José Ignacio Mercado
Counseljmercado@carey.cl
+56 2 2928 2612
Counsel of Carey's Data Protection and Technology Group. His practice focuses on matters related to privacy, data protection and cybersecurity, as well as intellectual property and the development of strategies to protect intellectual and industrial property, including preparation, negotiation and implementation of technology transfer agreements such as licensing agreements, franchising agreements, distribution agreements, etc.
He also has experience assisting technology companies with the preparation and implementation of commercial scaling-up and go-to-market actions, both in Chile and abroad.
His practice also includes advice on regulation in the pharmaceutical, cosmetic, food, and medical devices industries, as well as on topics regarding marketing and promotion of these products.
REPRESENTATIVE EXPERIENCE
- LarrainVial, representing a group of investors, on the acquisition of 100% of the shares of Farmacias Ahumada, one of the three largest pharmacy chains in Chile, from Wallgreens Boots Alliance, a transnational corporation based in UK. The transaction involved an extensive due diligence of the assets and operations of Farmacias Ahumada and the negotiation of a share purchase agreement with the company that owns Farmacias Ahumada, as well as the structuring of the investment.
- Liberty Mutual Insurance, one of the largest insurance companies in the world, on the sale to HDI International (part of the Talanx Group) of Liberty Mutual’s personal and commercial business in Chile, Brazil, Colombia, and Ecuador. The acquisition is estimated for a total deal value of approximately USD1.48 billion. Upon closing, the Talanx Group is expected to become the third-largest insurer by premium income in property/casualty business in Latin America. The transaction is subject to regulatory authorizations in various jurisdictions and must comply with other usual conditions for this type of transaction.
- Blanco y Negro on corporate, commercial, contractual, labor and other matters related to the operation and business of Colo-Colo. The advice considers the commercialization of digital advertising rights over its image and trademarks, including the sale of Non-Fungible Tokens (NFT), the negotiation of advertising and sponsorship agreements, including the issuance by the sponsors of NFT, players transfer agreements, content transmission contracts and its defense on sports regulation infringement proceedings.
- Crystal Lagoons, the first Chilean Unicorn, with offices in the US and the Netherlands, on the prosecution and enforcement of its patents in more than 190 countries, including technology license agreements. Crystal Lagoons developed and patented a state-of-the-art technology that keeps crystalline water lagoons of unlimited sizes at low costs.
- Various national and international companies on the preparation of terms and conditions and privacy policies, for several industries (pharmaceutical, medical devices, banking, B2C, clinical studies, etc.)
- A national biometric identification services company on a business line divestment process.
- Various domestic and foreign clients on negotiations of technology transfer contracts, including licensing, SaaS, distribution, etc.
- A major retail company on the negotiation of the termination of a technology services contract.
- A major national restaurant chain on the design and preparation of its franchise agreements.
- Algramo on the negotiation of several contracts for the development of hardware.
- A technology company that owns the rights to an irrigation control technology platform, on its commercial scaling and expansion process.
- National and international companies on matters related to health inspection proceedings in the food, pharmaceutical, cosmetic, and medical devices industries.
- A medical devices company on its defense in an administrative proceeding, obtaining the reduction of fines from USD100,000 to USD2,000.
AWARDS AND RECOGNITIONS
- Recognized in Data Privacy, Legal 500.
- Recognized in Privacy and Data Security Law, Best Lawyers.
ACTIVITIES AND MEMBERSHIPS
- Legal Director, Crystal Lagoons, the Netherlands/Chile (2015-2018).
RELATED AREAS
EDUCATION
- Law, Universidad de Chile (Summa Cum Laude).
ADMISSIONS
- Chile (2009).
LANGUAGES
- Spanish.
- English.
