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Changes to the Intellectual Property Law: the only thing left is a vote on aspects that protect the property of indigenous communities

During the debate, the Executive Branch showed that it was willing to submit a bill to modify the functioning of patent and trademark courts.

The protection of the property of indigenous peoples is one of the final issues that the members of the Economy Commission will be required to deal with in the context of the debate on the language of the bill that amends the legislation on industrial property that created the National Institute of Industrial Property (Inapi).

CHARITABLE USE

In previous sessions, the legislators cleared a series of highly specialized issues, voting on each of the associated indications. For example, the members cleared the issue of the “charitable” use that could be given to counterfeit goods.

In this regard, Senator Jorge Pizarro, the chairman of this body, explained that “we established exceptional formulas because the rule is to prevent the use of counterfeit goods”.

He noted that many times food products are counterfeit, and in these specific cases they are given a social use, such as charities.

Likewise, the members have also cleared issues pertaining to the new institutional aspects of the Inapi, specifically the creation of subdivisions for the purposes of generating a more modern service, meeting the standards of similar international structures.

Additionally, Senator Eugenio Tuma highlighted the approval of the indication that proposed to increase by one degree the penalty applied to counterfeiting, when the product or good causes harm to health, for example, a dietary supplement.

PATENT AND TRADEMARK COURTS

Another one of the issues cleared is related to patent and trademark courts. “We declared inadmissible an indication that sought to increase – from 3 to 6 years – the tenure of the judges of these courts, but us congressmen do not have the authority to request it.

The intention was to provide continuity to the judges’ work, as many cases are delayed due to fragmentation”, noted Senator Tuma.

For this same reason, he noted that the Executive Branch was willing to review the submission of a law bill that would completely modify this court, so as to hasten its functioning. “We must review how this justice is being served, but goes beyond the jurisdiction of this Commission”, noted Senator Tuma.

INDIGENOUS PEOPLES

One of the last issues of the indications regards the protection of the properties of indigenous peoples. They seek to safeguard the elements and assets of these communities that have an emblematic nature.

The objective was to prevent plagiarism of traditional brands and knowledge, such as the kultrun instrument. Now, if a private individual seeks to register a product associated with these peoples, it must do so in favor of the latter.

In the last session, the members debated on which traditional knowledge should be subject to protection. During the following days, the members will vote on other related matters. Once this phase has concluded, the Treasury Commission – prior to its being reviewed by the Chamber – will analyze the text.

Source and Photo: República de Chile Senado

Carmen Sánchez-Puelles