WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lIMAC/I/l 
16 February 1998 
(98-0533) 
Original: English/ 
angiais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Macau 
The present document reproducesl the text of Decree-Law No. 16/95, as notified by Macau 
under Article 63.2 of the Agreement (see document IP/N/l/MACIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Macao 
Le present document contient le textel du Decret-loi no 16/95, notifie par Macao au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/l/MAC/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTiCULO 63 DEL ACUERDO 
Macao 
El presente documento reproduce! el texto del Decreto Ley N° 16/95, notificado por Macao 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/l/MAC/l). 
1 In English only./ Anglais seulement.lEn ingles solamente. JP IN I lIMACIIIl 
Page 2 
Ministry of Industry and Energy 
Decree-Law nr 16/95 
of 24th JanuarJ 1995 
Although it is more than half a century since the publication of the Portuguese Industrial Property 
Code. approved by Decree nr 30 679 of 24th August 1940 in pursuance of the fundamental 
provisions of Law nr 1972 of 21 se June 1938, it can be said that it still efficiendy meets the most 
important national and international needs in the field of the protection of industrial property. 
However. technological development and the need to adapt to new institutional and economic 
strue'"...ures have led, over the years. to the publication of various statutes making modifications to 
that Code. 
Over the last few years. mainly due to the adhesion of Portugal to the European Community and the 
extension thereof to form the European Economic Block, and in the wake of great technological 
development and an increase in commercial activity, there has been a need to make more in-depth 
modifications, particularly in the field of patents and trademarks, in order to meet Community 
guidelines and international harmonisation regulations and to make Portuguese legislation in 
compliance with the principles of the free movement of goods and the level of industrial property 
protection achieved within the Community. 
Furthermore, the signing of the Agreement on Trade-Related Aspects of Intellectual Property 
Rights [TRIPS] under the auspices of the GAIT, the recent· joining of Portugal to the Munich 
Convention on the European Patent and the Patent Cooperation Treaty (PCT), and the need to 
incorporate the Directive nr 89/1 04/EEC of 21 st December 1988 into Portuguese law. have 
highlighted the need to make changes to internal legislation. The present stat1;Ite is drawn up to 
this effect, notwithstanding the immediate creation by the Portuguese Government of a committee 
of specialists to follow up its application and propose any necessary amendments. 
Thus: 
In pursuance of the legislative authorisation granted by Law nr 11/94 of 11 th May 1994. and 
within the provisions of article 201, number 1, paragraph b] of the Portuguese Constitution, the 
Government: decrees the following: 
ARTICLE I 
The Industrial Property Code that is published together with this statute and is a component part 
thereof is hereby approved. 
ARTICLE 2 
The competence of the Court of the Disoice of Usbon shall be maintained on exactly the provisions 
stipulated in article 203 of the Industrial Property Code approved by Decree nr 30679 of 24th 
August 1 940. ARTICLE 3 IP IN I lIMAC/I/ 1 
Page 3 
Patents that were applied for before the entry into force of this statute shall retain the term 
granted under article 7 of the Industrial Property Code approved by Decree nr 30679 of 24th 
August 1 940. 
AATlCLE4 
1 . Utility models granted before the entry into force of this statute shall lapse 15 years after the 
date on which the first annuity becomes due following such entry into force. 
2. Utility model applications filed before the entry into force of this statute and granted 
afterwards shall lapse 1 5 years after the date of grant. 
ARTICLE 5 
1. Industrial models and designs granted before the entry into force of this ~l.8tute shall lapse 25 
years after the date on which the first annuity becomes due following such entry into force. 
2. Industrial model and design applications filed before the entry into force of this statute and 
granted afterwards shall lapse 25 years after the date of grant. 
ARTICLE 6 
Registrations granted before the entry into force of this statute shall maintain the term granted 
under previous legislation until the first renewal after this date. and future renewals shall be made 
far 20-year periods. 
ARTICLE 7 
1. Requests for lapse actions against patents. models. designs or registrations that have not 
been decided by the date of the entry into force of this statute shall be subject to the legislation in 
force on the date of the application. 
