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Amendments to Trademark Laws

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Apr 04, 2019 (Newsletter Issue 5/19)
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New Industrial Property Code in Force Soon

On December 10, 2018, the Decreto-Lei nº 110/2018 was published in the Portuguese Diário da República, introducing the new Industrial Property Code (Código da Propriedade Industrial-CPI). The EU Directive 2015/2436 and the EU Directive 2016/943 are incorporated into national law. While the first Directive focusses on the harmonization between member states, the other Directive concerns the “know-how” and trade secrets protection.

The most relevant changes are the following:
- An administrative procedure has been introduced: The Portuguese Institute of Industrial Property (INPI) can declare registered trademarks and designs invalid in the first instance.
- In cases of trademark disputes elicited after publication of the trademark application by an opposition filed by a third party on the grounds of a previous registered trademark, the applicant can request the plaintiff to provide evidence of serious use of the trademark on which the opposition is based.

The new Industrial Property Code will come into force on the July 1, 2019. The rules regarding the protection of trade secrets protection came already into effect on January 1, 2019.

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