Chile

Firm overview

The Firm is integrated by 5 partners, 10 associates, 1 General Counsel, 1 Senior Advisor, and 1 External Consultant supported by 25 qualified bilingual staff personnel and ultimate IT Systems, including our in-house and external data domain and email server.

Prosecution and litigation teams of Trademark and Domain Name (led by Senior Partner Max Villaseca) supported by Attorneys at Law Felipe Pavez, Alvaro Arévalo, Claudia Varas, Francisco Valverde, and Carol Schmeisser; Patent (led by Partner Eduardo Molina) supported by Engineers Oscar Isler and María José Morales; and Plants Varieties (led by Engineer Partner Loreto Vera) and outstandingly supported by Attorneys at Law Carolina Muñoz and Francisco Valverde.

Our firm has also developed a strong Copyright Area lead by our Partner Alvaro Arévalo, who has very effectively advised both domestic and international editorials, and a Science Area, led by Partner Chemical Engineer Loreto Vera, who has developed strategic counseling to major Chilean Universities together with her co-team Francisco Valverde and Carolina Muñoz, in innovation and corporate aspects.

All the above are definitively supported by an enforcement department in charge to sue infringers of IP rights, led by Partner Felipe Pavez supported by Attorneys at Law, Claudia Varas, Francisco Valverde, and Carol Schmeisser. The compliance of IP and related rights have been mostly enforced through administrative, criminal, and civil actions, including unfair competition, consumer rights, comparative advertisement, data protection, and regulatory rights, supported by experienced External Consultant, Attorney at Law Carlos Silva.

Lastly but not least, the Firm counts with a Corporate Area of practice dealing with commercial, civil, labor, and taxation issues, to assist clients once their Intellectual Property has been dully settled and they decide to start doing business in Chile through the exploitation of their IP Rights, such as franchising, licensing, distribution agreements, etc. The Corporate Department is led by Partner Felipe Pavéz, assisted by Associate Attorney Carolina Muñoz, and primarily supported by Senior Advisor Sergio Amenábar.

All the above practices are supported by General Counsel Bernardo Serrano.

The last two years have not been easy for Chile. In October 2019, a series of social protests began and led to several episodes of violence never seen before in the country. These interfered in the normal operation of institutions and companies, as well as in Chilean economic forecasts. The signing of an agreement between political parties and the announcement of a plebiscite about the need for a new Constitution (which was held on October 25, 2020) calmed spirits a bit. The arrival of the COVID-19 pandemic in March of this year added greater instability to the situation that had already been dragging on since October last year.

During this period, our Firm has demonstrated its resilience in the face of difficulties, maintaining a stable, committed, and experienced team. We have adapted to work telematically as far as possible.

Firm overview

ClarkeModet is the largest IP group in Spanish and Portuguese-speaking countries, with 10 companies in Europe and Latin America and a multidisciplinary team of over 500 experts.

In addition to provide prosecution and enforcement IP services (registration, maintenance, defence and monitoring of IP rights), ClarkeModet offers highly specialised advice to help clients to create impact on the market. The firm’s professionals do so by means of the transfer, use and profitability of IP assets and by implementing in the organisations work systems and policies aimed at generating a competitive advantage. The firm’s international presence and local knowledge enables it to offer a unified service of management of patents portfolios, based on unified work processes in all the countries it has a presence in and with the same quality standards and corporate policies.

ClarkeModet was founded in Spain in 1879, with the current structure dating back to 1892 following the merger between “Clarke y Cia” and “Agencia General de Patentes y Marcas”. It started its international expansion in 1940, establishing new IP firms in Portugal and Latin America.

Global Presence

The group is currently present in Argentina, Brazil, Colombia, Chile, Spain, Mexico, Peru, Portugal, Uruguay and Venezuela with 24 offices and three international desks: Asia Pacific, Europe, and North America. This large infrastructure allows a centralised management of large IP portfolios.

Key data

ClarkeModet Group is one of the largest applicants of Patents and Trademarks in all the markets in which its companies are present:

• The greatest applicant of patents in Spanish- and Portuguese-speaking countries
• The second greatest applicant of trademarks in Spanish- and Portuguese-speaking countries.
• The company actually manages 1 out of every 10 patents within the Spanish and Portuguese speaking countries.

Technology & Innovation

ClarkeModet has incorporated new technologies in both customer services and internal processes to guarantee quality and speed. The company is a pioneer in the use of technologies such as blockchain or machine learning to increase the protection of its clients’ assets in order to face new challenges on digital markets.

CSR

Through its internal regulations and corporate culture, ClarkeModet supports different social interest initiatives, as well as inclusion and sustainability policies. The main lines of action of its CSR are focused on the promotion of diversity in its teams through its inclusive recruitment policies.

