Law No. 21,838 Establishes Rules On Technology And Knowledge Transfer

1. Technology and knowledge transfer

The Law facilitates the use of research results beyond academia by promoting collaboration among higher education institutions, research centers and companies, the licensing of technologies, and the creation of companies to commercially develop such results. Where public funding is involved, the Law promotes equitable access to and the ethical use of these technologies.

2. Science- and technology-based companies

Higher education institutions may create or participate in science- and technology-based companies (“STBCs”), i.e., companies whose primary purpose is the commercial exploitation of technologies, patents, intellectual and industrial property rights, or other research and development results generated by universities, science and technology centers or companies, or through collaboration among them.

The Law regulates the participation of institutions and their academic staff in these companies, ownership of the rights associated with the relevant technologies, and the distribution of benefits. It also establishes transparency requirements, authorization procedures and measures to prevent conflicts of interest. In the case of public institutions, agreements with STBCs require formal approval and external oversight.

Transactions involving STBCs must comply with institutional rules, and information regarding their ownership, participation and financial interests must be published and updated at least every six months. Non-compliance may be sanctioned as a serious infringement, or as a very serious infringement where the conduct is deliberate. In addition, the Law relaxes certain administrative restrictions that currently prevent academic staff and employees of public universities from participating in these companies, subject to prior authorization and internal rules on integrity and conflicts of interest.

3. Open Science and access to research results

The National Research and Development Agency (“ANID”) will manage a National Repository of Scientific and Technological Knowledge and Information, which will be publicly accessible free of charge. Individuals participating in research that is wholly or partially funded with public resources must deposit their publications and research data in institutional repositories or ANID’s Repository. The State and higher education institutions will also promote open access to scientific publications, data and code.

4. Protection of results funded with public resources

The results of projects funded with public resources may be protected through industrial property rights or trade secrets. If no protective measures are adopted and no intention to do so is expressed, such results will enter the public domain and may be disseminated through the National Repository. Any application for protection must be reported to ANID, and the results must be communicated to the participating researchers. In the case of works created as part of publicly funded research, the economic rights belong to the legal entity whose employees created them, unless otherwise agreed in writing.

5. Entry into force

The Law will enter into force on March 1, 2027. Any pending regulations must be issued within six months following that date.