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ARTICLE · 18 MARCH 2017

The Key To Protecting Your IP In Latin America

Owners of intellectual property (IP) have many ways to protect their valuable assets.

ChileIntellectual Property

Owners of intellectual property (IP) have many ways to protect their valuable assets. Perhaps, the most obvious way is to register intellectual property in the relevant jurisdictions and then enforce those IP right against third party infringers.

When it comes to doing business in which your IP is involved, specially in Latin American countries, two key points should be taken into account: (1) that your IP rights be registered before the relevant governing body, and (2) contracts should be drafted in writing and IP should be covered in such agreements.

In regards to the first point, it is very important to protect your IP by means of registration, since, unlike what happens with copyright in which it is enough with the creation of the work to be considered the author. In the case of industrial property, the right is acquired through registration. If there is no registration, it will be very difficult to defend the rights of unauthorized use by third parties.

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