ClarkeModet minimizes environmental impact through a policy such as electronic invoicing and file digitization, as well as following programs such as Ecoembes for recycling.

CSR initiatives include the support for non-profit organizations and Universities through the sponsorship of various programs of Intellectual Property and stimulation of innovation.

Last updated 8th March 2020

Firm overview

Covarrubias is a boutique law firm exclusively focused on Intellectual Property and Technology. We specialize on matters pertaining to invention patents, plant varieties and life sciences, trademarks and internet domain names, advertising, data privacy, copyrights, and litigation.

Firm’s working culture and team
The firm is widely known for being “great and fast-growing” and trustworthy. A respect earned due to a strategic look, focused on identifying potential risks, neutralizing them, and transforming them into opportunities.

Also, the firm has a highly proactive team that includes qualified attorneys, patent specialists and paralegals who provide the legal and technical advice that our clients require, offering a much more specialized look into matters.

Finally, the firm actively participates in many international networks in the IP field, such as INTA, AIPLA, IPO, APAA, Marques, ASIPI, ABPI, ACHIPI, among others.

Patents and plant varieties: A highly specialized team is dedicated to the protection of both local and foreign inventions in all the stages. The firm offers: state of the art reports, drafting and filing of patents of inventions, utility models, design patents, industrial drawings, integrated circuits and plant varieties, filing and prosecution of Paris Convention applications and PCT applications in Chile and/or abroad, analysis of examiners report (Office Actions), drafting and filing reply to examiners report, comparative reports on scope of protection of patents of inventions, utility models, designs patents, industrial drawings, integrated circuits and plant varieties, feasibility and novelty analysis, surveillance, opposition and cancellation actions. Assignments, transfers, and licenses are also carried out.

Life Sciences: Life Sciences is a branch that specializes in a particular aspect of humanity, seeking its wellbeing and the continuity of different aspects of all lifeforms and the world itself. We help our clients overcome conflicts and obstacles, including a wide range of legal, regulatory, and strategic issues, patent and product liability, investigation and enforcement actions, and protect life sciences clients’ rights in disputes, both nationally and internationally.

Trademarks and Internet Domain Names: The firm assists national and international clients, offering complete assistance for trademarks in Chile and worldwide, search reports and feasibility analysis, filing, prosecution, and registration of applications, renewals, surveillance, opposition and cancellation actions and litigation. Also, our firm provides complete assistance regarding all kinds of domain names in Chile and abroad. Assignments, transfers, and licenses are also carried out.

Advertising: Assistance is given on the creation and implementation of advertising campaigns, promotions, competitions, labelling of products, and other assets related to publicity.

Data Privacy: Due to the understanding of how the world quickly turned to digitalizing all of its service because of the pandemic, the firm offers its clients advice on matters of information technology, social networks and the Internet, advice on the management and protection of personal data and sensitive data, drafting of models of electronic contracting, terms and conditions and other contracts related to web pages, drafting and implementing privacy policies and the authorization of the use of personal data, drafting of mandates and agreements of personal data transfer with particular attention to the international norms and agreements.

Copyrights: Assistance is given in the protection and enforcement of literary and artistic production, motion pictures and software and related rights in Chile or abroad. Filing and prosecution of the advisable registration or protection regarding the client interests are executed. Assignments, transfers, and licenses are carried out.

Litigation: Complete assistance and legal representation regarding all kind of litigations (administrative, arbitration, civil or criminal) in connection with Industrial Property, Copyrights, Unfair Competition or Antitrust Law in Chile or abroad are given. Full assistance and legal representation before CONAR (Self-regulation and Ethical Advertisement Committee) are executed.

Regulatory Affairs: We are deeply involved in providing counselling on food, drug, cosmetic and medical devices, and products to both domestic and international clients to be registered at the Chilean Regulatory Agency.

Firm overview

Magliona Abogados provides legal services of excellence both to local and multinational companies. We specialize in corporate matters, tax services, complex business litigation and finance structures, telecommunications, technology law, intellectual and industrial property, government relations and public policies, including, among others, corporate structuring, due diligence planning, mergers and acquisitions, financial assistance, syndicated loans, liability restructuring and leasing. We are experts in licensing and software development agreements, technological platforms, franchises, data protection, cyber crime, distribution, production and financing of film and TV productions.

Magliona Abogados advises its clients in the registration of trademarks, patents and industrial designs, as well as in matters relating to copyright and the internet matters.

The protection of intellectual property has a special relevance for companies as they continue to expand and protect their technologies, brands, products, data and services.

Magliona Abogados is a leading firm in the Intellectual Property market, providing strategic, commercial and litigation advice in the area.

Last updated 15th June 2021