POWERS OF ATTORNEY –POA–FOR TRADEMARK AND PATENTAPPLICATIONS IN LATIN AMERICAContentsArgentina ..............................
ArgentinaThere are currently 3 options for POAs in Argentina: Through an Argentinean Consulate.POA needs attestation from...
BoliviaThere is currently 1 procedure for POAs in Bolivia: Through a Bolivian Consulate.The POA needs attestation from a ...
ChileThere is currently 1 procedure for POAs in Chile: Through a Chilean Consulate.POA needs attestation from a notary or...
ColombiaThere are currently 3 options for POAs in Colombia: Simplified procedure.POAs for Colombia don’t require to be at...
EcuadorThere are currently 2 options for POAs in Ecuador: Through an Ecuatorian Consulate.The POA needs attestation from ...
MéxicoThere are currently 3 options for POAs in Mexico: With the presence of witnesses.POA does not need to be notarized ...
Panama.There are currently 2 options for POAs in Panama: Through a Panamanian Consulate.The POA needs attestation from a ...
PeruThere are currently 3 options for POAs in Peru: Simplified procedure.POAs for Peru don’t require to be attested, and ...
VenezuelaThere are currently 2 options for POAs in Venezuela: Through a Venezuelan Consulate.The POA needs attestation fr...
First, you’ll have to find a country withconsular relations with Argentina and aConsulate in your country.e.g.: PanamaThen...
Other Recommendations There are two kinds of POAs: Regular POAs and Assignment POAS.The regular POA is the standard form ...
Guide to powers of attorney (POAs) in Latin America for IP matters
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Guide to powers of attorney (POAs) in Latin America for IP matters

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Guide to powers of attorney (POAs) in Latin America for IP matters

  1. 1. POWERS OF ATTORNEY –POA–FOR TRADEMARK AND PATENTAPPLICATIONS IN LATIN AMERICAContentsArgentina ........................................................................................................ 2Bolivia ............................................................................................................. 3Chile ................................................................................................................ 4Colombia......................................................................................................... 5Ecuador........................................................................................................... 6México ............................................................................................................ 7Panama........................................................................................................... 8Peru................................................................................................................. 9Venezuela .....................................................................................................10What to do when there’s no Consulate in your country? ............................11Other Recommendations .............................................................................12
  2. 2. ArgentinaThere are currently 3 options for POAs in Argentina: Through an Argentinean Consulate.POA needs attestation from a notary or government official. Then, the POA must be legalizedbefore the Argentinean Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the lengthier standard procedure. It should only be used when the Apostille procedure isnot available.You may look for the Argentinean Consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. Through an Apostille.Argentina is party to the Hague Apostille Convention. If your country is also a contracting party,an Apostille is sufficient for the required POA.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the simplest and most effective procedure.Check if your country has approved this convention by clicking here.Check the competent authority to Apostille in your country by clicking here.Learn more about the Apostille procedure by clicking here Urgent ApplicationsIn case of urgency, it’s possible to use just a signed copy by the applicant, but the original POAmust be presented within 40 days. The original document should follow one of the proceduresexplained above.This is the fastest procedure, but there may be an increase in the official fees to be paid.Both documents should be sent to the mailing address indicated by us. This is usually anaddress different than our headquarters in Bogotá.
  3. 3. BoliviaThere is currently 1 procedure for POAs in Bolivia: Through a Bolivian Consulate.The POA needs attestation from a notary or government official. Then, the POA must belegalized before the Bolivian Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the only available procedure for POAs in Bolivia.You may look for the Bolivian consulate in your country, by clicking hereWhat to do when there’s no such Consulate in your country? learn more. Bolivia is not a party to the Hague Apostille Convention. Such procedure is not available.
  4. 4. ChileThere is currently 1 procedure for POAs in Chile: Through a Chilean Consulate.POA needs attestation from a notary or government official. Then, the POA must be legalizedbefore the Chilean Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the only available procedure for POAs in Chile.You may look for the Chilean consulate in your country, by clicking hereWhat to do when there’s no such Consulate in your country? learn more. Chile is not a party to the Hague Apostille Convention. Such procedure is not available. According to Law N° 20.569 of Chile, notarizing and legalizing won’t be required anymore.This law is not in force yet.
