Inspiring Women in Law: A conversation with Ximena Marsicovetere Gaytán  

‘A decisive inspiration in my life was my grandmother... Her example of strength, discipline and determination has profoundly marked my life, and was the main reason that led me to become a solicitor.’
 

Latin Counsel has had the privilege of speaking with Ximena Marsicovetere Gaytán, a solicitor specialising in corporate law and intellectual property at Alegalis in Guatemala. Guided by a vocation for justice inspired by her grandmother’s tenacity, Ximena has positioned herself as a trusted strategic advisor. With an approach that goes beyond the legal to become a business ally, she helps her clients navigate complex challenges with practical solutions. Her ability to translate complex legal concepts into clear advice and her commitment to protecting intangible assets — which she considers ‘the heart of intellectual property’ — make her a key figure in the region’s legal market.

Latin Counsel: What motivated you to study law? Was there a moment or person that inspired you to pursue this career?

Ximena Marsicovetere: From a young age, I knew that my vocation had to be linked to justice and the possibility of making a positive impact on my country’s development. I have always been a person who seeks fairness and firmly believes in the importance of contributing to the common good, which is why I found law to be the ideal way to do so. A decisive inspiration in my life was my grandmother, Lucrecia Marsicovetere Lemus, an extraordinary woman who, after being diagnosed with polio at the age of six, never allowed that circumstance to limit her dreams. Her tenacity was such that, even after spinal surgery, she attended Rafael Landívar University on a stretcher to continue her law studies. For her, any obstacle was always an opportunity to develop her full potential and achieve her goals. Pursuing this noble profession makes me feel that, in some way, I am also following in her footsteps. Her example of strength, discipline and determination has had a profound impact on my life and was the main reason I became a solicitor. Every day, I seek to honour her in what I do.

Latin Counsel: Your practice combines corporate law and intellectual property. How do these two areas complement each other in your daily work and why is it crucial for clients that a solicitor handles both?

Ximena Marsicovetere: I believe that both areas complement each other naturally. Today’s business world demands solid legal structures that allow companies to grow, but also protect their most valuable assets: their brands, creations, and know-how. From a corporate perspective, I advise clients on the incorporation of companies, the drafting and negotiation of contracts, etc. However, many of these decisions would be meaningless if they were not accompanied by adequate intellectual property protection, which ensures that innovation, brand identity and competitive advantages are safeguarded. It is crucial for clients to have a solicitor who handles both areas, because companies cannot separate their legal structure from their identity and the rights they generate. A well-protected brand, a properly negotiated licence or a franchise strategy, for example, only work if there is a clear and secure corporate foundation behind them. In my experience, integrating both areas allows us to anticipate risks, provide more comprehensive solutions and, above all, accompany clients at every stage of their business development, from the initial idea to market consolidation.

Latin Counsel: You focus on being a strategic ally for your clients. What does this mean in practice and how does it go beyond mere legal advice?

Ximena Marsicovetere: For me, being a strategic ally means going far beyond resolving specific legal issues. It involves building a relationship of trust with the client and dedicating the necessary time to thoroughly understand their business: where it comes from, what its vision is, and where it wants to go. That in-depth knowledge allows me to provide personalised advice and accompany each decision with legal strategies that are tailored to the specific reality of the company. It is not about generic solutions, but about designing solid legal structures that are aligned with each client’s business objectives. In practice, this means anticipating risks, proposing innovative alternatives, and ensuring that legal decisions become an engine for growth, not an obstacle. Being a strategic ally means walking alongside the client at every stage, ensuring that their legal framework supports their development and competitiveness.

Latin Counsel: Intellectual property protection is vital for business growth. What common mistake do companies make when trying to protect their trademarks or patents, and what advice would you give them?

Ximena Marsicovetere: A very common mistake companies make is trying to register their trademark or patent when it is already too late, usually after a third party has beaten them to it or even copied them. At that point, the process becomes much more complex, costly and, in some cases, impossible to reverse. My main advice is to never underestimate the value of a trademark, logo or name. These elements represent intangible assets that can be as important as any material asset within the company. Therefore, it is best to anticipate and protect them preventively, rather than waiting for a situation where you have to defend yourself against third parties. Another fundamental aspect is to carry out a preliminary analysis before applying for registration: verify availability, identify possible similarities in the market and, above all, look for sufficiently creative and innovative distinctive features. Ultimately, brands are a company’s calling card; they are what consumers immediately associate with a product or service. Precisely for this reason, they must be protected as the strategic asset that they are.

Latin Counsel: Throughout your career, you have participated in complex commercial negotiations. What skills do you consider essential to achieving a successful outcome in these negotiations, beyond legal knowledge?

