Chile

Country code:

CL

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
National Fund for Scientific and Technological Development (FONDECYT)	National Commission of Scientific and Technological Research (CONICYT)	Chile	FONDECYT is the main public funding instrument for basic research in Chile. It supports individual and group research initiatives regardless of discipline or institutional origin.	The regulation sets no limitations
Development Fund for Scientific and Technological Development (FONDEF)	National Commission of Scientific and Technological Research (CONICYT)	Chile	Applied research projects and technological development of interest to the productive sector or public interest oriented.	The regulation sets no limitations
Scientific Information Program	National Commission of Scientific and Technological Research (CONICYT)	Chile	Line of Action: Bolstering the visibility of Chilean scientific production and measuring its quality and impact. Diversifying the mechanisms of access to scientific information as a component of R+D activities. Designing instruments that will allow the reutilization and management of scientific information and research data.	The regulation sets no limitations
Program for Scientific and Technological Equipment (FONDEQUIP)	National Commission of Scientific and Technological Research (CONICYT)	Chile	FONDEQUIP provides funds – through a system of competitive calls – for acquisitions, updating,and/or access to medium and major scientific and technological equipment that is used in research activities, and also facilitates access to international equipment.	The regulation sets no limitations
Attraction and Integration Program for Advanced Human Capital (PAI)	National Commission of Scientific and Technological Research (CONICYT)	Chile	Makes invitations to internationally renowned scientists to participate and stay at universities where collaborative networks are strengthened, as well as by supporting the employment of new researchers trained in Chile and abroad, both in academic and in national productive sector.	The regulation sets no limitations
Regional Program	National Commission of Scientific and Technological Research (CONICYT)	Chile	Promotion of scientific and technological development of the regions of Chile, through working with regional governments and research centers, according to the needs and priorities identified by the regions for economic and social development.	The regulation sets no limitations
Astronomy Program	National Commission of Scientific and Technological Research (CONICYT)	Chile	National astronomy development.	The regulation sets no limitations
European Union Program	National States Parties involved in entailment and strengthening activities	International	Financing of Projects - support mobility of researchers.	The regulation sets no limitations
Program of International Cooperation (PCI)	National States Parties involved in entailment and strengthening activities	International	PCI's mission is to encourage joining and strengthening international networks, with the goal of integrating Chile’s scientific community into frontier knowledge.	The regulation sets no limitations
Innovación Tecnológica Consorcios		International	This program aims to encourage development of partnerships that create value from the alignment of market needs with technological knowledge through R & D that have long-term applicability and significant impact on the market.	The program co-finances up to 50% of the total amount required (maximum $ 5,000,000,000 Chilean pesos) for a maximum project duration of 10 years. Participants should bring in cash at least 20% of the total project cost.
Environment Program Support for Entrepreneurship and Regional Innovation	Innovation Fund for Competitiveness (FIC Regional) and / or the National Fund for Regional Development (FNDR)	Chile	Activities related to the development of an environment and / or culture for entrepreneurship and innovation, such as courses and workshops in creativity, leadership , business skills, networks of trust, motivational training, integration, negotiation, etc.
Funding by Inter-American Development Bank	Inter-American Development Bank	Regional - Latin America and the Caribbean	The Bank supports its clients in the design of projects, and provides financial and technical assistance services to support knowledge development interventions. It has several priority areas which include: Agriculture, training and employment; Urban Development, Education, Finance, Information Technology, Infrastructure, Integration and Trade, Environment, etc.
Horizon 2020	European Commission	EU EU-other countries	Research activities; Collaboration; Staff exchange; Other.	The conditions and constraints are established. They depend on the type of the action or the specific actions.

Partner search facilities:


Name	Description	Scope	Costs
National Education Council	Calls for research projects; Financial support of numerous research projects on various topics and disciplinary perspectives; Support of the conduct of research, collaborative networking and dissemination of the products emanating from these instances.	Chile	Free of charge
National Contact Points (NCPs)	NCPs are nominated by CONICYT to provide information and advice to the local scientific community regarding participation in the EU’s research and innovation programme Horizon 2020.	Given country - EU	Free of charge

Resources of information:


Name	Description	Costs
PILA - Network of Intellectual and Industrial Property in Latin America	The aim is to create a learning platform for exchanging management practices in respect of intellectual property in Higher Education Institutions in Latin America. With the modernization of management practices in respect of intellectual property in Higher Education Institutions in Latin America, PILA aims to encourage interaction between universities and businesses, thereby contributing to economic and social development.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
National Commission of Scientific and Technological Research (CONICYT)	CONICYT (established under the wing of the Ministry of Education) follows two broad strategic objectives: promoting the training of human capital and strengthening Chile’s scientific and technological base. The present policy of promoting the training of human capital is expressed by a comprehensive policy of training, integration, and recruitment of researchers and professionals of excellence, as well as the advancement of a culture of science in society as a whole, particularly in schools. CONICYT provides resources for competitive funding calls; creates opportunities for coordination and networking; designs strategies for and implements public awareness activities; promotes better access to scientific and technological information; and supports the establishment of a regulatory framework for the appropriate development of science, technology, and innovation.

