Portugal

Europe’s largest European tech conference, Web Summit, was held in Lisbon for the first time in November 2016. It involved 50,000 participants – twice as many as took part in the previous year’s Dublin-based event. Lawyers are confident that the gathering should help to boost IP business in the country; it is also expected to give the Portuguese start-up scene a shot in the arm. The story at the Portuguese Institute of Intellectual Property is rather less positive, however. Interviewees observe that while it has traditionally been very efficient, it is currently wanting for resources and its rulings are lacking consistency. It is hoped that a cadre of experienced officials will be hired in the near future to bring it back to its best.

Firms

2
AG da Cunha Ferreira Lda
Baptista Monteverde & Associados
PBBR
3
Cuatrecasas, Gonçalves Pereira, Rl
Morais Leitão, Galvão Teles, Soares da Silva & Associados
PLMJ – Sociedade de Advogados
VdA
AG da Cunha Ferreira Lda
Over 134 years, AG da Cunha Ferreira has seen almost everything there is to see in the IP world. The venerable boutique is home to talented practitioners with knowledge of myriad ancillary fields, including utility models, geographical indications, new plant varieties and domain names. It has also been successfully growing its anti-counterfeiting practice and strengthening ties with border officials and customs authorities. Dina Pereira is a trustworthy pair of hands for businesses faced with knotty trademark problems.
Baptista Monteverde & Associados
Full-service Baptista Monteverde & Associados continues to win plaudits for its stellar IP offering. It effortlessly straddles the contentious/non-contentious divide, but is at its best in high-pressure contentious wrangles. The internationally lauded Paulo Monteverde has been instrumental in securing the firm’s reputation as a formidable player in the Portuguese market. The indefatigable courtroom prize fighter has chalked up abundant experience in the pharmaceuticals sector. Teammate Cláudia Tomás Pedro is another sage enforcement expert; business minded to the last, she has invaluable complementary company and commercial law knowledge.
CMS Rui Pena & Arnaut
With a history spanning nearly half a century, CMS Rui Pena & Arnaut matches deep roots in the country with the support of CMS’s sprawling international network. In 2016 this footprint expanded further with new openings in Tehran and Hong Kong, bearing testament to the firm’s global ambitions. The commercially astute José Luís Arnaut is the talisman of the Lisbon base. “He has truly vast experience advising both public and private companies in regard to IP restructuring, privatisations, mergers and acquisitions and private equity matters.” Non-contentious expert Miguel Quintans constructs future-proofed portfolio management and brand monetisation strategies. Fluent in English, French and Spanish, he is an attractive option for foreign clients looking to make moves in the country.
Cuatrecasas, Gonçalves Pereira, Rl
Cuatrecasas, Gonçalves Pereira has over 25 offices worldwide, but the cornerstones of its Iberia-focused operation are based in Barcelona, Madrid and Lisbon. In recent years, propelled by 2013 hire Leonor Chastre, the Portuguese practice has really come to the fore, winning exciting mandates from prestigious players across the board. The self-possessed Chastre manages the team with poise; a tenacious trademark litigator, she has keen insight into the sports and pharmaceuticals field. “The extremely well-reputed J Pereira da Cruz is a fabulous firm, which has special strength in trademark filing. Either it was born with intellectual property or intellectual property was born with it! Certainly, it will be there until the very end.” The celebrated outfit provides timely, cost-effective and innovative counsel, never losing sight of clients’ long-term business objectives. The scholarly and seasoned João Pereira Da Cruz is president of the Portuguese IP Professionals Association and secretary general of the Institute of Professional Representatives before the European Patent Office – positions that reflect his standing on the market. Nuno Cruz is renowned for his facility for alternative dispute resolution; having forged excellent connections with customs authorities, he is also integral to the team’s burgeoning anti-counterfeiting practice. With a nuanced grasp of the diverse factors at play in the sports sector, Maria Cruz Garcia is a compelling lecturer at Lusíada University. The only Portugese luminary in the WTR 1000, Jorge Cruz is a lodestar for up-and-coming IP practitioners. “J&A Garrigues is a fantastic law firm with an impressive workload.” The firm prides itself on having a truly multi-disciplinary, multi-lingual team, with expertise in every strand of intellectual property and comprehensive regional know-how. “Excellent when it comes to client care”, encyclopaedia of EU law João Paulo Miranda de Sousa heads the IP practice across the Iberian Peninsula. He has recently been assisting José Maria Vieira Group with the negotiation of complex coexistence agreements concerning its FITA AZUL and BORGES marks. Colleague Francisca Ferreira Pinto plies his trade across the contentious/non-contentious divide and is an authority on the commercialisation of brands in the comestible sector.
Morais Leitão, Galvão Teles, Soares da Silva & Associados
The trademark team at Morais Leitão, Galvão Teles, Soares da Silva & Associados has extensive experience in contractual and transactional matters and a refined appreciation of the needs of concerns in the cultural and sporting sectors. Perhaps its most famous client remains Cristiano Ronaldo, whose personal brand it manages masterfully. The “extremely knowledgeable” Vasco Stilwell d’Andrade is a familiar face at the EU Intellectual Property Office and a strategist par excellence.
PBBR
The keen commercial sensibilities of PBBR’s trademark practitioners make for 360-degree counsel that takes account of all potential business implications. Their approach resonates with global titans such as Avis Budget, Visa International and Polo Ralph Lauren, which have all entrusted it with significant prosecution mandates. The firm also burns bright on the contentious side and, as the Portuguese member of the Counterfeiting Intelligence Bureau, has cultivated solid links with the customs authorities. Ricardo Henriques and César Bessa Monteiro have been leveraging their expertise and connections to superb effect on a high-profile counterfeiting enforcement matter for Cisco. The telecommunications sector is a stronghold for the “very experienced and knowledgeable” Henriques; while the “extremely committed” Bessa Monteiro is the firm’s founding partner and chair of the Portuguese Group of the International Association for the Protection of Intellectual Property.
PLMJ – Sociedade de Advogados
PLMJ’s IP division boasts “an enviable skill set and the ability to adapt easily to the unique particularities of any matter. Usefully, it is also a leader in copyright law”. For nearly half a century it has been a tireless defender of crown-jewel brands, guiding their owners through highly technical office actions and intense courtroom battles. Leading the charge is Manuel Lopes Rocha, the first port of call for most clients; he counts the registration of EU trademarks as a forte. “Simões, Garcia, Corte-Real & Associados is an exciting and dynamic firm that produces excellent work. Its trademark surveillance system is well structured and its professionals are open minded, responsive and strong when acting in an executive capacity.” Of these, the gold-ranked João Luís Garcia is first among equals; an “extremely intelligent and impressive lawyer whose service is cost effective”, he has masterminded key victories before the Lisbon IP Court and the Supreme Court. Interviewees speak warmly of the vast experience of António Corte-Real, a consummate arbitrator who operates at the vanguard of the online space. José Raul Simões is an anti-counterfeiting ace who has coordinated myriad successful seizure operations.
VdA
While VdA is best known for its hard-hitting patent practice, it packs a punch in trademark enforcement too. Its versatile IP litigators offer a customised service at a sensitive price point, and are are never fazed by pressure. Outside the courtroom, the team also dispatches licensing and franchising mandates with a deft hand. António de Magalhães Cardoso is a “really experienced professional” whose roster features many heavyweight research-based pharmaceutical companies.