Ximena Marsicovetere: Beyond legal knowledge, I believe that success in a negotiation depends on a combination of preparation, strategic vision and interpersonal skills. Firstly, it is key to anticipate: analyse the case from all possible perspectives, understand the business well and have a thorough understanding of what each party is looking for. This preparation allows you to come to the table with clear objectives and alternative scenarios that facilitate agreements. Secondly, active listening and empathy are essential. It is not just a matter of defending a position, but of understanding what is truly important to the other party, which often opens the door to creative solutions that generate benefits for everyone. Finally, I consider it essential to negotiate in good faith, with firmness and tenacity. Transparency builds trust, and perseverance ensures that a result is achieved that protects the client’s interests without closing the door to future business relationships. In short, a successful negotiation not only resolves a specific issue, but can also lay the foundation for lasting relationships and new business opportunities.

Latin Counsel: The Guatemalan market has unique characteristics. What legal or commercial particularities should an international company take into account when entering Guatemala?

Ximena Marsicovetere: In the legal sphere, the first thing is to properly structure the corporate entity with which they will operate, ensuring compliance with local commercial and labour regulations. Similarly, it is essential to protect intellectual property—trademarks, patents, and trade names—from the outset, as anticipating these registrations can make a difference in the consolidation of the company. Another essential aspect is to learn about the legal framework for taxation, so that the tax obligations applicable to the business model are understood and future risks are avoided. In the commercial sphere, Guatemala is a market where relationships of trust and business reputation carry significant weight. Strategic alliances with local partners, knowledge of consumer habits and sensitivity to cultural dynamics are factors that can significantly enhance the success of the investment. Ultimately, entering the Guatemalan market requires a combination of rigorous regulatory compliance with a commercial strategy that values trust and the building of sustainable long-term relationships.

Latin Counsel: Your participation in the Investment Arbitration Competition (CAII) earned you second place. How did you apply the argumentation and dispute resolution skills you acquired in that experience to your current practice?

Ximena Marsicovetere: The first big lesson I learned from the Investment Arbitration Competition was to believe in myself. That confidence in my knowledge and preparation allowed me to convey assurance, convince the other side, and generate credibility with those evaluating the arguments. Another invaluable lesson was teamwork: listening to different points of view, identifying the best of each idea, and integrating it into a solid argument. That dynamic taught me that diversity of perspectives strengthens any dispute resolution strategy. It was also an experience that enhanced my communication and public speaking skills, which are essential for expressing complex legal positions with clarity and conviction. Today, I apply all these tools in my professional practice. My ability to understand problems from different angles, seek comprehensive solutions, work in a team, and not hesitate to rely on experts in specific areas allows me to provide my clients with more solid, strategic, and reliable support.

Latin Counsel: Guatemala and the Central American region have gained visibility in the nearshoring strategy. What are the main legal and intellectual property challenges that foreign companies must face when moving their operations to the region to take advantage of this trend?

Ximena Marsicovetere: Firstly, choosing the right corporate structure, complying with local commercial and labour requirements, and understanding the tax regulations applicable to the business model. A lack of clarity at this stage can lead to costly contingencies in the future. It is therefore essential that investors rely on local experts to accompany them throughout the process and design a corporate structure that meets the objectives of international entrepreneurs while complying with legal and regulatory requirements in Guatemala. A second challenge is the protection of industrial property. Companies often enter the market without first registering their trademarks, patents or industrial designs, and without even checking whether third parties have already registered them, which is quite common. In an expansion strategy, industrial property is a strategic asset that must be protected preventively. Thirdly, it is essential to consider the contractual environment, from negotiations with suppliers and local partners to compliance with commercial and competition standards and, in some cases, regulatory issues for companies operating in very specific industrial sectors. To take advantage of nearshoring in the region, comprehensive legal support is required to guarantee legal certainty and protect the interests of companies, which will be able to proceed with the certainty that everything is in order and, as a result, successfully develop their commercial activities.

Latin Counsel: Beyond traditional corporate investment, what role does the Guatemalan legal framework play in the growth of emerging industries such as fintech or technology start-ups?

Ximena Marsicovetere: Although Guatemala does not yet have specific regulations for fintechs like some other countries, there are general legal frameworks in place for commerce, intellectual property, and consumer protection that are essential for these companies to structure themselves, attract investment, and grow in a structured manner. A key aspect is the protection of innovation. Registering intellectual property and having a good contractual structure allows startups to safeguard what makes them different and competitive. Similarly, in the case of fintechs themselves, it is essential to comply with regulations related to money laundering prevention, data protection issues (although Guatemala does not have a specific law) and financial regulation, as these are industries that rely on trust and the responsible handling of sensitive information.