2. In the case of pending trademark applications. the one-year period mentioned in article 183, 
number 5, shall be computed from the date of the entry into force of this statute. 
ARTICLE 8 
The following are revoked: 
aJ Law nr. 1972 of 21 st June 1938; 
bl Decree nr. 30 679 of 24th August 1940 
cl Decree-Law nr. 34 193 of 11 th December 1944; 
d] Decree-Law nr. 96/72 of 20th March 1972: 
e] Decree-Law nr. 32174 of 2nd February 1974; 
f] Decree-Law nr. 176/80 of 30th May 1980; lP/N/l/MAC/Ifl 
Page 4 
gJ Decree-Law nr. 285/83 of 21 se June 1983; 
hJ Decree-Law nr. 408/83 of 21 se November 1983; 
i1 Decree-Law nr. 27/84 of 18th January 1984; 
j) Decree-law nr. 40187 of 27th January 1987; 
I] Decree-law nr. 332/89 of 27th September 1989. 
ARTlCLE9 
The Industrial Property Code shall eneer into force on 1st June 1995. 
Seen and approved by the Council of Ministers, 10th November 1 994. -Anibal Ant6nio Cava co 
Silva -Alvaro Jose Brilhante Laborinho Lucio -Luis Fernando Mira Amaral- Fernando Manuel 
Barbosa Faria de Oliveira. 
Enacted on 28th December 1994. 
To be published. 
The president of the Republic, MARIO SOARES. 
Countersigned on 2nd January 1995. 
The Prime Minister, Anibal Ant6nio Cavae 0 Silva. 
INDUSTRIAl PROPERTY CODE PART I 
GENERAL PART 
CHAPTER I 
GENERAL PROVISIONS 
ARTICLE I IP/N/l/MAC/I/1 
Page 5 
(Social function of industrial property] 
Industrial Property has the social function of guaranteeing fair competition by conferring the 
private rights regulated in this Code. as well as to prevent unfair competition. 
ARllCLE 2 
(Scope of industrial property] 
Industrial property covers industry and commerce as such. the fishing. agricultural. forestry. cattle 
and extractive industries and any natural or manufactured products and seNices. . 
ARllCLE3 
(Personal scope of application] 
1. The present Code shall be' applicable to individual persons and corporate bodies being 
Portuguese or nationals of the Member States of the International Union for the Protection of 
Industrial Property. hereinafter referred to as the Union. in accordance with the terms of the Paris 
Convention of 2Cth March 1883 and revisions thereof. irrespective of residence or establishment, 
with the exception of the special provisions as to competence and procedure. 
2. Nationals of any country who are resident or have an industrial or commercial establishment, 
in fact and not as a matter of form. in the territory of a Member State of the Union. shall be 
considered as nationals of the Member States. 
3. With regard to any other foreign nationals. the provisions of Conventions between Portugal 
and the respective countries shall be observed and. in the absence thereof. the system of 
reciprocity shall apply. 
4. References made in this Code to the Union or Paris Convention for the Protection of Industrial 
Property shall cover the relevant provisions of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS]. 
ARllCLE4 
(System applicable to cases of more than one proprietor) 
In cases of more than one proprietor of industrial property rights. the relationship between them 
shall be governed, unless otherwise agreed, by the provisions of civil law relating to joint property. IP/NII/MACIII 1 
Page 6 
ARTlCLE 5 
(Effects of the registration 1 
1. Notwithstanding the provisions ofChe following number, the grant: of industrial property rights 
shall imply only legal presumption of the requirements of grant 
2. An award registration shall guarantee the veracity and authentiCity of the titles by which they 
were conferred and shall assure the proprietor of his indefinite property and exclusive use thereof. 
3. Trademark. appellation of origin and name and emblem of establishment registrations shall 
constitute grounds for the refusal or annulment of confusingly similar company names or trade 
names for which an application for incorporation is filed after the respective applications for 
registration. 
4. Annulment actions brought under the provisions of the preceding number may only be filed 
within ten years after the incorporation of the company, unless such actions are filed by the 
Portuguese Public Prosecutor. 
5. The rights conferred by patents, models. designs and registrations shall cover all the 
Portuguese territory. 
