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How to Invest in Chile: Intellectual Property

InvestChile - January,21,2025

Chile offers a robust, modern framework aligned with international standards to protect innovation, trademarks, and knowledge.

PROPIEDAD INTELECTUAL IDEA COPYRIGHT (1)

Intellectual property is a key pillar in attracting high-value foreign investment. In Chile, a robust regulatory framework, specialized institutions, and clear procedures provide legal certainty for companies and innovators seeking to develop and protect their intangible assets in the country.

This environment positions Chile as a reliable destination for investment based on innovation, technology, and creativity.

In Chile, industrial property rights are regulated by law, and all companies—whether domestic or foreign—must file an application with the relevant institutions when registering a trademark or patent for their products. Depending on the type of protection, applications are submitted to the National Institute of Industrial Property (INAPI) or the Intellectual Rights Department of the Directorate of Libraries, Archives, and Museums (DIBAM), as applicable.

A regulatory framework aligned with international standards

Intellectual and industrial property in Chile is governed primarily by Law No. 17.336 on copyright and related rights, Law No. 19.039 on industrial property, and the international treaties signed and in force in the country.

This regulatory framework enables the protection of intellectual creations, technological innovations, trademarks, and other strategic assets, providing security for both domestic and foreign investors.

Where to register a patent in Chile

In Chile, trademark registration grants territorial protection for 10 years, with the possibility of indefinite renewal.

The procedure includes clearly defined stages, from submitting the online application to INAPI and formal examination, to publication, potential oppositions, and the final decision. To carry out these procedures, foreign investors are required to appoint a legal representative residing in Chile.

INAPI is responsible for invention patents; utility models; registered, collective and certification trademarks; and geographical indications and appellations of origin. DIBAM, in turn, oversees copyright and related rights.

In addition, the Agricultural and Livestock Service (SAG), under the Ministry of Agriculture, is responsible for plant variety protection, while the Public Health Institute (ISP), under the Ministry of Health, handles undisclosed information related to pharmaceutical products. 

How to register a trademark in Chile

The registration procedure for a trademark, appellation of origin, or geographical indication includes the following stages: filing the application, formal examination (the application may be approved or subject to observations), and the final decision, in which the national director of INAPI may approve or reject the trademark registration.

Trademark protection is territorial—that is, valid only within Chile—and temporary, lasting 10 years, with indefinite renewals for equal periods upon payment of the corresponding fee. 

Applications for invention patents, utility models, industrial designs, technical drawings, or layout designs (topographies) of integrated circuits may be submitted online or in person.

The procedure includes obtaining the application forms and technical specifications, a preliminary examination, an opposition period, expert review, final decision and acceptance, and payment of fees and certification.

International patents and global cooperation

Chile is a party to the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO).

This mechanism simplifies the filing of international patent applications and allows investors to protect their developments in multiple countries through a single initial procedure.

INAPI also acts as a Receiving Office and as an International Searching and Preliminary Examining Authority, strengthening Chile’s role in the global innovation ecosystem.

Copyright and the creative economy

Copyright in Chile automatically protects works from the moment they are created, without the need for prior registration. It covers both economic rights—related to commercial exploitation—and moral rights, which are inalienable and imprescriptible.

Registration with the Intellectual Rights Department provides evidentiary advantages and greater legal certainty, which is particularly relevant for the creative, technology, and software industries.

Domain name registration under the .CL extension is managed by NIC Chile, and is available to both domestic and foreign individuals and legal entities. 

A reliable environment for investing in innovation

Chile’s intellectual property system combines legal certainty, specialized institutions, and transparent procedures.

This framework not only protects intangible assets, but also promotes innovation, technology transfer, and the development of knowledge-based industries—key factors for investors seeking growth in a competitive and stable environment.

To find out more about this and other key topics for starting a business in Chile, download the relevant chapter of our step-by-step guide for foreign investment. Other chapters of the guide also provide useful information on employment laws, taxation, and environmental assessments.

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Topics: How to invest in Chile

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