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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Portugal: the creation of an IP Court - II

A new step was taken on the creation of an IP court in Portugal.

On 24 June, it was published the Law no. 46/2011, which creates ("in paper") the Portuguese specialized court in Intellectual Property.

Said law defines the jurisdiction of the Court, which will be responsible for cases related to the following matters:

  • Copyright and related rights;
  • Industrial Property rights;
  • Invalidity of Industrial Property rights;
  • Appeals of decisions taken by the INPI;
  • Internet Domain Names;
  • Appeals of decisions taken by the "Fundação para a Computação Científica Nacional" (entity responsibly for the registration of .pt domains) regarding Internet Domain Names;
  • Firms and Company names;
  • Appeals of decisions taken by the "Instituto dos Registos e do Notariado" related to firms and company names;
  • Unfair Competition through IP rights;
According to article 20 of the law, the same will start producing effects once the IP court is finally installed, which was initially planned to happen in September 2011. However, due to the government change, the Portuguese bail-out and to several other contingencies, it is our strong opinion that the installation of the court will not be completed before 2012. 

For further information regarding this matter, please refer to the PREVIOUS POST.

Posted by: Pedro Malaquias @ 18.30
Tags: Portugal, IP Courts,,
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