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Your firm is negotiating a licensing agreement with a Chilean firm that will include sharing your patented information and technology with the Chileans. You have been asked by your supervisor to research and prepare a report on patent protection laws in Chile and the extent to which the laws are enforced. Prepare a memo that includes the requested information and provide references for the sources you consulted.


The import policies of Chile has a generally open trade regime. Chile applies a uniform ad valorem tariff of 11 percent on imports from all countries with which it has not already negotiated free trade agreements. Chile's tariffs are bound at 25 percent ad valorem. However, some significant barriers do exist. Chile's major border measure barriers are in the agricultural sector. Chile maintains a price band system for wheat, wheat flour, vegetable oils, and sugar. This variable tariff system is designed to maintain domestic prices for these commodities within a predetermined band, delaying the impact of changes in international market prices on Chilean producers and consumers. Chile also imposes minimum customs value requirements for imports of agricultural products on occasion, in response to low world prices. Further, imports of used automobiles are prohibited.
While Chile does not generally subsidize exports, it does employ a number of export promotion measures to help non-traditional exports. Chile provides a simplified duty drawback program for non-traditional exports, which does not reflect actual duties, paid on imported components. This program has been determined to be countervailable under U.S. law. Chile’s export promotion measures are primarily intended to expedite and simplify the paperwork involved in the export process. The Government of
Chile also provides exporters with quicker returns of value-added taxes than it provides to other producers. One such export promotion measure lets all exporters...