Villaseca
Villaseca

Villaseca Villaseca

The Firm

Villaseca is one of the leading intellectual property law firms in Chile. With a tradition spanning over 100 years, the Firm combines experience and innovation in advising national and international companies. Its interdisciplinary team of professionals, composed of lawyers and engineers, believes in the value of intangible assets and their potential to contribute to the sustainable development of companies, entrepreneurs, and brands.

  • Ip Starts
  • WTR
  • Chambers
  • Leaders League

Partners

Team

  • Eduardo Molina

    Eduardo Molina

  • Felipe Pavez

    Felipe Pavez

  • Loreto Vera

    Loreto Vera

  • Álvaro Arévalo

    Álvaro Arévalo

  • Claudia Varas

    Claudia Varas

  • Oscar Isler

    Oscar Isler

  • Francisco Valverde

    Francisco Valverde

  • Carol Schmeisser

    Carol Schmeisser

  • María José Morales

    María José Morales

  • Juan Cristóbal Guzmán

    Juan Cristóbal Guzmán

  • Sergio Amenábar

    Sergio Amenábar

Practice areas

Practice areas

Villaseca develops its professional practice mainly on Industrial and Intellectual Property, including related matters and basic Corporate counselling.

Intellectual property

Corporate Practice

News

22 May 2024

Villaseca associates give pro bono lecture on Industrial Property at Nocedal Technical Professional School

Villaseca associates give pro bono lecture on Industrial Property at Nocedal Technical Professional School

Villaseca associates Claudia Varas and Oscar Isler gave a pro bono lecture to students at Nocedal Technical Professional School on Industrial Property and Copyright.

The students who participated in the lecture are specializing in electronics and telecommunications and are already developing their own inventions. Therefore, the objective of the activity was to guide them to understand the importance of adequately protecting the projects they create.

“At Villaseca, we believe it is essential to introduce young inventors to the benefits of Industrial Property. We thank the Nocedal Education Foundation for the invitation and for giving us the opportunity to advise the future inventors of the country,” said Claudia Varas.

6 December 2023

Article by Sergio Amenábar and Juan Cristóbal Guzmán, in the World Trademark Review

Article by Sergio Amenábar and Juan Cristóbal Guzmán, in the World Trademark Review

¨Electronic evidence in cancellation proceedings: appeal court issues landmark decision¨ is the title of the recent article published in the prestigious magazine World Trademark Review, written by the senior advisor of Villaseca Abogados Sergio Amenábar and the associate Juan Cristóbal Guzmán.

We reproduce the article in its entirety below. This was originally released by WTR Daily, part of the World Trademark Review, on October 2023. For more information, visit www.worldtrademarkreview.com.

ELECTRONIC EVIDENCE IN CANCELLATION PROCEEDINGS: APPEAL COURT ISSUES LANDMARK DECISION

· Electronic documents are rarely accepted as full evidence by the Chilean courts.

· In recent cancellation proceedings, the plaintiff produced electronic evidence in an attempt to show earlier use of the disputed mark.

· The Industrial Property Appeals Court upheld the action, which resulted in the mark being removed from the register.

In recent proceedings before the Industrial Property Appeals Court, a Chilean citizen, Ricardo Denevi Miranda, alleged to be the first adopter of the trademark MANHATTAN to distinguish “restaurant services”. Miranda claimed that the registered owner of said trademark, Gladys Tevah Carrasco, had acted in bad faith in registering a well-known trademark owned by a third party, and had acted against good commercial habits in obtaining protection of the mark. Therefore, the registration was null and void under the relevant Chilean legal rules, as well as Section 10bis of the Paris Convention for the Protection of Industrial Property, which concerns bad faith.

When the plaintiff filed the corresponding action, the defendant did not answer it – which, according to the law on legal procedure, does not imply its acceptance. Therefore, the plaintiff was also required to prove his allegations to succeed in this case. To this end, it was necessary for the plaintiff to demonstrate the earlier, public use of MANHATTAN before the registration of that distinctive sign by the defendant. According to precedents, this would be very difficult to achieve

merely through electronic evidence, as the Chilean procedural law imposes very formal requirements for the submission of evidence in lawsuits.

Nevertheless, the plaintiff produced electronic evidence to improve its position. In particular, he filed evidence certified by a notary public as being identical to the original material shown on a computer, which, according to the plaintiff, ensured their authenticity and the dates shown digitally, as he understood from previous resolutions issued by the court. It is noteworthy that the highest court rarely accepts electronic documents as full proof, since physical documents are almost always required by the Industrial Property Appeals Court and the Supreme Court. Finally, among the evidence provided by the plaintiff, the oldest document was a copy dating from 1995 of the well-known Chilean magazine Rock Pop, which, in an extensive article, stated that “the classic site to end a party is the Manhattan store, located on the new bridge in Concepción”. Concepción, located in south-central Chile, is one of the country’s major cities and part of its most heavily industrialized region.

The Industrial Property Appeals Court, in a landmark decision that will be crucial for IP owners and practitioners due to the type of evidence used, accepted the cancellation action. The decision became enforceable in July 2023, resulting in the disputed trademark being removed from the Chilean Register.

8 September 2023

Villaseca Abogados receives official title of Origin Denomination for Gorgonzola cheese

Villaseca Abogados receives official title of Origin Denomination for Gorgonzola cheese

Villaseca Abogados, as the legal representative in Chile for the Consorzio per la tutela del formaggio Gorgonzola, has received the official title of origin denomination for this Italian cheese.

In a ceremony at the Italian Embassy, Loreto Bresky, the director of the National Institute of Industrial Property (INAPI), along with Italian Ambassador Valeria Biagiotti, presented the recognition to Villaseca’s partner Álvaro Arévalo and associate Francisco Valverde.

It is worth noting that in February 2023, INAPI established that only the renowned blue cheese from the regions of Lombardy and Piedmont in Italy can be sold under the name Gorgonzola in Chile.

Álvaro Arévalo, a partner at Villaseca Abogados, highlighted that obtaining the Gorgonzola origin denomination in the country was a significant achievement for the firm. “To secure the registration of this origin denomination, beyond its formal requirements not devoid of challenges, what truly drove and motivated our team to carry out this task was the identity and sense of belonging that exists and is reflected in this category of distinctive sign.”

Villaseca

Contact Us

  • Mail | villaseca@villaseca.cl
  • Address | Av. Alonso de Córdova 5151, 8º Piso, Las Condes, Santiago, Chile
  • Postal Code | 7560873
  • Phone | (562) 2362 3500

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