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Posted by / 02-Mar-2020 08:48

Validating a power of attorney

Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district registrar's office.The registration of the document is not compulsory.

A court will presume that every document purporting to be a power of attorney, that has been executed before and authenticated by a notary public or any court, is properly executed and is a conclusive proof.Under the Karnataka Stamp Act 1957, power of attorney 'includes any instrument (not chargeable with fee under the law relating to court fees) empowering a specified person to act for and in the name of the person executing it'.A general power of attorney gives wide powers to the agent to do various things on behalf of the principal, as detailed in the deed.Under Article 2(2) EPC, a European patent shall, in each of the contracting states for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by that state, unless otherwise provided in the EPC.As regards national translation requirements, please consult Table IV of the EPO brochure "National law relating to the EPC" and the page "London Agreement." Under the national law of the extension and validation states, a European patent extended to or validated in those states has the effect of a national patent granted by the relevant state and is subject to the same conditions.

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It has to be executed in the presence of certain designated officers.