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CHILE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Chile is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CHILE

Since August 1970, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Act No. 17,336 - Intellectual Property Law (Ley de Propiedad Intelectual)
Chile has a copyright regime under Law No. 17,336. However, the exceptions do not follow the fair use or fair dealing model, and therefore limit the lawful use of copyrighted works by third parties. Title III lists the exceptions, including the reproduction of; lawfully published works, which are made for the benefit of persons with visual, hearing or other disabilities; works of architecture by means of photography, cinema, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education; among others.
Coverage Horizontal

CHILE

Since January 1991, last amended in March 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Act No. 19,039 Industrial Property Act (Ley de Propiedad Industrial)
Art. 2 of the Industrial Property Act states that natural or legal persons residing abroad must designate a proxy or representative in Chile to file a patent application. A patent must be registered with the National Institute for Industrial Property (INAPI). An application should be filed before the invention is disclosed to the public. A prior foreign application can be invoked in Chile, within a certain period of time. The patent must fulfill three main requirements: novelty, level of invention, industrial application.
Coverage Horizontal

CHILE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Chile is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal

CHILE

Since September 2004, last amended in October 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 250 Approves Regulation for Supply and Provision of Services Contracts (Aprueba Reglamento sobre Contratos Administrativos de Suministro y Prestación de Servicios)
According to Art. 67 of Decree No. 250, the tendering agency may establish the obligation to constitute a company of Chilean nationality or an agency in case a foreign company wins a public tender.
Coverage Horizontal

CHILE

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"43022"},{"post_id":"43023"},{"post_id":"43024"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CHILE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
80.32%
Coverage: Digital goods

BRUNEI

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Brunei has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BRUNEI

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Brunei has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

BRUNEI

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BRUNEI

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Brunei lacks a comprehensive framework for consumer protection that applies to online transactions. However, the country have partial laws in place namely the Consumer Protection (Fair Trading) Order 2011, and the Electronic Transactions Act (2008).
Coverage Horizontal

BRUNEI

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 296.
Coverage Horizontal

BRUNEI

Since March 2015

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal

BRUNEI

Since April 2006

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Telecommunications Order, 2001 (​S 38/2001​)
The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years but it is necessary to inform AITI for any changes in the product regardless of how minor they are and whether they might not affect previous declaration/certificate [Section 9].
Coverage Telecommunication, radiocommunication and satellite equipments

BRUNEI

Since 2006

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import and Export Procedures
Any company that wishes to engage in importing or exporting or transiting of goods in Brunei Darussalam must be registered with Royal Customs and Excise Department (RCED) or appoint a Customs Agent (Forwarder) who are already registered with the RCED.
Coverage Horizontal

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