Chile is a party to the Patent Cooperation Treaty (PCT).

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 third parties' lawful use of copyrighted works. 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.

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.

Chile has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Chile has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

It is reported that there is an obligation in the country to share passive infrastructure to deliver telecom services to end users. It is practised in the mobile sector and in the fixed sector based on commercial agreements.

Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

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.

Brazil has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Brazil is a member of the System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE), which is based on the principle of mutual recognition (reciprocal acceptance) by its members of test results for obtaining certification or approval at the national level. Pursuant to Resolution No. 715, the Brazilian National Telecommunications Agency (ANATEL; Agência Nacional de Telecomunicações) implements testing requirements for telecommunication products and equipment. Through subsequent implementing acts, ANATEL has reduced the frequency of testing requirements and introduced the use of a declaration of conformity with test results procedures for certain products based on a risk analysis.
However, it has been reported that ANATEL needs to approve products that connect to the public telephone network. This approval process requires in-country testing, not accepting test reports from foreign accredited labs. This is the case with the following products, among others: Network routers with E1 WAN ports; WiFi 802.11a/b/g/n access points; GSM and CDMA cellular phones; network switches; satellite, bluetooth; ZigBee products. Other products need certification by ANATEL. Examples include cell phones, bluetooth headsets, wireless telephones, including DECT systems, antenna systems, digital communication systems, security gateways, and Wi-Fi modules.

Homologation is mandatory for the use and commercialisation of telecommunication products in the country (Art. 55 of Resolution No. 715), and the country accepts third-party certification from Conformity Assessment Bodies from several countries with Mutual Recognition Agreements (Art. 8 of Resolution No. 715).
Act No. 7280, of 26 November 2020 lists and clarifies the type of conformity assessment corresponding to radio frequency emitting telecommunications products. The majority of the products contained in the reference list of telecom products require testing and includes: antennas; energy accumulators (batteries); coaxial cables; optical cables and fibre optics; data transmission cables; telephone cables; chargers for mobile phones and lithium batteries; switching centres; broadcasting equipment; rf equipment (except broadcasting) such as BPL equipment, mobile phones, modems, digital transmitters, and transceivers; optical equipment; data communication equipment; terminal equipment; IP terminal equipment (wireless); telephone wires; protective modules; digital multiplex; rectifier systems; splitters; rectifier units. Act No. 3,939, of 1 June 2021 is the regulation for homologation in Brazil, guiding the necessary steps of the procedure.

According to the guidelines of Act No. 77, of 5 January 2021, when requesting the homologation of the product for telecommunications with ANATEL (Agência Nacional de Telecomunicações), the applicant must present a declaration expressing which cybersecurity requirements the equipment and its supplier meet. There are concerns from the industry regarding the scope and definitions of this Act, including to which products the regulation applies and the lack of reliance on international standards. Among other provisions, it is reported that the Act vaguely mandates the guarantee of appropriate encryption methods.