After Chile deposited the instrument of Accession in December of
2015, the "Apostille Convention" will come into effect in
our country on August 30, 2016, along with entry into effect of Law
No. 20,711 that implements the abovementioned Convention and its
Regulation (Supreme Decree No. 81 of 2015).
Under this Convention, Member States are exempted from their
duty to the legalize public documents that are to be submitted
within their territories, with the sole formality of issuing a seal
known as an Apostille.
Practically speaking, the process consists of placing upon the
document an apostille or annotation that certifies the authenticity
of the public document issued in a certain country that is to be
invoked in another. Thus, the Convention recognizes the legal
validity of documents between member states, thereby eliminating
the legalizations performed in the Chilean Consulates located in
such states. Additionally, legalizations are no longer required in
Chile before the Ministry of Foreign Affairs, which was previously
a requirement whenever such documents were received in Chile from
This will allow public documents issued in Chile to be more
easily recognized as such in the Convention's member states,
provided that they have been duly apostilled before the relevant
Authority. Specifically, the power to "apostille"
documents in Chile will correspond to the Undersecretary of Justice
and its Regional Secretary Offices (Seremis), and in relation to
specific documents, certain members of the Ministries of Education,
Health, Foreign Affairs and the Civil Registry and Identification
Service will exercise such powers.
With the implementation of the "Apostille", if a
competent authority certifies the document, such circumstance will
suffice to prove its public nature, that is to say, it would be
certified that the signature or seal in the document belongs to a
public officer acting within his remit, and the authorities of the
country receiving the documents cannot demand more evidence
regarding their authenticity. However, it must be noted that this
step, as well as the legalization formality, does not certifies the
validity of the document's content.
Public documents are those issued by a public State institution.
By way of example, it is possible to mention the following
documents that can be the subject of an apostille:
Notarial documents, such as inter alia powers of attorney,
articles of incorporation of corporations or other legal entities;
private documents with certified signatures and affidavits.
International Rogatory letters
Judgments and rulings of the Ordinary Courts of Justice
Original or certified copies of University degrees
Lastly, the copulative requirements for the issuance of an
Apostille are the following:
1. A document issued by or authorized in a State party to the
2. That such document is to be used in another State party to
the Convention; and
3. That such document has a public character, in accordance with
article one of the Convention.
Any person holding a public document the authenticity of which
is intended may request the issuance of an Apostille. Its granting
will be made by public means, at the bearer's request, by such
public authorities or bodies and in such manner provided for in the
Regulation. Its conduction and registration shall be made online
and in a centralized fashion, through the Unique Electronic System
The implementation of the "Apostille" entails a
significant change in the legalization of public documents issued
abroad or issued in Chile for their use outside the nation, which
broadly speaking, presents more strengths than weaknesses;
therefore, it acts in furtherance of trade and multicultural
interactions between the member states, as the barriers which
hinder the circulation of documents are broken down.
La ponencia, que versa sobre los aspectos básicos de la Propiedad Industrial e Intelectual y sobre los litigios relacionados con este área, cuenta con el Grupo de Abogados Jóvenes de Barcelona como organizador del evento.
El Grupo de Abogados Jóvenes de Tarragona es una agrupación formada por abogadas y abogados del lustre Colegio de Abogados de Tarragona menores de 40 años o con menos de 5 años de ejercicio en la profesión y que tienen su despacho profesional abierto en alguno de los partidos judiciales de Tarragona, Valls o El Vendrell.
En 45 minutos haremos un rápido repaso de todas las novedades relevantes que, en el mundo de la Propiedad Industrial e Intelectual, se han producido durante en el transcurso del 2016, junto a nuestra previsión de los principales hitos que nos depara este nuevo año.
Queremos que los temas propuestos sean sólo aquéllos que más les interesen. A tal fin, hemos incluido los siguientes a partir de las consultas recibidas durante este año. No obstante, estaríamos encantados de contar con sus sugerencias.
Please be informed that the devaluation of 59% on the exchange rate used to calculate the official fees for foreign IP owners announced by the Government on February 18 has been finally published in the Official Gazette No. 40.865.
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