PRACTICE AREAS

DÍAZ WIECHERS— INTELLECTUAL AND INDUSTRIAL PROPERTY

DíazWiechers is a firm specializing in intellectual and industrial property, providing advice on trademarks, Plant Varieties, Patents, Utility Models, Industrial Designs, Geographical Indications, Designations of Origin, Domain Names, Copyright, the drafting of license and assignment agreements, and related litigation, among other services.

A trademark is a sign that distinguishes goods and services within a specific market. Our firm provides services related to the filing, processing, protection, and renewal of trademarks, both in Chile and abroad, through a specialized network of correspondents.

Among other services, we offer: preliminary feasibility searches for filing trademark applications in Chile and abroad; preparation and filing of trademark registration applications; processing of such applications with trademark offices in Chile and abroad; legal representation in opposition and invalidation proceedings; monitoring and maintenance of trademark registrations; preparation and filing of applications for the registration of transfers, name changes, licenses, and other matters; and drafting of trademark agreements.

The Registry of Protected Varieties is administered by the SAG’s Seed Division and is open to all botanical genera and species. Current legislation recognizes the breeder’s right to his or her variety, granting the breeder the exclusive right to propagate and market the seed or plant of the protected variety during the term of protection.

Our firm, widely recognized both nationally and internationally in the field of plant varieties, operates directly in Chile and internationally. We provide comprehensive consulting services to our clients, with the goal of being involved in business strategies from the outset in order to effectively maximize the production, commercialization, and protection of plant inventions, both nationally and internationally.

We provide consulting services that primarily include the preparation of feasibility studies, as well as the drafting and filing of applications for plant variety protection in Chile and abroad through our network of correspondents; coordination and collaboration to obtain and ship test plants, propagation material, and other technical requirements mandated by government and customs authorities. In addition, we provide worldwide registration monitoring services and handle the payment of annual fees for the maintenance of those registrations. We also handle all matters related to the protection of trademarks associated with plant varieties.

We also represent clients directly in administrative proceedings concerning plant varieties, such as oppositions or nullification proceedings. This also applies to the preparation and sending of warning letters regarding potential misuse of legally registered varieties. With regard to civil and criminal lawsuits involving infringements of industrial property rights related to plant varieties, we coordinate these matters with our external partners.

A domain name is an identifier used to designate a computer on a network. For example, “.cl” (which is the official identifier for Chile), “.com”, “.net”, “.co.uk”, etc.

Our firm provides comprehensive services—both in Chile and abroad—for domain name registration, renewal, monitoring, strategic protection planning, and representation before domestic and foreign administrative and arbitration bodies in revocation and opposition proceedings.

A patent is a legal monopoly granted by the government to protect an invention. It grants the holder exclusive rights that allow the holder to use and exploit the invention and prevent third parties from using it without the holder’s consent. If a company chooses not to exploit the patent, it can sell it or transfer the rights to another company so that the latter can market it under license.

Our firm provides prior art or state-of-the-art search reports, along with feasibility analyses; drafting of applications and processing of patents for inventions, utility models, and industrial designs; drafting of technical data sheets and descriptive reports of the invention; responding to preliminary and expert examinations by patent offices; representing clients in opposition and invalidation proceedings involving patents, utility models, and industrial designs; monitoring and payment of ten-year and five-year renewal fees; drafting of license agreements and assignments of these industrial property rights, among other services. With regard to international matters, we have an extensive network of specialized correspondents, which allows us to offer appropriate patenting strategies through the mechanisms provided for by the Paris Convention or the PCT.

Geographical indications and designations of origin protect products originating in a country, region, or locality, provided they possess a quality, reputation, or other characteristic attributable to their geographical origin. In the case of designations of origin, they must also include natural and human factors that influence the product’s characteristics.

Our firm provides the services necessary to obtain this type of industrial property right, such as the filing and processing of applications, the submission of technical reports, and representation in administrative proceedings involving oppositions and invalidation actions, etc. This also includes the drafting and registration of contracts relating to these industrial property rights. To this end, we interact directly with various government and private-sector authorities, such as the Ministry of Agriculture, the National Institute of Industrial Property, and organizations representing producers, manufacturers, and artisans, among others.

Copyright is the body of legal rules that protect authors and rights holders with respect to intellectual works, such as the author themselves and their heirs, assignees, and legatees. In addition, it protects the related rights of artists, performers, phonogram producers, and broadcasting organizations.

Our firm provides advice on filing registration applications for works protected under this law, such as software, literary works, musical works, photographs, screenplays, and librettos, among others, as well as the review and preparation of contracts for the licensing and assignment of economic rights and related rights.