Introduction

Law 21,045, which was published in the Official Gazette on November 3 2017 created the Ministry of Culture, Arts and Patrimony and reformed the IP Act through the creation of the National Cultural Patrimony Service. The new ministry will be based in Valparaiso and will collaborate with the president on the design, formulation and implementation of public policies, plans and programmes in order to contribute to Chile's harmonious and equitable cultural and patrimonial development with regard to:

  • acknowledging and valuing its indigenous peoples;
  • geographic diversity; and
  • regional and local identities and realities.

Structure of new ministry

Under Article 4 of Law 21,045, the Ministry of Culture, Arts and Patrimony is divided into:

  • the office of the minister of culture, arts and patrimony;
  • the sub-secretary of culture and the arts;
  • the sub-secretary of cultural patrimony;
  • regional ministerial secretaries;
  • the National Counsel of Cultures, Arts and Patrimony; and
  • regional councils.

The ministry's functions under Article 3 of Law 21,045, include:

  • promoting and contributing to the development of artistic and cultural creations, such as visual arts, photography, dance, new media, circus performances, theatre, design, music, architecture, literature, audiovisual and other artistic manifestations;
  • fostering the development of the creative industries and the economy by contributing to the emergence and enhancement of creative entrepreneurships at the local, regional, national and international level;
  • acknowledging and maintaining cultural patrimony, promoting its knowledge and accessing and fostering the participation of persons and communities in the collective memory and patrimonial definition process;
  • promoting and collaborating on the acknowledgment and protection of indigenous cultures through coordination with the public organs competent in protecting indigenous peoples; and
  • promoting the respect and valuation of the various expressions of Chile's folklore and traditional and popular cultures in their various manifestations.

Reform of IP Act

Law 21,045 also introduced the National Cultural Patrimony Service, which replaces the Direction of Libraries, Archives and Museums (DIBAM).

Under the IP Act, the Intellectual Rights Department oversaw the management of the IP Register. However, Law 21,045 has placed the Intellectual Rights Department under the auspices of the National Cultural Patrimony Service.

This change is relevant, as the DIBAM was part of the Ministry of Education and therefore the Intellectual Rights Department was also part of the ministry. Following the recent reforms, all IP matters are now part of the new Ministry of Arts, Cultures and Patrimony.

Nonetheless, industrial property rights are still under the auspices of the National Institute of Industrial Property (INAPI), which falls under the Ministry of the Economy. This means that the separation between intellectual and industrial property has been maintained not only in the public organs dedicated to each sector, but also at the ministerial level.

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For further information on this topic please contact Juan Pablo Zamora ?at Montt y Cia SA by telephone (+56 22 233 8266) or email (juan.zamora@monttgroup.com). The Montt y Cia SA website can be accessed at www.monttcia.com.