Tuesday, 26 January 2010

Peru edges towards adoption of Hague Apostille provisions

A note in volume 65, no.2 of the INTA Bulletin (January 15, 2010) records that, on November 9, 2009, Peru's Congress approved that country's accession to the Hague Apostille Convention. The Convention will not however enter into force until Peru deposits its instrument of accession and that deposit is acknowledged by domestic Peruvian law.

The note draws attention to the fact that this development will have an impact on various aspects of intellectual property practice and to powers of attorney granted abroad (which currently require legalisation by a Peruvian consulate in the foreign country). Under the Peruvian Industrial Property Law (Legislative Decree 1075) a power of attorney may be granted as a private document -- without consular legalization -- so long as the party appointing the attorney does not require him (i) to withdraw an application or cause of action or other procedural action; (ii) to waive a registration that has been granted or (iii) to file infringement actions for the violation of IP rights.

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