PORTUGAL Law and Practice Contributed by: Vítor Palmela Fidalgo, João Pereira Cabral and Diogo Antunes, Inventa
Inventa Alameda dos Oceanos, 41K-21 Parque das Nações 1990-207 Lisbon Portugal Tel: +351 21 315 0970 Email: info@inventa.com Web: www.inventa.com
1. Trade Mark and Copyright Law 1.1 Governing Law Governing Law on Copyright Copyright is statutory and governed mainly by the Por - tuguese Copyright and Related Rights Code ( Código do Direito de Autor e dos Direitos Conexos ), enacted by Decree-Law No 63/85 of 14 March, as amended (most recently by Law No 47/2023). Nature Copyright protection is automatic, it arises upon the creation of an original work, without any registration requirement. Recognition of Common Law Copyright Portugal is a civil law country, not a common law juris - diction. Therefore, there is no common law copyright. However, unregistered works are still protected by law, not by custom or precedent. Trade Marks Portugal is a civil law jurisdiction and trade marks are governed by the Industrial Property Code, approved by Law-decree No 110/2018 of 10 December 2018 (as amended by Law-decree No 110/2018 of 29 January 2021). 1.2 Conventions and Treaties/Rights of Foreign IP Holders Portugal is a member of the main international treaties and conventions governing copyright and trade mark protection, including:
• The Berne Convention for the Protection of Literary and Artistic Works (since 1911); • The Universal Copyright Convention (since 1978); • The WIPO Copyright Treaty (WCT) (since 1998); • The WIPO Performances and Phonograms Treaty (WPPT) (since 1998); • The Rome Convention for the Protection of Per - formers, Producers of Phonograms and Broadcast - ing Organisations (since 1971); • The TRIPS Agreement (Agreement on Trade-Relat - ed Aspects of Intellectual Property Rights), through Portugal’s membership of the European Union and the World Trade Organization; • The Paris Convention for the Protection of Industri - al Property (directly applicable, for some rules); and • The Madrid System for International Trademark Registration (directly applicable). As Portugal is an EU member-state, EU regulations apply and are directly applicable. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks The following commercial signs can be protected. • Trade marks (including collective marks and certi - fication marks), which may consist of a sign or set of signs capable of being graphically represented, namely words, including names of persons, draw - ings, letters, numbers, sounds, colours, the shape of the product or its packaging, scents, holograms,
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