  5. 5. ColombiaThere are currently 3 options for POAs in Colombia: Simplified procedure.POAs for Colombia don’t require to be attested, and they don’t require to be legalized before aColombian Consulate. The POA only requires to be signed by our client.Then, the document should be sent to the mailing address indicated by us. It is usually theaddress of our headquarters in Bogotá.This is the quickest possible procedure for POAs in Colombia. Through a Colombian Consulate or Apostille.Exceptions to the simplified procedure apply when you’re desisting on an application, or givingup a legal right. Only in such cases, you must; ConsulatePOA needs attestation from a notary or government official. Then, the POA must be legalizedbefore the Colombian Consulate in your country.Then, the document should be sent to the mailing address indicated by us. It is usually theaddress of our headquarters in Bogotá.This is the lengthiest procedure; you should only use it when the Apostille procedure is notavailable.You may look for the Colombian consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. ApostilleColombia is party to the Hague Apostille Convention. If your country is also party to theconvention, an Apostille will be sufficient.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. It is usuallythe address of our headquarters in Bogotá.Check if your country has approved this convention by clicking here.Check the competent authority in your country by clicking here.Learn more about the Apostille procedure by clicking here
  6. 6. EcuadorThere are currently 2 options for POAs in Ecuador: Through an Ecuatorian Consulate.The POA needs attestation from a notary or government official. Then, the POA must belegalized before the Ecuatorian Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the lengthier standard procedure. It should only be used when the Apostille procedure isnot available.You may look for the Ecuatorian consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. Through an Apostille.Ecuador is party to the Hague Apostille Convention. If your country is also a contracting party,an Apostille is sufficient for the required POA.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the simplest and most effective procedure.Check if your country has approved this convention by clicking here.Check the competent authority to Apostille in your country by clicking here.Learn more about the Apostille procedure by clicking here.
  7. 7. MéxicoThere are currently 3 options for POAs in Mexico: With the presence of witnesses.POA does not need to be notarized or apostilled. The POA must be signed in the presence oftwo witnesses, who should sign the POA as such.When the applicant is a company, the witnesses must also declare that the person signing isempowered to do so, citing the relevant documents for such power.The document should then be sent to the mailing address indicated by us. This is usually anaddress different than our headquarters in Bogotá.This is the simplest, quickest procedure for POAs in Mexico. Through a Mexican Consulate or Apostille.Exceptions to the simplified procedure apply when there’s litigation (Annulment, caducity,cancellation and infringement actions). Only in this cases ConsulatePOA needs attestation from a notary or government official. Then, the POA must be legalizedbefore the Mexican Consulate in your country.Then, the document should be sent to the mailing address indicated by us. This is usually anaddress different than our headquarters in Bogotá.This is the lengthiest procedure; you should only use it when Apostille isn’t available.You may look for the Mexican consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. ApostilleMexico is party to the Hague Apostille Convention. If your country is also party to theconvention, an Apostille will be sufficient.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.Check if your country has approved this convention by clicking here.Check the competent authority in your country by clicking here.Learn more about the Apostille procedure by clicking here.
  8. 8. Panama.There are currently 2 options for POAs in Panama: Through a Panamanian Consulate.The POA needs attestation from a notary or government official. Then, the POA must belegalized before the Panamanian Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the lengthier standard procedure. It should only be used when the Apostille procedure isnot available.You may look for the Panamanian consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. Through an Apostille.Panama is party to the Hague Apostille Convention. If your country is also a contracting party,an Apostille is sufficient for the required POA.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the simplest and most effective procedure.Check if your country has approved this convention by clicking here.Check the competent authority to Apostille in your country by clicking here.Learn more about the Apostille procedure by clicking here Urgent ApplicationsIn case of urgency, it’s possible to file an application without a POA. In this case, you must pay acaution of approximately USD$100. The POA must be presented within 2 months and it mustfollow one of the procedures explained above. The caution will be returned to the applicantonce the POA is filed before de PTO. This same procedure applies when Certificates ofIncorporation are required.This is the fastest procedure, but there may be an increase in the official fees to be paid.Both documents should be sent to the mailing address indicated by us. This is usually anaddress different than our headquarters in Bogotá.
