Ciudad Juarez. - In digital interview with Elisabeth lawyers Clarín.cl Flores and Rodolfo Reyes, Neruda speak copyright of the complaint to clarify the circumstances of the death of the poet and the possible exhumation in case a request Judge: "If the Minister Mario Carroza ordered this coach-in merit of the information you know, the exhumation must be met without prejudice because in my capacity relative is my moral duty to access it, if asked. All that leads to clarification and investigation ordered by the courts, in our view should be supported, "said Rodolfo Reyes categorically Muñoz, Pablo Neruda direct nephew.
Flores, Reyes & Associates is the law firm representing consanguineous heirs of Neruda, confronted with the lawyer Juan Agustín Figueroa (President for Life of the Neruda Foundation), the Reyes family defends the memory of the poet and his last will, Rodolfo Reyes reiterates "The original draft of Neruda and his will was very different: took steps to establish a foundation that would be called:" Cantalao "with statutes he drafted, in which managers have sought excellence in culture, in order to create a core of national cultural development, encouraging letters. This was interrupted by his death and what exists at present no way interpreted the will of the poet. "
MC. - When did the idea of partnering in an office with the lawyer Rodolfo Reyes? EF. - During the course of our college we were common professional interests and projections, which led to the idea to partner and implement our own law firm, looking for areas of expertise in different areas of legal order.
MC. - Lawyer, is specializing in copyright litigation and registration of intellectual property? EF. - Indeed one of the specializations of our firm is to be trial lawyers on intellectual property. The latter regulates and protects in Chile, according to the Law 19.039-fulfilling the Paris Convention for the Protection of Industrial Property, the use of the name of a world famous person such as Pablo Neruda, whose rights will vested exclusively and exclusive only to their heirs, and not the Neruda Foundation as they have tried attributed.
MC. - Moving on, the Neruda Foundation justified investment of 2.3 million USD in the company of Ricardo Claro Pinochet (1934-2008), facing the imminent expiration of the copyright of the Chilean Nobel. Is it true that Neruda's copyright expires in 2023? EF. - In relation to the due date of copyright of Neruda, I note that in accordance with national law and international standards, this was extended to seventy years after the poet's death, according to the Treaty of Free Trade Agreement with the United States. Attended the death of Pablo Neruda was the September 23, 1973, the right of inheritance of succession Reyes, will run until 2043.
MC. - What is the legal interpretation and scope of the failure to recognize Judge Laura Novoa inheritance rights Reyes Family? EF. - This claim that the heirs of Pablo Neruda we filed against the Neruda Foundation, which aimed to determine the correct Judge interpretation, compliance and contractual validity. The ruling was favorable to us, marking jurisprudence on the matter. Despite the clarity of the content of the judgment, we resort to arbitration of Cassation because of the contradictory statement contained in paragraph 1, the result did not state that the contract signed by the heirs of the Fundación Neruda was a simple contract sale of certain assets.
This means that it accepted our demands regarding having recognized that by using contracts (between the heirs of Pablo Neruda and the Foundation on 15 and 16 September 1987) only certain specified goods sold, and not a universal legal thereof, as claimed by the Foundation-excluding copyright Neruda heirs of all the poet's work, industrial property rights (use of the name), other present and future goods, money, etc.. Accordingly, the judgment is categorical in rejecting the claim of the Foundation, who claimed to own all copyrights to the poet and all his possessions.
MC. - What part of the trial is the charge for use of the pseudonym Neruda in luxurious hotels Maulén Realtor? EF. - The civil lawsuit filed against Hospitality and Real Estate Company Ltd. Maulén for unauthorized use of the name of Neruda in his hotel chain, is currently awaiting judgment handed down. Also and concatenated with this ruling, the temporary stays in a criminal complaint filed by the heirs of Neruda against Maulén Angel Rios, owner and legal representative of that company accommodation. This means that once rendered judgment in our favor in the civil court, ask for the reopening of the criminal complaint.
MC. - To clarify a point, is the Neruda Foundation withdrew its lawsuit against the Reyes family? EF. - The lawsuit filed by the Neruda Foundation against the heirs of Pablo Neruda in court pretending industrial property-owning Neruda name and all its assets, which is untrue and legal support-still remains force. Foundation and also the Hotel and Real Estate Company Ltd. Maulén have made common cause in this matter attended with interests related as it was Juan Agustín Figueroa who authorized the use of the name Neruda, according to a letter that accompanied the record.
