PRACTICE AREAS

  • Patents
  • Trademarks
  • Domain Names
  • Copyrights
  • Trade Law

Patents


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  • Registration of Patents, Utility Models and Industrial Designs. We manage applications for the registration of these privileges, both in Chile and abroad and through the PCT system.
  • Study of the State of the Art. Legal and technical report that pronounces on the novelty of a patent of invention, utility model or industrial design, also in the case of a patent, refers to the requirement of inventive step.
  • Defense of the opposition to a patent application. In the event that a third party opposes the registration of your invention, utility model or design, we prepare and process the corresponding defense.
  • Response to expert reports. Our team of experts will prepare a technical report, based on which we will answer the observations made by the Inapi expert.
  • Patent surveillance. We work together with an expert's office that will monitor your invention, informing you of any application that may affect your rights, both during the processing of the patent application and once it has been granted, avoiding the granting of rights that affect yours.
  • Payment of Annuities. We manage the payment of maintenance fees for a patent, utility model or industrial design.
  • Transfers and Licenses. We take care of the drafting of the contract or document in which this agreement is materialized, and then carry out before the corresponding entity the necessary steps to modify the ownership of the privilege or inform the granting of the license.

Trademarks


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  • Trademark Registrability Searches. It allows you to know in advance the existence of possible identical or similar trademarks with your own, thus preventing possible oppositions or formal objections against its registration. For this purpose, we not only carry out advanced searches in INAPI's Database, but we also send you our legal advice for the registrability of your trademark.
  • Registration Procedure. We are in charge of carrying out the process of registration and protection of your trademark from the first action, informing you through complete reports about each management carried out, during each stage of the process.
  • Formal Objections. If your trademark application has been the subject of an official objection, you have 30 working days to respond; send us the application data and we will assist you as soon as possible.
  • Opposition Actions. Whether your trademark application is subject of an opposition claim filed by a third party, it does not mean that its registration has failed. Trust your trademark rights defense in our hands.
  • Surveillance. Weekly we verify the applications published at the Official Gazette, notifying our clients when we detect identical or similar trademarks, which could affect their trademark rights. The same management is carried out in relation to domain names that have been published at NIC Chile.
  • Renewal. Trademark registrations are valid for 10 years from the date of registration. At the end of this period, the renewal must be requested paying the correspondent official fees.
  • Transfers or Assignments. Procedure to modify the applicant or owner of a trademark registration. Our advice includes the drafting of the assignment or transfer contract.
  • Licensing. We advise you in the drafting of this instrument, establishing the most convenient parameters regarding the duration, limits and costs associated with it. Avoid setbacks and let us ensure the best conditions for you.
  • Appeal Actions. Appeal against an unfavorable decision, issued by Inapi, which refuses or accepts the registration of a trademark so that the case is reviewed by the Industrial Property Court. We assist you during this procedure including oral pleadings before the Court.
  • Cancellation Actions. Action which aims to invalidate a trademark registration, either because it infringes the prior rights of a third party or was obtained in breach of the law. We handle this action before Inapi on your behalf.
  • Notification of Trademark Infringement (Cease and Desist Letter). Out-of-Court complaint to contact the natural person or legal representative (in the case of legal entities), who infringes or use a trademark without the owner authorization, indicating the infringing facts, specifying the affected property and demanding the cease of use and advertising within a specific period of time.
  • Trademark Infringement Procedures. The law provides for various remedies and legal actions, which are handled before civil and criminal courts, with the purpose of cease the acts of trademark infringement and obtain compensation for the damage caused by them.
  • International Trademark Procedures. We work with the best correspondent lawyers all over the world, who have a vast experience in the processing, registration and defense of trademarks.

Domain Names


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The process of registration of a domain name before NIC Chile, is generally an expeditious procedure. However, a legal dispute may eventually arise, in case a third party considers that its rights will be affected by such registration.

If this occurs, the interested third party will have 30 days, counting from the date when the domain was registered, to start the process regarding its revocation. For such purposes, the third party must request the registration of the domain name.

It is essential to have quality legal advice, in order to evaluate the case, study alternative solutions to the conflict, negotiate with the counterpart or decide to continue with the contentious stage.

If an arbitration procedure begins, the revocator must pay the arbitration fees. This procedure is similar to an ordinary trial; a claim must be filed, response and evidence produced as each party deems necessary to support its claims, proving a better right over de domain name.

Our Lawyers will be in charge of advising and represent you before and during the trial, either as applicant or revoker. We recommend avoiding unnecessary disputes, contact us as soon as you have a concern regarding these issues.

Copyrights


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  • Registration of works before the Department of Intellectual Law.
  • Advise on copyright matters.
  • Drafting and revision of Licensing Agreements, Assignment of Rights and particular clauses on Copyright.

Trade Law


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  • Incorporation and modification of Companies, Shareholders' Meetings.
  • Drafting of Commercial Contracts.
    • Franchise Agreements. With this contract, you assign your rights to exploit or manage your business to third parties, including your industrial property rights. We assure you the most advantageous conditions and terms, protecting your interests in the best manner.
    • Review and adaptation of foreign Franchise Agreements.
    • Drafting of websites "Terms and Conditions".  We draft the regulatory framework in which your website will be developed, establishing the most appropriate legal terms for your purposes.
    • Drafting Notarial Bases of Contests.
  • Translation of Contracts and other legal documents.
  • Study of Property Deeds

Derechos Inmobiliario


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  • Estudio de Títulos

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