Chile: Intellectual Property

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This country-specific Q&A provides an overview to intellectual property law in Chile.

It will cover intellectual property rights, licensing, enforcement, establishing infringement or liability, and challenges to intellectual property.

This Q&A is part of the global guide to Intellectual Property. For a full list of jurisdictional Q&As visit http://www.inhouselawyer.co.uk/index.php/practice-areas/intellectual-property/

  1. What different types of intellectual property rights exist to protect: (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how); (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees); (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).

    (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how);
    The Chilean legislation contemplates the protection of patents of invention, divisional applications for those inventions not analyzed in the original application, utility models and industrial secrets.

    The use of divisional applications also applies, as pertinent, to utility models.

    (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
    Chilean legislation considers the protection of word, combined, figurative, sound and certification mark trademarks. Likewise, the law grants the protection of a trademark to propaganda phrases, and commercial and industrial establishments.

    The law also protects the appellations of origin and geographical indications.

    (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
    Chilean legislation also considers the protection of copyrights, database rights, industrial drawings and design rights, layout designs (topographies) of integrated circuits rights and plant varieties.

    The use of divisional applications also applies, as pertinent, to industrial drawings and designs, and to layout designs (topographies) of integrated circuits.

    The protection of confidential information and know-how is achieved through the use of contracts.

  2. What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?

    • Trademarks:
      Trademarks, regardless of their classification, have a protection of ten years from the date it is granted. This period is renewable for another ten years.

      Appellation of origin and geographical indications have an indefinite duration as long as they continue to meet the conditions that have made them worthy of this protection.

    • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      Patents of invention are granted for a non-renewable period of twenty years, beginning from the date of filing (in the case of PCT applications, the period begins from the date of international filing).

      Applications for a utility model are granted for a non-renewable period of ten years, beginning from the date of filing (in the case of PCT applications, it is from the date of international filing).
      The registration of an industrial drawing or industrial design is granted for a non-renewable period of ten years, starting from the filing date of the application.

      The protection of layout designs (topographies) of integrated circuits has a non-renewable duration of 10 years, starting from the filing date of the registration application or the first commercial exploitation from anywhere in the world.

      The breeder of a respective plant variety will have a term of protection of 18 years for trees and vines, and 15 years for the other species, starting from the date of provisional registration of their rights in both cases.

      In the case of divisional applications, the same norms are applied to determine their validity conserving the same priority from the original application. Thus, to determine the validity of the divisional application, it will be under the effective date of the original application.

    • Copyright:
      Intellectual works are protected by copyright for 70 years after the death of the author – or the last co-author, depending on the case -, and for 70 years from the publication of the work in those cases in which the work was created immediately under the ownership of a legal entity.
  3. Who is the first owner of each of these intellectual property rights and is this different for rights created in the course of employment or under a commission?

    • Trademarks:
      In the case of trademarks, the first owner will be the first to register it as such before de Chilean Trademark Office.

      Regarding designation of origin and geographical indications, there is no "first holder of the right", but they can be used by anyone who meets the requirements stipulated in the regulation of use and control that must be presented at the time of requesting the registration of the right.

    • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
      According to the Chilean legislation, the person who has the original right to the invention is the true creator. However, this can be altered by legal or contractual norm; legal in the case of inventions in service and contractual in the case of transfer of ownership rights. Hence, the first owner of patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits is the one who requests and is granted registration, as the right arises with the administrative resolution that grants it; however, who requests the registration must be the original creator or accompany a cession of the inventor (s), unless it is an invention of services, in which case the respective work contract must be accompanied.
    • Copyright:
      In the case of copyright, the works protect the author (s) from the moment of their creation, unless they are created by virtue of an employment contract or provision of services in which it is specifically stated that they are created under the pretext of ownership of someone else. However, there must always be a moral recognition to the natural persons who participated in its creation. Additionally, the law recognizes some cases in which the ownership is of someone other than the author, such as the person who entrusts the creation of a software to a programmer or team of programmers.
  4. Which of the intellectual property rights described above are registered rights?

    Trademarks, designation of origin and geographical indications, patents of invention, utility models, industrial drawings and designs, layout designs (topographies) of integrated circuits, plant varieties.

  5. Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?

    • Trademarks:
      Any person can request the registration of a trademark. This is done through a trademark application before the Chilean Trademark Office, which will make a formal examination and the corresponding observations.

