an invention commercially |! | patented, or importing it, or are in possession of the same, |! | for commercial purposes. This means no |! | prejudice to the provisions of the fifth paragraph of the |! | Article 49.
(b) those who, for commercial purposes, use an object |! | not patented or patent has expired or has been |! | cancelled, using that object indications |! | corresponding to a patent of invention or |! | simulating them.
(c) those who maliciously, for commercial purposes, |! | make use of a patented process.
(d) those who maliciously to imitate or make use of a |! | invention with patent pending, unless application of |! | that, ultimately, the patent not be granted.
Those convicted according to this article shall be |! | forced to pay for the costs, damages |! | caused to the owner of the patent.
Utensils and items directly |! | used in the Commission of any of the offences |! | mentioned in this article and produced objects in |! | illegally will fall in comiso. In the case of objects |! | produced illegally, will proceed to its |! | destruction. In the case of utensils or elements |! | used, will be Faculty of the competent judge decide |! | on its destination, and can order their destruction or their |! | charitable distribution.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach two thousand tax units |! | monthly. "."

(52) replaced article 53 by the following: "article 53.-any patented object must carry |! |" the indication of the number of the patent, either in the |! | product itself or on the packaging, and must put in |! | the expression "Patent for invention" visibly or |! | initials "IP" and the registration number.
Excepted from the obligation established in the |! | previous paragraph, the procedures in which by its |! | nature, not possible to implement this requirement.
The omission of this requirement shall not affect the validity |! | patent. But those who do not comply with this |! | available, no criminal proceedings may exercise to |! | that referred to in this law.
When there are requests pending, should be |! | indicate that situation, in the case that they are manufactured or |! | market for commercial products to the |! | affecting such request. "."

(53) replaced article 58, by the following: "article 58.-with the application of model of |! |" utility shall submit the following documents:-a summary of the utility model.
-A descriptive report of the utility model.
-Declaration of claims.
-Drawings of the utility model.
Entered the request to the Department are |! | you will practise a preliminary examination, which are |! | Verify that the documents have accompanied |! | previously indicated. "."

(54) replaced article 59, by the following: ' article 59.-all utility model shall |! | " take the expression in visible form "model of |! |" Utility"or the initials"Mu", and the number of the |! | registration. These indications may be put in the |! | container, provided that it is of those that occur to the |! | sealed consumer required |! | destroy them for access to the product. The omission of this |! | requirement does not affect the validity of the utility model, |! | but depriving the holder of the faculty to enforce |! | the criminal actions provided for in this law. "."

(55) replaced article 61, by the following: "article 61.-will be sentenced to pay a fine to |! |" tax benefit of 25 to 1,000 tax units |! | (mensuales: a) those who maliciously manufactured, marketed, |! | import or use, for commercial purposes, a model of |! | registered utility. This means no |! | prejudice to the provisions of the fifth paragraph of the |! | Article 49, which will be equally applicable to this |! | category of rights.
(b) those who, for commercial purposes, use the |! | indications concerning a utility model |! | whose registration has been expired or cancelled, and that, |! | for the same purposes, simulate them, when there |! | registration.
Those convicted according to this article shall be |! | forced to pay for the costs, damages |! | caused to the owner of the utility model.
Utensils and items directly |! | used in the Commission of any of the offences |! | referred to in this article and articles produced in |! | illegally will fall in comiso. In the case of objects |! | produced illegally, will proceed to its |! | destruction. In the case of utensils or elements |! | used, will be Faculty of the competent judge decide |! | on its destination, and can order their destruction or their |! | charitable distribution.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach 2,000 tax units |! | monthly. "."

(56) replaced the name of title V by |! | the following: ' of the drawings and industrial designs ".

