A General Overview of the Chilean Intellectual Property Landscape in 2025

Diego Acuña Domínguez

IP expert @ Latin America IP SME Helpdesk / CEO and Co-founder at BRANDLEX. 

In 2025, Chile offers EU SMEs a combination that is relatively uncommon in the LATAM region: a stable, open economy and a mature intellectual property (IP) system, together with a wave of new trade and technology rules that are reshaping the way rights are used and enforced. For European companies, the country is an interesting destination as a market, where good preparation and informed legal advice can make a very real difference.

1. EU - Chile trade agreement modernization

A central development for European stakeholders is the entry into force of the EU-Chile Interim Trade Agreement (ITA) on February 01, 2025. The ITA updates and replaces the trade pillar of the 2002 Association Agreement, moving both partners into a more modern framework. For businesses, the agreement has 03 main consequences:

• Customs and origin procedures. The ITA introduces self-certification of origin through the EU’s Registered Exporter (REX) system, based on “statements on origin” issued by exporters. This replaces the previous certificate system. In practice, the change simplifies procedures once internal processes are in place, but it does require companies to review their documentation and compliance workflows.

• Stronger Geographical Indication (GI) protection. More than 200 EU GIs receive reinforced protection in Chile. At the same time, Chilean GIs and appellations of origin (such as Limón de Pica, Aceitunas de Azapa and Sal de Cáhuil) obtain recognition in the EU. This is particularly relevant for agrifood and beverage companies, where GIs are often at the core of branding and market positioning.

• Clearer rules for origin-linked branding. The upgraded GI and origin rules create a more predictable environment, but also raise the stakes in terms of due diligence: SMEs need to check whether their trademarks or product descriptions could conflict with protected GIs on either side.

2. Institutional framework

Industrial property in Chile is administered by the National Institute of Industrial Property (INAPI). It examines patents, utility models, industrial designs, trademarks, GIs and layout designs, and also acts as both Receiving Office and International Searching and Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation Treaty (PCT). In recent years, INAPI has become known for the following features that are especially important for SMEs:

• Digital procedures. Filings and most interactions are fully electronic, which reduces delays and offers transparent tracking.

• Reasonable timelines. The average patent examination time is around 2.6 years, a figure that compares favorably with many other offices worldwide.

• Growing use of the system. In 2024, Chile exceeded 4,000 patent applications for the first time, and international PCT filings by Chilean residents grew close to 30% compared with the previous year. This signals an innovation system that is increasingly active and outward-looking.

• Further strengthening its commitment to international standards, INAPI promoted Chile’s accession to four key international classification treaties in 2024 (Nice, Locarno, Vienna, and Strasbourg Agreements), to ensure that Chilean examination reports use the same standardized nomenclature as their EU counterparts, significantly streamlining the filing process for multinational applicants and reinforcing INAPI’s role as an internationally harmonized office.

3. Trade marks, Madrid System and origin-linked signs

Trade marks in Chile are governed by Industrial Property Law No. 19.039, substantially modernized by Law No. 21.355. The reform broadened the range of protectable signs (including non-traditional marks such as sounds and 3D shapes), strengthened opposition and cancellation mechanisms, and introduced a specific criminal offence for trademark counterfeiting with clearer penalties and pre-established damages. For EU SMEs, several points stand out:

• Madrid Protocol. Since 2022, Chile has been part of the Madrid System, allowing European businesses to designate Chile through a single international application and Chilean companies to seek protection abroad more easily.

• Improved timelines. INAPI has made a strong effort to reduce backlogs, and many unopposed applications move from filing to registration in well under a year.

• GIs and quality signs. In parallel with the ITA, Chile has promoted domestic origin-linked signs through programmes such as the “Sello de Origen”. This creates opportunities for partnerships with local producers, but also calls for careful clearance when choosing brand names and packaging.

Taken together, these elements make Chile a straightforward jurisdiction in which to secure and manage brand rights, provided that EU SMEs map existing rights and GIs before entering the market.

4. Copyright, AI, and neurorights

Copyright and related rights are regulated in Chile by Law No. 17.336. Registration is not mandatory for protection, but voluntary registration before the national copyright office remains a common practice to create evidence and facilitate enforcement. The most dynamic discussions at present concern artificial intelligence and neurotechnology:

• A draft AI Regulation Bill presented in 2024 proposes a specific exception for text and data mining of protected works for AI training when the use is not directly aimed at exploiting the underlying content. For European rights holders, this is an important signal: Chile is seeking to support AI development while still recognizing the legitimate interests of authors and producers. The exact balance is still being debated.

• The Chilean copyright office has clarified that purely AI-generated content, without sufficient human creative input, does not qualify as a copyright “work” and cannot be registered. Where AI is used as a tool, and a human author makes original creative choices, the result may be protected. This is broadly in line with the emerging practice in many jurisdictions.

• Chile is also a pioneer in the recognition of “neurorights”, having introduced constitutional guarantees on the protection of mental integrity and brain data. While not strictly part of IP law, these rules are highly relevant for companies working with brain-computer interfaces, neurological data or advanced biometric systems.

For EU SMEs, the key message is that Chile is actively shaping its approach to AI and sensitive data. Projects involving AI training, access to large datasets or neurotechnology should be structured with both IP and fundamental-rights aspects in mind.

5. Enforcement and practical considerations

Enforcement of IP rights in Chile is functional but still developing, particularly in the online environment. Right holders have access to civil and criminal remedies, and border measures allow customs to act against infringing goods. Recent legislation has strengthened the fight against trademark counterfeiting and improved tools to tackle certain forms of signal theft and piracy.

However, there are still some areas where further progress would be beneficial, such as:

• more explicit rules for the liability of online intermediaries,

• more agile procedures for dealing with structurally infringing websites, and

• stronger, more consistent action against large-scale digital piracy.

For EU SMEs, the enforcement strategy is key: combining administrative actions, civil claims, contractual clauses, and cooperation with local authorities and platforms tends to be more effective than relying on a single tool.

6. Conclusions and takeaways for EU SMEs

Overall, Chile in 2025 offers EU SMEs: a relatively predictable institutional framework, an efficient and increasingly digital IP office, a modernized trade relationship with the EU, and an active legislative agenda on AI, data, and neurorights.

At the same time, the country’s evolving regulatory landscape means that “copy-and-paste” strategies from Europe are unlikely to be sufficient.  In practical terms, EU SMEs considering Chile would be well advised to:

• file early for trade marks, patents, and designs, making use of Madrid and PCT where appropriate;

• review their product names and branding against EU and Chilean GIs protected under the ITA;

• structure AI-related and data-driven projects with the emerging Chilean rules; and

• seek guidance from specialized IP advisors and available EU support services, including the Latin America IP SME Helpdesk, before and during market entry.

With these precautions, Chile can be approached as a solid platform from which to develop and scale IP-intensive business models across Latin America.