Carlos Araya

caraya@magliona.cl

PRACTICE

Carlos focuses on intellectual and industrial property, specializing in trademarks, patents, licenses, and litigation related to intellectual property protection. His expertise includes comprehensive advice in the production of films and series in Chile, spanning from rights acquisition to the exploitation of audiovisual works.

Ranked by (i) Best Lawyers 2024 in Media Law; (ii) The Legal 500 Latin America 2023 in Intellectual Property (Rising Star), Data Protection, and TMT; and (iii) IP Stars 2023 as a Rising Star.

PROFESSIONAL EXPERIENCE

Carlos joined Magliona Abogados in 2013, succeeding in patent and utility model litigation. Between 2021 and 2022, represented remarkably local manufacturers in litigations against a multinational company, solidifying his reputation in safeguarding local interests. He led the successful revocation of a domain name for Mercado Libre at WIPO in 2021. In transactions, he collaborated with Amazon Prime Video, negotiating contracts for the development and production of local audiovisual works, including notable local projects.

On the transactional side, Carlos has collaborated significantly with Amazon Prime Video, negotiating development and production contracts for series, films and documentaries such as the “Sayen” trilogy, “Desconectados” and “Los Sobrevivientes”.

In 2023, he participated in UCLA’s “Documentary Film Clinic,” contributing to the drafting of Opinion Letters for Errors and Omissions (E&O) insurance. As a law clerk at Sheppard Mullin Richter & Hampton LLP, Los Angeles, he was involved in drafting and negotiating production contracts and music licenses for Amazon Prime Video, along with reports on the impact of artificial intelligence on entertainment contracts. Additionally, he provided support in preparing reports on the impact of artificial intelligence on entertainment contracts with talents for a prominent technology company. Furthermore, he collaborated in drafting contracts for a diverse group of independent producers.

ACKNOWLEDGEMENTS

PUBLICATIONS

• “Towards an open exception to copyright in Chile: A normative proposal in light of fair uses” in the Chilean Journal of Law and Technology, Vol. 6, No. 1, 2017.
• “Catch Me If You Can: When the Law Cannot Reach Technology Innovation in Chile” in Paradigm (2019).
• “Legal challenges of artificial intelligence in Chile” in the Chilean Journal of Law and Technology, Vol. 9, No. 2, 2020.
• “Algorithmic transparency: A normative or technological problem?” in CUHSO Journal (Temuco), Vol. 31, No. 2, 2021.
• Since 2019, he has been an author for Chambers and Partners for the Cybersecurity and Data Protection & Privacy guides, as well as for Lexology Getting the Deal Through, specifically for the Chile chapters of Licensing (2022), Digital Business (2023), and Data Protection and Privacy (2024).

EDUCATION

• Law, Universidad Adolfo Ibáñez, Bachelor of Laws, LLB (2011).
• Diploma in Intellectual Property, Pontificia Universidad Catolica de Chile (2016).
• International Professional Summer Program Understanding U.S. Intellectual Property Law at Stanford University (2019).
• HarvardX, Harvard Law School, in collaboration with the Berkman Klein Center for Internet and Society, CopyrightX (2020).
• LLM with a specialization in Media, Entertainment, Technology, and Sports Law and Policy, University of California, Los Angeles (UCLA) (2023).

LANGUAGES

Spanish and English.