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Custom Recordal of IPRs in Chile


Custom Recordal of IPRs
Pursuant to the WTO Agreements on Intellectual Property Rights issues, Chile enacted the Law 19912 on October 24, 2003. Articles contained in Title II of this law set out border measures for the enforcement of IP rights. The law introduced both ex parte and ex officio enforcement actions.
Custom Recordal of IPRs is effective both on the import and export of goods.
The customs intercept counterfeit goods based on the evidence of counterfeit shipments. It receives from the applicant or where it is apparent that the goods are of infringing nature. They are responsible for the detention of the said goods, where after the customs may either release the goods if a criminal action is not filed. In Chile and India, ordinary customs authorities determine whether there is an evident infringement.
IP owners with border measures permit the owners of registered IP rights to request suspension of the release of goods when an infringement of their rights exists or there is a well-founded reason for believing it to exist. Also, the Chilean Customs may act ex officio if infringement is evident.
The ex-parte enforcement option requires the rights holder to submit a written request before a civil court for the suspension of customs clearance of counterfeit goods. Once the court has issued the clearance suspension order, it will notify the regional customs director or customs administrator, who then officially notifies all the customs agencies by email and circular fax, in addition to the assistant oversight department.
The ex-officio measure empowers the Customs to temporarily suspend the clearance of products where it is apparent from an examination that such products are infringing.
The following documents are required:
  • Power of attorney - simply signed
  • Filing an application before the NCA
  • Original registration certificate issued by Trademark Office in Chile
  • Description of the products covered by the said trademark
It is recommended to file images of the product and/or catalogues wherein the trademarks are depicted together with the application papers before the Customs, so that the Customs' employees may be duly informed. It will also be advisable to include information on the official local distributor, or an authorized local firm to avoid inconveniences with the legal importation of products.
The customs department has a centralized system.
No, a written request has to be made.
There is no fee for Custom Recordal in Chile.
Where the customs believe that the goods contained in a consignment, whether imports or exports, are inclusive of infringing material in contravention of the law of intellectual property rights, it may suspend the clearance of goods until the court makes a final determination of the goods.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
10 business days
10 business days
The Customs will inform the rights holder, if the possible violation could be identified, so that it may exercise its right to request the suspension of clearance and corresponding rights, and file a criminal action requesting maintenance of the measure. The Customs can also file a criminal action based on evidence of smuggling.
The suspension of customs clearance is effective only for 10 business days from the date of notification issued by Customs to the rights holder.
Yes, the suspension of customs clearance is effective for only 10 business days from the date of notification issued by Customs to the rights holder. If a criminal action is not filed, the Customs will release the products.
The court may require the submission of other documents to substantiate and establish the authenticity of the allegedly infringing goods.
The Law 19.039 provides for the imposition of fines ranging from $1,800 to $70,000 on any party that attempts, for commercial purposes, to use a trademark that is identical or similar to another trademark that is already registered for the same products, services, or establishments, or in relation to those covered by the registered mark.
Any person committing a second or subsequent offence within 05 years of the imposition of a fine will receive another fine of no less than double the preceding fine.