Portugal

Counterfeit hotspots in Portugal that brand owners must be aware of

In the latest edition of our series on physical marketplaces around the world that are reportedly notorious for the sale of counterfeit goods, we head to Portugal.

Counterfeit hotspots in Portugal that brand owners must be aware of
The top filers and a vision for the future: inside EUIPO operations
29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

Protecting GIs in the modern age: takeaways from WIPO’s Worldwide Symposium on Geographical Indications
4 Jul 2019

Protecting GIs in the modern age: takeaways from WIPO’s Worldwide Symposium on Geographical Indications

In an exclusive guest post, António Corte-Real from Simões Garcia Corte-Real & Associados reveals some of the key takeaways from WIPO’s recent geographical indications event.

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17 Mar 2020

Trademark procedures and strategies: Portugal

In general terms, trademark rights are only acquired through registration. Unregistered marks cannot award exclusive rights but can eventually be enforced on the grounds of unfair competition. Read more

12 Sep 2018

Trademark procedures and strategies: Portugal

The relevant trademark legislation in Portugal is the Industrial Property Code, which was approved by Decree Law 36/2003 of 5 March 2003. The Industrial Property Code is currently being revised by the Portuguese Parliament and government and a new code is expected soon. Read more

29 Mar 2017

Trademark procedures and strategies: Portugal

Trademark protection is acquired through registration and the law provides that the rights in a mark belong to whoever applies to register that mark first (Article 11 of the code). Apart from cases of unfair competition and bad faith, the code sets down four situations in which the owner of an earlier unregistered right can oppose the grant of a previously applied-for registration.

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24 Nov 2016

Protecting and enforcing design rights: Portugal

A Portuguese design or model application is examined for formal requirements only. If no irregularities exist or if these are subsequently corrected, the application is published in the Industrial Property Bulletin for the purpose of opposition by third parties which consider themselves prejudiced by grant of the registration.

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Anti-Counterfeiting

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30 Nov 2007

New decree law clarifies customs action

Decree Law 360/2007 has entered into force. It provides uniform criteria
to end the uncertainty surrounding the implementation of Council Regulation
1383/2003 on customs action against goods suspected of infringing certain IP
rights. The new decree law aims to prevent the dissemination of counterfeit
products in the market and expedite the measures in place to prevent the infringement
of IP rights.

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Enforcement and Litigation

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10 Dec 2014

Court of Appeal: parallel import of jewellery does not affect trademark's prestige

In a parallel imports case involving a well-known jewellery trademark, the Court of Appeal has held that, as there was no clear evidence that the prestige of the mark had been damaged, the parallel import of the trademarked goods could continue without any restrictions - even though the jewellery shops selling the products distributed by the parallel importer did not fulfil the requirements imposed by the trademark owner.

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30 Sep 2014

Go Voyages fails to prevent use of 'go' mark

The Commerce Court of Lisbon has held that the mark GO ALENTEJO was not confusingly similar to Go Voyages SA's trademarks GO and GO VOYAGES, even though both marks covered the same services. The court concluded that the use of GO ALENTEJO was not liable to mislead consumers and, therefore, there was no unfair competition.

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9 Oct 2013

When trademarks become geographic names: a breeding ground for unfair competition?

The Intellectual Property Court has issued an injunction in a case involving a phenomenon that has become increasingly common in the Algarve region of Portugal: a trademark registered to identify a tourist complex becomes, to a certain extent, the name of that particular geographic area.

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29 May 2013

Dispute over exclusive right to use 'the Portuguese liqueur' heats up

The Court of Appeal has affirmed a decision of the Intellectual Property Court in which the latter had found that the phrase '<i>O Licor de Portugal</i>' ('the Portuguese liqueur') cannot be exclusively owned by one party and that, therefore, nothing prevented the defendant from using the same or a similar wording for its product. The main action in this case, as well as several related procedures before the Portuguese Industrial Property Office, is still pending.

