The legal concept of exhaustion of the rights conferred by a trade mark was transposed to the Portuguese Industrial Property Code following the approval of Directive 89/104/CEE of 21.12.88. The provision concerning the exhaustion of rights was updated in 2003 with the approval of the new Portuguese Industrial Property Code, as per article 259º, no….
Parody, in its utmost simplistic notion, has been an integral part of society and social relationships. The southern European countries, such as Portugal, have long embraced the notion of parody and accepted satire and irony in the context of arts. The parody has, however, evolved to new sectors of society and, in particular, to the…
In a recent decision, the Portuguese Court of Intellectual Property confirmed a surprising interpretation of the exception for the revocation of a trademark on grounds of non-use – namely proper reasons for non-use. The Industrial Property Office had rejected a revocation request against the protection in the Portuguese territory of an international trademark assuming that…
Due to the variety of economic agents operating on the Portuguese market, some judicial disputes frequently arise regarding the registration rights derived from trademarks and trade names legally constituted. When these situations occur there is a collision of registration rights. The Lisbon Court of Appeal has recently dealt with one case in which the holder…
Throughout the years the correct interpretation of article 266, paragraph 4, of the Portuguese Industrial Property Code (PIPC) was unclear. This provision states that annulment actions must be filed within the 10-year period beginning on the date of issue of the registration grant order, without prejudice to the right to apply for annulment of a…
