I.- New Requirements in Powers of Attorney, assignments and transfers
On November 9, 2012, the Chilean National Institute of Industrial Property (INAPI) issued its Circular Letter N°4 “About the way of appearing before the National Institute of Industrial Property”, which states in mandatory character new formalities and requirements as to the presentation of Powers of Attorney, and assignments and/or transfers. This Circular, which came into effect immediately, applies with retroactive character regarding requests submitted at INAPI from May 23, 2012.
To assist in future presentations of applications in our country, we give you an explanatory summary of its upmost relevant norms.
1) Power of Attorney
a.- Stricter deadlines to present a Power of Attorney
The Power of Attorney must be accompanied within a period of 30 days, if the applicant is domiciled in Chile, or 60 days in case the applicant´s domicile is located abroad. These periods will be taken into account from the moment the INAPI issues a resolution requiring the submission of the Power of Attorney.
The failure to submit the requested document by deadline in form, will be considered as a definite Abandonment with no possibility to reopen.
b.- Less requirements in the bestowal of Powers of Legal Entities
In case the power should be signed by the representative of a legal entity, it must clearly point out that he who signs appears on behalf of this entity, or else that such circumstance has been certified by a Notary Public.
No additional documents will be required to certify the signer´s standing as a legal person.
c.- Formalities of the power
The power must be written in Spanish, or in its shortcoming accompanied by a simple translation.
There is no need to notarize and/or certify this power at the Chilean Consulate. Yet, in every case the power will have to be accompanied in original or in a photocopy authorized by a Notary Public.
d.- Special situation of contentious cases
In case a Power was granted abroad, it is subject to the “locus regit actum” rule (the place governs the act), by which it will only be legally binding if in addition to the requirements specified by the Chilean Law, it complies with the formalities established by the local law where it was signed.
2) Assignments and Transfers
a.- Formalities for the Assignment’s Instrument of trademarks and patents
The instrument which evidences the assignment or transfer of a trademark or a patent, should be written in Spanish, or in its shortcoming, must be accompanied by a simple translation.
Although, the notarization and/or legalization of the instrument which contains the assignment or transfer application is not required, it must be accompanied, in every case, in original, or by an authorized copy certified by Notary Public. None the less, the INAPI may require the submission of more documents, in case there is doubt about the truthfulness of any indication contained in the document.