Chile has made some positive efforts to improve its IPR regime, including the creation of a specialized brigade within the Chilean policeforce to handle IPR crimes. In addition, Chile recently opened a National Institute for Industrial Property to oversee administrative actions related to industrial property, including patents and trademarks. Chile also acceded to the Patent Cooperation Treaty, thus fulfilling a commitment under the U.S.-Chile Free Trade Agreement (FTA). Nevertheless, Chile’s IPR performance continues to fall well below expectations of a U.S. free trade agreement partner.

The United States remains concerned about inadequate enforcement against copyright piracy and trademark counterfeiting. Chile’s Congress continues to consider legislation to implement various provisions of the FTA regarding Internet service provider liability, limitations and exceptions to copyright protection, and enforcement and penalties against copyright infringement. However, certain modifications to the pending legislation should be made in order to bring Chile’s IPR regime into line with its multilateral and bilateral commitments. Several other bills pending before Congress are intended to implement provisions of the FTA, including laws that would ratify the International Convention for the Protection of New Varieties of Plants (UPOV 91) and a law to ratify the Trademark Law Treaty. The United States also remains concerned about inadequate protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products, and urges Chile to provide an effective system to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. While some U.S. pharmaceutical companies have reported positive outcomes in patent infringement cases, the underlying weaknesses in Chile’s legal regime require resolution in order for Chile to fully implement its obligations under the FTA. The United States will continue to work with Chile on the implementation of its IPR commitments in the FTA.

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Chile has made some positive efforts to improve its IPR regime, including the creation of a specialized brigade within the Chilean policeforce to handle IPR crimes. In addition, Chile recently opened a National Institute for Industrial Property to oversee administrative actions related to industrial property, including patents and trademarks. Chile also acceded to the Patent Cooperation Treaty, thus fulfilling a commitment under the U.S.-Chile Free Trade Agreement (FTA). Nevertheless, Chile’s IPR performance continues to fall well below expectations of a U.S. free trade agreement partner.

The United States remains concerned about inadequate enforcement against copyright piracy and trademark counterfeiting. Chile’s Congress continues to consider legislation to implement various provisions of the FTA regarding Internet service provider liability, limitations and exceptions to copyright protection, and enforcement and penalties against copyright infringement. However, certain modifications to the pending legislation should be made in order to bring Chile’s IPR regime into line with its multilateral and bilateral commitments. Several other bills pending before Congress are intended to implement provisions of the FTA, including laws that would ratify the International Convention for the Protection of New Varieties of Plants (UPOV 91) and a law to ratify the Trademark Law Treaty. The United States also remains concerned about inadequate protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products, and urges Chile to provide an effective system to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. While some U.S. pharmaceutical companies have reported positive outcomes in patent infringement cases, the underlying weaknesses in Chile’s legal regime require resolution in order for Chile to fully implement its obligations under the FTA. The United States will continue to work with Chile on the implementation of its IPR commitments in the FTA.

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