ARTlCLE 6 
(Proof of industrial property rights) 
1 . Proof of the industrial property rights referred to in this statute shall be given by means of the 
patent., model. design and registration certificates corresponding to the various categories 
governed herein. 
2. The holders of the various rights may have drawn up certified copies identical in content: to the 
patent., model. design or registration certificate. in order to prove these rights,in court or before 
any other official bodies. 
3. Certified copies of applications shall also be drawn up upon request of the applicant 
ARTiCLE 7 
(Supply of certificates of grant] 
1 . Certificates of grant shall not be supplied to the interested parties before one month period 
after the expiration of the time limit for appeal or. if an appeal is filed, after the final court decision 
has been given. 
2. Certificates shall be supplied to the proprietor or his legal representative against issuance of 
a receipt 
ARTICLE 8 
(Contents of certificates] 
1. The certificates mentioned in the previous articles shall contain the elements necessary for 
full identification of the right that they attest IP/NIlIMAClIll 
Page 7 
2. Specimen certificates shall be approved by a decision of the Minister far the area of industry. 
ARTICLE 9 
(Calculation of time limits) 
1. Periods established in this statute shall be uninterrupted. 
2. Holders of the various rights shall be reminded punctually and duly in advance of the time limits 
for the payment of annuities and renewal and revalidation fees. 
3. If notification is not provided this cannot be cited as justification for non-payment of fees within 
the time limits prescribed. 
CHAPTER 11 
ADMINISTRA TJVE PROCEDURE 
ARTICLE 10 
(Entidement to file and take action) 
1 . Persons entided to take legal action before the Portuguese tnstitute of Industrial Property shall 
be those who have an interest in the gct5 mentioned in this statute or their legal representatives. 
2. Action can only be taken and the prosecution of proceedings handled by: 
a) The actual interested party or the holder of the right, if established or resident in Portugal; 
b) Official industrial property agents; 
c) Appointed lawyers. 
3. If, during the prosecution of a particular act, the regulations governing legal representation 
stipulated in this article are infringed. the represented party shall be directly notified to fulfil the 
legal formalities required within the non-extendible period of one month, without loss of the 
priorities to which he is entitled; failure to do so shall mean that such act shall be deemed as null 
and void. 
4. Official agents and appointed lawyers representing pc -:-jes shall always have access to the file. 
ARTICLE 11 
[Priority of filing] 
1. Except in the cases provided for in this statute, patents, models, designs and registrations 
shall be granted to the first party having filed a regular appli~ation with the documents thereof. 
2. If applications are sent by mail, precedence shall be computed from the date on which the mail 
was registered or the date of the postmark. IP IN I lIMAC/I/ 1 
Page 8 
3. If two applications relating to the same right are received simult:cneously or claim u~e same 
priority. no action shall be taken until the interested parties have settled the question of priority 
either by agreement or at the competent civil court. 
4. If the application comes from abroad. the interested part'! shall be notified to appoint a legal 
representac.ive within one month. in accordance with number 2. paragraph b] or c] of the 
preceding article. if a representative has not: already been appointed. 
5. The application shall be refused if the notification referred to in the preceding number is not 
complied with. 
6. If the application is noe initially accompanied by all the documents required. priority shall be 
computed from the day and time that the last outstanding document is filed. 
7. If. due to amendments. the invention. model. design. trademark. name or emblem is to be 
considered as being noticeably different from the one first published in the Portuguese Industrial 
Property Bulletin. a further notice shall be published for apposition purposes and the priority of the 
amendments shall be computed from the date on which the amendment was made. 
8. If the examination reveals that the application for the patent. model. design or registration was 
not correctly drawn up. the applicant: shall be notified to file the application in accordance with the 
category stipulated. 
9. In the event of the preceding number the application shall be republished in the Portuguese 
Industrial Property Bulletin and the priorities to which the applicant is entitled shall not be affected. 
10. Until a decision is given. other amendments may be authorised. such as in respect of the name 
or head office of the applicant:. provided that: there are sufficjent grounds far such amendments 
and they are duly published. 