      Once the formal observations of the authority have been resolved, the publication of the trademark in the Official Gazette will be ordered, which opens a period of 30 days for third parties to oppose the application. Once this period has expired, the authority will conduct a substantive examination of the application, which may bring forth new objections for these motives.

      If no oppositions have been filed by third parties and no substantive comments have been issued, the application will be accepted for registration. Otherwise, the applicant is granted a period of 30 days to respond, after which the authority will decide to accept or refuse to register the trademark.

    • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      Any person can request the registration of these rights as long as he is the original creator, has a concession of the natural persons who participated in its creation / invention, or is the institution that owns the invention of service. This is done through a request to the Chilean Patent Office, which will make a formal examination and make the corresponding observations.

      Once the formal observations of the authority have been made, the publication of the respective application in the Official Gazette will be ordered, and a specific period is opened for any interested party to file an opposition against the aforementioned request.

      Depending on the existence of oppositions, the procedure will be contentious or not. In case it is contentious, the applicant may submit a document answering the respective opposition, after which a probationary period will be opened so that both parties can present the documents they deem appropriate. As of this moment, there are not so many differences between the contentious and non-contentious procedures inasmuch as the expert fee must be paid, after which an expert will be appointed to review the application.

      Once the expert has been appointed, office actions will be notified. The office actions can be answered by the applicant to try to overcome the objections raised - and by the opponent, in case the procedure is contentious.

      Once the office actions finalizes, the authority will decide to accept or reject the respective application.

    • Copyright:
      Although the right protects the intellectual creations from the moment of its creation, there is a registry in charge of the Department of Intellectual Rights, which grants a presumption of authorship issued by an administrative authority, which can only be contested through a judicial process.

      The registration process consists of the presentation of an application along with the copy of the work - and the respective transfer or authorization of the original author, if applicable. This is achieved through a request to the Department of Intellectual Rights, which will make a formal examination and make the corresponding observations. If the formal observations of the authority are complied with, a certificate of registration will be granted without the need for a substantive examination.

  6. How long does the registration procedure usually take?

    • Trademarks:
      The process of registering a trademark can take approximately 4 to 6 months. This period may be extended up to approximately 2 years in the event that oppositions are filed or substantive objections are made.
    • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
      The procedure of granting a patent of invention may take approximately between 3 and 4 years. This period may be extended to approximately 5 or 6 years in the event that oppositions are filed or substantive objections are made.

      In the case of a utility model, the process of granting may take approximately between 2 and 3 years. This period may be extended up to approximately 4 and 5 years in the event that oppositions are filed or substantive objections are made.

      Finally, in the case of drawings, industrial designs, layout designs (topographies) of integrated circuits, the registration process may take approximately 1 to 2 years. This period may be extended up to approximately 3 and 4 years in the event of opposition or substantive objections are made.

    • Copyright:
      The process of registering an intellectual work takes approximately 1 to 3 weeks.
  7. Do third parties have the right to take part in or comment on the registration process?

    • Trademarks:
      Yes, third parties with an interest may request the authority to reject a trademark application by filing an opposition action within 30 days following the publication of the trademark in the Official Gazette.
    • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
      Yes, third parties with an interest may request the authority to reject a patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits application by filing an opposition action within 45 days following the publication of the application in the Official Gazette.
    • Copyright:
      No, third parties cannot participate in the process of registering of a work.
  8. What (if any) steps can the applicant take if registration is refused?

    The Industrial Property Law states that in the case of a rejection of an application, the applicant has 15 days to file an appeal, which will be heard by the Industrial Property Court.

    In the case of the registration of an intellectual work, should an application be rejected, the applicant has a period of 10 days to file an appeal for reconsideration, which will be heard by the Intellectual Rights Department. However, in subsidy - in case the rejection is reaffirmed -, the appeal can be heard by the corresponding hierarchical superior.

  9. What are the current application and renewal fees for each of these intellectual property rights?

    • Trademarks:
      The official fees for the application of a trademark are approximately 74 USD for each class requested. Once the application is accepted, the registration fees must be paid, which amount to approximately 148 USD for each class requested.

      In the case of trademark renewals, the renewal fees are approximately 444 USD for each renewed class.

    • Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      The official taxes for the application of a patent of invention / utility models / industrial drawings and designs are approximately 100 USD. Once the registration is accepted, the concession fees must be paid, which amount to approximately 650 USD.

      Chile does not consider annual payments for patents of invention/ utility models / industrial drawings and designs.

    • Copyright:
      The registration in the Intellectual Property Registry will be done after the payment of the following rights calculated in percentages on a monthly tax unit (75 USD approx.):

      1. Engineering projects, architecture and computer programs, 35 % (26.25 USD approx.);
      2. Cinematographic works, 40% (30 USD approx.), and
      3. Any other registration of those considered in this law, 10% (7.5 USD approx.).
  10. What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?

    • Trademarks:
      In the event that the renewal fees are not paid within 30 days following the acceptance of the renewal, the Law provides for a surcharge of 20% of the total to be paid for each tardy month, for up to 6 months. If the fees have not been paid within these 6 months, the renewal is considered abandoned and the trademark expired.
    • Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
      Chile does not consider annual payments for patent for inventions / utility models / industrial drawings and designs.
    • Copyright:
      There is only one registration fee for any intellectual work. There are no renewal payments.
  11. What are the requirements to assign ownership of each of the intellectual property rights described above?

    The transfer of all the intellectual property rights indicated above is carried out through a private contract in which the parties must be identified, and the intellectual asset to be transferred and the price of said transfer must be present.

  12. Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?

    Although the contract for the transfer of all the intellectual property rights indicated above is valid even if it has not been recorded in the margin of the respective registration, it is necessary for the contract to be registered with the respective administrative authority so that it can be opposed by third parties.

  13. What are the requirements to licence a third party to use each of the intellectual property rights described above?

    In the case of all the intellectual property rights indicated above, the license agreement must consist, of at least of one private instrument.

  14. Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?

    The Law requires that the license agreement of an industrial property right to be registered before de Patent and Trademark Office so that it has effects with respect to third parties. Thus, if the license agreement is not registered, it will not be effective against third parties.

    In the case of intellectual property licensing contracts, the Law does not require that they be registered with the Intellectual Rights Department so that it can be effective against third parties, unlike what happens with a concession contract.

  15. Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?

    The difference between an exclusive license on an intellectual asset and a nonexclusive one is given with respect to the obligation of the licensing party not to grant new licenses on the respective intellectual registry or work, but not on the possibility of exercising actions in defense of the respective application, right or intellectual work.

  16. Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?

    • Trademarks / Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      In the case of industrial property assets, articles 28 and 52 of the Chilean Industrial Property Law establish a fine from 1,875 USD to 75,000 USD approximately for those who:

      • maliciously and for commercial purposes use a trademark that is the same or similar to another trademark already registered for the same products or services.
      • use for commercial purposes a non-registered, expired or canceled trademark with the characteristics corresponding to a registered trademark or simulating said indications.
      • make use, for commercial purposes, of containers or packaging bearing a registered trademark without having the right to use it and without the trademark having been deleted. Cases in which the packaging of the trademark is used to package different products and not related to those protected by the trademark are expressly excluded from this conduct.
      • those who maliciously manufacture, use, offer or introduce into the market a patented invention, or import or are in possession of one, for commercial purposes.
      • those who use an object that is not patented, or whose patent has expired or has been canceled, and that uses in said object the indications corresponding to a registered patent of invention or simulating them, for commercial purposes.
      • those who maliciously make use of a patented procedure, for commercial purposes.
      • those that maliciously imitate or make use of an invention with a pending patent application unless the patent is ultimately not granted.

      If a person who has been sanctioned reoffends with the same conduct within the following five years, another fine will be applied that cannot be less than double the amount of the previous one, with a maximum amount of approximately 150,000 USD.

      The criminal actions related to Industrial Property must be initiated by means of a complaint before the justice, the public prosecutor or the police, and the criminal actions will be resolved by the Ordinary Courts with criminal jurisdiction.

    • Copyright:
      There is only one registration fee. There are no renewal payments.
  17. What other enforcement options are available for each of the intellectual property rights described above? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.

    The protection of intellectual property is recognized as a fundamental right by the Political Constitution of the Republic of Chile. Hence, in addition to the aforementioned criminal actions, the owners of an industrial property right or copyright has an active legitimacy to exercise civil actions in order to protect their rights if they are being violated or are violated.

