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Portugal: Notaries are now entitled to promote IP related acts before the INPI
Yesterday, January 25th 2011, it was published the Decree-Law No. 15/2011, which amended Decree-Law No. 26/2004 of February 4, related to the regulation of the Notaries activities.
Such amendment increases the competence of the notaries in several procedures, being one of these new competences the authority to act as a party representative in all proceeding before the National Institute of Industrial Property (INPI), which naturally includes filling trademark applications and all the acts before the INPI relating to the defence of IP rights (namely, opposition and cancelation procedures).
It is our opinion that such change does not directly entitle Portuguese notaries to professionally represent a third person before the OHIM, as such competence, according to CTMR 93 (1) a) remains restricted to legal practitioners (in Portugal, the term "legal practitioner" comprises only persons with "advogado" as professional tittle). However, it will allow notaries to file a request to enter on the list of professional representatives maintained by the Office [CTMR 93 (1) b); CTMR 93 (2)], being such entry on the list constitutive for obtaining the entitlement to represent before the Office.
Posted by: Pedro Malaquias @ 12.28Tags: Portuguse law, Notaries, INPI, Professional Representation,
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