ARTICLE 12 
(Proof of the priority right] 
1. The Portuguese Institute of Industrial Property may request: parties claiming the right: of 
priority to file. within a reasonable period of time. a duly certified copy. as well as certification of the 
data of filing and. if necessary, a translation. 
2. This may be requested at any time, but the applicant shall not be required to fulfil this formality 
before three months after the date on which the application was filed in Portugal. 
3. The copy of the application shall be exempt from legalisation and may be filed free of charge 
within the time limit prescribed in the preceding paragraph. 
ARTICLE 13 
(Loss of the priority right] 
Failure to comply with the time limit of the preceding provisions shali lead to loss of the right of 
priority claimed. ARTICLE 14 
(Rectification of deficiencies) IP IN I lIMAC/I/l 
Page 9 
If any deficiencies are revealed before publication of the notice in the Portuguese Industrial 
Property Bulletin, the applicant shall be notified thereof by this means, in order to effece the 
necessart rectifications. 
ARTICLE 15 
(Notarisation of signatures) 
Signatures on documents not filed by an official agent or appointed lawyer shall always be 
notarised in accordance with legal stipulations. 
ARTICLE 16 
(Notifications] 
1 . If oppositions are filed, the applicant shall be notified immediately by the Portuguese Institute 
of Industrial Property. 
2. Identical notification shall be made in respect of the filing of statements, lapse actions and other 
similar briefs. 
3. Notice of oppositions. replies and lapse actions may be published in the Portuguese Industrial 
Property Bulletin for information purposes. 
ARTICLE 17 
[Time limit to reply] 
1. Applicants may reply to oppositions or similar briefs within two months after the date of 
notification thereof. 
2. If necessary, additional statements may be filed for further clarification. 
3. If requested during the time limit prescribed in number 1 and for justifiable reasons, an 
additional period of one month may be granted for the filing of the briefs mentioned therein. 
ARTICLE 18 
(Copies of briefs filed) 
1. Oppositions and briefs shall be accompanied by a copy thereof. 
2. The copies mentioned in the preceding number shall be supplied to the opposing party by the 
Portuguese Institute of Industrial Property. IP/N/l/MAC/If1 
Page 10 
ARTlCLE 19 
(Subsequent formalities] 
On the expiry of the time limit prescribed in article 17, if no reply has been filed by the party which 
is entitled to exercise this right, the allegations made by the parties shall be examined and 
assessed, aftsr which an opinion shall be given on the file and it shall be submitted for decision. 
ARTICLE 20 
(Inspections] 
1 . Before the information mentioned in the preceding article is provided, the inspection of any 
industrial establishment or other premises may be requested in order to back up or clarify the 
allegations made by the parties; the request shall not be accepted without a hearing of the other 
party. 
2. The request shall be well founded. 
3. Any casts involved in the inspection shall be borne by the party that requested it. 
4. The party that requested the inspection may freely withdraw it before it is begun. 
5. In the event of withdrawal in due time or refusal of the request far inspection, any expenses 
incurred shall be refunded upon the request of the interested party. 
ARTICLE 21 
(Official inspections) 
An inspection may also be requested by the POr"l.Uguese Institute of Industrial Property of its own 
motion if it is found to be necessary in order to fully clarify the matter. 
ARTlCLE22 
(Filing of documents) 
1. Documents shall be filed with the briefs containing the facts to which they refer. 
2. Documents may be filed in accordance with the following article if it is proved to have been 
impossible to obtain them in due time. 
ARTICLE 23 
(Attachment to the file and return of documents) 
1. Oppositions and similar documents filed outside the respective time limit, as well as 
documents filed under the circumstances stipulated in number 2 of the preceding article, shall 
only be attached to the file by means of a decision. IP/N/l/MAC/If1 
Page 11 
2. Any documents which are irrelevant or unnecessary shall be refused. even if they are filed in 
due time. as well as any documents drawn up in disrespectful or improper terms or documents 
considered as containing a repetition of allegations already made. 
3. The documents mentioned in the preceding number shall be returned to the parties, who shall 
be notified officially in writing to collect them within a stipulated period. otherwise they shall be 
stored separately from the file. 
