PORTUGAL Trends and Developments Contributed by: António Andrade, Manuel Durães Rocha and Ana Panão, Abreu Advogados
The experience gained in the sole and unique case thus far filed at the Lisbon local division of the UPC could provide important guidance in the management of future cases, given that the different timeframes of the UPC proceedings and the different approach to assessing whether to grant a preliminary injunction actually diverge from national law. The quality and consistency of the UPC judicial decisions is a key factor for the success of the new system. Hence, the above- mentioned advantages of the local division in Lisbon should be duly considered. Outlook for 2025 The growing trend in judicial litigation concern- ing patented medical devices, SPCs, IT and TMT patents, computer-implemented inventions, and trade secrets looks set to continue in 2025.
Legal questions related to the scope and exten- sion of protection through SPCs are expected to remain and the new legislation that is being prepared should be carefully examined. The technical and legal approach of the Intellectual Property Court and the Court of Appeal of Lis- bon are not expected to change substantially. The impact of the UPC is now being felt, after more than a year of practice (including at the Lisbon local division). Jurisdictional diversity among local divisions means independent and autonomous jurisprudence will be a challenge for all.
412 CHAMBERS.COM
Powered by FlippingBook