Database

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CHILE

Reported in 2018, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported weak online copyright enforcement
It is reported that online piracy constitutes a substantial challenge for copyright enforcement in Chile, where levels of digital piracy remain high and enforcement efforts have long been regarded as insufficient. Stream‑ripping is said to be particularly widespread; such software enables users to produce unauthorised copies of copyrighted works from legitimate streaming platforms. In addition, stakeholders continue to observe significant levels of piracy facilitated through illicit streaming devices and unlawful internet protocol television applications. Chile has also been urged to strengthen its internet service provider liability framework in order to allow for more effective and expeditious action against online piracy.
Coverage Horizontal

CHILE

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Chile has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CHILE

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Chile has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CHILE

Since January 1991, last amended in March 2005

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Act No. 19,039 on Industrial Property (Ley No. 19,039 de Propiedad Industrial)
Act No. 19,039 provides a framework for the effective protection of trade secrets. Arts. 86-88 refer to trade secrets as business secrets. A trade secret is any knowledge relating to products or industrial processes that, when kept secret, confers on its holder a competitive advantage. In order to claim the protection that the Chilean law grants to holders of trade secrets, it is necessary to meet these three requirements: 1) the information should always remain secret, which means that it should not be generally known or readily accessible to third parties; 2) the information must have trade value –or at least potential commercial value– for the SME, and it should be linked to the fact it is secret; 3) the holder of the trade secret must take “reasonable steps” to protect the information as confidential.
Coverage Horizontal

CHILE

Since July 2020

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Law No. 21.245: Regulation on Automatic Roaming and Mobile Virtual Operation (Ley No. 21,245 - Reglamento sobre Roaming Automático y Operación Móvil Virtual)
According to Art. 26 bis of Law No. 21.245, concessionaires of public telecom services that are assigned rights to use the radioelectric spectrum must allow access and use of their facilities to other public service concessionaires (or concessionaires that are interested in establishing themselves as such) for virtual mobile and automatic roaming operations.
Coverage Telecommunications sector

CHILE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Chile does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CHILE

Since February 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Chile has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CHILE

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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

CHILE

Since July 2003, as amended in December 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Act No. 19.886 about the Administrative Contracts Bases for Supply and Provision of Services (Ley No. 19.886, de Bases sobre Contratos Administrativos de Suministro y Prestación de Servicios)
Pursuant to Article 7.d.1 of Act No. 19.886, “agile procurement” constitutes a procedure through which State bodies may procure goods and/or services for an amount equal to or not exceeding 100 monthly tax units (approx. USD 7.700), following a request for at least three quotations. This form of procurement must be undertaken with small‑scale enterprises and local suppliers. Art. 56 further provides that only where the requesting public body has not received any quotation from a small‑scale enterprise or a local supplier may it select a provider that does not possess those characteristics.
In addition, pursuant to Art. 61, where tenders involve an amount below 500 monthly tax units (approx. USD 38.500), municipalities, regional governments, and territorially decentralised public bodies may establish evaluation criteria that confer priority or preference upon local suppliers situated within the relevant geographical area. Such scores or weightings may not, under any circumstances, be the sole factors considered in determining the award of the most advantageous bid.
Coverage Horizontal

CHILE

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 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 June 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Act No. 20.848 Establishing a Framework for Foreign Direct Investment in Chile and Creating the Respective Organization (Ley No. 20.848 Establece Marco para la Inversión Extranjera Directa en Chile y Crea la Institucionalidad Respectiva)
Act No. 20.848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.
Coverage Horizontal

CHILE

Since December 2022, entry into force in February 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Law No. 21.521 Fintech Law Promoting Competition and Financial Inclusion Through Innovation and Technology in the Provision of Financial Services (Ley No. 21521 Promueve la Competencia e Inclusión Financiera a Través de la Innovación y Tecnología en la Prestación de Servicios Financieros, Ley Fintec)
Under Art. 5 of the Fintech Law, the entry into the Financial Market Commission (CMF) Register of Financial Service Providers is a prerequisite for the provision of technology-based financial services, including (a) crowdfunding platforms, (b) the operation of alternative trading systems, (c) credit and investment advice, (d) custody of financial instruments and (e) order routing and financial instrument intermediation. International businesses providing these services must be domiciled in Chile. Art. 5 mentions some entities exempt from this requirement.
Coverage Fintech sector

CHILE

Since January 1991, last amended in March 2005

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Act No. 19.039 on Industrial Property (Ley No. 19.039 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 fulfil three main requirements: novelty, level of invention, and industrial application.
Coverage Horizontal

CHILE

Since June 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chile is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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