4. The notification mentioned in preceding number shall always be addressed to the actual 
interested party, even if a legal representative has been appointed. 
ARTlCLE24 
(Modification of the decision ex officio] 
1. If. up to the moment of publication of a decision, it is found that it should be modified, the case 
shall be referred to a higher decision with information concerning the facts which have came to 
light and make it advisable to revoke the decision given. 
2. A higher decision shall mean a decision given by a body that is hierarchically superior to the 
body that signed the decision to be modified. 
ARTlCLE25 
(Grounds for refusal] 
1. The following shall constitute grounds far the refusal of a patent, model. design or registration: 
aJ Failure to pay fees; 
b] Omission of documents required; 
c] Failure to comply with other legal formalities; 
d] If it is found that the applicant intends to practise unfair competition or that this is possible 
irrespective of his intention. 
2. In the cases provided for in paragraphs al, b] and cl. the file shall not be submitted far decision 
without prior written notification to the applicant of a period within which he may rectify the 
application. 
ARTlCLE 26 
[Amendment to non-essential elements] 
1. Any amendment which does not affect the essential and characteristic elements of the patent, 
model. design or registration may be authorised in the same file ':JVided that it is duly justified and 
published for appeal purposes, in accordance with the provisions of article 38 onwards. 
2. No request for amendment prO\lided for in this article shall be accepted if any lapse 
proceedings are pending in respect of the same file. IP/N/1/MAC/If1 
Page 12 
ARTlCLE 27 
(Documents attached to other files] 
1. With the exception of powers of attorney, which shall be attached to all files even if the 
applicant has the same legal representative, documents in relative co applications may be attached 
to one of the files and referred to in the others. 
2. In the event of an appeal the appellant shall complete at his own expenses the files in which 
such documents are mentioned, by means of certified copies. 
3. Failure to fulfil the requirements of the previous numbers shall be mentioned in the notice 
submitting the file to court, the time limit of which shall not be extended for this reason. 
ARTICLE 28 
(Publication of actsl 
1. AC"...s to be published in accordance with this s+-...at:ute shall be communicated to the parties and 
to the public through publication in the Portuguese Industrial Property Bulletin. 
2. If the interested par1:y is notified in writing, the time limit shall be stipulated therein and 
computed from the date thereof. 
3. Without prejudica to the rule stipulated in this artide, the parties or their legal representatives 
may obtain directly from the Portuguese Institute of Industrial Property, before publication of the 
Bulletin, a certified copy of the decision given in respect of their applications. 
4. If a certified copy is requested by the !osing party, the time !imit for appeal shall be computed 
from the date in which the certified copy is provided and the other par1:y, if any, shall be notified 
thereof on the same date. 
5. Any person may also request a certified copy of regis+-uations effected and documents and files 
that are in the records, as well as photocopies or ordinary' copies of drawings, photographs, plants 
and models filed with applications for patents for invention, utility models and industrial model or 
design and trademark and name and emblem of establishment registrations, once the respective 
files have been made available to the public and provided that third par1:y rights are not prejudiced. 
6. In all files, being made available to the public shall be meant that the application is published 
in the Portuguese Industrial Property Bulletin. 
7. Without prejudice to the provisions of the previous numbers, the Portuguese Institute of 
!ndustria! Proper1:y may provide information conceming trademark and name and emblem of 
establishment applications before they are made available to the public, through publication in the 
Bulletin. CHAPTER 11/ 
ASSIGNMENT AND UCENCES 
ARTlCLE 29 
(Assignment] IP IN I lIMACII/ 1 
Page 13 
1. The rights derived from patents. utility models, industrial model and design registrations and 
trademark registrations may be assigned with or without a consideration, as a whole or in part, 
for the fu/llife thereof or for a shorter period, to be used in any part of the Portuguese territory or 
in some given locatilies. 
2. The provisions of the preceding number shall apply to the rights derived from patent and utility 
mode! applications and applications for the registration of industrial models and designs and 
trademarks. 
3. Assignment by inter vivos shall be proven by means of a written document. 
4. The rights derived from name, emblem, logo and award applications or registrations may only 
be assigned. with or without a consideration, together with the establishment or part of the 
establishment to which they are associated. . 