MC. - Rodolfo, changing the subject, June 2 Judge Mario Chariot "admissible welcomed" the lawsuit filed by the Communist Party to investigate the circumstances of the death of Neruda, what do you think of the argument of the lawyer Eduardo Contreras? , respaldarás? demand? RRM. - On the matter, Mr Eduardo Contreras said to have certain knowledge of new facts and grounds related to Neruda's death, a situation that led to infer a criminal complaint on charges of murder and conspiracy against all who responsible. The Minister Mario float that is responsible for this cause, the hosted processing and investigating belongs to investigate all the circumstances surrounding the death of the poet. According to the merit of the new information provided, and in my capacity as direct blood relative of the poet and the legal representative of the other heirs of Pablo Neruda, I is an ethical and moral duty, to study the situation and eventually deduct private prosecution, seeking to thereby determine the facts and circumstances surrounding the death of Pablo Neruda. MC. - At the request of your father you left the Clinic Santa Maria, on September 24, 1973;? Conversaste with your aunt Laura Reyes during the wake? RRM. - On the night of September 23, 1973, my father, Rodolfo Reyes-Candia called me from Temuco to Santiago, telling me of the death of Uncle Paul, asking me to run parallel to the Santa Maria Clinic where he had killed the guy and asked me especially to take care of Aunt Laura Reyes, sister of the poet. In addition to his grief over the death of his brother, asked me repeatedly that I was not exposed, thereby seeking my work and personal protection, to avoid the existence of retaliation against me by the military government, because of my relationship with the poet.
MC. - In 1992, you authorized the exhumation of Pablo Neruda's Isla Negra general cemetery, now the Neruda Foundation refuses to investigate any suspected murder, disqualify the testimony of Manuel Araya and ignores version Corbalá Ambassador Gonzalo Martinez, who has the power to authorize a possible exhumation? RRM. - Indeed in 1992 I requested permission to exhume the body of Pablo Neruda, because of my role as direct and closest blood relative of the poet, a requirement to move the poet to his home in Isla Negra. 26,298 Laws, Regulations and Health Code governing the matter referred to the exhumation and relocation. If the Minister Mario Carroza ordered this diligence, in merit of the information you know, the exhumation must be met without prejudice because in my capacity relative is my moral duty to access it, if asked. The Neruda Foundation is no heir, legatee not, of Pablo Neruda. The Neruda Foundation is a legal entity formed by order of probate Matilde Urrutia, Neruda's widow. Moreover, the statements of Juan Agustín Figueroa, published in a national newspaper that said their refusal to this judicial inquiry, have no legal validity and should only be taken as a more. His refusal to priori in this judicial inquiry is meaningless, since everything leading to clarification and investigation ordered by the courts, we believe should be supported.
MC. - Matilde Urrutia-in 1982 - inherited the legacy of the poet Neruda Foundation, however, the original charter of 1973 - designated as executors: two representatives of Neruda, the rectors of the universities of Chile, Catholic and Technical State (USACH), and a steward of the CUT and a Writers Society (SECH). Does the last will of Neruda lost legal validity? RRM. - In light of the facts, it should be noted that Matilde Urrutia, assisted by Juan Agustín Figueroa himself left a will naming executors with custom form called Neruda Foundation, which was established in the year 1986 - naming the Foundation his sole heir. In it, Juan Agustín Figueroa was appointed "President for Life". The original draft of Neruda and his will was very different: took steps to establish a foundation that would be called: "Cantalao" with statutes he drafted, in which managers have sought excellence in culture, in order to create a core of national cultural development, encouraging letters. This was interrupted by his death and what exists at present no way interpreted the will of the poet.
MC. - Finally, as every year, the Foundation appropriated Neruda Neruda Ibero-American Prize, in the edition of 2011, Juan Agustín Figueroa accompanied the poet Oscar Hanh, the Jury and the Minister of Culture. Remove the name? Reconsider Neruda Ibero-American Poetry Prize to prevent political profit Juan Agustín Figueroa? RRM. - The Lagos government instituted American Award Pablo Neruda poetry. The Foundation gave itself a quality which no-said to be universal heir of Pablo Neruda, and then signed an agreement with the Department of Culture and the Arts, as its sole sponsor. We learned of this situation by publishing the website of the Department of Culture. He immediately clarified before the then Minister Paulina Urrutia Neruda Foundation wielded not that quality, but it was only legatee of Matilde Urrutia, so he was not authorized to use the name of Neruda at will, since only the heirs of Neruda We hold this power under the Industrial Property Law 19,039. To date we are regularizing with the Ministry of Culture and the Arts, the authorization that we are ready to deliver thus validating the use of the name of Neruda Ibero-American Prize in poetry.