Intellectual Property
Your trademarks, patents and know-how are strategic assets. We advise on registration, commercial exploitation and defense of your intellectual property assets.
How we approach Intellectual Property
- →IP strategy aligned with your business plan
- →Comprehensive support in patent and utility model registration
- →Permanent monitoring
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Key services in our intellectual property practice
Trademark registration and watch services in Chile (INAPI)
A trademark is one of the most valuable assets a company owns, and protecting it requires formal registration before the Instituto Nacional de Propiedad Industrial (INAPI). We handle the full cycle: clearance searches to assess registrability and the risk of opposition, selection of the Nice classes that match your products and services, drafting the application, managing it through to grant, and maintaining it with renewals every 10 years.
Where third parties oppose, we mount the technical defence; where third parties hold conflicting registrations, we file oppositions and invalidity or revocation actions. We run active watch services with weekly alerts on new applications that could conflict, so that an opposition can be filed in time. Trademark protection does not end at registration: it needs monitoring, proactive defence and renewals filed on time.
International protection through the Madrid System and the Paris Convention
For companies operating abroad, or planning to, international trademark protection is a strategic matter. We advise on two complementary routes: the Madrid System (Protocol) allows a mark to be registered in up to 130 countries through a single application and a single payment, filed from Chile through INAPI, with centralised renewals; and direct national filings, which are essential in jurisdictions outside Madrid or where Paris Convention priority is needed.
We design country-by-country protection strategies based on current markets, target markets over the next three to five years, the risk of counterfeiting and cost. For technology, fashion and consumer brands we also assess protection in China, the United States and the European Union as priority jurisdictions. We coordinate with certified local counsel in each jurisdiction.
Licensing and technology transfer agreements
Licensing and technology transfer agreements monetise intellectual property and, drafted badly, give away a company's value. We structure licences over trademarks, software, patents, know-how and trade secrets with particular attention to: territorial and temporal scope, exclusivity or non-exclusivity, sublicensing, quality control, royalties (flat, percentage, guaranteed minimums, tiered), reporting and audit rights, improvements and derivatives, tax gross-up, withholding on cross-border payments, governing law and forum.
We also advise on franchising, with all its additional contractual elements (operations manual, system, brand, training, ongoing assistance, post-termination non-compete). For technology companies we structure SaaS licensing, OEM agreements and bespoke development with ownership of the output calibrated to the risk and to the negotiation.
Cease and desist letters and IP enforcement
Detecting an infringement of your IP calls for a fast and proportionate response. We start with well-founded cease and desist letters, which in many cases resolve the matter without formal litigation. If the infringement continues, we escalate: pre-trial injunctive relief to withdraw products, attach goods or prohibit use or transfer; civil claims for damages and an order to stop; and criminal complaints in qualifying cases under the Industrial Property Act.
We also file administrative claims with the Servicio Nacional de Aduanas for border seizures, and takedown actions with digital platforms (Amazon, MercadoLibre, Instagram, TikTok) to remove infringing listings. For cross-border infringement we coordinate with foreign counsel and rely on cooperation treaties. Enforcement done well preserves the value of the brand and deters future infringers.
IP portfolio audits and due diligence
Most growing companies underestimate their IP portfolio, or do not know it precisely. An audit reveals which trademarks, patents, software, creative works and trade secrets you hold, which are registered, which are at risk of lapsing or being invalidated, and which should be registered and are not.
The audit includes: an inventory by jurisdiction and type of right, an analysis of validity and term, identification of protection gaps, a review of assignment and licence agreements (IP assignments from employees, contractors and suppliers), and prioritised recommendations. An audit is a prerequisite in investment, M&A and licensing processes. It is also the basis for setting annual IP budgets and internal policies on creating, registering and maintaining intangible assets.
Frequently asked questions about trademarks and intellectual property
How do you register a trademark in Chile?
Trademarks in Chile are registered before the Instituto Nacional de Propiedad Industrial (INAPI). The process involves: a clearance search to assess registrability and the risk of opposition, selecting the Nice classes for the products or services to be covered, filing the application with a description of the sign and the class, formal examination by INAPI, publication in the Diario Oficial, a 30-day window for third-party oppositions, any opposition proceedings, substantive examination, and the decision to grant or refuse. The whole process takes between 6 and 14 months depending on whether there is an opposition. Once granted, the registration lasts 10 years and can be renewed indefinitely. It is advisable to start the filing before the commercial launch, to reduce the risk of conflicting use.
How long does a registered trademark last?
A trademark registered in Chile is valid for 10 years from the date of grant, renewable indefinitely for successive 10-year periods. Renewal must be filed in the year before expiry, and can also be filed with a surcharge within the following 6 months. A mark can be revoked if it is not used for 5 years from grant without justified reason, which opens the door for third parties to seek its cancellation. It is therefore important to use the mark as registered, keep evidence of use (invoices, advertising, labels) and maintain a renewal calendar so the right is not lost through oversight.
Which Nice classes does my trademark need?
The Nice Classification is the international system that groups products and services into 45 classes (1 to 34 for goods, 35 to 45 for services). The selection determines both the scope of your protection and the cost: each class carries its own fee. Choosing the right classes means analysing which products or services you actually sell and plan to sell over the next three to five years. Common mistakes are over-protecting (paying for classes you will never use, and exposing the mark to revocation for non-use) and under-protecting (leaving ancillary services out). Our recommendation is an initial strategic mapping that accounts for future expansion, without excessive protectionism that adds cost with no real value.
What should you do about trademark infringement?
The response should be proportionate, fast and strategic. First, we document the infringement (screenshots, products, dates, extent). Second, we assess who the infringer is, the scale of the harm and their willingness to negotiate. Third, we send a well-founded cease and desist letter, which in many cases resolves the matter. If that does not work, we escalate to: pre-trial injunctive relief (customs seizure, prohibition of use), a civil claim for damages, a criminal complaint in qualifying cases, and administrative takedowns on digital platforms. For infringers abroad we coordinate with foreign counsel. Acting quickly matters: inaction can be read as tacit acceptance and weakens later defences.
How do you protect a trademark internationally?
There are three routes. The first is the Madrid System, which lets you manage a mark in up to 130 countries through a single application and payment, with centralised renewals and amendments. The second is direct national filing, which is essential in jurisdictions outside Madrid or where specificity is needed. The third is Paris Convention priority, which allows applications in other countries within 6 months of the first filing while keeping the original date. The strategy should weigh current markets, planned expansion, the risk of counterfeiting and cost. For exporters we usually recommend prioritising China, the United States, the European Union and the specific target markets.
Legal updates on Intellectual Property
Supreme Court confirms: software developed by an employee belongs to the company even if the contract does not mention it
The Supreme Court confirmed that, under article 8 of Law No. 17,336, software created by a worker in the exercise of their duties belongs to the employer, even when the contract does not mention it; only a written agreement to the contrary can exclude this rule. The ruling stresses the need to audit contracts, document the creation of internal tools, and establish intellectual property clauses with both employees and third parties to avoid disputes.
2026-04-30Your contracts with suppliers could be licensing your brand without you deciding
Brand-use clauses in supplier contracts grant free licenses over IP without the client realizing.
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