María José Martabit

Associate

mjmartabit@carey.cl
+56 2 2928 2638



Her practice focuses on legal advisory on matters of consumer law and advertising legislation, including digital marketing, product liability, recalls, adhesion contracts, and e-commerce platforms. Additionally, her practice includes advice on legal defense of companies before collective or individual actions, information requirements of authorities on consumer matters, preventive actions, mediations or complaint procedures before the National Consumer Service (Sernac) and the Self-Regulatory and Advertising Ethics Council (Conar). In addition, her general practice includes advice on intellectual and industrial property issues as well as litigation, unfair competition, licensing, distribution and franchising, among other subjects.


REPRESENTATIVE EXPERIENCE

  • Kimberly Clark on filing an ethical claim before CONAR, regarding misleading advertising related to one of its products.
  • Riot Games Services on a successful defense in which the Court validated the Terms and Conditions of one of its videogames.
  • Enel on a successful defense based on the inapplicability of the Consumer Protection Law that implied the Court’s declaration of its lack of competence.
  • Evercrisp on filing an evidentiary preliminary injunction aimed to prepare a civil action for unfair competition based on unauthorized commercial use (trade dress) of a snack category product by a competitor.
  • A multinational company before civil court in unfair competition action.
  • A multinational company before civil court in trademark infringement.
  • A multinational company before civil court in patent infringement action.
  • A multinational company before a local court house in false and misleading advertisement action.

AWARDS AND RECOGNITIONS

  • Recognized in Consumer and Advertising Law, The Legal 500.
  • Recognized in Consumer Law, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Board of the Expert Female Lawyers Commission, Colegio de Abogados de Chile (Chilean Bar Association).
  • Professor of the Degree in Consumer Law, Law School, Universidad Católica de Chile (since 2019).
  • Professor of "Advertising Law", Law School, Law School, Universidad Católica de Chile (since 2019).
  • Professor of "Women Leadership in Law", Law School, Universidad Católica de Chile (since 2019).
  • Professor of the Degree in Consumer Law, Law School, Universidad de Chile (since 2019).
  • Associate Professor of "Intellectual Property and Advertising Law", Law School, Universidad Católica de Chile (since 2018).
  • Associate Professor, Master in Marketing Management, Course "Regulatory Aspects of Marketing and Branding in Chile", Business School, Universidad Adolfo Ibáñez (since 2018).
  • Associate Professor of "Digital Marketing Regulation", Asociación de Marketing Directo y Digital de Chile (AMDD) (2017).
  • Associate Professor of "Intellectual Property & Current Trends in The Digital Era", Law School, Universidad Católica de Chile (since 2016).
  • Guest Lecturer, Intellectual Property Degree, Law School, Universidad Católica de Chile (since 2016).
  • Guest Lecturer, Intellectual Property Law, Graduate Certificate in International Contracts and Business Law, Universidad de Chile (2015).
  • Intellectual Property Legal Intern, RealNetworks (USA) (2014).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of the Chilean chapter in ICLG - Consumer Protection, Gobal Legal Group (2020).

SEMINARS

  • Presenter, X National Conferences of Consumer Law: “About the impossibility to compensate diffuse damages on a class action procedure after the recent Law 21.081 that reinforces SERNAC´s powers”, Universidad Andrés Bello (2020).
  • Presenter, Seminar on Commercial Advertising - Law issues and perspectives of solutions: “Comparative advertising in Chilean jurisprudence: Parody vs. defamation: Misleading advertising or fair use”, Fundación Fueyo, Universidad Diego Portales, Fondecyt 1190200 (2020).
  • Presenter, V International Congress of Consumer Law: “Jurisprudential trends on E-commerce and the error in prices: misleading advertising or abuse of rights?” Universidad Autónoma (2020).
  • Presenter, IX National Conferences of Consumer Law: “Marketplace: Analysis of recent court rulings from a consumer law perspective” Universidad Arturo Prat (2019).
  • Presenter, IV International Congress of Consumer Law and Regulation: “Latest jurisprudential trends on digital platforms and consumer rights”, Universidad Autónoma (2019).
  • Presenter, Lecture "Regulatory and Legal Aspects of E-Commerce", Business School, Universidad Adolfo Ibáñez (2018).
  • Presenter, Global Innovation Law Summit, University of Washington (2016).
  • Presenter, Lectures Cycle "UC Technologies: Chilean Innovations to the World", Innovation Center, Universidad Católica de Chile (2016).
  • Presenter, Fashion Law Seminar Law School at Universidad Mayor (2016-2017).
  • Presenter, "First Intellectual and Industrial Property Workshop", Universidad Católica de Chile (2016).
  • Presenter, Lectures Cycle for the innovation: Approaching the Laws to the Engineering, Universidad de Chile (2015).

EDUCATION

  • Law, Universidad Católica de Chile.
  • Degree in Chilean Tort Law, Universidad Católica de Chile (2010).
  • LL.M. in Intellectual Property Law and Policy, University of Washington (USA) (2014).
  • Outstanding Student Award, University of Washington (USA) (2014).
  • Recognized in C.A.L.I. Excellence for the Future Award, Intellectual Property Law Seminar Recipient (2014).
  • Women's Leadership Program, Yale School of Management (USA) (2018)

ADMISSIONS

  • Chile (2007).

LANGUAGES

  • Spanish.
  • English.