Understanding Chile’s Intellectual Property Law 17.336
Ignorance is No Excuse
Many individuals are unaware of the legal requirements surrounding intellectual property in Chile. Law 17.336 establishes penalties for violations, including imprisonment (61 to 540 days) and fines ranging from 5 to 50 tax units. This applies to software, regardless of personal or commercial use. Unauthorized software copying is a public action crime, meaning anyone can file a complaint.
Chapter II: Violations and Penalties
Article 78
Violations are punishable by fines from 5 to 50 monthly tax units. The same penalty applies to regulatory contraventions.
Article 79: Crimes Against Intellectual Property
The following are punishable by imprisonment and fines:
- Unauthorized use of protected works (Article 18).
- Unauthorized use of protected performances, productions, and broadcasts (Part II).
- Falsifying protected works, fraudulent publishing, or malicious alteration of content.
- Requiring payment for copyrighted musical works without proper documentation.
- Counterfeiting or adulterating a form of execution.
Article 80
- Falsifying sales figures (Article 50) is punishable under Article 467 of the Penal Code.
- Commercial reproduction, distribution, or sale of unauthorized phonograms, video recordings, films, or software is punishable by imprisonment, increased for repeat offenders.
Article 81
Publishing works of common cultural heritage under a false author’s name is punishable by a fine. The complainant may request a sales ban.
Article 81 Bis
Liability exists for those who knowingly induce, enable, facilitate, or conceal copyright infringement by:
- Removing or altering rights management information.
- Distributing such altered information.
- Distributing copies with altered rights management information.
Article 81 Ter
Performing the acts described in Article 81 Bis is punishable by imprisonment or a fine.
Article 81 Quater: Rights Management Information
This includes:
- Identification of the work, performer, producer, or owner.
- Terms and conditions of use.
- Related numbers or codes.
Article 82: Damages
The court may order:
- Delivery, sale, or destruction of infringing copies or manufacturing information.
- Seizure of proceeds.
The court may also suspend sales and distribution during proceedings.
Article 83
The court may order publication of the sentence at the infringer’s expense.
Article 84: Public Action
Popular action is permitted, with the complainant entitled to half the fine.
Article 85
Copyright or related rights breaches are handled swiftly by the Highest Judge of Civil Amount.