Latin Counsel: The protection of intangible assets is key to attracting investment. How robust is patent and copyright protection in Guatemala for investors seeking to develop innovative projects in the region?

Ximena Marsicovetere: Guatemala has a robust legal framework for intellectual property, with specific regulations for the protection of patents and copyrights, in line with international agreements such as TRIPS and WIPO treaties. This provides investors with legal certainty to develop innovative projects, provided that registration is anticipated and accompanied by an adequate legal strategy to ensure the defence of these assets.

Latin Counsel: In the field of intellectual property, what role do creativity and innovation play in your work?

Ximena Marsicovetere: Creativity and innovation are at the heart of intellectual property. In my work, I not only protect legal assets, but also the ideas that make companies unique. My role is to transform that creativity into a recognised and protected right, so that innovation can be converted into growth and development. Similarly, there are cases in which clients involve me in the process of creating their brands. We analyse their ideas, work together with their graphic designers and marketing teams, and they ask for my opinion. In short, it is extremely interesting and enriching to be part of their creative process.

Latin Counsel: How has intuition helped you anticipate conflicts or make key decisions in your cases?

Ximena Marsicovetere: It has allowed me to read between the lines, to anticipate scenarios that are sometimes not so obvious. That sensitivity, combined with legal analysis and the experience of my team, especially my mentors who already have a long track record, allows me to make strategic decisions and prevent conflicts before they escalate. Intuition, hand in hand with preparation, is ultimately a powerful tool in legal practice.

Latin Counsel: What do you consider to be the most valuable intangible asset a company can have, and how do you ensure that your clients protect it effectively?

Ximena Marsicovetere: Definitely industrial and intellectual property. I ensure that they protect it effectively by understanding their business model and, in some cases, accompanying them from the creative process, anticipating registrations to guarantee the protection of their rights, and constantly reminding them of the strategic value of their brands, patents, etc., as they are the basis of their identity and competitiveness in the market.

Latin Counsel: In the context of digitalisation, what new challenges do you see in the protection of intellectual property and the formalisation of contracts?

Ximena Marsicovetere: I believe that ultimately the main challenge is the issue of regulating artificial intelligence. Today, there are many discussions about who owns brands, works or creations generated by AI and how these rights should be protected, for example. In terms of contracts, the biggest challenges are related to confidentiality and information management, as businesses increasingly depend on sensitive data and also rely more on digital platforms to operate. I believe that we should not be afraid of technological advances, but rather seek to adapt and create solid legal frameworks that allow the use of new tools in a regulated and secure manner. In Guatemala in particular, I believe it is essential to promote the creation of a data protection law. At the international level, treaties should be created to regulate the entire issue of artificial intelligence.

Latin Counsel: Your work is based on being practical and clear in your communication. How do you simplify complex legal concepts so that your clients, who are not lawyers, can make informed decisions?

Ximena Marsicovetere: I reiterate that the key is a relationship of trust with the client. When I have a good understanding of their business and their objectives, it is much easier for me to translate legal concepts into practical ideas that they can apply. I also always seek to have an open channel of communication. This allows clients to feel confident in asking me anything they do not understand and allows me to resolve any doubts immediately. Ultimately, my goal is for the client to have clear information so they can make confident and well-informed decisions.

Latin Counsel: What role do you think female solicitors play in the Guatemalan legal market today, and what advice would you give to young women starting their careers?

Ximena Marsicovetere: Today, female solicitors play an indispensable role in the Guatemalan legal market. We are seeing more and more women occupying key positions in the country’s most renowned firms and in highly relevant companies, which shows that there are more opportunities for professional development and spaces to excel on equal terms. To young women starting their careers, I would say not to be afraid. Believe in yourselves, constantly prepare yourselves, and seek to combine your studies with practice, because the training you get from your daily work is invaluable. I would also advise them to speak with confidence, give their opinion and trust that their preparation backs them up. It is essential to always remain true to your values and essence, surround yourself with more experienced professionals who are willing to teach and take advantage of those learning opportunities. In my case, I have been fortunate to have female bosses who have guided me with generosity and solid principles, and that example inspires me to continue working to pave the way for others.

Latin Counsel: As a solicitor, your schedule must be very demanding. How do you balance your professional and personal life?

Ximena Marsicovetere: I think this is part of what university doesn’t teach you, but life inevitably leads you to learn. In my case, I try to devote myself fully to my responsibilities during working hours, and when I leave the office, I switch off my "lawyer mode". I have relied heavily on exercise and on creating quality time with my family and partner. At weekends, I try to devote myself to resting and doing activities I enjoy. Of course, there are times when work demands more of my time than usual, but I always seek to maintain a balance.

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