  18. What is the length and cost of such procedures?

    A civil lawsuit for infringement of copyrights or industrial property lasts approximately 1 to 2 years, which can increase up to 2 or 3 years in case of an appeal and / or annulment.

    The filing of actions before the judiciary is free of costs. However, the fees of the judicial receivers in charge of making the notifications and of the experts appointed in the procedure must be paid, when required (in case an expert analysis is requested). In addition, given that the action must be filed by a lawyer, their fees are the main cost associated with filing a claim of this type, which varies depending on the professional concerned.

  19. Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.

    The civil lawsuit for the infringement of intellectual rights must be filed before the Civil Courts of Civil Matters dependent on the Court of Appeals of the residence of the defendant and is resolved in accordance with the rules of the summary procedure.

    Once the claim is deduced, the court cites the parties to the hearing on the fifth business day after the last notification. In accordance with what is stated in this hearing, the court will receive evidence when it deems it necessary, or will summon the parties to hear a sentence. Once the resolution that summons the parties to hear a ruling has been issued, the court has ten days to issue its ruling.

    The sentence can be challenged through an appeal, which will be heard by the corresponding Court of Appeals.

  20. What customs procedures are available to stop the import and/or export of infringing goods?

    Chilean law allows the holder of a copyright or registered industrial property right to request in writing the suspension of the release of the merchandise that violates his rights for a period of 10 days. This request must be filed with the civil court which corresponds to the location of the customs office where the infringing merchandise is presumed to be arriving.

    The suspension of the dispatch of the merchandise can also be decreed ex officio by the customs authority when it is evident from a simple examination that the merchandise is a falsification of a trademark or an infringement of a copyright or patent of invention, among others. In these cases, the authority must inform the owner of the right of the possible infringement.

    Finally, the owner of the industrial right or the injured author must file a complaint or a restraining order requesting that this measure be maintained within the following 10 days as of the notification of the suspension of the dispatch. If it is not presented, the measure will be left without effect.

  21. Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.

    The Chilean laws on Industrial Property and Intellectual Property do not consider alternative procedures for the resolution of disputes concerning industrial or intellectual rights.

  22. What options are available to settle intellectual property disputes?

    Apart from those already mentioned (civil and criminal courts), it is common for the parties on a contract to agree that any type of dispute or disagreement over it is resolved before some type of arbitration. The most common is the Arbitration and Mediation Center of Santiago.

  23. What is required to establish infringement of each of the intellectual property rights described above? What evidence is necessary in this context?

    • Trademark:
      In the case of a civil lawsuit for the unauthorized use of a trademark, it is necessary to prove the knowledge of the defendant regarding the fact of their violation of the rights of a third party. Normally, this can be proven by sending a cease and desist letter prior to the filing of the claim, making the defendant aware of the rights that are being infringed.
    • Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
      In the case of a civil lawsuit for the unauthorized use of Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits, it is necessary to prove the knowledge of the defendant regarding the fact of their violation of the rights of a third party. Normally, this can be proven by sending a cease and desist letter prior to the filing of the claim, making the defendant aware of the rights that are being infringed.
    • Copyright:
      Only a court that is a member of the judiciary can declare the existence of a copyright infringement.

      For purposes of proving the infringement of an intellectual work protected by copyright, it is necessary to accompany evidence tending to demonstrate the ownership or authorship of the corresponding work, the easiest way being to accredit the respective certificate of registration before the Department of Intellectuals Rights. In addition, proof demonstrating the alleged violation must be attached for which all types of evidence are accepted.

  24. How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

    All evidence documents must be provided by the parties for the Court to considered during the period designated for such purpose.
    a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

    • Industrial Property:
      Regarding oppositions and nullities, in the first instance the Patent and Trademark Office, which corresponds to a technical judge, carries out the resolution. However, even though the Industrial Property Court is exclusively dedicated to industrial property matters, the second instance is composed entirely by lawyers, resulting in the request of specialist reports by the parties – or automatically by the court.

      In the case of civil and criminal courts, there are no judges specialized in industrial property, so the parties usually request - or automatically by the court - specialist reports.

    • Copyright:
      Whether in civil or criminal courts, there are no judges specialized in the field of copyright. In general, reports by specialists are usually requested by the parties - or automatically by the court.

    b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

    • Industrial Property:
      Regarding oppositions and nullities initiated before INAPI, the testimonial evidence is excluded. As a result, the main evidence is of a documentary nature, including specialist reports.