Legal framework for R&D cooperation:


Name of the agreement	Description
Agreement for scientific and technological cooperation between the European Community and the Republic of Chile	The Agreement creates an institutional foundation for a wide variety of knowledge centered cooperation. Regular meetings of the Steering Committee offer opportunities for developing bilateral policy dialogue and promote, monitor and steer cooperation. The main areas of cooperation under the Agreement have been in the thematic areas of Health; Food, Agriculture, Fisheries and Biotechnology; Environment; Nanotechnology; ICT and Energy.
BIOTECSUR - Agreement between the European Community and MERCOSUR	BIOTECSUR is a MERCOSUR biotechnologies platform and part of the BIOTECH-MERCOSUR-EU project. On 3 November 2005 the ALA/2005/017-350 agreement was signed by the European Community and MERCOSUR. The agreement is intended to promote the consolidation of the regional biotechnologies platform for the development and use of technology applications in the MERCOSUR, in order to increase the added value and competitiveness of its products in international markets.
UNASUR - Consejo Suramericano De Ciencia Tecnología e Innovación	It is the body responsible for developing programs in science, technology and innovation in South America. Regional scope - member states of UNASUR.
Asucion Treaty of 26/03/1991 - Ouro Preto Protocol 16/12/94 - MERCOSUR	Regional - MERCOSUR member states.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Law on Intellectual Property of 1970	no	-
Patents	Industrial Property Law of 2006	yes	National Institute of Industrial Property
Utility models	Industrial Property Law of 2006	yes	National Institute of Industrial Property
Trade marks	Industrial Property Law of 2006	yes	National Institute of Industrial Property
(Industrial) designs	Industrial Property Law of 2006	yes	National Institute of Industrial Property
Geographical Indications	Industrial Property Law of 2006	yes	National Institute of Industrial Property
Know How	Industrial Property Law of 2006	no	-
Plant Breeders Rights	Law on Plant Breeders' Rights of 1994	yes	Agricultural and Livestock Service of Chile
Topographies of Semiconductor Products	Industrial Property Law of 2006	yes	National Institute of Industrial Property

IPRs' databases:


Name of the source	What information can I find?	Language
The databases maintained by the National Institute of Industrial Property	Information on granted patents, rights to industrial designs, trade marks, geographical indications.	Spanish
Latipat	Latipat is an access point for searching public patent documents of Latin America and Spain using the Espacenet platform.	English, Spanish, Portuguese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	The regulations do not set specific limitations.
Patents/Utility models
Industrial Designs
Topographies of Semiconductor Products
Trade Marks	The regulations do not set specific limitations.
Copyright	The following kinds of use do not infringe copyright:	Inclusion of brief fragments of a protected work in the form of a quotation or for the purposes of criticism, illustration, teaching or research; Reproduction, adaptation, distribution or communication to the public of works, for the benefit of persons with visual, hearing or other impairments; Courses taught in institutions of higher education, high schools and schools, may be annotated or compiled in any form by those for whom they are intended, but may not be published without the authorization of their authors; Use by libraries and archives; Reproduction and translation for educational purposes, within the framework of formal education or with the consent of the Ministry of Education, where such acts are performed solely to illustrate educational activities; Use of a work within the family circle, in educational or charitable establishments, libraries, archive centers or museums, shall not be considered communication or public performance of the work, provided that such use is not for profit.	Law on Intellectual Property of 1970, Articles 71B-71D, 71I-71N.

