TRADEMARKS
The services rendered by ESTUDIO CHALOUPKA –Industrial Property include the preliminary search to determine whether registration of a new trademark is feasible followed by the filing and prosecution of the application including the handling of oppositions and office actions. If one or more eventual oppositions are not withdrawn during the administrative stage of proceedings, the matter may be taken to the court for decision by a judge. Oppositions against third parties’ applications may start with the advice given to clients promptly upon the publication of those applications in the Trademark Bulletin. In Argentina, oppositions may be legally decided either by a judge if an action is started by the applicant against the opponent/s, or -only if both parties agree to it- by the National Institute of Industrial Property (INPI) which is an independent government agency. A subsequent appeal to the competent court is available. More than a century-long statistics indicate that almost never the parties agree to have INPI decide. The legal department of the firm intervenes in the prosecution in court of both active and passive oppositions whenever necessary, as well as in cancellation and misuse actions.
more >
INVENTION AND MODEL PATENTS
ESTUDIO CHALOUPKA – Industrial Property advises its clients on the feasibility of patenting new technical developments. Argentina mainly imports patent work so the firm receives on a daily basis requests for the local filing and prosecution of patent applications from abroad. When required, either before the filing of the application or during its prosecution, searches are made, either national or international.
ESTUDIO CHALOUPKA – Industrial Property works with clients dealing in different fields such as biotechnology, medicine, chemistry, electricity, computers and electronic engineering and mechanics. In the case of inventions in foreign languages, translations into Spanish are made when instructed by the client, and the pertinent adaptation of specification and claims is also performed to comply with local rules and practice.
Post grant payment of annuities is also attended to when instructed by the client. In Argentina, besides the ornamental creations there are the “utility models” which are patented under less stringent prerequisites and for a shorter legal period, which apply basically to morphology-oriented inventions of physical objects.
The firm has also decades-long experience in patent litigation either against rejections by the Argentine Patent Office (INPI) or in cancellation and misuse actions.
more >
INDUSTRIAL MODELS AND DESIGNS
Same as with patents, ESTUDIO CHALOUPKA – Industrial Property handles consultation, searches, filing prosecution, renewals and eventual litigation concerning industrial (ornamental) models and designs.
LEGAL MATTERS
Providing legal counsel and representation to its local and international clients is an integral part of ESTUDIO CHALOUPKA –Industrial Property services with the objective of safeguarding their intellectual property rights. The firm has a wealth of experience in trademark, patent, copyright and counseling and litigation.
ESTUDIO CHALOUPKA –Industrial Property's attorneys, with the sponsorship and intervention of the partners and technical staff, manages client´s portfolios in such cases as oppositions, rejections, cancellations and infringement of patents, trademarks and models or designs. These actions may involve issues of unfair competition and deceitful advertising.
While ESTUDIO CHALOUPKA –Industrial Property vigorously prosecutes its clients’ interests in litigation, it will also advise the client to eventually explore alternate dispute resolution techniques. Among its successful litigious endeavors, ESTUDIO CHALOUPKA – Industrial Property was the first law firm that has attained an exclusive marketing right for one of its clients under section 70.9. of TRIPs for an invention holding a pending patent application with immediate market effect. The firm has also attained the first time ever preliminary injunction in patent infringement, and a leading case in which the patenting of a software-aided process invention was granted.
more >
LICENSE AGREEMENTS
ESTUDIO CHALOUPKA – Industrial Property´s services include the preparation and execution of license and technology transfer agreements in compliance with Argentine legal requirements. At a client's request, the firm will also execute the contracts.
COPYRIGHT
ESTUDIO CHALOUPKA – Industrial Property has extensive experience in protecting literary and artistic creations. This service includes copyright registration and licensing, contract preparation and registration before the Argentine Copyright Office of rights deriving from said contracts. When a client needs to enforce its copyright or defend claims of copyright infringement, the firm provides the litigation and negotiation skills needed to obtain the most cost effective solution. The firm has represented important clients and won leading cases against parties who claimed copyright on betting schemes and financial plants, which are not permitted under international standards.
more >
SOFTWARE
ESTUDIO CHALOUPKA – Industrial Property has sound expertise in obtaining rights over computer programs, and leads the field by the amount of applications filed in Argentina. The firm successfully defended the only case in Argentina where a patent was awarded for an invention that used software assistance.
DOMAIN NAMES
Being aware of the global evolution in communications and technology, ESTUDIO CHALOUPKA – Industrial Property has introduced both for its present clients and for the new enterprises in the area a service that involves searching, registering and maintaining domain names in Argentina and other countries.
The firm has also won one of the first cases of domain name disputes before WIPO. Furthermore, this service is linked to trademarks registered in these countries. The firm provides clients involved in these projects with rapid response and permanent updating. In order to meet those needs, ESTUDIO CHALOUPKA – Industrial Property has correspondents in the countries of interest to their clients and in a short time has built up a network that provides efficient and qualified service.
more >