(57) be replaced with article 62, the following: "article 62.-under the heading of design |! |" industrial is understood all three-dimensional forms |! | associated or not with colors, and any article |! | industrial or handicraft that serve as a pattern for the |! | manufacture of other units and that distinguishes itself from its |! | similar, either by its form, geometrical configuration, |! | ornamentation or a combination of these, whenever |! | These characteristics give a special look |! | perceptible by sight, in such a way that |! | find a new appearance.
Under the heading of industrial drawing is |! | includes all available, set or combination of |! | figures, lines or colors that are developed on a plane |! | for incorporation into an industrial product purposes |! | ornamentation and that granted, to that product, a |! | new appearance.
Drawings and industrial designs shall be deemed |! | new insofar as they differ significantly |! | drawings or known industrial designs or |! | combinations of characteristics of drawings or designs |! | known industrialists.
Containers covered articles |! | that may be protected as industrial designs, always |! | that you meet the condition of novelty before designated.
Prints in knitwear, fabrics or any |! | material laminating covered articles |! | that may be protected as industrial designs, always |! | who satisfy the condition of novelty before designated. "."

(58) added, then the article 62, the |! | following new articles: "article 62 bis.-the protection granted to the |! |" drawings and industrial designs established in this law |! | shall be without prejudice to that which can be |! | be given under the provisions of the law Nº17.336.

Article 62 ter-not be registered as |! | designs or industrial drawings, those whose appearance |! | is entirely dictated by considerations |! | technical or functional, unless you add arbitrary contribution |! | one by the designer.
In addition, not be registered as designs |! | industrial products of clothing of any |! | nature and those involving a form whose |! | exact reproduction is necessary to allow that the |! | product incorporating the design to be mounted |! | mechanically or connected to another product of which |! | part. This prohibition shall not apply as regards |! | products in which the design lies in a |! | form to allow the installation or connection |! | multiple products, or your connection within a |! | modular system. "."

(59) replaced article 63, with the following: "article 63.-the provisions of title III, |! |" relating to patents of invention, are applicable, |! | When appropriate, the drawings and designs |! | industrialists, without prejudice to the provisions |! | Special contained in this title. In what |! | concerning the right of priority, it shall be governed by thing |! | provisions of article 20 bis of this law.
The Declaration of invalidity of the drawings and designs |! | industrial proceeds by the same causal designated |! | in article 50 of this law. "."

(60) replace article 64, with the following: "article 64.-with the design application design |! |" industry the following documents must be accompanied:-request.
-Descriptive report.
-Drawing.
-Prototype or mock-up, as appropriate.
Entered the request to the Department are |! | you will practise a preliminary examination, which are |! | Verify that the documents have accompanied |! | previously indicated. "."

(61) replaced article 65, by the following: ' article 65.-the registration of a design or design |! | " industrial shall be granted for a non-renewable period of 10 |! | years, counted from the date of your request. "."

(62) replaced article 66, by the following: ' article 66.-all drawing and industrial design |! | " It should be in visible form the expression "drawing |! |" Industrial"or"Industrial design"or the initials"D.I."|! | and the registration number. These indications may |! | put in the container, provided that it is those who are |! | they present the sealed consumer, so it is |! | It is necessary to destroy them for access to the product.
The omission of such a requirement will not affect the |! | validity of drawing or industrial design, but denies to its |! | holder of the right to enforce actions |! | penalties laid down in the following article. "."

(63) replaced article 67, by the following: ' article 67.-will be sentenced to pay a fine to |! | " tax benefit of 25 to 1,000 tax units |! | (mensuales: a) those who maliciously manufactured, marketed, |! | import or use, for commercial purposes, a drawing or |! | registered industrial design. This means |! | without prejudice to the provisions of the fifth paragraph of the |! | Article 49, which will be equally applicable to this |! | category of rights.
(b) those who, for commercial purposes, use the |! | corresponding to a drawing or design directions |! | registered industrial, or simulate them when there |! | such registration or is expired or cancelled.
Those convicted according to this article shall be |! | forced to pay for the costs, damages |! | caused to the holder of the industrial design.
Utensils and items directly |! | used in the Commission of any of the offences |! | referred to in this article and articles produced in |! | illegally will fall in comiso. In the case of objects |! | produced illegally, will proceed to its |! | destruction. In the case of utensils or elements |! | used, will be Faculty of the competent judge decide |! | on its destination, and can order their destruction or their |! | charitable distribution.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach 2,000 tax units |! | monthly. "."

(64) replaced article 68, by the following: ' article 68.-in employment contracts and |! | " services, whose nature is the |! | compliance with an inventive or creative activity, the |! | Faculty of registration as well as the |! | industrial property rights possible, |! | they will belong exclusively to the employer or to whom |! | he commissioned the service, unless expressly stated in |! | contrary. "."

(65) replaced article 69, by the following: ' article 69.-the worker who, according to their contract |! | " work, is not obliged to make a |! | inventive or creative, function will have the Faculty of |! | apply for registration as well as any right |! | derived from inventions industrial property |! | made by, which shall vest you in the form |! | exclusive.
However, if to carry out the invention is |! | It had obviously benefited from the |! | knowledge within the company and |! | used means provided by this, such |! | powers and rights shall belong to the employer, in whose |! | If this should be granted to the worker compensation |! | further to be agreed by the parties.
This will be extended to the person |! | an invention that exceeds the framework of which it won him |! | It has been assigned. "."

(66) replaced article 70, by the following: "article 70.-request the |! |" respective registration as well as any rights of |! | industrial property deriving from the inventive |! | and creative persons engaged in a relationship |! | dependent or independent, by universities or by the |! | research institutions including the Decree |! | law Nº1.263, of 1975, shall belong to the latter, or a |! | people who are determined, notwithstanding that the |! | statutes of these entities regulate the modalities in |! | that involved the inventor or creator benefits |! | obtained for their work. "."

(67) replaced article 71, by the following: "article 71.-established rights in |! |" benefit of the worker in the preceding articles, |! | will be waived prior to the granting of the |! | patent, of the utility or the layout scheme model |! | or topography of integrated circuits, as appropriate. |!| Any clause to the contrary shall be unwritten. "."

(68) replaced article 72, by the following: ' article 72.-all related controversies |! | " with the implementation of the provisions of this title |! | jurisdiction of the Tribunal of property shall |! | Industrial referred to in paragraph 3 of title I |! | of this Act. "."

(69) merge, then article 72, the |! | following title VII, new, passing the current VII and |! | VIII to sign as title XI title XII, |! | respectively: "Title VII's schemes of path or topographies of the |! |" (circuitos integrados"70) move the current article 73, as article |! | 114, then the title XI.

(71) Incorporanse, in the new title VII, the |! | following new articles: "article 73.-means integrated circuit |! |" a product, in its final or intermediate form, destined to |! | perform an electronic function, in which the |! | elements, at least one of whom must be active, |! | and some or all the interconnections, part |! | Member of the body or surface of a piece of |! | material.

Article 74-Layout means |! | or topography of circuits integrated layout |! | three-dimensional elements, expressed in any |! | manner, designed to manufacture.

Article 75.-Schemes of path or topographies |! | of integrated circuits shall be protected by means of |! | This law to the extent that are original.
Will be considered originals which are the |! | result of the intellectual effort of the creator and not |! | they are ordinary knowledge between the creators of |! | layout or topography of integrated circuits diagrams |! | and manufacturers of integrated circuits at the time of |! | its creation.
A scheme of layout or topography of circuits |! | integrated that it consist of a combination of elements |! | or interconnections that are current, will only be |! | protected if the combination, as a whole, complies with |! | the conditions laid down in the preceding subparagraphs.

Article 76.-The owner of a layout schema or |! | topography of integrated circuits, will enjoy of |! | to produce, sell or market exclusivity in |! | otherwise the object of protection and the right |! | that it has been given.
Therefore, the owner of a schema of |! | layout or topography of integrated circuits, may |! | prevent any third party without your consent: 1. reproduces, in its entirety or any part |! | of the same, by incorporation in an integrated circuit or |! | otherwise, the scheme of layout or topography of |! | protected integrated circuits, except the Act of |! | reproduce any part that does not comply with the |! | requirement of originality referred to in article 75 |! | of this law.
2 sell or distribute in any other form, with |! | commercial purposes, the scheme of layout or topography of |! | protected integrated circuits; an integrated circuit in |! | which is the layout scheme incorporated or |! | topography of circuits integrated protected, or a |! | product incorporating an integrated circuit that |! | contains an outline of layout or topography of circuits |! | integrated illegally reproduced.

