Attorney Marcelo Rodriguez

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A lawsuit for infringement of the law of property intellectual 17.336, whose latest amendments went into effect on May 4, filed the morning of May 19 the regional creator Oscar Ziehlmann, against Daniel Fernandez in his capacity as legal representative of HidroAysen, society composed of Endesa and Colbun that seeks to build five dams on the Baker and Pascua rivers. The appeal was lodged in the Prime Juzgado de Letras de Coyhaique and originates in the publication of the book myths, legends and customs of Aisen of the writer Felix Elias, in which society would have acted as editor, and which contains photographs of his own about his works (carved stones) without permission for such an action. The presentation coincided with the first visit the Executive Vice-President of the society held during that week to the Aysen Region. The disputed book was officially launched in December 2009, a joint activity between the author, HidroAysen and the municipality of Coyhaique. In the letter, sponsored by Attorney Marcelo Rodriguez, Ziehlmann points out that this grave situation is unacceptable to the grantor, as I’ve stated publicly in opposition to the designated project, being a true mockery my rights as a creator of the aforementioned works, that trampling the rights established in law 17.336, are included by the defendant company, my creations in this book. The respondent could not less than knowing that the creations to which I have referred are my intellectual property and that therefore were protected by such legislation. Filed the lawsuit, Rodriguez indicated that his defendant has been absolutely violated his rights, every time that he has a right to intellectual property in their works.

He is author of many carved in stone and they have unfortunately been misused in a book, published and edited, we understand us, HidroAysen’s absolutely illegally, i.e. without respecting intellectual property rights. He referred specifically to article 84 of the 17.336 law which States that which, will incur civil liability without authorization of the owner of the rights or the law, and knowing or should know that it will induce, will allow, facilitate or hides an infringement of any copyright or neighboring rights, delete or alter any rights management information, or distribute, import for distributionemit, communicate or make available to the public copies of works or phonograms, knowing that rights management information has been removed or altered without authorization being understood as rights management all information that identifies the work, its author or the holder of the right on this.