智利工业产权法
CHILE Industrial Property Law]
Law No. 19.039 of January 24, 1991
ENTRY INTO FORCE: September 30, 1991
Title I General Provisions
Sec. 1.
This Law contains the provisions applicable to industrial titles and the protection of industrial property rights. Those titles include trademarks, patents, utility models, industrial designs and any other titles of protection that may be established by law.
Sec. 2.
Any person, whether natural person or legal entity, Chilean or foreign, may enjoy the industrial property rights guaranteed by the Constitution, having previously to procure the relevant title of protection in accordance with the provisions of this Law. Natural persons or legal entities resident abroad shall, for the purposes of this Law, appoint an agent or representative in Chile.
Sec. 3.
The processing of applications, the grant of titles and other services relating to industrial property shall be the responsibility of the Department of Industrial Property, hereinafter referred to as "the Department", under the Ministry of Economic Affairs, Development and Reconstruction.
Applications may be presented in person or by an agent.
Sec. 4.
When an application has been accepted for processing, publication of an extract therefrom in the Official Gazette [Diario Oficial], in the manner established in the Regulations, shall be mandatory.
Sec. 5.
Any interested party may file an objection to an application with the Department within a period of 30 days reckoned from the date of publication of the extract.
The period indicated in the preceding paragraph shall be 60 days in the case of an application for a patent.
Sec. 6.
Following the period specified in the preceding Section, the Head of the Department shall order the making of an expert report on an application for a patent, utility model or industrial design, in order to verify that it meets the conditions laid down in Section 32, 56 or 62 of this Law, as appropriate.
Sec. 7.
In procedures relating to patents, utility models and industrial designs, the applicant shall be given a transcript of any opposition in order that he may assert his rights within a period of 60 days. Such period shall be 30 days in the case of trademarks.
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