Chile

Please contact our LAM-office for more information about our services in Chile:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca
latinamerica@react.org


Chile is located is South America. It has common borders with Peru to the north, Bolivia to the north-east and Argentina to the east. The ports of Arica and Iquique in the north of Chile are more than 2,000 kilometres from the capital city Santiago. These are important points of entry for large shipments of counterfeit goods coming from counterfeit manufacturers based in Tacna (Peru). It is common practice for these counterfeit goods to be transported from Peru for sale in Chile or resale in Bolivia and Paraguay.

Our services in Chile

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)

Country Procedures

  • Customs application available
  • How long is a Customs application valid until the registered trademark remains valid
  • No Simplified procedure
  • Customs will not act ex officio
  • Deadline for response to Customs notification of detention is 5 days
  • Once Customs issues the resolution ordering the retention of goods, IPR holder files the complaint and the investigation instance is opened, the importer can submit his defence
  • Local authorities tasked with taking criminal action against infringers are the Police, Prosecutor and Court
  • Remedies available under law: fine, confiscation, disqualification for business, imprisonment, closure, etc.
  • Proof of knowledge of counterfeiting in principle not required; ill intent and commercial use is required
  • Interim injunctions, contributory liability remedy, damages and costs are all available