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Carey | March 2020

COVID-19 and the restrictions to freedom of movement this sanitary emergency has entailed have substantially accelerated the implementation of telework by companies in Chile and worldwide ...

Carey | May 2023

The latest reforms to Law No. 19,496 Consumer Protection Act, introduced mainly by the "Pro-Consumer" Law and the E-Commerce Regulation, will force companies to be more vigilant in the 2023 version of CyberDay. During the event, which will be held from May 29th to 31st, the National Consumer Service ("SERNAC") will be supervising that companies comply with their e-commerce obligations ...

Carey | March 2020

From a commercial perspective, the main challenge for insurance companies and insureds has been to determine whether events such as pandemics, epidemics, economic losses due to quarantines, etc. in connection with Covid-19 are covered or not by their insurance policies ...

Carey | December 2022

On December 5, 2022, the Supreme Court issued the Supreme Court resolution No. 258-2022 regulating the criteria for the authorization of exceptional operation of the courts, as regulated in Articles 47 D and 68 bis of the Organic Code of Courts. The approval of the Courts of Appeals for the exceptional operation may become effective as of December 12, 2022, which may be extended for a period of one year, extendable for one more year without the need for a new request ...

Carey | February 2022

On January 25, 2022, Law No. 21,412 (hereinafter, the "New Law") entered into force, which amends: (i) Law No. 17,798 on Arms Control; (ii) Law No. 18,216 which establishes alternative penalties to custodial or restrictive sentences; (iii) the Criminal Procedure Code; and (iv) Law No. 20,393 on Criminal Liability of Legal Entities ...

Carey | March 2023

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 ...

Carey | March 2023

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 ...

Carey | March 2023

In virtue of the economic growth and opportunities provided by electronic commerce and the importance of frameworks that promote consumer confidence, Chapter 14 of the CPTPP regulates “electronic commerce” ...

Carey | March 2023

Chapter 18 of the CPTPP devotes an entire section to copyright and related rights. In this regard, the Treaty regulates the following matters: Recognition of rights of reproduction, communication to the public, distribution and related rights ...

Carey | March 2023

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 ...

Carey | August 2016

On July 5, 2016 the Chilean Congress enacted Law No. 20,931 (“Anti-crime Agenda”), strengthening the prosecution of robbery, burglary, theft and willfully or negligently receiving or possessing stolen goods. The Chilean Criminal Code sanctions any individual who knowingly or negligently possesses, transports, buys, converts or trades goods proceeding from theft, robbery, embezzlement and/or cattle theft. Negligent behavior can also be prosecuted ...

Carey | July 2020

On June 30th, the following Resolutions issued by the Corporation for the Promotion of Production (“CORFO”, for its Spanish acronym), were published in the Official Gazette: Resolution Nº36. By means of this Resolution certain coverage programs were temporarily modified within the State of Constitutional Exception of Catastrophe due to public calamity ...

Carey | June 2020

On June 11, 2020, Resolution No. 29/2020 (“RES 29”) of the Chilean Economic Development Agency (“CORFO”), which approved the regulations that will govern the “Green Credit” program, was published in the Official Gazette. The RES 29 aims to endorse the investment in renewable energy projects during the economic contingency arising post Covid-19. (https://www.corfo.cl/sites/cpp/sala_de_prensa/nacional/10_06_2020_corfo_crea_credito_verde) ...

Carey | August 2023

General aspects The Chilean Agency for Economic Development (Corporación de Fomento de la Producción - "CORFO") has announced a series of amendments to its venture capital investment fund financing programs: Early Technological Stages Fund ("FET"), Early Stages Fund ("FT"), and Development and Growth Fund ("FC"). The most significant changes approved by CORFO are listed below, distinguishing between amendments common to all programs and those specific to each one ...

Carey | April 2020

Resolution 849 of the Department of Cooperatives of the Ministry of Economy, Development and Tourism recently published, allows credit cooperatives under the supervision of the same, to refinance up to three installments in the payment of credits if they are delayed for terms of less than 30 days. since the publication of said resolution, on April 6, 2020. New credits or amendments may not be treated as such, for purposes of their rankings and provisions ...

Carey | March 2020

Covid-19 has had an impact on ongoing consumer contracts and their relations with suppliers. The rapid spread of the virus led the authorities to declare State of Disaster in the country, raising concern about the (i) fulfillment of consumer contracts of goods and services and (ii) an eventual price manipulation ...

Carey | June 2023

The Ministry of Economy published the new proposal to update the Regulation on consumer information on mortgage loans (Decree No. 42 of 2012), which improves consumer understanding of financial information and promotes the comparison of products offered by financial institutions ...

Carey | October 2023

Following the route set out in the ongoing constitutional process and taking into consideration the draft prepared by the Expert Commission and the amendments presented during the respective discussion in the Joint Commission, the Constitutional Council approved yesterday, the Preliminary Draft of the New Constitution ...

Carey | July 2023

On June 14, 2023, the National Congress approved the bill that creates the Biodiversity and Protected Areas Service and the National System of Protected Areas (the "Bill"). The purpose of the Bill is the conservation of biological diversity and the protection of the national natural heritage through the preservation, restoration and sustainable use of genes, species, and ecosystems ...

Carey | October 2023

On October 11 of this year, the Chamber of Deputies approved in the third constitutional procedure the amendments proposed by the Senate to the bill that strengthens the financial system and its infrastructure (the "Bill"). These improvements relate to five general issues, which we examine below: Repurchase agreements market (REPOs) The REPO market in Chile has not had the expected development due to uncertainties in the applicable insolvency legislation ...

Carey | March 2022

On March 21, 2022, Congress approved the bill of law entitled: "Requires the execution of a contract, in the terms indicated, between Professional Sports Corporations and athletes who are part of the National Women's Soccer Championship" ...

Carey | January 2023

On January 17, 2023, the Senate approved the that sought to postpone the entry into force of the amendments introduced to the Mining Code by Article 10 of Law 21,420 (the "Bill 15,511-08"). This concludes the legislative process of Bill 15,511-08, as the House of Representatives had already approved this bill on January 5, 2023. Now, the initiative will be sent to the President of the Republic for its promulgation and subsequent publication in the Official Gazette in order to be enacted ...

Carey | August 2020

On August 18, the Chamber of Deputies and the Senate approved a bill introduced by the government on June 25, which establishes the emergency plan to promote economic recovery and employment. Although in its first phase, the project was modified and approved by the Chamber of Deputies, and rejected by the Senate, the new proposal submitted by the Joint Commission was approved in its entirety by the Congress ...

Carey | June 2021

On June 10, 2021, the National Congress approved the bill that establishes new tax measures to support micro, small and medium-sized companies in the context of the crisis generated by Covid-19. The bill, which is awaiting the final formalities of enactment and publication, includes the following tax measures: Temporary reduction of the penal interest rate for SMEs from 1 ...

Carey | August 2020

On Tuesday, August 18, the Congress approved a bill that contemplates several tax measures in order to inject liquidity and promote economic reactivation (the "Bill"). Among other measures, the Bill grants the possibility to Corporate Tax taxpayers who declare effective income according to complete accounting, to instantly depreciate 100% of the value of new or imported fixed assets acquired between June 1, 2020 and December 31, 2022 ...

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