The LegalFácil Guide to Intellectual Property Law in Chile: Domain Names

/, English @en, Intellectual Property Law in Chile, Legal Fees, NIC Chile, The LegalF/The LegalFácil Guide to Intellectual Property Law in Chile: Domain Names

The LegalFácil Guide to Intellectual Property Law in Chile: Domain Names

Domain names in Chile are granted and regulated by the Network Information Center (NIC Chile, www.nic.cl), the Chilean chapter of which was founded by, and remains official a part of, the Universidad de Chile.

Only “.cl” is available as a top-level domain from the NIC Chile.  (So, for example, “.com.cl” or “.org.cl” do not exist.)

Applying for a domain name through the NIC Chile is relatively easy for foreigners.  On the NIC Chile home page, you can do a search to see if your desired domain name is already taken.  To register a domain name, you must enter some basic personal information accompanied by a Chilean or foreign ID card number (such as an international passport number) and the domain name your are requesting.

The fees are $20.50 for 1 year, $39.00 for 2.  You can renew your domain name indefinitely, with renewal periods and prices ranging from 1 year ($20.50) through 10 years ($163.39).

Once you apply for your domain name, it is announced on a public page, and a 30-day period begins during which anyone may apply for the same name.

If someone does for the same name, both parties must go to mediation, where each will have to explain why she is the rightful owner.  If both have legitimate rights, the domain is awarded to the one who applied first.  If there is disagreement, the parties must go to arbitration, which takes place before an arbitrator named by NIC Chile.

Trademark rights are taken into consideration, but they are not the only criterion for determining domain name rights.  Essentially, what matters is that the owner of the domain name is using it legitimately in good faith and not infringing on anyone else’s rights.  Having a trademark helps, of course, and will add weight to your argument for rightful ownership, but it will not necessarily be enough to oppose or annul someone else’s rights if the other party has a legitimate claim of their own.

There are no laws explicitly against cybersquatting in Chile.

About the Author:

Leave A Comment