Module 4: IPR in Chilefor EU Smes

QUESTIONNAIRE

Module 4: IPR in Chilefor EU SMEs

1. According to the International PropertyRightIndex,Chile:

a)Is one of the weakest countries in the region in terms of Intellectual Property.

b)Is a weak country in terms ofhigh-tech and medium-high-tech outputs.

c)Is the leading country in the region in terms of Intellectual Property.

1. INAPI (InstitutoNacional de Propiedad Industrial) is competent:

a)For the registration of the whole range of Intellectual IP Rights.

b)For the registration of the whole range of Intellectual IP Rights, except Plant Varieties and Copyright.

c)For the registration of Trademarks, Industrial Designs, Integrated Circuit Designs, Geographical Indications, Appellations of Origin and Utility Models, but not for Patents.

1. Among the International Treaties:

a)Chile ratified the UPOV 91 Convention for Plant Varieties protection

b)Chile is part of the PCT, but it is not a contracting party to the Madrid System (Trade Marks), nor The Hague Agreement (Designs)

c)None of the above.

1. Which of these statements is correct?

a)Chile has a strong innovative culture but due to the lack of legal certainty innovation is not properly protected.

b)Public initiatives together with a strong innovative culture had boosted innovation in Chile making Chile a friendly environment for innovation and entrepreneurs.

c)One of Chile´s main strengths is its innovation efficiency.

1. What is the duration of a computer program owned by a company?

a)70 years from the date of publication.

b)All the lifetime of the author and 60 years after the author´s demise.

c)All the lifetime of the author and 70 years after the author´s demise.

1. When registering an Intellectual Property Right:

a)Foreign applicants must always appoint a local legal representative.

b)Foreign applicants need to appoint a local legal representative except for Copyright works registration.

c)Foreign applicants do not need to appoint a local legal representative, except for computer programs registration.

1. According to Chilean regulation, the duration of a Utility Modelis:

a)20 years from the filing date.

b)10 years from the granting date.

c)10 years from the filing date.

1. Which of these statements is correct?

a)In Chile it is possible to get a Patent without a previous Patentability Exam (“soft-patent”).

b)The Examination Fee of a Patent is included within the Application Fee.

c)It is mandatory to pass the Patentability Exam to get a Patent in Chile.

1. If an invention is disclosed before the patent application date:

a)It would be rejected for lack of novelty.

b)It could be patented, provided that it was disclosed by the inventorwithin the previous 12 months since Chilean Law provides for a 1-year grace period.

c)It could be patented, as long as the disclosure took place in a PCT signatory country.

1. With regards the patentability requirement:

a)Patents must be new, inventive and have industrial applicability, while Utility Models must be new and have industrial applicability.

b)The analysis of the inventive step is less demanding in case of Utility Models.

c)Both Patents and Utility Models must imply an inventive step and have industrial applicability.

1. Industrial Design protection lasts:

a)10 years from the filing date.

b)25 years from the filing date.

c)10 years from the filing date, with the possibility to renew it for 3 additional periods of 5 years.

1. What type of trademarks can you register in Chile?

a)Word, figurative and combined trademarks.

b)Any sign capable to be graphically represented.

c)Word, figurative and combined trademarks, plus sound marks, but not other non-conventional trademarks.

1. If you want to register your trademark in Chile to protect products indifferent classes from Nice Classification:

a)You just need to file a single trademark application.

b)It is not possible to protect products from different classes under the same trademark.

c)You can apply for a one-class trademark registration for each class of products intended to protect.

14. The duration of a trademark in Chile is:

a)10 years from the filing date.

b)10 years from the filing date, but it can be indefinitely renewed for consecutive ten-years periods.

c)10 years from the granting date, but it can be indefinitely renewed for consecutive ten-years periods.

1. Which statement is correct?

a)The requirement to register a European Geographical Indication is that the GI is in use both in Chile and its country of origin.

b)A technical study, a map, a copy of the Use and Control Regulations and information about the acquired reputation must be submitted.

c)Both a) and b)

ANSWERS TO QUESTIONNAIRE M04 (CHILE)