Enforcement of Intellectual Property Rights: The Chilean Experience

Enforcement of Intellectual
Property Rights:
The Chilean Experience
Luciano Cuervo M.
Senior Economic Advisor
Intellectual Property
Department
General Director of
International Economic
Relations
Ministry of Foreign Affairs
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Implementation
of International
Agreements
Overhaul of the
Intellectual
property System
Enforcement
Measures
TRIPS
US-Chile FTA
EU-Chile FTA
E.F.T.A.-Chile FTA
Australia-Chile FTA
Border
Balanced Intellectual System
Right Holders
Internal
Market
In accordance with our
level and goals of
development
Users
2
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Core Reforms
(www.bcn.cl)
Legal
Copyright Law
(Law Nº 17.336)
Elevation of
Criminal
Penalties and
Fines
Law Nº 19.912
Border
Measures
The
Establishment of
Ex-Officio
Proceedings
Industrial
Property Law
(Law 19.039)
The
Establishment of
Civil Sanctions
Prejudicial and
Precautionary
Measures
Criminal
Procedure
Reform
Oral Hearings
Faster Seizures
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Core Reforms
(www.bcn.cl)
Institutional
Reforms to the
Registry Authority
Creation of INAPI
Overhaul and
Modernization of
the Copyright
Registry
Institutional
Reforms to the
Customs Authority
Creation of
Specialized Police
Units
Resolution
5026/2003
BRIDEPI
Officio N°
19.418/2008
Reforms to the
Ministry of the
Interior
Creation of the
Undersecretary of
Crime Prevention
Creation of the
General Attorneys
Office
Specialized
Prosecutors in
the Field of IP
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
BORDER
ENFORCEMENT
NATIONAL
CUSTOMS
AUTHORITY
IPR
ENFORCEMENT
INTERNAL
MARKET
ENFORCEMENT
MINISTRY OF
THE INTERIOR
Carabineros
de Chile
Policía de
Investigaciones
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
National Customs Authority
(www.aduanas.cl)
Control Sub-Direction
Operations Control Department
Regional Administrative
Directorates
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Carabineros de Chile
(www.carabineros.cl)
Organized Crime Investigations
Unit (OS-9)
Fraud
Embezzlement
Section for Economic Crimes,
Industrial and Intellectual
Property
Tax Fraud
Customs Fraud/Crime
Intellectual Property
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Policía de Investigaciones
(Chilean Civil Police)
(www.investigaciones.cl)
National Economic Crimes
Branch
Intellectual Property Crimes
Brigade (BRIDEPI)
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
General
Prosecutors Office
(www.fiscalia.cl)
Tax Crimes and Fraud
Special Unit for Economic
Crimes and Money
Laundering
Customs Fraud and
Crimes
Crimes to IP
Financial Crimes
98 specialized Prosecutors
in the investigations and
prosecution of economic
crimes
Financial Market
Crimes
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Ministry of the Interior
Undersecretary for the
Prevention of Crime
Control and Sanction Unit
Customs Authority
IP Registries
Private Public Security
Committee
Guilds And Trade Unions
Carabineros
Investigaciones/BRIDEPI
Specific Action Plans
towards the control and
prevention of crime
Municipal Associations
Dirección General de Relaciones Económicas Internacionales
Ministerio de Relaciones Exteriores
Gobierno de Chile
Statistics
Boder Enforcment
/Customs
2.220 Dispatch
Suspensions
11,9 Millions
Articles
231 Million Dollars
Internal Market
Enforcement/
BRIDEPI
2,4 Million Articles
22,5 Million Dollars
256 Suspects
Cases Prosecuted
/ General
prosecutor
40 thousand cases
82% of all
complaints are
prosecuted
45% conviction rate
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
Problems Faced by Chile in
Regards to IP Enforcement
Interagency Coordination
Human, Financial and Physical
Resources
Centralized Information
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
WIPO
BRIDEPI
PDI
NPO
I-2
System
CdeCH
IRS
NCA
General Directorate of International Economic Relations
Ministry of Foreign Affairs
Government of Chile
CONCLUSIONS
Chile has made enormous efforts in
terms of the defense of intellectual
property rights
However, much has yet to be done,
and is an ongoing day to day
process
Thank You Very
Much