IP Office:


Name of the office	Scope of activities
National Institute of Industrial Property	The institute is responsible for all administrative actions relating to the recognition and enforcement of the protection afforded by registration of industrial property law, accounting, among others, the development, maintenance and custody of the records, annotations and transfers; issuance of certificates; conservation and advertising documentation, as appropriate. It also serves as a consultative and advisory body of the President of the Republic in matters related to intellectual property and report, at the request of the competent authorities, bills and other regulations affecting this material.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	no
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / Inventor
Default (statutory) regime for employee’s creations	Employer (for industrial property)
Ownership of research results in publicly sponsored research	There is no specific rule regulating research funded by public funds, therefore, all intellectual proverty shall be governed by the general rules. Specific rules may be found in some institutions.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	Under general rule (Industrial Property Law, Article 70), HEI shall have the right to apply for the corresponding title and any industrial property rights deriving from the inventive or creative activity of persons hired to engage in dependent or independent work by universities or research institutions. Nevertheless, HEIs are authorized to modify the general system in order to establish specific rules for income distribution. The stipulations in this regard should be reflected in the respective statutes. See examples (last column).
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	Under general rule (Industrial Property Law, Article 70), HEI shall have the right to apply for the corresponding title and any industrial property rights deriving from the inventive or creative activity of persons hired to engage in dependent or independent work by universities or research institutions. Nevertheless, HEIs are authorized to modify the general system in order to establish specific rules for income distribution. The stipulations in this regard should be reflected in the respective statutes. See examples (last column).
Related law (name & link)	Law on Intellectual Property of 1970, Articles 7, 8 Industrial Property Law of 2006, Articles 68-71 Some examples from Universities: Universidad de Chile - Decreto Exento No 0021008 10.9.2007 Universidad Católica de Chile - Reglamento de Propiedad Intelectual de la Pontificia Universidad Católica de Chile Universidad Austral de Chile - Reglamento de Fomento de Propiedad Intelectual de la Universidad Austral de Chile Universidad de Concepción - Reglamento Relativo a los Derechos de Propiedad Intelectual e Industrial de la Universidad de Concepción

Dissemination rules:


Limitations on publication	There is no general system that establishes limitations on publication.
Specific rules regarding publication of scientific results financed by public bodies	There is no general legal regime, so the rule is that dissemination of research findings is free. However, some HEIs have rules that affect dissemination of research results when they may interfere with the requirements provided by the system of patents. Some examples: Universidad Arturo Prat del Estado de Chile - Reglamento del Consejo Editorial y de las Publicaciones - Decreto Exento Nº 192 del 30/05/1990
Non-disclosure clauses in research contracts	There is no general rule governing confidentiality in research contracts. However, it is observed that a large number of HEIs have rules regulating the subject under its internal legislation: Universidad de Chile - Decreto Exento No 0021008 10.9.2007 Universidad Católica de Chile - Reglamento de Propiedad Intelectual de la Pontificia Universidad Católica de Chile Universidad Austral de Chile - Reglamento de Fomento de Propiedad Intelectual de la Universidad Austral de Chile Universidad de Concepción - Reglamento Relativo a los Derechos de Propiedad Intelectual e Industrial de la Universidad de Concepción

Specific incentives for innovation activities:


Related Law (name & Link)	Law No. 20.241 Establishing Tax Incentive for Investment in Research and Development Decree with force of Law 33/81 - Creation of the National Fund for Scientific and Technological Development
Incentives provided by law for individual researchers	Tax Incentives for investment in research and development activities; Resource allocation to programs for scientific and technological research.
Related Law (name & Link)	Law No. 20.241 Establishing Tax Incentive for Investment in Research and Development Decree with force of Law 33/81 - Creation of the National Fund for Scientific and Technological Development
Incentives provided by HEI for researcher	Contract Research Fellowships for Students and Graduates; Equipment Contract Research Grants.

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
There is no centralized national office responsible for the transfer or commercialization of research results. There are different offices in different institutions seeking marketing results.	There are no such rules.	There are no such rules.	There is no centralized national office responsible for the transfer or commercialization of research results. There are different offices in different institutions seeking marketing results.	Law on Intellectual Property of 1970, Article 20 Industrial Property Law of 2006, Article 14

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
There is no general rule on distribution of revenues from exploitation of research results. Each institution has its specific standards.	There is no general rule on distribution of revenues from exploitation of research results. Each institution has its specific standards.	There is no general rule on distribution of revenues from exploitation of research results. Each institution has its specific standards.	Some examples from Universities: Universidad de Chile - Decreto Exento No 0021008 10.9.2007 Universidad Católica de Chile - Reglamento de Propiedad Intelectual de la Pontificia Universidad Católica de Chile Universidad Austral de Chile - Reglamento de Fomento de Propiedad Intelectual de la Universidad Austral de Chile Universidad de Concepción - Reglamento Relativo a los Derechos de Propiedad Intelectual e Industrial de la Universidad de Concepción	Information not available

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Information not available