Member Articles

The National Institute of Industrial Property (INAPI) recently issued Notice No. 524, which provides that it will be possible to enter simple (scanned) digital copies of powers of attorney, without requiring the original document or an electronic document with an advanced electronic signature, thus making it possible to continue the processing of applications for registration, renewals, recordals, among others, during the quarantine period produced by Covid-19.

Additionally, INAPI has determined that, in relation to assignments, transfers and changes in the ownership of industrial rights, it will also be possible to submit the recordals of these acts with simple digital copies of the documents that support such acts, such as assignment or transfer deeds, documents that prove the change of name or merger of the owner of a registration or application for industrial rights, so that the normal processing of these recordal procedures can continue.

Before Notice No. 524 came into force, the documents mentioned in the preceding paragraphs had to be submitted to INAPI in hard copy or in electronic version, provided that the latter had an advanced electronic signature, which is not possible under the current health alert contingency conditions, since the Institute is not providing face-to-face attention, even though it is fully operative in remote and digital mode.

Although this measure is motivated by the pandemic we are facing, this notice will permanently rule in the future, easing the digital processing of all procedures before INAPI.

Lastly, it is worth noting that, in this circular, INAPI has reserved the right to request, during the course of any procedure, the exhibition and/or filing of the corresponding original document submitted in the aforementioned format, especially for those actions in which acts of disposition of industrial rights are carried out, such as withdrawals, abandonments, renewals, among others, as well as when there are concerns about the authenticity of any document submitted electronically.