PORTUGAL LAW AND PRACTICE Contributed by: Joana Torres Fernandes, José Manuel Pereira da Costa, Danielle Avidago, Javier Mateo, António Pratas Nunes, Joana Loureiro Veríssimo, Madalena Mourão and David Serras Pereira, LVP Advogados
balance in commercial relations (establishing some obligations such as and prohibits some specific uni - lateral conducts such as selling below cost (with some specific exceptions), discriminatory pricing and abu - sive trade practices.
Portugal also participates in the European patent framework. For European patents and unitary patent matters, businesses should consider at an early stage whether protection and enforcement will be pursued through national routes, the European Patent Office and, where applicable, the Unified Patent Court sys - tem. 7.2 Trade Marks Trade marks protect signs capable of distinguishing the goods or services of one undertaking from those of another. These signs may include words, names, logos, letters, numbers, colours, shapes, sounds or other signs, provided that they are distinctive and can be represented in a way that allows the scope of pro - tection to be clearly identified. In Portugal, national trade marks are governed by the Industrial Property Code and granted by INPI. Registration is valid for ten years from the filing date and can be renewed indefinitely for further ten-year periods. Registration and Procedure Applications are filed before INPI and must identify the sign, the applicant and the goods or services covered, classified under the Nice Classification. INPI exam - ines absolute and relative grounds for refusal, such as lack of distinctiveness, descriptiveness or unlawful - ness, and third parties prior rights, and the application is published so that third parties may oppose regis - tration. A prior clearance search is strongly recom - mended, especially before adopting a brand name, launching a product or investing in packaging, domain names or marketing. Businesses can also protect trade marks in Portugal through an EU trade mark filed with the European Union Intellectual Property Office (EUIPO), which cov - ers all EU member states, or through an international registration designating Portugal or the EU. The best route depends on the geographical scope of the busi - ness, budget, likelihood of conflict and enforcement strategy. Enforcement and Remedies A registered trade mark gives the owner the right to prevent unauthorised use of identical or confusingly similar signs for identical or similar goods or services, and, in some cases, use that takes unfair advantage
7. Intellectual Property 7.1 Patents
Patents protect technical inventions that are new, involve an inventive step and are capable of industrial application. In Portugal, patents are governed mainly by the Industrial Property Code and are granted by the Portuguese Institute of Industrial Property (INPI). Protection is territorial and, for national patents, lasts for 20 years from the filing date, subject to payment of annual fees. Utility models may also be relevant for certain technical solutions and have a shorter maxi - mum term of ten years. Registration and Procedure A patent application may be filed directly before INPI, or protection may be obtained through the Europe - an patent system, including validation in Portugal, or through international routes such as the PCT. A national application is subject to formal examination, publication in the Industrial Property Bulletin, a period for third-party observations or opposition, substan - tive examination and a final decision. The process is technical and investors should normally conduct pri - or searches and freedom-to-operate analysis before launching products or technology in Portugal. Enforcement and Remedies Patent rights allow the holder to prevent unauthorised manufacture, use, sale, importation or commercial exploitation of the patented invention. Enforcement is usually brought before the Portuguese Intellectual Property Court, although alternative dispute resolu - tion may be available in specific cases. Remedies may include interim and final injunctions, seizure of infringing goods, removal from the market, destruction of infringing products or means of infringement, dam - ages and publication of the decision. Patent infringe - ment may also have criminal relevance in certain cir - cumstances.
896 CHAMBERS.COM
Powered by FlippingBook