Problems relating to Trade and Investment on Chile
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Infiltration of Counterfeits Goods | - Inflow of counterfeits forms a great obstacle for local sales and distribution in Chile. In addition, should quality problems result from counterfeits, it would damage the MFS reputation, apart from sales also. As such distributors dealing in counterfeits could be tied to mafia and crime organization such as mafia narcotic dealers, daring busting is risky and difficult to take. | - It is requested that GOB: -- tightens its water's edge clampdown, -- invigorates clampdown upon counterfeits, -- develops campaign, etc. to exterminate counterfeits. |
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| (Action) - In "USTR Special 301 Report of 2015," Chile remains in the Priority Watch List. - Chile participated in "Operation Pangaea", in association with Interpol, WCO, Police, Customs, and private enterprises from 10-South American Countries. |
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| (2) Copying for Private Use | - Private copying of music CD to PC is very common. Also, such copying from PC to mobile audio recorder/player, recording of the broadcasting programs for time-shift viewing, rerecording to Smartphone, and copying of the book into tablet are seen in regular, daily level. In light of the fact that such action cannot be considered as being harmful to the copyright holder, the copyright granted to the copyright holder should be eased to allow the above common practices. However, we should take into account of the fact that there are countries where such practices are considered illegal, and it is insufficient that partial easing of the conducts in legal basis is not sufficient. |
- It is requested that GOC takes step to restrict the copyright in the practical manner reflecting the reality. | - No provisions for permitting private copying. |
| (3) Copyright Protection Period | - While one thought relies on the EU/U.S. based international streams, both of which, however, have been prompted by the respective unique domestic needs: In the case of the U.S., the protection of the movie industry, and EU, the formation of the single market, both which were incapable of completion without taking substantial time. On the other hand, Japan fails to see any needs for prolonging the protection period. If anything, maintenance of copyright for "50-years after the end of life" should be appropriate, in the burgeoning Asian contents industries geared toward PRC/Korea, etc. Extension of copyright protection period to "50-years beyond life" means a delay by a few decades to make the copyrighted work public, forming the base of next creative work. It leaves a question as to its propriety. Should grant of the utility licence become more difficult than now, the industry, going hand in hand with the contents industry, will get its impact, not only now but also into the long future. In this regard, thanks to the provisions under doctrine of fair use, etc., the U.S., are, in effect, balancing to a degree between protection of copyright and use of copyrighted materials, whereas only the negative impact remains in Japan where no equivalent provisions are made into law. What impact could it give on the extended copyright protection between the result in the protection of copyright and its utility, and in the same perspective, if there are issues that Japan needs to demand other countries over the issues such as restricted rights, etc. These are some of the additional issues Japan needs to address over the optimum balance between copyright protection and its utility. The same applies equally to the overall tightening of protection of other rights incorporated into TPP, to ascertain, if there are issues Japan must require other countries, while seeking the optimum balance between protection and utility. (The same applies equally, in the context of the total reinforcement of protection of the other rights incorporated into TPP). Incidentally, in Europe, extension of the protection period, i.e., the copyright on live performance, recording, and measures to reduce dead contents are being incorporated. |
- It is requested that GOC maintains the copyright protection period for 50-years after the end of life. | - Countries permitting Copyright Protection for 50-years after the End Of Life: New Zealand, Vietnam. Brunei, Malaysia - Countries permitting Copyright Protection for 70-years after the End Of Life: the U.S., Australia, Singapore, Chile and Peru. - Wikileak Document QQ.H.4.X - 1 of 30 August 2013 The U.S. seeks introduction of Statutory Damage for copyright under TPP. - EU/Korea 10.50.2, 10.50.3 - The U.S./Korea 18.10.6 - The U.S./Peru 16.11.9 - The U.S./Chili 17.11.9 - The U.S./Columbia 244.2 |
| (Action) - On 15 October 2015, 13-countries including Chili agreed in Principle on Trans Pacific Partnership Agreement (P-TPP). In "Chapter 18 Intellectual Property", it provides the Period Protection of Copyrighted Materials (including Movies), live performance, or recorded materials as follows: (a) on the basis of the life of a natural person, the term shall be not less than the life of the author and 70 years after the author's death; (b) on a basis other than the life of a natural person, the term shall be: (i) not less than 70 years from the end of the calendar year of the first authorised publication of the work, performance or phonogram; or (ii) failing such authorised publication within 25 years from the creation of the work, performance or phonogram, not less than 70 years from the end of the calendar year of the creation of the work, performance or phonogram. |
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