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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

Reported in 2013, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
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.
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

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
"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":"112007"},{"post_id":"112008"},{"post_id":"112009"}]
"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  |  Indicator 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 (%)
81.91%
Coverage: ICT goods

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

BRAZIL

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
In August 2024, Ministry of Finance Ordinance No. 1,086/2024 repealed the USD 50 customs exemption for international postal consignments exchanged between individuals. Art. 2 expressly repealed Art. 1(2) of Ministry of Finance Ordinance No. 156/1999, which had established the exemption. Therefore, Brazil does not implement any de minimis threshold.
Coverage Horizontal

BRAZIL

Since November 2008

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Resolution of the Internet Steering Committee No. 2008/008/P (Resolução do Comitê Gestor da Internet No. 2008/008/P)
Foreign companies can register a domain ".br" after the conclusion of a special registration, which requires a local legal representative and a declaration that the company will establish activities in Brazil within 12 months from the registration, according to Art. 6 of the Resolution of the Internet Steering Committee 2008/008/P.
Coverage Horizontal

BRAZIL

Since August 2009

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Resolution of the Director's Board of the National Agency for Health Surveillance No. 44/2009 (Resolução da Diretoria da Agência Nacional de Vigilância Sanitária No. 44/2009)
Online pharmacies must have "com.br" or "far.br" domains. Moreover, according to Art. 53.2 of Resolution of the Director's Board of the National Agency for Health Surveillance 44/2009, Internet pharmacies are permitted in Brazil only if the Internet pharmacy is the website component of a licensed Brazilian brick-and-mortar pharmacy,
Coverage Online pharmacies

BRAZIL

Reported in 2022, last reported in 2025

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Reported enforcement of local representative requirements
In recent years, Brazilian courts have issued several high‑profile decisions requiring foreign technology companies to appoint a local representative. The most notable cases are the following: (1) in 2022, when a proposed ban on Telegram did not ultimately take effect after the platform swiftly complied with judicial orders to designate a local legal representative; (2) in 2024, when the Supreme Court ordered the blocking of X due to its failure to appoint a domestic representative, a measure later lifted once the company adhered to the Court’s ruling; and (3) in 2025, when the Supreme Court similarly ordered the blocking of Rumble on the basis that the platform had not designated a local representative.
Coverage Social media platforms

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