PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
1. Trade Mark and Copyright Law 1.1 Governing Law In Portugal, trade marks and copyrights are pri - marily governed by statutory law. The law governing trade marks is set out in the Industrial Property Code ( Código da Propriedade Industrial ), published by Decree-Law 110/2018 of 10 December 2018. Copyright in Portugal is governed by the Copy - right and Related Rights Code ( Código do Direito de Autor e dos Direitos Conexos ‒ CDADC), pub - lished by Decree-law 63/85 of 14 March 1985. As a member of the EU, Portugal is bound by Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trademark, as well as all EU regulations that govern copyright law. Portugal does not recognise common law trade marks or copyrights, as intellectual property pro - tection is based on formal registration or auto - matic rights under statutory provisions. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Portugal is a member of key international treaties governing trade marks and copyrights, including the Paris Convention for the Protection of Indus - trial Property, the Madrid System for Internation - al Trademark Registration, the Berne Convention for the Protection of Literary and Artistic Works, and the TRIPS Agreement. Additionally, as an EU member state, Portugal follows EU regulations and directives on intellectual property, ensuring harmonised protection and enforcement of for - eign trade marks and copyrights.
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks
Portugal recognises different types of trade marks and other source-identifiers, including the following. • Trade marks for goods and services: any sign capable of distinguishing a company’s goods or services, including words, logos, letters, numbers, sounds, colours, product packaging and videos. Surnames and personal names can be registered if they acquire distinctive - ness, but unauthorised use may be refused if it harms a person’s reputation. • Collective marks: used by associations to differentiate the goods or services of their members from those of non-members. • Certification or guarantee marks: owned by an entity that sets quality standards for prod - ucts or services but does not engage in their production or supply. • Geographical indications and designations of origin: protect names of regions or places linked to products with qualities attributed to their origin. As for trade dress and product marks, product packaging and design can be protected if they serve as distinctive signs. However, functional aspects are not registrable. Industrial designs are not automatically protect - ed as trade marks but can be protected sepa - rately under industrial design law. Portugal provides specific protection for well- known trade marks and prestigious (famous) trade marks. Trade marks are considered well known if widely recognised in Portugal and ben - efit from protection against identical or similar
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