Our trademark services are unparalleled in Chile. Small or large, across a wide array of industries, companies and individuals entrust their trademark protection to the team at Silva.
Our track record of success at every step in the process of acquiring and protecting trademark rights is why clients choose to work with us. Clients rely upon us for the long-term protection of their most precious and valuable intangible rights – the trademarks that form the foundation of their brands, identities and culture.
Some of the services provided by our trademark team include:
- Comprehensive trademark portfolio management
- Availability searching in Chile and abroad
- Feasibility analysis and legal opinions related to registrability
- Representation in opposition proceedings
- Representation in cancellation actions and other administrative disputes
- Processing of requests for transfer of ownership, name changes, licenses, among other filings
- Drafting of sales contracts, licenses, franchise and other contracts related to trademark rights
- Surveillance services
- Processing of geographical indications and designations of origin for local and international customers
- Enforcement of trademark rights, up to and including litigation
Associates: Luis Felipe Opazo.
We have brought technical expertise together with attorneys to become one of the most effective patent practices in Chile. Our team includes people with direct examination experience from INAPI, who work alongside scientists and technologists. Our patent team's grasp of the needs of patent filers in Chile and around the world facilitates one of the most authoritative and dependable patent practices in the country.
Representing 80% of Chilean universities puts our firm at the forefront of research, technology and innovation. Having such an influential domestic foundation of clientele has bolstered our practice to better serve our international clients and the global community at large, with unexpected insight and the guidance that clients can rely upon to fully protect their intellectual property rights.
Some of services provided by our patent team include:
- Comprehensive patent and design portfolio management
- Preparation, submission, and processing of applications for patents, utility models, designs, industrial designs, and topographies of integrated circuits in Chile and abroad
- Search and analysis of the Prior Art and feasibility of patenting
- Analysis of FTO (Freedom to Operate)
- Filing and prosecution of international patent applications - national phase filings under the PCT (Patent Cooperation Treaty)
- Full representation in oppositions, cancellation actions, and other administrative disputes
- Patent litigation
- Drafting license agreements, technology transfer and other contracts pertaining to patent and related IPR
- Surveillance of patented technologies
- Processing of applications for plant varieties
- Sanitary registration or Health Certification
Associates: Sebastián Alvarado and Mario Montes.
Copyright protection in Chile can be an essential tool for protecting some of the most creative and innovative works of authorship, including literary, dramatic, musical, and other artistic works. Chile also offers copyright protection for software, databases, and websites, in addition to the traditional works of novelists, film makers, playwrights, and the like.
Silva’s copyright services include:
- Preparation and filing of applications for registration of works protected by copyright
- Draft, review and revise contracts of all manner concerning copyright and related rights
- Expert consulting and strategic advice pertaining to copyright and related rights in Chile
- Intellectual property regulations for universities and companies
- Enforcement services based on copyright protection
Associate: Andrea Céspedes
Navigating the bureaucracy, the Regulatory team at Silva guides clients to adherence and compliance with the rules and formalities of various government agencies and public authorities. Silva understands the business goals of our clients and has created this practice area to help clients go beyond intellectual property protection in Chile. We assist rights holders to make use of their IP in the marketplace by providing strategies and legal advice to get the job done. When it comes to health, consumer safety, advertising and other necessary filings, Silva leads the way.
Some of our regulatory services include:
- Precautionary analysis of advertising campaigns to verify compliance with rules on intellectual property, publicity, privacy, consumer law, and related matters
- Review of promotions and contests
- Review and legal opinions regarding the legality of web content
- Advice on labeling and complying with food labeling requirements
- Actions before administrative and regulatory authorities such as Regional Secretariats, Superintendence, Comptrollers Office, and Directorate of Government Procurement and Contracting (Chilecompra), among others.
- Digital marketing assistance
- Due diligence
- Advise for possible litigation before CONAR or other administrative or judicial bodies
When intellectual property rights are threatened by third parties, the enforcement experts at Silva stand ready with aptness and command to pursue the remedy and resolution required. The enforcement team at Silva consistently achieves desired outcomes by relying on the team’s knowledge and experience to obtain real solutions for clients experiencing the danger that comes with success.
Some of the services provided by the enforcement and litigation team at Silva include:
- Civil and comercial litigation.
- Criminal cases related to cybercrime, fraud, economic crimes, intellectual property and privacy.
