This month was followed in the case where two options were chosen: that the documentary and photographic resource is part of the cultural heritage of the nation, as Paz often asked, although he could also be expanded to a foreign university. To learn more about this subject, Zócalo spoke to Guillermo Pous Fernández, a lawyer who worked with the visual artist.
"Tramini died in the gut, meaning that he died without leaving a will and so far did not know a fourth-degree relative who could be the beneficiary, and it follows that whoever benefits from this collection and who has the rights of Paz & # 39; s would retain work that belonged to his wife, as a result of the same testament left by Octavio, would be public benefit, "Pous told Zócalo.
Although the Mexican government has declared Nobel's literary work as a national heritage, the other assets are in a gray area. The National Institute of Fine Arts (INBA) has initiated several procedures to ensure that the bibliography of the essayist in Mexico remains as part of the National Commission of Artistic Areas and Monuments.
The same Octavio Paz had asked in his will to hand over his work to the National College and to remain in his possession for five years. Nevertheless, there are other universities that have bought various objects from the collection, such as the correspondence that existed between the writer Carlos Fuentes and the author of El Laberinto de la Soledad, by Princeton University.
"It had to do an investigation before the notary system knew whether a will exists or not, if it does not exist or if there is a contract in which Ms MarieJo would have transferred or sold the author's economic rights, an inventory should be made of these material works and what would happen to them, "he explained.
With the risk that the & Paciano & # 39; heritage is moving beyond the borders of the country, several writers such as Elena Poniatowska, Alberto Ruy Sánchez and the literary critic Christopher Domínguez launched a letter to the government asking for to fight the writer's work to stay in Mexico.
On August 8, the Secretariat of the Federal Culture, through its director María Cristina García Cepeda, announced that the bibliographic archive of the poet and the essayist would remain in Mexico, as Paz himself had requested.
With this theme, according to Pous "There is no worst case with risk but a scenario." In that sense, if the state takes over the ownership of Paz's work, with all the rights of Don Octavio's property, it would be the same If the state is the one who holds the rights, it must be ascertained with what means the public exploitation of these goods can be better served, from there the income that would be generated by the use of their works for the same state ".
The lawyer states that he does not remember any case that is similar to that of Paz's inheritance because "he speaks of the only Nobel Prize that our country has given, resulting in a work of inestimable cultural value."
Octavio Paz left a will in which he demanded that the exploitation of his work, merit and prestige remain intact.
For Pous, the legacy of the works must be in the hands of someone capable of performing a curation that includes the work of Paz at all levels, such as Enrique Krauze, because of the intellectual and friendly connection that existed between them. and especially to avoid the loss of prestige from the author, according to the specialist.
The intellectual property expert has also said that there is still no opinion that closes with the case, which is still open. The rights of the Nobel Prize for Literature in 1990 are in an impasse.
"To this day (the day before yesterday) nothing is known accurately and are all merely assumptions: as long as there is no formal explanation and legal support, no one can claim the rights of anything.
"It will be necessary to complete the informal procedures to know if they are actually being given birth by Ms de Paz, and in any case to continue with them in order to know if they are in general well-being or in what way they will be used, "concluded the founder of Pous Musi Abogados.