5. Without prejudice to the provisions of the fol/owing number and unless expressly declared 
otherNise, assignment of the establishment shall include the respective name, emblem, logo or 
award. 
6. If the name. emblem or logo indudes the personal name. trade name or company name of the 
owner of the establishment or persons he represents, an express clause shall be necessary for 
the assignment thereof. 
ARTlCLE30 
(Contractua/licensing) 
1. The rights mentioned in number 1 of the preceding article may also be the subject of a licence 
to work the right as a whole or in part, for the whole of Portuguese territory or a certain area, for 
the full life of the right or a shorter period. 
2. The provisions of the preceding number shall apply while an application is pending. but refusal 
of the application shall imply the lapse of the licence. 
3. The licence contract shall be drawn up in writte'i fOnTt 
4. Unless otherwise stipulated, the licensee shall enjoy all the rights conferred upon the licensor 
for all legal effects. with the exception of the provisions of the fol/owing numbers. 
5. The right conferred by a licence cannot be alienated without the written consent of the 
licensor. 
6. The grant of a licence shall not prevent the licensor from retaining the right to directly work 
the licensed right 
7. The licence shall be presumed to be non-exclusive. IP/NI1/MACIII 1 
Page 14 
8. All exclusive licence shall mean that the proprietor of the patent renounces the right to grant 
other licences far the rights that are the subject of the licence while such licence is in farce. 
ARTlCLE 31 
[Registering the rights) 
1. In the cases provided far in article 29. numbers 1. 2 and 4 and numbers 1 and 2 of the 
preceding article. the assignment or licence shall only take effect in respect of third parties after 
it has been recorded at the Portuguese Institute of Industrial Property. 
2. That record shall be endorsed an the certificate upon request of any of the interested parties. 
and documents attesting to the assignment or licence must be provied. 
3. If the record of the assignment is requested by the assignor. the assignee shall also sign the 
document giving proof thereof or shall expressly declare that he accepts the assignment. 
4. After the record has been effected. the certificate shall be returned to the party that requested 
it and the request and the documents shall be attached to the respective file. 
5. Notice of that record shall be published in the Portuguese Industrjal Property Bulletin. 
CHAFfER IV 
TERMINATION OF INDUSTRIAl PROPERTY RIGHTS 
ARTlCLE 32 
[Revocation] 
1. Industrial property rights shall be rendered totally or partially null and void in the following 
cases: 
a] If the subject-matter cannot be protected; 
b] If any formalities were not futfilled in the grant of the right in such a way as to call into 
question the final result of the procedure. 
2. The revocation of the right may be declared while there is an interest in such declaration. 
ARTlCLE 33 
[Annulment] 
1. Industrial property certificates may be totally or partially annulled if the proprietor has no right 
thereto. namely: 
a] If the right does not belong to the proprietor, 
b) If the grant of the right infringes third party rights based on priority or other legal title. IP/NI1 IMACIII1 
Page 15 
2. The interested party may request the total or partial reversal of the right in its favour instead 
of the annulment thereof, provided that all legal requirements are met. 
ARllCLE34 
(Procedure for the declaration of revocation and annulment) 
1 . The declaration of revocation or annulment may only be determined by a judicial decision. 
2. Action shall be taken by the Portuguese Public Prosecutor or any interested party against the 
registered proprietor of the right and shall be communicated to all the holders of registered rights 
derived therefrom, who may intervene in the proceedings. 
3. The judicial decision shall be recorded or noted at the Portuguese InstittJte of Industrial 
Property and published in the Portuguese Industrial Property Bulletin. 
ARTlCLE35 
(Effects of the declaration of revocation] 
The retroactivity of the declaration of revocation shall not prejudice effects arising from the 
fulfilment of commitments, judicial decisions res judicata or settlements, even if they have not yet 
been validated, or as a result of other similar acts. 
I. Industrial property r!ghts shall lapse: 
~] On expiry of the period of validity; 
b] In default of payment of fees. ARllCLE 36 
(Lapse] 
2. lapse actions shall be filed at the Portuguese Institute of Industrial Property and the respective 
proceedings shall be suspended if the action is withdrawn. 
