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When a cease and desist letter doesn't stop a competitor from copying your registered product, Chilean law gives you civil and, in some cases, criminal avenues to enforce your design rights. Our team at Brealant guides you through the formal infringement and enforcement process.
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Legal Definition of Design Infringement
Infringement occurs under Ley N° 19.039 when a third party makes, sells, imports, or otherwise commercially exploits a product reproducing a design that's identical or confusingly similar to your registered design, without authorisation.
Purpose and Function of Enforcement Action
Formal enforcement — through civil courts, and in appropriate cases criminal complaints or customs measures — lets you stop ongoing infringement and seek compensation for the harm already caused.
Protecting Your Product
Because a Chilean design is enforceable immediately from grant, having already passed substantive examination, you're in a strong position to pursue formal action when informal steps aren't enough.
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Contact
Reach out to Brealant about the ongoing infringement, including any earlier correspondence already sent.
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Search
We review your registration, the infringing product, and the evidence available to support formal action.
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Quote
Receive a staged service quote covering the enforcement route that fits your situation.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the civil action, criminal complaint, or customs recordal, as appropriate.
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Wait
The relevant authority — court, prosecutor, or Servicio Nacional de Aduanas — processes the matter; timing varies significantly by route.
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Response
You receive the outcome — a court decision, settlement, or customs seizure of infringing goods.
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In Chile, formal design enforcement generally follows evidence-gathering, a choice of route — civil action for cessation and damages, a criminal complaint for wilful infringement, or a customs recordal to intercept infringing imports — and then pursuing that route through to a result. Choosing the right combination for your situation is the clearest way to stop the infringement effectively.
Persistent infringement that survives a cease and desist letter needs a credible follow-through, or it can undermine your position with other infringers too. Brealant assesses the strongest available route — civil, criminal, or customs-based — before recommending formal action.
Formal enforcement is powerful, but it has real limits
Time and Cost
Civil proceedings in particular can take a significant amount of time and involve substantial professional costs.
Burden of Proof
You must prove both ownership of a valid registration and the infringing party's unauthorised use.
Novelty Can Be Challenged
A defendant in infringement proceedings may counter-attack by challenging the validity of your registration.
Criminal Threshold
Criminal remedies generally require a higher threshold, such as wilful conduct, and aren't available for every infringement.
Cross-Border Limits
Chilean enforcement action stops infringement within Chile; separate action is needed for infringing activity in other countries.
Brealant gives you a realistic view of the likely timeline, cost, and prospects for each available route before you commit.
Pursuing formal enforcement protects
Your Market Exclusivity
Stopping ongoing infringing manufacture, sale, or import of the copied product.
Your Financial Recovery
The ability to seek damages for losses caused by the infringement, where a civil action succeeds.
Your Border Protection
Customs recordal can intercept infringing shipments before they reach the Chilean market at all.
Your Deterrent Effect
A track record of following through on enforcement discourages further copying by other market participants.
Brealant helps you choose, and pursue, the enforcement route best suited to your circumstances.
Enforcement timing depends heavily on the route chosen
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Evidence Gathering
Brealant compiles proof of your registration, the infringing product, and the scale of the infringement.
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Route Selection
We recommend the most effective combination of civil, criminal, or customs action for your situation.
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Filing & Process
The chosen action is filed and proceeds through the relevant court, prosecutor, or customs authority.
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Resolution
The matter concludes through a court decision, settlement, or, for customs recordal, the interception of infringing goods.
Customs recordal can begin intercepting shipments within weeks of being recorded, while a contested civil action can take a year or more to reach a final decision.
Costs vary significantly depending on the route pursued
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Civil filings, criminal complaints, and customs recordal each carry their own modest official costs, which Brealant confirms upfront for your chosen route.
Professional fees scale with the complexity and duration of the action, and are quoted in stages so you control your ongoing commitment.
Brealant gives you a realistic view of the likely timeline, cost, and prospects for each available route before you commit.
Whether your matter resolves through negotiation, a court decision, or a customs seizure, Brealant continues to monitor for further infringement and can move quickly if the same or a related infringer resurfaces.
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A cease and desist letter is an initial demand; formal enforcement means pursuing civil, criminal, or customs action through the relevant Chilean authority when a letter alone doesn't resolve the matter.
Yes, a successful civil action under Ley N° 19.039 can result in an order to cease the infringement and compensation for the harm caused.
Yes, recording your registered design with Chile's Servicio Nacional de Aduanas allows customs to intercept and detain suspected infringing shipments.
In appropriate cases involving wilful infringement, criminal remedies can apply alongside or instead of civil action — Brealant advises on whether this route fits your situation.
We assess the scale and nature of the infringement, the evidence available, and your commercial priorities, then recommend the most effective and proportionate combination of civil, criminal, or customs action.
The registered owner, and often an exclusive licensee with the owner's authorisation, can pursue civil infringement proceedings under Ley N° 19.039.
Civil proceedings commonly take a year or more to reach a final decision, depending on the complexity of the evidence and whether the outcome is appealed.
Your registration certificate, a visual comparison showing the infringing product copies the protected design's overall appearance, and evidence of the infringer's sales or offering.
Yes, Chilean courts can grant precautionary measures to halt infringing activity while a civil action proceeds, which Brealant can request where the evidence supports urgency.
Yes, we act as local counsel and coordinate the entire process — from evidence gathering to customs recordal and litigation — for owners based anywhere in the world.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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