As part of Espacio Food & Service 2025, our associate Francisco Valverde moderated the panel “Geographical indications: A seal of tradition and authenticity in service of gastronomy and business.”

The discussion brought together prominent experts:

• Sebastián Farías, Coordinator of the Strategic Management Unit at INAPI Chile
• Andrea Nicolaj, Head of the Economy and Trade Section of the Delegation of the European Union in Chile
• Nicolò Giacometti, La Buona Forchetta
• Carmelo Piraino, Consultant of the Consorzio del Formaggio Parmigiano Reggiano

The conversation highlighted the role of Geographical Indications (GI) and Designations of Origin (DO) as essential tools to protect territorial and cultural identity, foster rural development, differentiate high-quality products, and generate new business opportunities. This discussion took place within the framework of the Interim Trade Agreement between the European Union and Chile, which expands cooperation and protection opportunities in the field of intellectual property.

At Villaseca, we reaffirm our commitment to the protection of intellectual property and to promoting dialogue spaces that strengthen the recognition of these assets as drivers of economic growth, cultural identity, and international projection.

A Standard-Essential Patent (SEP) is a patent that protects a technology which is indispensable for complying with a specific technical standard. In other words, it is not possible to implement such a standard without directly or indirectly using the invention covered by the patent. These technologies enable interoperability among products from different manufacturers, such as 5G, Wi-Fi, USB-C, Bluetooth, HDMI, or H.264.

Holders of SEPs typically offer licenses under FRAND conditions (Fair, Reasonable and Non-Discriminatory), which means:

– Fair, avoiding abuse of market power.
– Reasonable, with fees proportional to the technical value.
– Non-discriminatory, accessible under similar conditions to all interested parties.

Although SEP holders are not automatically obligated by law to offer FRAND licenses solely by virtue of owning a SEP, such commitments are typically made voluntarily before standard-setting organizations.

When a patent holder seeks to have their technology incorporated into a standard (for instance, within ETSI, IEEE, ITU, etc.), they are requested to explicitly commit to licensing on FRAND terms. This commitment:

– Is not imposed by law but operates as a contractual or statutory condition for the technology to be accepted as part of the standard.

– Once undertaken, it is legally binding and enforceable, , even by third parties who did not participate in the standard-setting process.

Refusing to license after committing to FRAND can trigger legal consequences, such as:

– Being deemed an abuse of dominant position, especially in jurisdictions with strict antitrust regulations (e.g., the EU or the United States).

– Legal action initiated by implementers seeking access to a fair license (as has occurred with Apple, Samsung, Huawei, among others).

– Court-imposed licensing terms or injunctive relief where the SEP holder fails to negotiate in good faith.

Therefore, if you are a SEP holder, you should:

– Declare the SEP before a standard-setting body.

– Be willing to license it under FRAND terms.

– Negotiate with appropriate technical and legal support.

– Comply with applicable regulatory authorities (EU, US, etc.).

On the other hand, if your invention uses a SEP, you should:

– Identify the SEPs relevant to the implemented standard.

– Negotiate and obtain the corresponding licenses.

– Document your strategy to mitigate the risk of infringement.

At Villaseca Abogados, we advise both SEP holders and companies that need to negotiate FRAND licenses in order to operate in accordance with industry standards. Our experience spans sectors including telecommunications, electronics, mining, biotechnology, and emerging technologies.

Author: Eduardo Molina, partner – head of Patent Department

At Villaseca, we are proud to announce that our Associate, María José Morales, has been selected as one of the recipients of the prestigious Belt and Road Master Program on Intellectual Property scholarship, granted by the Government of China and organized by the China National Intellectual Property Administration (CNIPA), the Ministry of Education, and the China Scholarship Council.

María José was sponsored by INAPI Chile for her application and was selected, along with Fabián Ignacio Aravena, to join this highly regarded international program in advanced intellectual property studies.

We warmly congratulate María José on this well-deserved achievement and are confident that her expertise as a patent agent in life sciences will be a valuable contribution to the program.