Individuals

José Luís Arnaut - CMS Rui Pena & Arnaut
César Bessa Monteiro Sr - PBBR
João Pereira Da Cruz - J Pereira da Cruz SA
João Luís Garcia - Simões, Garcia, Corte-Real & Associados
João Paulo Miranda de Sousa - J&A Garrigues SLP
Paulo Monteverde - Baptista Monteverde & Associados
Manuel Oehen Mendes - Yolanda Busse Oehen Mendes & Associados
Leonor Chastre - Cuatrecasas, Gonçalves Pereira, Rl
António Corte-Real - Simões, Garcia, Corte-Real & Associados
Nuno Cruz - J Pereira da Cruz SA
Maria Cruz Garcia - J Pereira da Cruz SA
Antonio de Magalhães Cardoso - VdA
Francisca Ferreira Pinto - J&A Garrigues SLP
Ricardo Henriques - PBBR
Cláudia Tomás Pedro - Baptista Monteverde & Associados
Miguel Quintans - CMS Rui Pena & Arnaut
José Raul Simões - Simões, Garcia, Corte-Real & Associados
Vasco Stilwell d’Andrade - Morais Leitão, Galvão Teles, Soares da Silva & Associados

Luminaries

Jorge Cruz - J Pereira da Cruz SA
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Issue 69