Bernardita Dittus

Associate

bdittus@carey.cl
+56 2 2928 2638

Specialist in litigation in intellectual property, focused on the solution of disputes related to intellectual and industrial rights. Her experience includes advice and representation before ordinary and special courts to national and foreign persons and companies on the defense and protection of their intellectual assets, on discussions regarding trademark rights and the use of generic elements in the market; trademark registration made with the intention of affecting the legitimate rights of third parties; the protection against infringements for unauthorized use of patents in the pharmaceutical sector, mechanical sector and other industries; the application of regulation on unfair competition and its interrelation with advertising, trademarks and trade dress cases; the application of the new food labeling regulations and their impact on trademarks; and scope of the moral and patrimonial rights of the authors and performers. Aditionally, she advises on art and cultural patrimony law and domestic and foreign regulations applied to artists, fine art and cultural property.

REPRESENTATIVE EXPERIENCE

  • Important national and international companies in the food sector on the protection of their trademarks in the light of the enforcement of the new sanitary and advertising regulations.
  • Wenco on the enforcement of its industrial property rights by filing civil actions based on patent, utility models and designs before civil courts.
  • Important pharmaceutical companies on the protection of their industrial property rights due to patent infringement.
  • A transnational publishing company on a case related to copyright infringement based on moral and economic rights.
  • A renowned contemporary artist on the protection of her moral rights affected by unauthorized modifications of her works, through the filing of civil actions.

ACTIVITIES AND MEMBERSHIPS

  • Arbitrator of the Arbitration and Mediation Center, World Intellectual Property Organization (2018).
  • Invited as expert for the discussion of the Draft Law that modifies Laws 19.039, 20.054 and Code of Criminal Procedure before the Commission of Economy, Development; Micro; Small and Medium Business, Protection of Consumers and Tourism of the Chamber of Deputies (2018).
  • Invited for the review and application of an alternative dispute resolution system, Chilean Trademark and Patent Office (2018).
  • Member of the Chilean Bar Association.
  • Member of the Chilean Association of Industrial Property (ACHIPI).
  • Member of the International Association for the Protection of Intellectual Property (AIPPI).
  • Member of the Art Law Association (ADA), Spain.
  • Member of the Italian Chamber of Commerce in Chile (2018).

SEMINARS

  • Visiting Professor, Seminary of Intellectual Property Law, International Bar Association and the Cuban National Organization of Collective Law Firms, Cuba (2018).


Education

  • Law, Universidad de Chile.
  • Master in Intellectual Property, Industrial Property and New Technologies, Universidad Autónoma de Madrid, Spain (2013).

Admissions

  • Chile (2005).

Languages

  • Spanish.
  • English.
  • Italian.


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