Negotiated payment, or bribe?
13 July 2011
The UK, Russia and China have new laws on bribery and other countries are increasing enforcement. But when do they affect IP, or even a nice client lunch? Local lawyers give their views
Chile
1. Legitimate payments and bribes
The line is very clear about payments. Only legitimate payments established in the corresponding licence, assignment or similar agreement are acceptable. Although illegitimate payments to third parties are not strictly considered bribes in terms of applicable criminal liability (if they are not made to government officials), other charges such as fraud or crimes involving privately held companies or individuals may apply. There could also be possible conflicts with the Chilean Bar Association Ethical Code of Conduct in cases involving local agents or legal counsel. ...
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