Excerpt from 2004 USTR 301 Report
CHILE
The U.S.-Chile Free Trade Agreement (FTA) entered into force on January 1, 2004. The intellectual
property chapter of the FTA provides high levels of protection appropriate for the digital age, including
non-discriminatory treatment for U.S. software, music, text, and motion pictures. Protections for U.S.
patents, trademarks, and undisclosed information obligate Chile to conform its IP laws and enforcement
practices to advanced standards. The FTA includes important protections for Chilean writers, singers, and
software developers, specifically ensuring that they will continue to reap the rewards of their creativity in
the digital realm. In late 2003, two sets of amendments were made to the copyright law to implement
TRIPS and the FTA. However, some substantive IPR deficiencies remain, and enforcement continues to
be irregular. Copyright piracy is still quite high and indeed has increased slightly in recent years, as
digital piracy becomes more prevalent. In addition, the United States was very disappointed with the
registration of several pharmaceutical products that appear to infringe validly issued Chilean patents. We
expect these issues to be resolved through Chile's implementation of the FTA and look forward to
following Chile's progress in meeting its commitments. Upon full implementation of the U.S.-Chile Free
Trade Agreement, we would expect to re-evaluate Chile's Special 301 status