Power of Attorney Certified by Notary Should Have a Date of Signing- Decision of IP Court’s First Instance is Cancelled by IP Court’s Presidium in Favor of Sojuzpatent’s Client - Golden Lady Company S.p.A.
On November 28, 2016, the Presidium of the IP Court canceled the decision of the first instance in the case SIP-70/2016 and sent the case back for a new trial by a different panel of judges. The Presidium agreed with the arguments of Golden Lady Company S.p.A that the conclusions of the court of the first instance contradicted to the facts and case materials and that additional evidence, provided by the parties after administrative procedure, should be also taken into consideration by court. Also, the Presidium stated, that a Power of Attorney should clearly indicate the date when it is signed, and if a Notary just acknowledges the authentic signature, but does not confirm that this signature was put in his presence, the date of notarial certification cannot be the date of PoA. A PoA without a date is void. A power of attorney, having two different dates on it should be also considered void.