      The evidence is analyzed according to the rules of reasoned judgement, which is based on the principles of logic, the maxims of experience and scientifically established knowledge.

    • Civil or Criminal Trial on Intellectual Property:
      In addition to documentary evidence, testimonial evidence is also accepted. According to the Chilean law, it is incumbent upon proving the obligations or their extinction to which they claim or this, in this way, there is no mechanism such as "disclosure" or "discovery" similar to one present in the United States, in the sense of being able to obligate third parties to provide a certain evidence. However, the court may be requested to order precautionary measures, such as the immediate suspension of the allegedly infringing form of exploitation, the prohibition of holding events and contracts on specific property, the retention of allegedly unlawful copies or the appointment of one or more auditors, among others.
  25. How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?

    In Chile, the act of "cross-examination" does not exist, and the evidence must be accompanied to the Court by means of a written document, each evidence having to be sufficiently identified.

    Once the evidence has been presented, the counterparty has the possibility to object the validity of these documents within three days of its notification.

  26. What defences to infringement are available?

    N/A

  27. Who can challenge each of the intellectual property rights described above?

    The ownership of all the intellectual property rights indicated above can be contested by any interested third party. What changes is the procedure and instance in which this can be done.

    In the case of industrial property assets, there is a period to file an opposition claim when the registration application is still pending. Once the registration is granted, it is possible to request its nullity before the same Patent and Trademark Office that granted the registration, based on specific causes indicated by the Law.

    To challenge a copyright registration, it is necessary to file a claim before a civil court, for the purposes of which by means of a declaratory judgment the respective registration shall be rendered null and void. Therefore, it can only be done once the registration has been granted and not during its processing.

  28. When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?

    • Trademarks:
      The ownership of a trademark can be challenged during its registration process within thirty days following its publication in the Official Gazette.

      Likewise, it is possible to challenge a registered trademark by means of a nullity action, which may be filed up to five years from the date of registration. However, in the case of trademarks that have been requested in bad faith, this period is imprescriptible.

    • Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      Ownership of patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits can be challenged during their registration process within forty-five days following its publication in the Official Gazette.

      Likewise, it is possible to challenge patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits already granted through a nullity action, which may be submitted up to five years from the date of its registration.

  29. Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?

    • Trademarks:
      The challenge of a trademark must be requested before the Patent and Trademark Office. The grounds for requesting the nullity of a trademark are the same as ones to oppose its registration (similarity to a trademark already registered, the trademark is generic or descriptive, bad faith, among others).
    • Patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
      The challenge of patents of invention/ utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits must be requested to Chilean Patent Office. The grounds for requesting nullity are the following:

      a) when the person who obtained the patent is not the inventor or its transferee.

      b) when the concession has been based on erroneous or manifestly deficient expert reports.

      c) when the registration has been granted in contravention of the patentability regulations and their requirements, in accordance with the provisions of this law.

    • Copyright:
      The challenge of a copyright registration must be requested before a civil court. The cause for requesting the nullity of the registration is that the owner or author of the work is not (or not all) who was assigned before the administrative authority.
  30. Are there any other methods to remove or limit the effect of any of the intellectual property rights described above, for example, declaratory relief or licences of right?

    The owner of a trademark may request the total or partial cancellation of a registration or application. The partial cancellation is that regarding some of the products or services protected by the right, while the total cancellation contemplates the complete renunciation of the holder on his right.

  31. What remedies (both interim and final) are available for infringement of each of the intellectual property rights described above?

    The Chilean Industrial Property Law establishes that the owner whose right has been damaged may demand the following reparations:

    • The cessation of acts that violate the protected right.
    • The compensation for damages and prejudices. It should be noted that this sanction does not apply in those cases in which the infringing party was not aware of committing an infringement of an industrial right.
    • The adoption of the necessary measures to prevent the infringement from continuing.
    • The publication of the sentence at the expense of the convicted person, by means of announcements in a newspaper of the plaintiff’s choosing. This measure must be expressly indicated in the sentence.
  32. What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?

    It is possible to recover the value of the official fees that the Trademark and Patent Office demands in the appeals process, in the event that the appellant is successful in the procedure.