PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
preliminary injunctions, shorter deadlines apply (15 days to file an appeal). Appeals generally do not suspend enforcement of the decision unless specifically requested and granted by the court. 11.2 Timeframes for Appealing Trial Court Decisions For deadlines to file an appeal, refer to 11.1 Appellate Procedure . The Lisbon Court of Appeal typically decides within six months to a year, depending on com - plexity and backlog. 12. Additional Considerations 12.1 Emerging Issues In Portugal, AI is increasingly intersecting with trade mark and copyright law, though there is no specific national legislation directly addressing AI-generated content. The EU’s Artificial Intel - ligence Act (AIA), approved in 2024, is expected to influence Portugal’s regulatory approach, particularly in establishing rules for the develop - ment, use and commercialisation of AI systems. One key issue is the legal status of AI-generat - ed works ‒ currently, Portuguese copyright law requires human authorship for protection, mean -
ing works created solely by AI are unlikely to receive copyright protection under existing laws. There have been no landmark national decisions on AI-related IP disputes, but Portuguese courts, in alignment with EU law, tend to consider prec - edents from the Court of Justice of the European Union (CJEU) and relevant international cases. As AI technology advances, legal discussions in Portugal are expected to evolve, particularly regarding liability, ownership and infringement risks related to AI-generated content. 12.2 Trade Mark and Copyright Use on the Internet There is no special legislation concerning the use of trade marks on the internet. As for copyright, national legislation is aligned with Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and the Digital Services Act. Online platforms must remove infringing content upon notice but are not liable unless they fail to act. Service provid - ers must act in accordance with the principles of necessity and proportionality, ensuring that legal uses of copyrighted works remain avail - able online.
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