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Intellectual Property

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including commercialization and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in 40 countries, we understand your business needs, having worked with some of the best-known brands.

The right brands will win the hearts and minds of your customers. The right patents will prevent others from exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. We focus on key sectors relevant to you such as life sciences, automotive, machinery, manufacturing, and consumer products. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, we will guide you through the litigation process.

"They are very rigorous in the monitoring and development of all the cases that we have. I highlight their proactivity and advice on the best action for the protection of the brand. We can safely say that it is a professional team with high quality standards, and which is comparable to any large firm"

The Legal 500 - 2021

"They have a great capacity to react to any subject. We would highlight, as our benchmark in the country, the great work of Matías Somarriva"

The Legal 500 - 2021

"Follow-up and personal service are key components of a good working relationship between clients and a firm, and CMS Carey & Allende are excellent communicators"

The Legal 500 - 2021

"Its attention to detail and knowledge makes it one of the best in Chile. It gets excellent results that ultimately keep your brand safe"

WTR 1000 -2019
22/04/2020
CMS Ex­pert Guide to the Cov­id-19 pro­ced­ur­al dead­lines for IP law
An over­view by our In­tel­lec­tu­al Prop­erty Ex­pert­sAs in all as­pects of busi­ness, COV­ID-19 is im­pact­ing the world of IP and the po­s­i­tion is con­stantly chan­ging. To help you pri­or­it­ise and plan, the Glob­al IP prac­tice at CMS has put to­geth­er an over­view

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06/09/2021
Trans­fer of IP rights in Chile
Pat­ents: As­sign­ment 1. How may a pat­ent be as­signed (by law and/or trans­ac­tion) and is it re­quired to re­cord the as­sign­ment in the na­tion­al pat­ent re­gister to be­come ef­fect­ive?  In­dus­tri­al prop­erty...
Comparable
14/06/2021
EPO ap­proach to ex­amin­ing com­puter im­ple­men­ted in­ven­tions
On Tues­day 25 May 2021, Heli Pih­la­jamaa, dir­ect­or of pat­ent law at the European Pat­ent Of­fice, gave a present­a­tion to CIPA’s com­puter tech­no­logy com­mit­tee on the Pat­entab­il­ity of com­puter-im­ple­men­ted...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
23/03/2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
28/09/2020
High Court con­firms that the class of in­ven­tions cre­ated by AI ma­chines...
The High Court has con­firmed that the class of in­ven­tions cre­ated by AI ma­chines is not pat­entable. The de­cision po­ten­tially leaves the door open for hu­man own­ers of AI ma­chines to list them­selves as...
13/08/2020
Sus­tain­able food pro­gress may close glob­al reg­u­lat­ory gap
In­nov­a­tion in the sus­tain­able food sec­tor is for­ging ahead at a re­mark­able pace. Our cur­rent food sources ac­count for nearly one-third of glob­al GHG emis­sions while con­sumers are in­creas­ingly bet­ter edu­cated...
08/07/2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
23/06/2020
Cov­id-19 pro­ced­ur­al dead­lines for in­tel­lec­tu­al prop­erty law in Chile
Court Hear­ings, ju­di­cial ac­tions and dead­lines may be sus­pen­ded as of March 27, 2020 un­til after the end of the state of cata­strophe (June 19, 2020). No auto­mat­ic ex­ten­sion of dead­lines.Tasks that can...
04/05/2020
EPO Board of ap­peal re­mits to ex­amin­ing di­vi­sion when pri­or art search...
In Mod­el de­term­in­a­tion sys­tem/Ac­cen­ture Glob­al Ser­vices Lim­ited (Case T-1159/15), the board of ap­peal finds that need to per­form a pri­or art search con­sti­tutes a spe­cial reas­on to re­mit the ap­peal ap­plic­a­tion...
30/04/2020
USPTO finds an in­ven­tion cre­ated by an AI ma­chine is not pat­entable
The US Pat­ent and Trade Mark Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The USPTO ac­cep­ted the in­dic­a­tion...
31/01/2020
UK In­tel­lec­tu­al Prop­erty Of­fice finds that pat­ent law does not cater for...
The UK In­tel­lec­tu­al Prop­erty Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The UKIPO ac­cep­ted the in­dic­a­tion...
17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware...