CHILE - PATENT LAW Edited by GRAIN February 1998

History: On 30 September 1991, Chile enacted a new industrial property law. Among other things, the new law created a special Court of Appeal which deals with plant breeders' rights cases.

Membership: WIPO, Paris

Provisions until now: The 1991 patent law excludes plant varieties and animal races from protection.

Changes to conform to TRIPS: A new draft law is being studied by the Ministry of Economy to raise Chilean legislation to TRIPS standards. UNCTAD estimates that the Government of Chile will need to spend at least USD 1.5 million to bring its intellectual property apparatus up to par with the requirements of TRIPS. PLANT VARIETY PROTECTION History: In September 1994, the Congress passed a new law on Protection of Plant Varieties, thus strengthening the provisions that existed since 1977.

Membership UPOV: Chile was admitted to the Union in January 1996 under the terms of the 1978 Treaty.

Provisions: Double protection is outlawed. Farmers privilege exists.

SOURCES: - Sergio Escudero, "Achieving Effective Protection to IPRs", APEC Industrial Property Rights Symposium, Tokyo, August 1996. - Walter Jaffé and Jeroen van Wijk, The impact of plant breeders' rights in developing countries: debate and experience in Argentina, Chile, Colombia, Mexico and Uruguay, IICA/University of Amsterdam, 1995. - UNCTAD, The TRIPS Agreements and Developing Countries, UNCTAD, Geneva, 1997.