New Industrial Property Code in Portugal

industrial property codeOn their website, Baptista, Monteverde & Associados announced that on Monday, July 1st the new Industrial Property Code of Portugal has entered into force.

It has many amendments, some of which result from the implementation of the Directive (EU) 2015/2436 of the European Parliament and of the Council, to approximate the Laws of the Member States relating to trade marks. A great part of the changes represent a real break with the legal framework previously in place.

The main changes in the new Industrial Property Code:

Trade marks

1. PTO now competent to decide trade mark cancellation and invalidity actions
2. The time limit for applying for cancellation of trade mark registrations is reduced (from 10) to 5 years
3. Invoking the lack of genuine use can now be:

a.A ground of defence in opposition proceedings
b.Invoked in reply to decisions refusing trade marks on relative grounds
c.A ground of defence in trade mark cancellation or invalidity proceedings
d.A ground of defence in infringement proceedings

4. In the trade mark registration procedure, third parties may now submit observations on absolute grounds for refusal
5. Bad faith is now recognised as a ground for the refusal of trade mark registrations
6.The scope of the rights conferred by the ownership of trade mark registrations is clarified and extended
7.Trade marks shall be registered for a period of 10 years from the application date
8.The payment of trade mark registration fees is introduced

Patents

9. End of the prohibition of double protection of national and European patents
10. Elimination of the possibility of adding technical matter to patent applications
11. Extension of the scope of rights conferred by patents

Utility models

12.Removal of the exemption of utility model application examination
13.Extension of limitations to the subject-matter of utility models

Source: BMA