– Legal Recognition of Geographical Indications and Appellations of Origin (Law No. 19.996 of March 2005), amended by Law No. 21.355, in force as of May 9, 2022.

– Same as for “Trademarks“.

Definitions: Geographical Indications are indications which identify a good as originating in the territory of the State, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Appellation of Origin are indications which identify a good as originating in the territory of the State, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin, keeping in consideration other natural or human elements having an influence on the characteristics of the good. 

Applicant: any natural or legal person, which represents a significant group of producers, manufacturers, craftsmen, whose factories or farms are established in the territory corresponding to the GI or AO. 

Kind of right: registration. 

Not registrable: (a) GI or AO which do not satisfy the respective definition; (b) GI or AO contrary to morality or public order; (c) common or generic denominations of products; (d) GI or AO which are identical or similar to a prior registered GI or AO for the same product; (e) GI or AO which can mislead the consumers in connection with the origin of the GI or AO; (f) regarding the attributions of the products that are intended to be protected; (g) GI or AO which are common or generic indications in connection with the corresponding product, being understood as such those considered as known by the experts in the matter or by the public in general, excepting they have been recognized as GI or AO by international treaties ratified by Chile; (h) that graphically, phonetically or conceptually resemble, in such a way that they may be confused with other distinctive signs previously applied for or registered, in good faith, for identical or related goods or services; (i) that they are graphically, phonetically or conceptually similar in such a way as to create confusion with an unregistered distinctive sign which is actually and effectively being used prior to the application for recognition by a third party who would have a better right to obtain registration, provided that the indication or denomination has been applied with respect to goods identical or related to the goods or services for which the distinctive sign has been used by such third party; (j) which constitutes the total or partial reproduction, imitation, translation or transcription of a trademark, appellation of origin or geographical indication well known in Chile, in the relevant sector of the public, whether registered or not, and whatever the goods for which the sign is applied for, when its use, in relation to the required goods, is liable to cause confusion or to mislead or deceive as to the origin of the product, or if there is a risk of associating the GI or AO applied for with the owner of the trademark, AO or GI that is well known or constitutes unfair exploitation of the reputation thereof, including dilution of the distinctive force thereof, provided that such registration or its subsequent use is likely to damage the interests of the owner of the trademark, AO or GI that is well-known.

Foreign GI or AO registration: allowed. The protection in Chile is bounded to the protection in their countries of origin. 

Duration of the protection: unlimited.

Cancellation: when the registration has been granted in violation of the rules of the law or the GI or AO lose such condition due to the losing of a requirement.

Infringement: civil and criminal actions.