On January 26, 2023, Law 21,536 was published in the Official Gazette, thus enacting it as law of the Republic. Law 21,536 postpones the entry into force of the amendments introduced to the Mining Code by Article 10 of Law 21,420. The effective date of Law 21,536 is the same as its publication ...
The Financial Market Commission ("CMF"), as part of the implementation process of Law No. 21,521 ("Fintech Law"), on February 3, 2023 published General Rule No. 493 ("NCG 493"), which establishes the procedure and requirements to apply for registration in the Registry of Financial Service Providers (Registro de Prestadores de Servicios Financieros, the "Registry"), created by the Fintech Law ...
On January 30, 2023, the Commission for the Financial Market ("CMF") approved an amendment to the Stock Market Regulation applicable to Issuers Exempt from Registration with the CMF, corresponding to the “ScaleX Santiago Venture Exchange” section of the Santiago Stock Exchange ("ScaleX") ...
On February 20 of this year, the Public Health Institute (hereinafter "ISP"), approved through Exempt Resolution No. 401/23 the technical guide for the sanitary registration of allergens with the purpose of establishing the guidelines and requirements for the sanitary registration of these products (the "Guide") ...
On February 20 of this year, the Public Health Institute (hereinafter "ISP"), approved through Exempt Resolution No. 405/23 the technical guide on homeopathic products with the purpose of providing the guidelines and requirements for the request of the sanitary registration of these pharmaceutical products in order to provide complete and updated information that supports the quality, safety and efficacy of these products (the "Guide") ...
On Tuesday, February 21, 2023, Decree Nº318/2022 of the Ministry of Foreign Affairs was published in the Official Gazette, enacting the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP), which has entered into force as of that date. The treaty seeks to promote the economic integration of the parties, generating a common framework for trade policy, government procurement, intellectual property, electronic commerce, investment, among others ...
On Tuesday, February 21, 2023, Decree Nº318/2022 of the Ministry of Foreign Affairs was published in the Official Gazette, enacting the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP), which has entered into force as of that date. The treaty seeks to promote the economic integration of the parties, generating a common framework for trade policy, government procurement, intellectual property, electronic commerce, investment, among others ...
18.71 Duty to establish procedures for the enforcement of IP rights The treaty establishes a duty to improve, streamline and simplify procedures aimed at preventing and prosecuting intellectual property infringements. 18.72 Presumptions regarding IP rights A duty is incorporated in order to extend to related rights the presumption of ownership already contemplated in our legislation for intellectual works ...
Chapter 8: Technical Barriers to Trade This chapter provides rules to facilitate trade by eliminating unnecessary technical barriers, improving transparency, and promoting greater regulatory cooperation. It applies to the elaboration, approval and application of technical regulations, standards, conformity assessment procedures and trade authorization for pharmaceuticals, cosmetics and medical devices ...
Among the main aspects regulated by the CPTPP in terms of trademarks, domain names and patents, the following should be considered: Recognition of non-traditional trademarks and collective and certification trademarks The Treaty states that the fact that a sign is visually perceptible shall not be a condition for the registration of a trademark, and the possibility of registering sound and olfactory marks is contemplated ...
On March 3, 2023, the Court of Appeal of Santiago granted a constitutional petition for protection (“recurso de protección”) filed by a bookstore chain against the Municipality of Santiago for not adopting adequate and effective measures to prevent the installation of street vending in Ahumada Street ...
The Chilean Institute of Industrial Property (INAPI) has recently announced the possibility to apply to a program for fast-tracking patent’s and utility model’s applications, provided that said applications relate to technical solutions capable of impacting the environment positively ...
On April 10th, 2023, the Congress approved a bill that reduces the workday weekly limit from 45 to 40 hours (Bill N°11.179-13). This bill, however, includes multiple and important amendments to the working hour and rest regimes, amongst which we can highlight the following: Reduction of the ordinary working hours limit The duration of the ordinary working hours will be reduced from 45 to 40 hours ...
On April 20th, 2023, President Gabriel Boric announced the guidelines of the National Lithium Strategy, through which the Government seeks to promote the lithium exploitation by the Chilean State (by means of State-owned companies or in association with private entities), to generate value-added lithium products and investment in technology and research ...
On April 18, 2023, the Financial Market Commission ("FMC") opened a public consultation process regarding the complementary activities that may be developed by bank or non-bank payment card operators ("Regulatory Proposal"), given the incorporation of new participants into the payments system, as a consequence of the implementation of the four-party model ...
On April 19th 2023, Law No. 21.553 which regulates paid passenger transportation applications and the services provided through them was published in the Official Gazette. The Law includes important provisions regarding the protection of consumers of passenger transportation services, making the sphere of protection of Law No. 19.496 - Consumer Protection Act ("CPA”), applicable to the contracts entered by passengers with the platforms of transportation application companies ("TAC") ...
On April 24, 2023, the Chamber of Representatives received bulletin No. 15864-13, containing the bill that proposes the adjustment of the minimum monthly income (i.e. minimum salary), which immediately passed to the Labor and Social Security and the Finance Committees of said Chamber. Currently, the bill of law has an urgency status for immediate discussion ...
On April 26th, 2022, the Senate unanimously approved in particular (first constitutional procedure) the Bill that establishes a Framework Law on Cybersecurity and Critical Information Infrastructure. As a result, the legislative proposal passed to the second constitutional procedure waiting to be discussed by the Chamber of Deputies ...
On May 9, 2023, a new law was enacted, which aims to improve the prosecution of drug trafficking and organized crime, regulate the destination of assets seized in such offenses and strengthen rehabilitation and social reintegration institutions (the “New Law”). Among the main changes introduced by the New Law regarding the prosecution of drug trafficking are: (i) the increase of penalties for the offenses established in Law No ...
On May 7th, 2023, it was held the election of the members of the Constitutional Council, the body in charge of preparing the Proposal for a New Constitution based on a preliminary draft that is currently being prepared by the Expert Commission. According to the election results, the Constitutional Council will be composed of 51 members, politically distributed as follows: 23 elected members representing the Partido Republicano (right-wing political party) ...