Article 77.-The exclusive right of exploitation |! | referred to in the preceding article, not shall it extend:
1. reproductions of layout |! | topographies of integrated to existing circuits is le |! | It has incorporated a scheme of layout or topography of |! | performed by third-party integrated circuits with |! | private purpose with the sole aim of |! | evaluation, analysis, research or teaching.
2. when the acts of commercial exploitation to be |! | under that article, concerning a layout schema |! | or topography of integrated circuits that comply with |! | the requirements of article 75 of this law, has been |! | created as a result of the analysis and evaluation of |! | another scheme of layout or topography of circuits |! | integrated protected.
3. to acts of exploitation to be |! | This article related to an integrated circuit and |! | incorporating a scheme of layout or topography of |! | illegally reproduced integrated circuits or |! | relation to any article that incorporates such |! | integrated circuit, when a third party who make u |! | ordering such acts did not know and had no reason |! | reasonable to know, to acquire integrated circuit |! | or the article incorporating such integrated circuit, which |! | It featured a pattern of layout or topography of |! | circuits integrated reproduced illegally.
However, a third time |! | taking knowledge or has reasonable grounds for |! | believe that the scheme of layout or topography of |! | integrated circuits was reproduced illegally, |! | that third party may perform any act regarding |! | the product in existence or order before that time. |!| In this case, the holder of the right protected only |! | It may require the payment of a sum equivalent to the |! | reasonable royalty which would correspond to a license |! | freely negotiated such mapping schema or |! | topography of integrated circuits.
The court competent to know of the |! | infringements of the layout-design or |! | topographies of integrated circuits, will solve the |! | dispute that definition may result from |! | regalia it referred to in the preceding paragraph, according to |! | the standards established for the incidents in the code |! | of Civil procedure, unless appropriate test of |! | witnesses and failing in awareness.
4. with respect to a scheme of layout or topography |! | identical original integrated circuit that has been |! | created independently by a third party.

Article 78.-The protection schemes of |! | path or topographies of integrated circuits, will have |! | a non-renewable duration of 10 years, counted from |! | from the date of filing of the application for registration |! | or from the first commercial exploitation anywhere |! | of the world.

Article 79.-The registration of schemes of |! | path or topographies of integrated circuits, is |! | It will be in the Department of Industrial property.
Article 80.-with the application of scheme of |! | layout or topography of integrated circuits, must |! | accompany the following documents:-request.
-Descriptive report.
-Prototype or mock-up, as appropriate.
-Supporting documents, if necessary.
Entered the request to the Department, are |! | you will practise a preliminary examination, which are |! | Verify that the documents have accompanied |! | previously designated.

Article 81.-The application for registration may be |! | submitted by initiated commercial exploitation |! | schema path or circuit topography |! | integrated, or within the following two years, |! | counted from the date of such exploitation. In |! | the latter case, the applicant must be accompanied, together |! | with the application for registration, an affidavit that |! | certifying the date of first commercial exploitation.
The processing of the request, as well as the |! | publication and resolution thereof, shall be adjusted to the |! | regulations laying down rules for this.

Article 82.-the Declaration of invalidity shall |! | a scheme of layout or topography of circuits |! | (integrados, por alguna de las causales siguientes: a) path scheme when who obtained |! | or topography of integrated circuits is not the legitimate |! | Creator or their assignee;
(b) when the award is based on reports |! | expert wrong or manifestly deficient;
(c) when the registration had been granted |! | contrary to the requirements of protection |! | in article 75;
(d) when the commercial exploitation of the layout of |! | layout or topography of integrated circuits has been |! | initiated prior to the previous two years to the |! | filing of the application.

Article 83.-The provisions of titles III |! | and VI, concerning patents for invention e |! | Service inventions, will respectively be |! | applicable, as appropriate, to the schemes of |! | path or topographies of integrated circuits, without |! | subject to the special provisions contained in |! | This title.

Article 84.-All schema layout or topography |! | integrated circuits, must be in a visible |! | a letter "T" in capital letter and enclosed within a |! | circle. These indications may be put in the |! | container, provided that it is of those that occur to the |! | sealed consumer required |! | destroy them for access to the product. The omission of this |! | requirement shall not affect the validity of the mapping schema |! | or topography of integrated circuits, but denies to its |! | holder of the right to enforce actions |! | penalties laid down in the following article.

