The authorization of the use of a protectable works by a third party in the Chilean Intellectual Property Law

Alfredo Sierra, Bernet Páez Manuel Antonio

Research output: Contribution to journalReview articlepeer-review

Abstract

The purpose of this article is to examine how the Chilean Intellectual Property Law regulates the authorization as a mean by which the author allows a third party to exploit his or her work. To accomplish said purpose, we review the manner in which it should be granted, that is, whether it must be explicit or if implied authorizations are also valid. Then, we focus on specifying what the minimum content that this authorization should fulfill is. Both issues are entirely relevant from a practical perspective, since there is ambivalence in recent Chilean Supreme Court decisions about the manner in which the authorization must be granted by the copyright holder and, also, concerning its essential elements. In this article, we propose that the Chilean Intellectual Property Law only allows for explicit authorizations, which must comply, at least, with the content prescribed in article 20, subsection 2 therein.

Translated title of the contributionThe authorization of the use of a protectable works by a third party in the Chilean Intellectual Property Law
Original languageSpanish
Pages (from-to)107-132
Number of pages26
JournalRevista Chilena de Derecho y Tecnologia
Volume8
Issue number1
DOIs
StatePublished - 2019

Bibliographical note

Publisher Copyright:
© 2019 Universidad de Chile. All rights reserved.

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