DÍAZWIECHERS is a law firm specialized in Intellectual and Industrial Property providing legal counsel and services in Trademarks, Plant Varieties, Patents, Utility Models, Geographical Indications. Denominations of Origin, Domain Names, Copyright, Licensing and Assignment Contracts, and associated litigation, among others.
Trademarks are signs that distinguish Products, Services, and Commercial and Industrial Establishments within a specific market. The services offered by our law firm include the application, conduction, protection, and renewal of trademarks both in Chile and abroad through a specialized correspondent network.
Among other specific services we may mention: prefeasibility searches for the filing of trademark registration applications in Chile and other countries; drafting and filing of trademark registration applications; conduction of the same before the Chilean Trademark Office. Legal representation in opposition and nullity lawsuits; trademark registration watch and custody; drafting and conduction of trademark transfer annotation applications, name change annotation applications, license recordal applications, among others; drafting of diverse trademark contracts.
The Protected Varieties Register is kept by the Seeds Division within the Chilean Agriculture and Livestock Service (SAG). This Register is open to all botanical genera and species. Current law acknowledges breeders’ rights to their plant varieties, granting them exclusive rights to multiply and sell the seed or plant of the protected variety during its protection term.
Our firm, enjoying national and international recognition for its plant variety law practice, acts directly in Chile and México and worldwide through a large network of expert correspondents in order to meet our client needs wherever needed. Our legal advice covers all client needs and we are involved with them since the very beginning with the design of their Intellectual Property business strategy in order to maximize the worldwide production, marketing, and protection of plant variety inventions. This includes all kinds of related contracts such as licensing contracts, witness plants care and maintenance contracts, plant sale and lease contracts, etc.
Our advisory services include feasibility studies, the direct preparation and filing of Plant Variety applications in Chile and Mexico and, in other countries, their preparation and filing through our correspondent network; our interaction and coordination for the obtention and forwarding of witness plants, reproduction material, and other technical elements demanded by state and customs authorities. In addition, we offer worldwide trademark watch services and the payment of annual registration maintenance fees. We also do whatever may be required to enforce the protection of registered plant varieties.
We also act directly in administrative plant variety lawsuits such as oppositions and annulment actions, in addition to the preparation and mailing of warning letters for possible improper uses of legally registered plant varieties. With relation to civil and criminal lawsuits for the infringement of the industrial property rights involving plant varieties, we coordinate them with our external associates.
A domain name is an identifier used to designate an Internet computer. For example, ".cl" (being the official identifier for Chile), ".com", ".net", ".co.uk", etc.
Both in Chile and abroad, our office provides comprehensive services concerning domain names, which include their filing, renewal, watch, protection strategy planning and their defense before administrative and arbitration institutions, domestic and foreign, in revocation and opposition proceedings.
A patent is a legal monopoly granted by the State for the protection of an invention. Its titleholder receives exclusive rights allowing the use and exploitation of the invention while preventing its unauthorized use by third parties. Should the patent titleholder decide not to exploit the patent, he or she may sell or assign the patent rights to another party so that it may be marketed under license.
Our firm delivers prior art search reports and the corresponding feasibility analysis; we also develop applications for Patents, Utility Models, and Industrial Designs and take responsibility for all subsequent proceedings; draft invention technical data sheets and descriptions; reply to preliminary and expert examiner reports issued by the Patent Office; defend our clients in opposition and annulment lawsuits involving Patents, Utility Models, and Industrial Designs; provide watch services and payment of ten?year and five?year fees; draft licensing contracts and assignment concerning these industrial privileges, among others. In respect of services and proceedings conducted abroad, we have a worldwide network of specialized correspondents, so that we may offer proper patenting strategies based on the mechanisms offered by the Paris Convention or the Patent Cooperation Treaty.
Geographical indications and denominations of origin protect products originating in a country, region or location, provided that they have a quality, reputation or other characteristic attributable to their geographical origin. In the case of denominations of origin, they must additionally show natural and human factors contributing to the products’ features.
Our office provides the services needed to obtain this kind of industrial privilege, such as the filing and processing of applications, the submission of technical studies, client defense in opposition and nullity administrative proceedings, etc. We also draft and register the contracts for these industrial property privileges. To this end, we directly interact with state and private entities such as the Ministry of Agriculture, the National Institute of Industrial Property, and producer, manufacturer, and artisan associations.
Copyright is the collection of legal norms that protect authors and titleholders of rights to intellectual works such as their author proper and his/her heirs, assignees, and beneficiaries. In addition, copyright protects the related rights of artists, interpreters, performers, phonographic producers and radio broadcasting entities.
Our firm provides counsel for the presentation of applications for the deposit of works that may be protected by means of this right, such as software, literary works, music works, photos, scripts and screenplays etc., in addition to the study and preparation of contracts for the licensing and assignment of their equity and related rights.
Our firm delivers advisory services associated with the drafting of domestic and international intangible asset contracts such a assignments, licenses, industrial secrets, confidentiality agreements subscribed by private parties and employers, product and service distribution contracts.
Our firm takes on our clients’ full defense in Industrial Property lawsuits such as opposition and nullity proceedings related to trademarks, plant varieties, patents for inventions, utility models, industrial designs, and domain names before the Chilean National Institute of Industrial Property, the Seeds Division within the Agriculture and Livestock Service, arbitration courts, the Industrial Property Court, the Courts of Appeals, and the Supreme Court.
With relation to civil and criminal lawsuits for the infringement of industrial property rights, we coordinate them with our external expert associates.