Article 85.-Will be sentenced to pay a fine to |! | tax benefit of 25 to 1,000 tax units |! | (mensuales: a) those who maliciously manufactured, marketed, |! | import or use, for commercial purposes, a scheme |! | layout or topography of integrated circuits |! | registered. The foregoing shall be without prejudice of thing |! | laid down in the fifth subparagraph of article 49, which |! | It shall also apply to this category of rights.
(b) those who, for commercial purposes and without |! | right to do so, use the directions |! | for scheme layout or topography of |! | registered integrated circuit, or simulate them when not |! | exists when registering or is expired or cancelled.
Those convicted according to this article shall be |! | forced to pay for the costs, damages |! | caused to the owner of the diagram's layout or topography |! | of integrated circuits.
Utensils and items directly |! | used in the Commission of any of the offences |! | referred to in this article and articles produced in |! | illegally will fall in comiso. In the case of objects |! | produced illegally, will proceed to its |! | destruction. In the case of utensils or elements |! | used, will be Faculty of the competent judge decide |! | on its destination, and can order their destruction or their |! | charitable distribution.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach 2,000 tax units |! | monthly. "."

72) Incorporanse the following title VIII, and the |! | articles 86 to 91, new: "title VIII trade secrets and information |! |" submitted to the authority for obtaining registration |! | or sanitary authorizations paragraph 1º of trade secrets article 86.-is understood by business secrecy |! | all knowledge about products and procedures |! | industrial, which is maintained in reserve provides |! | its holder an improvement, advancement or competitive advantage.

Article 87-shall constitute a breach of secrecy |! | business the illegitimate acquisition, its |! | dissemination or exploitation without the authorization of the proprietor |! | and the dissemination or exploitation of business secrets |! | that access has been legitimately but with |! | duty reserve, provided that the violation of the |! | secret has been carried out with the aim of obtaining |! | avail, own or a third party, or damage to your |! | holder.

Article 88.-without prejudice to the responsibility |! | appropriate criminal, shall apply to the violation |! | business secret the rules of title X, |! | relating to the observance of the rights of property |! | industrial.

Paragraph 2 of the information presented to the authority for the |! | obtain medical records or authorizations |! |
Article 89-when public health Institute |! | or the agricultural and livestock service require the |! | presentation of test data or other having |! | nature of non-reported, relating to security and |! | effectiveness of a pharmaceutical product quimico-agricola |! | using a new chemical entity that has not been |! | previously approved by the competent authority, such |! | data will have the character of reserved, according to the |! | legislation in force.
Refers to the nature of undisclosed |! | satisfied if the data has been subject to measures |! | reasonable to keep them in such a condition and not are |! | generally known or easily accessible by |! | persons belonging to the circles in which |! | the type of information normally used in |! | issue.
The competent authority may not disclose nor |! | Use this data to provide a record or |! | sanitary authorization who does not have permission |! | of the owner of those, for a period of five years, |! | for pharmaceutical products, and ten-year-old for |! | quimico-agricolas products, counted from the first |! | health registration or authorization granted by the |! | Institute of public health or agricultural service and |! | Livestock, as appropriate.
To enjoy the protection of this article, the |! | character of undisclosed referral data from |! | test must be expressly designated in the application |! | registration or sanitary authorization.

Article 90-Refers to new chemical entity |! | that active substance that has not been previously |! | included in health registries or authorizations |! | awarded by the Institute of public health or the |! | Agriculture and livestock service, as appropriate, or that |! | has not been marketed in the national territory |! | before the application for registration or authorization |! | health.
For purposes of this paragraph, it is understood by |! | that substance with one or more active substance |! | pharmacological effects of quimico-agricolas applications, |! | whatever its form, expression or disposal, |! | including its salts and complexes. In no event will |! | will be considered as new chemical entity: 1. applications or different therapeutic indications to |! | those authorized in other registries or authorizations |! | Health previous of the same chemical entity.
2. the changes in the route of administration or forms |! | dosing than those authorized in other registries or |! | previous health authorisations of the same entity |! | Chemistry.
3. changes in the dosage forms, |! | formulations or combinations of chemical entities already |! | authorised or registered.
4. salts, complexes, crystalline forms or |! | those chemical structures based on a |! | chemical entity with registration or authorization health |! | previous.

