Chile
IP & IT
copyright 1997 Donald M. Cameron , Aird & Berlis; updated April, 1997
Contents
Copyright
Chilean Copyright Law, No. 17336, expressly provides that software is protected by copyright.
Creation of a work vests copyright ownership in the author, unless the work was made under a labor contract, or requested by a third party, in which case the copyright is owned by the party who ordered the work.
There is no deposit requirement however deposit is useful as evidence of the creation date.
Software-Related Patents
Statutes
The Chilean Industrial Property Law, law number 19,039 enacted September 30, 1991, Title III relates to Patent of Invention. Article 31 provides that an invention is any solution of a technical problem that originates in an industrial activity. An invention constitutes proper subject matter under Article 32 so long as it includes industrial applicability. Article 37(a) prohibits patent protection to discoveries, scientific theories and mathematical methods. Article 37(c) prohibits patentability of economic, financial, commercial systems, methods, principles or plans of simple verification and supervision and those referring to purely mental or intellectual activities or to games. As a result of these provisions, it is generally considered that patent protection is not available for software.
Regulations
There are no regulations that deal specifically with the patentability of software.
Case Law
There is no case law that deals specifically with the patentability of software.
Chip Protection
Chile has not yet put in place GATT/TRIPS provisions so there is no mechanism for protecting layout designs for integrated circuits.
Endnotes
Acknowledgements
Thanks to Rodrigo Cooper C. of Estudio Arturo Alessandri, Amunategui 277, Piso 3, Santiago, Chile
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