PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
7.5 Lawsuit Procedure Trade mark and copyright infringement lawsuits are filed before the Intellectual Property Court in Lisbon. Criminal cases may also be brought before general criminal courts for offences such as counterfeiting or unauthorised reproduction. The copyright holder ‒ whether an individual, a legal entity or a collective management organi - sation ‒ can initiate legal proceedings. These organisations can act in court on behalf of authors, performers and producers. Costs typically include lawyer fees, court fees, expert reports and notarisation of evidence. Legal representation is required in most cases. The legal process follows standard civil proce - dures, starting with a formal claim, followed by a defence submission, hearings and judgment. Foreign copyright owners can bring claims in Portugal, even without registration, as protec - tion is automatic. However, foreign trade mark owners must register their mark in Portugal or the EU to enforce their rights. Collective man - agement organisations can also act on behalf of international right holders. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants An alleged infringer may seek a declaratory judg - ment to assert that their use does not infringe a trade mark or copyright without any pre-requi - site. 7.7 Small Claims Portugal does not have a dedicated small claims court for intellectual property disputes. However, most trade mark cases under the jurisdiction of the Portuguese Intellectual Property Court, along
terfeiting refers specifically to the reproduction of another’s work without permission. Liability extends to those who distribute, sell, import or export unauthorised copies. Additionally, moral rights protect the author’s right to claim author - ship and to object to distortions or modifications that harm their reputation. Remedies include injunctions, damages and seizure or destruction of infringing copies. Portuguese law protects copyright management information, prohibiting its unauthorised remov - al or alteration when it facilitates infringement. Those who manipulate or misuse this information to enable infringement may be held liable. Rights holders and collective management organisa - tions can enforce these protections, request disclosure of distribution networks involved in infringement, and seek legal remedies through the courts. 7.3 Factors in Determining Infringement For trade mark infringement, courts consider factors such as similarity between the marks, similarity of goods/services, likelihood of confu - sion, reputation of the earlier mark and intent of the infringer. For copyright infringement, courts assess substantial similarity, access to the origi - nal work and the nature of the unauthorised use. These factors are set out in Portuguese law and influenced by EU regulations. Please refer to 7.2 Legal Claims for Infringement Lawsuits and Their Standards for more detail. 7.4 Prerequisites and Restrictions to Filing a Lawsuit There are no mandatory prerequisites like medi - ation before filing a trade mark or copyright lawsuit in Portugal. However, sending a formal warning letter is common practice and may help avoid litigation.
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