Article 91.-Shall be the protection of this |! | (Párrafo, cuando: a) the owner of the test data referred in |! | Article 89, incurred in or practice |! | declared contrary to free competition in relationship |! | direct use or exploitation of this |! | information, according to firm or enforceable decision of the |! | Court's defense of free competition.
(b) for reasons of public health, safety |! | national, use non-commercial public, national emergency |! | or other circumstances of extreme urgency declared |! | by the competent authority, it is justified to terminate |! | the protection referred to in article 89.
(c) the product pharmaceutical or quimico-agricola |! | subject of a compulsory licence, according to thing |! | established in this law.
(d) the quimico-agricola or pharmaceutical product not |! | has been marketed in the national territory within |! | twelve months from the registration or authorisation |! | health in Chile.
(e) the product pharmaceutical or quimico-aagricola |! | have a record or sanitary authorization in the |! | overseas with more than twelve months. "."

73) Incorporanse the following title IX, and the |! | Articles 92 to 105, new: "Title IX of geographical indications and designations of |! |" source article 92.-the present law recognizes and protects |! | geographical indications and designations of origin |! | (de conformidad con las siguientes disposiciones: a) refers to the geographical indication |! | which identifies a product as originating in the country or |! | a region or locality of the national territory, when |! | the quality, reputation or other characteristic of the same |! | is attributable, mainly to its geographical origin.
(b) designation of origin that means |! | which identifies a product as originating in the country, or |! | of a region or a locality of the territory |! | national, when the quality, reputation or other |! | the same feature is attributable mainly |! | to their geographical, taking into consideration origin, |! | In addition, other human and natural factors affecting |! | on the characterization of the product.

Article 93.-Geographical indications and |! | appellations of origin shall be governed by the rules of |! | This law and use that specific regulations be |! | pass. The foregoing shall be without prejudice of the |! | provisions governing designations of origin |! | Pajarete Pisco and wine sunny, and which are |! | they refer to the viticultural zoning prevail |! | with respect to them contained specific rules in |! | Law No. 18.455.
Geographical indications and denominations of |! | origin may not be subject to appropriation or assessment |! | that limit or preclude their use by stakeholders that |! | comply with the requirements established in this law and in |! | the rules of use of the indication or denomination.

Article 94.-Recognition of an indication |! | geographical or appellation of origin will be done by the |! | Department, incorporating the same in |! | a register of geographical indications and designations |! | of origin that will take effect.
Any natural or legal person may |! | apply for the registration of a geographical indication or |! | Denominación de Origen, which always represent to a |! | significant group of producers, manufacturers or |! | artisans, whatever its legal form, whose |! | premises or establishments of extraction, production, |! | processing or working are inside of the |! | boundary established by the indication area |! | geographical or appellation of origin requested and fulfil |! | with the other requirements specified in this law. Also |! | they may apply for recognition of an indication |! | geographical or appellation of origin authorities |! | national, regional, provincial, or communal, when |! | whether geographical indications or designations of |! | origin located within the territories of its |! | respective powers.

Article 95-Cannot 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 may mislead the public about the |! | geographical origin, nature, mode of |! | manufacture, characteristics or qualities, or the |! | fitness for the use or consumption of the product.
(d) that are common or generic indications for |! | distinguish the product concerned, being understood |! | Therefore the considered as such by both the |! | connoisseurs of matter as the public in |! | general, unless they have been recognized as |! | geographical indications or designations of origin in |! | international treaty ratified by |! | Chile.
(e) that are equal or similar to another indication |! | geographical or designation of origin for the same |! | product. However, in the case of indications |! | geographical or homonymous appellations of origin for |! | wines, will be possible the existence of more than one record, |! | while incorporating elements that ensure that |! | consumers will not be misled to error or confusion.

Article 96.-Geographical indications and |! | Foreign designations of origin can register |! | in Chile, in accordance with the provisions of this law. No |! | You can protect yourself, or lose the protection if the |! | they had, when they are no longer protected or have fallen |! | in use in their country of origin.
In particular, it shall not be subject to protection |! | established in this law geographical indications and |! | Foreign appellations of origin which identify |! | wines and spirits in connection with goods and |! | services, and that have been used continuously |! | by resident in the national territory or national |! | to identify, in Chile, those same goods or |! | services or other related, in good faith, before the 15th of |! | April 1994, or for ten years, minimum, before |! | from that date, unless otherwise is specified |! | an international treaty ratified by Chile.

