PORTUGAL Law and Practice Contributed by: Miguel Santos Almeida, Maria Novo Baptista and João Saúde, Sérvulo & Associados
to this legislation, sports federations ae exclusively liable for acts carried out with slight fault by the mem - bers of their bodies, employees, legal representatives or agents. As for acts committed by those persons with intent or serious fault, the sports federations and the members of their bodies, employees, legal rep - resentatives or agents are jointly and severally liable. Conversely, the liability of sports federations, the members of their bodies, employees, legal represent - atives or agents for actions or omissions carried out outside the exercise of public power is governed by the general civil liability rules of the Portuguese Civil Code. The members of the sports federations’ bod - ies, employees and legal or auxiliary representatives are also civilly liable before the sports federations for damage caused by breaches of their legal or statu - tory duties. The liability of managers and officers for the actions and omissions of a sports club is also governed by the general civil liability rules of the Portuguese Civil Code. As for the liability of managers and officers of sports companies, general rules on directors’ liability set out in the Portuguese Companies Code apply. The Por - tuguese Companies Code establishes three types of managers’ and officers’ liability: • liability towards the company; • liability towards the company’s creditors; and • liability towards the shareholders and third parties. Such statutory liability is assumed in the following cir - cumstances: • a breach of legal duties intended to protect the company, the company’s creditors or the share - holders and third parties; • where the breach is with fault (fault is presumed in the case of liability towards the company); • where the breach causes damage to the company, the company’s creditor or the shareholders and third parties; and • where there is a causal link between the breach of duties and the damage caused.
Sports organisations as well as their managers and officers may be held criminally liable for committing the crimes set out in Law No 14/2024. The criminal liability of managers and officers of a sports organisa - tion implies that they are the authors of the criminal offence imputed to the sports organisation. Under certain circumstances, managers and offic - ers of a sports organisation are subsidiarily liable for the payment of fines and compensation to which the sports organisation is sentenced. This will be the case, for example, if the crime was committed without their express opposition while they were in office. 4.3 Sport Funding Sport in Portugal is mainly funded from central gov - ernment resources by agreements negotiated and signed with each sports federation. It is possible for sports organisations to have other revenue streams, such as sponsors. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks In Portugal, trade marks are registered through a for - mal application submitted to the National Institute of Industrial Property (INPI). The application must iden - tify the applicant, include a clear representation of the mark, and specify the goods and services covered using the Nice Classification. Once filed, the INPI examines the application to ensure that the mark is distinctive, lawful and does not conflict with earlier rights. Approved applications are published, after which third parties have two months, extendable by one month, to oppose the registration. Certain signs cannot be registered, including those that lack distinctiveness, are purely functional, descriptive, generic, deceptive or offensive, or are contrary to public order or morality. Registration is also refused for unauthorised use of official or pro - tected symbols, conflicts with earlier or well-known marks, infringements of personal rights, or violations of protected geographical indications.
271 CHAMBERS.COM
Powered by FlippingBook