  9. 9. PeruThere are currently 3 options for POAs in Peru: Simplified procedure.POAs for Peru don’t require to be attested, and they don’t require to be legalized before aPeruvian Consulate. The POA only requires to be signed by our client.The document should then be sent to the mailing address indicated by us. This is usually anaddress different than our headquarters in Bogotá.This is the quickest possible procedure for POAs in Peru. Through a Peruvian Consulate or Apostille.Exceptions to the simplified procedure apply when there are changes to the legal status of IPowners, such as change of name and address, assignment or transfer of IP rights, orinfringement actions. ConsulatePOA needs attestation from a notary or government official. Then, the POA must be legalizedbefore the Peruvian Consulate in your country.Then, the document should be sent to the mailing address indicated by us. his is usually anaddress different than our headquarters in Bogotá.This is the lengthiest procedure; you should only use it when the Apostille procedure is notavailable.You may look for the Peruvian consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. ApostillePeru is party to the Hague Apostille Convention. If your country is also party to the convention,an Apostille will be sufficient.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.Check if your country has approved this convention by clicking here.Check the competent authority to an Apostille in your country by clicking here.Learn more about the Apostille procedure by clicking here
  10. 10. VenezuelaThere are currently 2 options for POAs in Venezuela: Through a Venezuelan Consulate.The POA needs attestation from a notary or government official. Then, the POA must belegalized before the Venezuelan Consulate in your country.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the lengthier standard procedure. It should only be used when the Apostille procedure isnot available.You may look for the Venezuelan consulate in your country, by clicking here.What to do when there’s no such Consulate in your country? learn more. Through an Apostille.Venezuela is party to the Hague Apostille Convention. If your country is also a contracting party,an Apostille is sufficient for the required POA.The POA needs attestation from a notary or government official. Then, the POA must be takento the competent authority to issue an Apostille.Afterwards, the document should be sent to the mailing address indicated by us. This is usuallyan address different than our headquarters in Bogotá.This is the simplest and most effective procedure.Check if your country has approved this convention by clicking here.Check the competent authority to Apostille in your country by clicking here.Learn more about the Apostille procedure by clicking here
  11. 11. First, you’ll have to find a country withconsular relations with Argentina and aConsulate in your country.e.g.: PanamaThen, you must go to the PanamanianConsulate in your country and legalizethe POAThe POA will then be sent to ouroffices in ArgentinaOnce in Panamá, the POA must betaken to the Argentinean Consulate inPanamá and legalized again (This willbe done by our attorneys)Send the legalized POA to our offices inPanamá (We’ll provide the address)And that’s it. Your POA will be ready tobe used for Intellectual Propertyprocedures in Argentina.What to do when there’s no Consulate in your country?It’s possible that you won’t find the Consulate you need in your country. Each country hasconsulates in certain territories and some countries have very few consulates.This is the procedure to solve such issue:Let’s say you’re in Yemen, and you need to legalize a POA for Trademark or Patent issues inArgentina, and you realize that Yemen doesn’t have an Argentinean Consulate.Before starting this process let us know about this issue, we’ll advice you on how to proceed,what Consulates to use and our attorneys in all of Latin America will be ready to assist you andspeed up the procedure.
  12. 12. Other Recommendations There are two kinds of POAs: Regular POAs and Assignment POAS.The regular POA is the standard form for IP Procedures in each country.The assignment POA is for assignment procedures only.We’ll provide you with the correct POA when you acquire one of our legalservices. Each POA will have a Letter of Instructions in the last page. It is very importantto read these instructions very carefully. Sometimes, additional documents will be required, such as Certificates ofIncorporation (for corporations) or Affidavits (for trademark cases). We willtell you when these documents are necessary, and they’ll have to be legalizedwith the POA and sent to us. Always remember to read instructions very carefully when notarization isrequired. Sometimes it is required to certify the authenticity of the wholedocument, and sometimes it’s just the identity of the signer. Always askbefore getting a document attested by a public notary and make sure heunderstands your request. This is especially important for procedures in Peru. Please keep in mind the following differences: Notarization: This is the attestation made by a Public Notary. He mayattestate only the identity of the signer, or the authenticity of thewhole document. Legalization: Attestation by a Consulate. They attestate the identityof the government official that signed a certain document (e.g.: aPublic Notary) Apostille: Procedure created by the Hague Apostille Convention. Itworks just like a legalization. There’s a government official in eachcountry in charge of issuing Apostilles. Mistakes in POAs can result in the rejection of the application and increasedcosts in your procedures. Please don’t hesitate to ask whenever you have questions. We’ll be glad toassist you. Contact us at info@brlatina.com

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