Article 97.-The application for recognition of a |! | geographical indication or designation of origin must |! | (indicar: a) name, address, tax only role, Yes |! | appropriate, and the applicant related activity with |! | indication or denomination requested.
(b) the geographical indication or designation of |! | origin.
(c) the geographical area of production, extraction, |! | transformation or processing of the product to be |! | differentiated with indication or denomination, |! | defining it to the geographical character and division |! | political and administrative of the country.
(d) the detailed description of the product the |! | products that will differentiate the indication or denomination |! | requested, as well as their characteristics or qualities |! | essential of it.
(e) technical study, prepared by a professional |! | competent, that will provide a history, in the sense that |! | the characteristics or qualities attributed to the |! | product are attributable exclusively or essential to |! | its geographical origin.
(f) a draft specific regulation of use and |! | control of the indication or denomination requested.
Article 98.-in the case of applications of |! | geographical indications or appellations of origin |! | Chilean, concerning products silvoagropecuarios and |! | agro-industrial, will be required also for the unregistering |! | of them, a favourable report from the Ministry of |! | Agriculture with respect to compliance with the requirements |! | laid down in article 97. In the case of the |! | geographical indications and designations of origin |! | relating to the above products foreign, are |! | It will require a report from the Ministry of agriculture.
This report must be issued within the period of one hundred |! | twenty days from the date of request of the |! | same for the head of the Department.

Article 99.-The resolution granting registration |! | a geographical indication or designation of origin |! | (señalará: a) the geographical indication or designation of |! | recognized source.
(b) the defined geographical area of production, |! | extraction, processing or preparation whose |! | producers, manufacturers and craftsmen are entitled to |! | use the indication or denomination.
(c) the products to which applies the |! | geographical indication or designation of origin and the |! | qualities or characteristics that these should |! | have.
(d) the qualifications, in accordance with the merit of |! | accompanied by it was one history |! | a designation of origin or geographical indication.
In addition, such resolution shall adopt and will order the |! | Register of the specific regulations for use and control of |! | the geographical indication or designation of origin |! | recognized.

Article 100.-Registration of an indication |! | geographical or appellation of origin will have duration |! | indefinite.
The registry can be modified in any |! | time when you change any of the circumstances |! | laid down in article 97. The modification should be |! | subject to the registration procedure, as soon as |! | appropriate.

Article 101.-Anyone interested can impetrar |! | the Declaration of invalidity of the registration of an indication |! | geographical or appellation of origin, when it is |! | infringed any of the prohibitions established in |! | This law.

Article 102.-in as appropriate, the rules of |! | Titles I and II and regulations |. | relating to trademarks shall be applicable to |! | examination, publication, registration procedures and |! | invalidity of geographical indications and designations |! | of origin covered by this title.

Article 103-All producers, manufacturers or |! | craftsmen carrying out its activity within the zone |! | geographical delimited, even those not |! | they were among those who requested the recognition |! | Initially, will be entitled to use the indication |! | geographical or appellation of origin in relation to the |! | products designated in the registration, provided that they comply |! | with the provisions governing the use of this site. |!| Only they can used in the identification of the |! | "the term"Geographical indication"product or |! |" "Designation of origin" or the initials "I.G." or |! | " D.O. ", respectively. These indications may |! | put in the container, provided that it is those who are |! | they present the sealed consumer, so it is |! | It is necessary to destroy them for access to the product.

Article 104-Civil actions relating to the |! | right to use a geographical indication or denomination |! | registered origin, and those designed to prevent use |! | illegal thereof, shall be exercised by the courts |! | ordinary justice, in accordance with rules |! | laid down in Title X, relating to enforcement.
In the case of geographical indications or |! | registered designations of origin identifying |! | wines and spirits, civil actions |! | When established in the preceding paragraph shall be |! | use a geographical indication or denomination of |! | origin without having a right to use it, or translated, or when |! | "is accompanied by terms such as"kind","type","style", |! |" imitation", or similar ones, and even when is |! | indicate the true origin of the product.

