June 25, 2021

Powers of Attorney Granted Abroad by Entities-Intellectual Property

By Adrián Salgado

Recently, the Second Chamber of Mexico’s National Supreme Court of Justice published the case decision, which is a precedent by contradiction, under number PC.I.A. J/170 A (10a.), which decision is titled: “Powers of attorney granted by entities abroad. Interpretation of Article 181, Section IV, of the Industrial Property Law (in force as of November 4, 2020).” In such binding precedent, all members of the Administrative Court for the First Circuit held that from a historic, systematic and harmonious interpretation of article 181, section IV of the aforementioned Law, it is not enough that a power of attorney abroad is granted pursuant to the applicable laws of the place where is granted, or pursuant to international treaties, but also that “it is an essential requirement that the legal existence of the entity is attested to, as well as the authority of grantor to do so,” since “concluding otherwise would contradict the commitments assumed by Mexico in international treaties of mandatory compliance”. Notwithstanding the foregoing, it is always advisable to review the applicable provisions and analyze such keeping in mind the purposes for which the powers of attorney are required, and then include the specific elements required for such to be valid and to avoid potential problems.


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Issue 153 - May-June 2021