- Administrative litigation.
- Arbitration and mediation.
- Unfair competition.
- Consumer law litigation.
- Border measures procedures before Customs and intellectual property crimes persecution. Antipiracy policies and training before Customs.
- Private research and investigation to detect the manufacture, import, export, distribution, or sale of counterfeit goods.
- Drafting and issuance of "warning letters," extra-judicial negotiations, and agreements.
Associates: Luis Felipe Opazo and Guillermo Villarroel.
Taking the next step beyond securing and protecting intellectual property, the team at Silva provides consulting and legal services to allow IP rights holders to exploit their rights in Chile in a manner that protects and preserves our clients best interest. We make it our business to know the business of our clients to be able to provide the best advice when it comes to exchanging ideas, researching, entering agreements, and being active in the Chilean market.
Some of the services offered by our Corporate & IP Transactional team include:
- Market research and analysis
- Drafting technology transfer and know-how agreements
- Joint-venture counseling
- Franchise agreements
- Licensing agreements
- Legal advice regarding trade secrets
- Strategies to access public R & D funds.
- R & D law tax credits processing before CORFO.
Silva not only knows and applies the law for assisting clients with innovation and new technologies in Chile. Our experts help shape those laws. We work in coordination with government and public authorities to assist in the drafting of legislation to keep up with advancement. One example of this, our domain service is second to none because our team helped write the law.
Being on the cutting edge of legal advancement in IT fields is why more and more, clients choose the team at Silva to represent them in matters related to the internet, innovation and data privacy.
Some of our IT services include:
- Registry, search, and surveillance of domain names
- Lawsuits related to domain names worldwide
- Lawsuits related to domain names at WIPO, under the ICANN Uniform Dispute Resolution Policy (UDRP)
- Comprehensive legal advice on new technologies and the internet in Chile
- Strategies for protecting trademarks and copyrights on the internet
- Legal opinions on social networks relating to issues of intellectual property, and e-commerce, among others
- Development and audit of systems and models of electronic trading; consulting on the implementation of electronic signatures and electronic legal documents
- Advice and legal opinion on protection of personal data, commercial and financial information, databases of companies, privacy policies, and terms and conditions of web applications
- Drafting of policies and procedures for prevention, manage and respond to cybersecurity incidents.
- Legal and technical advice in business continuity plans, device treatment policies and cloud information.
- Cyberthreats general outlook and prevention of Litigation and administrative, civil and penal procedures result from a cyber attack.
For those talented and lucky few who make it big time, and for the dreamers who are on their way to joining them, and for the companies and conglomerates that distribute the work of actors, musicians, athletes and entertainers, our expertise in this field is for you.
We provide the following services in Entertainment, Media & Sports:
- Distributor rights advice and protection, including enforcement and litigation
- Advice on legal issues related to music, film, television and radio
- Review of contracts and publicity agreements
- Defending complaints against the National Television Council
- Comprehensive advisory services to artists and athletes regarding intellectual property, image rights, advertising, and privacy, among other issues.
Associate: Sebastián Alvarado.
We plan, audit, and draft privacy and general data protection policies for our clients, according to both national and international legal standards. Through a detailed mapping of the corporate process, we outline regulations, contracts, and policies related to personal data processing.
We provide support to our clients in order to access to public information, before authorities, agencies, organizations, and services, by means of administrative and judicial actions.
SILVA also has extensive experience in representing its clients in relation to ‘Habeas Data’ actions before Chilean Courts, as well as representing them in regard to other actions, for instance, those aimed at accessing to information held by public organisations.
Some of our services include:
- Privacy and Data Protection Law Compliance and Due Diligence.
- Civil and administrative litigation in relation to Data Privacy issues.
- Civil and Constitutional litigation regarding privacy law, data protection, publicity rights, and both individuals’ and companies’ reputation.
- Drawing up of tailor-made privacy policies.
- Drafting of agreements on data processing via outsourcing.
- Cloud services/computing legal consultancy services.
- Data processing feasibility reports.
- Transparency and Access to Public Information.
- Self-regulation strategies and measures.
- Technical advice as regards implementation of privacy by design and by default.
- Legal and technical advice on International Data Transfers
- Conferences and courses on Data Protection, Privacy, and Access to Public Information law.
Associate: Francisco Aravena and Andrea Céspedes