Article 105-Will be sentenced to pay a fine to |! | tax benefit of 25 to 1,000 tax units |! | (mensuales: a) those who maliciously to designate a product of the |! | same kind of protected by an indication |! | geographical or registered designation of origin, without |! | be entitled to do so.
(b) those who, for commercial purposes, use the |! | corresponding to an indication indications |! | geographical or appellation of origin not registered, |! | expired or cancelled, or simulate them. (c) which, for commercial purposes, make use of |! | packagings bearing a geographical indication |! | or appellation of origin registered, without entitlement to |! | use it and unless this has been previously deleted, |! | unless marked packing is intended to be packaged |! | different and not related to those products |! | protecting the geographical indication or designation of |! | origin.
Those convicted according to this article shall be |! | forced to pay for the costs, damages |! | caused to legitimate users of the indication |! | geographical or appellation of origin.
Utensils and items directly |! | used for the Commission of any of the offences |! | referred to in this article and the objects with |! | geographical indications or appellations of origin |! | falsified, they will fall in comiso. In the case of objects |! | geographical indication or designation of origin |! | falsified will proceed to their destruction. In the case of |! | utensils or elements used, will be Faculty of the |! | competent judge deciding his fate, allowing |! | order their destruction or their charitable distribution.
To which withdrawn within five years |! | the application of a fine, is charged another which no |! | It may be less than the previous double and whose amount |! | maximum can reach 2,000 tax units |! | monthly. "."

74) Agreganse the following title X, and the |! | articles 106 to 113, new: "Title X of paragraph 1º Industrial property rights enforcement of civil actions article 106.-the owner whose property right |! |" (industrial sea lesionado podrá demandar civilmente: a) cessation of acts that infringe the right |! | protected.
(b) the compensation of damages.
(c) the adoption of necessary measures for |! | prevent further infringement.
(d) the publication of the judgment at the expense of the |! | condemned, through ads in a newspaper at the choice of the |! | plaintiff. This measure shall be applicable when the |! | ruling thus expressly designate.

Article 107.-Civil actions established in |! | Article 106 shall be handled in accordance with the procedure |! | Summary and correspond to anyone who has interest |! | in deduct them, without prejudice to criminal proceedings than |! | they can be.

Article 108-Compensation for damages can |! | determine, at the option of the applicant, in accordance |! | with the General rules or according to one of the |! | (siguientes reglas: a) the profits that the owner had left of |! | perceived as a result of the infringement;
(b) the profits that the infringer has obtained |! | (como consecuencia de la infracción, o c) the price that the infringer would have had to pay |! | the holder of the right by the grant of a |! | license, taking into account the market value of the |! | rights infringed and contractual licenses already |! | been granted.

Article 109.-without prejudice to other actions |! | referred to in this title, will not respond for any damages and |! | damages people who had marketed |! | products that infringe a property right |! | industrial, except that these same people would have them |! | manufactured or produced, or had marketed them with |! | knowledge that were committing an offence to |! | an industrial property right.

Article 110.-The judge shall have the right |! | to order, in its judgment, that the infringer |! | provide the information it possesses about the |! | people who had participated in the production or |! | development of products or processes matter of |! | infringement, and respect to the circuits of |! | distribution of these products.

Article 111-In these processes, the judge will appreciate |! | the test according to the rules of healthy criticism.

Paragraph 2 of article 112.-the precautionary measures precautionary measures shall |! | in all the matters that say relationship with infringements |! | the rights of industrial property.
Without prejudice to other precautionary measures, the |! | The immediate cessation of acts (Tribunal podrá decretar las siguientes: a) |! | constituting the alleged infringement;
(b) the abduction of the products object of the |! | alleged infringement and of the materials and means |! | they serve mainly to commit it. In the case of |! | distinctive signs, may in addition enact kidnapping |! | containers, packaging, labels, printed material or |! | advertising holding the sign of the alleged motive |! | infringement;
(c) the appointment of one or more intervenors;
(d) the prohibition of advertising or promoting, de |! | Anyway, the reason for the alleged products |! | (infracción, y e) retention, in possession of an establishment of |! | credit or a third, of the property, moneys or |! | values that come from the sale or marketing of |! | These products, in any form.

Paragraph 3 of the preliminary measures
Article 113-May request measures |! | preliminary ruling, that paragraph is precautionary |! | 2nd title x of this law and the measures envisaged |! | in titles IV and V of the second book of the code of |! | Civil procedure. "."

(75) replace paragraph of title VII, which has |! | become XI, by the following: "Title XI article end".