Intellectual Property

Intellectual Property litigation and enforcement

Registering a right is the first step; enforcing it is what gives it value. We represent rights holders in opposition proceedings before DINAPI, in contentious claims against decisions issued by DINAPI and in court actions such as trademark cancellations and nullity actions, with a strategy defined case by case: sometimes the answer is a negotiation, sometimes litigation.

What we do

We act at both the administrative and the judicial level, bringing actions or defending our clients' rights, according to the circumstances of each case.

  • Oppositions against third-party trademark applications that may create a likelihood of confusion or association with our clients' rights.
  • Nullity actions against trademark registrations obtained in breach of the applicable legislation, as well as cancellation actions for non-use.
  • Defence of applications and registrations against oppositions and actions brought by third parties.
  • Court actions for infringement of trademarks, patents, designs and copyright, including preliminary injunctions.
  • Cease-and-desist letters, negotiation of coexistence agreements and settlements.

How we approach each dispute

Before acting we assess the strength of the right, the available evidence, the risks and the client's objectives. Not every dispute requires litigation: a negotiation or an agreement may offer a more efficient solution. When the administrative or judicial route becomes necessary, we define the strategy and prepare the case with particular attention to evidence and to the applicable deadlines.

For international clients and foreign associates

We represent foreign companies, rights holders and law firms in administrative proceedings and court actions concerning Intellectual Property in Paraguay. We take instructions and set out from the outset the requirements, costs and documentation needed for each step.

Frequently asked questions

When should an opposition be filed?

When a third party's trademark application may affect earlier rights or create a likelihood of confusion or association. In Paraguay, the opposition must be filed within the applicable statutory period, so early detection through adequate watching is especially important.

Can a registered trademark be annulled?

Yes. Paraguayan law allows the nullity of a registration to be sought in court where the grounds provided by law are met. The viability of the action must be assessed on the background and circumstances of each case.

What measures exist against counterfeit goods?

Depending on the circumstances, civil and criminal measures may be taken, as well as precautionary measures aimed at stopping the infringement, preserving evidence or preventing the circulation of infringing goods.

Contact

Let's talk about what you need.

Tell us what you need to protect. We reply in English, Spanish or Portuguese, usually within one business day.