PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
The court has discretion in granting these meas - ures, considering factors such as the urgency, the severity of the alleged violation and the bal - ance of hardships between the parties. If the injunction is later found to be unjustified, the applicant may be liable for damages. In principle, defendants may invoke any avail - able defences available, in preliminary injunction proceedings. 10.2 Monetary Remedies Courts award compensation and determine damages by evaluating the infringer’s unlawful profits, the direct financial losses and lost profits of the rights holder, and the expenses related to enforcement and investigation. If precise dam - ages cannot be established, the court may award a reasonable sum based on hypothetical licens - ing fees and enforcement costs. Although puni - tive damages are not applicable, compensation for reputational harm and other non-economic losses may be granted. Additionally, failure to comply with an injunction can result in additional During the proceedings, litigation costs are gen - erally borne by each party, but the losing party can be ordered to reimburse court fees, a com - pensation for attorney’s fees, and additional costs the parts may have incurred during the proceedings (technical advisory, translations, etc). 10.4 Ex Parte Relief Trade mark and copyright owners can seek ex parte measures (without notifying the defendant) if there is an imminent risk of irreparable harm or destruction of evidence. This includes urgent seizure of infringing goods or freezing of assets. After an ex parte order, the defendant is notified court-imposed penalty payments. 10.3 Attorneys’ Fees and Costs
and may challenge the measure by presenting counterarguments or new evidence. 10.5 Customs Seizures of Counterfeits or Parallel Imports Portugal is bound by EU regulations concerning customs seizure of counterfeit goods and unau - thorised parallel imports that infringe intellectual property rights. Trade mark or copyright owners must submit a formal application to customs, providing details on genuine goods and evidence of infringement. Once the application is approved, customs offi - cials have the authority to suspend the release or detain suspected goods. The rights holder is notified and must confirm within ten business days whether they believe the goods infringe their rights and whether they consent to their destruction under customs supervision. If no agreement is reached, the rights holder must ini - tiate enforcement proceedings. The application may be run to EU platform on customs seizures. Trade mark and copyright infringement deci - sions from the Intellectual Property Court (first instance), which has exclusive jurisdiction over these matters, can be challenged before the Appeal Court ( Tribunal da Relação ). Further appeals may be made to the Supreme Court of Justice ( Supremo Tribunal de Justiça ), but only on matters of law, not on factual findings and under extraordinary circumstances. Appeals must be lodged within 30 days of the decision, following general civil procedure rules. The appellant must demonstrate errors in law or procedural irregularities. In urgent cases, such as 11. Appeal 11.1 Appellate Procedure
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