Damages In The Context Of A Chilean Patent System

In the context of a patent infringement, one of the most relevant objectives of the patent owner in the enforcement arena is the eventual damages caused by the infringer. In this context, in Chile the industry property law sets forth that it is possible to file a civil action, before a civil judge, seeking the following goals:

(1) The cessation of the acts infringing the protected right;

(2) Compensation for damages;

(3) Adoption of the measures necessary to avoid the continuation of the offense;

(4) The publication of the decision, at the expense of the party found guilty, by means of inserts in a newspaper to be chosen by the plaintiff. This measure shall apply where the decision expressly so determines.