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Online

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18 Mar 2013

Arbitration Centre orders revocation of '.pt' domain name in landmark decision

The Portuguese Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names has issued a landmark decision ordering the revocation and transfer of a ‘.pt’ domain name on the grounds that it infringed the industrial property rights of the complainant. It is the first time that a Portuguese company has used its trademark rights to take down a ‘.pt’ domain name.

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10 Apr 2012

Liberalisation of ‘.pt’ extension set for May

FCCN, the Portuguese registry, has announced that it will liberalise the ‘.pt’ extension on May 1 2012. During the sunrise period, which runs from March 1 to May 1 2012, holders of registered rights will be able to secure their domain names under ‘.pt’ on a first-come, first-served basis. From May 1 2012 onwards, any entity will be able to apply for a ‘.pt’ domain name.

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29 Sep 2003

New rules clarify domain name registration procedure

The Foundation for National Scientific Computation has introduced new
rules for the registration of domain names under the country-code top-level
'.pt' domain. Among other things, the rules are designed to prevent the misuse of '.pt'
names and encourage the use of a new arbitration procedure to settle disputes.

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Portfolio Management

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14 Dec 2015

Portugal

A Portuguese design or model application is examined for formal requirements only. If no irregularities exist or if these are subsequently corrected, the application is published in the Industrial Property Bulletin for the purpose of opposition by third parties which consider themselves prejudiced by grant of the registration.

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18 Sep 2015

Portugal

Trademark protection is acquired through registration and the law provides that the rights in a mark belong to whoever applies to register that mark first (Article 11 of the code).

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6 May 2015

Court of Appeal deals blow to Nestlé in Kit Kat shape mark case

In <I>Société des Produits Nestlé SA v Imperial - Produtos Alimentares SA</I>, the Lisbon Court of Appeal has upheld a decision of the Intellectual Property Court finding that there was no likelihood of confusion between a 3D mark consisting of a two-fingered chocolate bar and Nestlé’s earlier international 3D mark for the shape of its Kit Kat chocolate bar.

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12 Jun 2012

Supreme Court of Justice considers principle of priority of registration

The Supreme Court of Justice has considered the principle of priority of registration in a dispute involving a trademark and a corporate name. The court clarified that, in such a case, priority must be assessed by reference to the date of the application for the ‘business name admissibility certificate’ and the date of application for registration of the trademark.

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Trademark law

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20 Sep 2012

New Intellectual Property Court: first few months prove disappointing

Although the new Intellectual Property Court started operating only at the end of March, there have already been several complaints regarding its effectiveness - or lack thereof. During its first four months, the court only consisted of one judge, despite the fact that two judges should have been appointed. The court’s proponents had promised a specialised approach to IP issues, but the first few decisions showed a total lack of preparation in this field.

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27 Feb 2012

Supreme Court decision shows clear tendency to favour free competition principle

In <i>DentalCare - Centro de Medicina Dentária Lda v Dental Link Consultoria de Gestão Lda</i>, the Supreme Court has held that the likelihood of confusion between two DENTAL CARE marks and the corporate name Dental Care was practically non-existent. The decision shows that the courts are likely to consider that a certain degree of likelihood of confusion is compatible with fair competition.

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2 Sep 2011

New step towards creation of specialised IP court

The recently enacted Law 46/2011, which creates a court specialising in intellectual property, constitutes a major breakthrough. The IP Court will have jurisdiction over all IP-related disputes, including patent, trademark, trade name, copyright and related rights, unfair competition and domain name cases.

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26 Jan 2011

Successive failures show lack of direction for IP litigation system

The Portuguese IP litigation system seems to be a succession of failures: the system currently in place (ie, the concentration of a significant number of IP cases in the commercial courts of Lisbon and Porto) does not work, and the new specialised IP court has been criticised on all fronts. In November 2010 the secretary of state for justice, who was a great supporter of the new IP court, resigned from the government.

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