PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
mitted forms of use, duration, location and price. If no duration is specified, exclusive rights expire if the work remains unused for seven years. Licensees must pay fair and proportional remu - neration, and authors retain the right to request additional compensation if future revenues from the work greatly exceed initial estimates. Fur - thermore, exclusive licensees and rights holders are legally required to provide periodic financial and usage reports to authors, ensuring transpar - ency in the commercial exploitation of the work. 6.3 Registration or Recording of an Assignment or Licence Trade marks’ assignments and licences must be recorded at the INPI to be enforceable against third parties. If they are not recorded, the agree - ment remains valid only between the parties involved but does not provide protection against claims from others. The registration is published in the Industrial Property Bulletin, providing offi - cial notice of the transaction. Copyright assignments and licences do not require registration but must be in writing. How - ever, certain transactions are subject to regis - tration for enforceability against third parties, including transfers, modifications and encum - brances. Licensees must provide financial reports to ensure authors receive fair compen - sation. 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits Trade mark and copyright infringement claims are subject to general civil law time limitations. The statute of limitations for civil compensation
claims is typically three years from the date the rights holder became aware of the infringement. For criminal offences, the rules differ for trade marks and copyright. In trade mark infringe - ment cases, criminal proceedings depend on a formal complaint by the rights holder, which must be filed within six months of the offence. In contrast, copyright infringement cases do not require a complaint to initiate criminal pro - ceedings. However, the statute of limitations for copyright-related crimes is generally five years from the date of infringement. Once this period expires, obtaining criminal liability becomes sig - nificantly more challenging. 7.2 Legal Claims for Infringement Lawsuits and Their Standards In the case of trade marks, infringement claims can be pursued through civil and criminal pro - ceedings. Civil remedies include injunctions to prohibit unauthorised use, damages for econom - ic harm, and the seizure of counterfeit goods. Infringement typically involves the unauthorised use of a registered trade mark in a way that cre - ates confusion with the rightful owner’s brand. While unregistered trade marks do not enjoy the same level of protection, unfair competition laws may offer remedies if the unauthorised use leads to confusion or exploitation of reputation. Additional claims include dilution by blurring or tarnishment, particularly if a well-known trade mark’s distinctiveness is weakened. Portuguese law also addresses cybersquatting, allowing the cancellation or transfer of domain names that unlawfully use protected trade marks. For copyright, unauthorised use of a work is classified as usurpation or counterfeiting, both of which are subject to civil and criminal liability under the CDADC. Usurpation covers any unau - thorised use of a copyrighted work, while coun -
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