3. Lapse shall be recorded and a notice thereof shall be published in the Portuguese Industrial 
Property Bulletin. 
4. lapse shall only take effect after it has been declared in proceedings held at the Portuguese 
Institute of Industrial Property. 
5. The proprietor of the registration shall be notified of the lapse action in order that he may file 
his reply, if sa desired, within two months. 
6. After this period has expired, the Portuguese Institute of Industrial Property shall give a 
decision an the declaration of the lapse of the registration within the same tir:;o lin,ir_ 
7. If the action is withdrawn before a decision is given, the lapse proceedings shall be suspended. IP/NIlIMACIII 1 
Page 16 
ARTICLE 37 
(Renunciation] 
1. The proprietor may renounce his industrial property rights by means of an express declaration 
supplied to the Portuguese Institute of Industrial Property. 
2. Renunciation may be partial if the nature of the right so permits. 
3. The declaration of renunciation shall be made by means of a request to be attached to the 
respective file. 
4. If the request for renunciation is not signed by the interested party. the respective legal 
representative shall file a power of attomey with special powers. 
5. Renunciation shall not prejudice duly registered third party rights. provided that the respective 
proprietors. after due notification. substitute the proprietor of the main right for the purpose of 
retaining the certificates. insofar as is necessary for the safeguard of such rights. 
6. Renunciation shall be recorded and a notice thereof published in the Portuguese Industrial 
Property Bulletin. 
CHAPTEAV 
APPEAL 
SECTION I 
JUdicial appeal 
ARTICLE 38 
[Persons entitled to appeal] 
Parties entitled to appeal against decisions of the Portuguese Institute of Industrial Property shall 
be the applicant, opponents and any other person who may be directly prejudiced by the decision. 
ARTICLE 39 
mme limit of appeal] 
The appeal shall be filed within three months after the date of the pUblication of the decision in the 
Portuguese Industrial Property Bulletin or the obtention of the certified copy of this decision if this 
date is prior. AATICLE40 
(Reply. Submission of the file) IP IN I lIMACIII1 
Page 17 
1. After the action has been filed in court, a copy of the petition and a certified copy of the 
contents of any documents of major interest shall be submitted to the Portuguese Institute of 
Industrial Property. so that the body which gave the decision appealed against may reply thereto 
and submit or order to be submitted the file, in respect of which the decision was given, to the 
court. 
2. If it is found that the file contains sufficient information for clarification of the court, it shall be 
submitted within ten days. together with notice of submission. 
3. If this is not the case, the notice of submission shall contain a reply to the appeal and shall be 
submitted with the file within a period of 20 days. 
AATlCLE41 
(Consultation of the file by the opposin~ party] 
1. Once the file is received by the court, it shaH be made available for 20 days to the opposing 
party, if any. 
2. The Portuguese Institute of Industrial Property shall never be considered as an apposing party. 
3. Notification of the opposing party shall be made to the office of the party's appointed lawyer 
or, in the absence thereof, to the office of the duly identified official industrial property agent who 
has represented the party during the administrative proceedings, although the agent may only 
intefV'ene in the proceedings through an appointed lawyer 
4. On the expiry of the consultation period. the proceedings shall be concluded and the final 
decision given within 1 5 days. except in the case of a justifiable impediment. 
AATlCLE42 
(Request for technical experts) 
If the appeal contains a technical problem requiring further information or if the judge considers 
it appropriate. he may at any time request the attendance. on a day and at a time that he 
designates. of any technical expert or experts on whose opinion the decision appealed against was 
based. in order to ~--'vide orally any clarifications necessary. 
ARTICLE 43 
(Appeal against the judicial decision] 
It is possible to appeal against the judicial decision given in accordance with the general terms of 
the law. IP IN I lIMACII/ 1 
Page 18 
ARTICl£44 
(Publication of the final decision) 
Once the final decision has become res judicata. the secretary's office of the court shall send a 
copy to the Portuguese Institute of Industrial Property for publication of the respective text and 
corresponding notice in the Portuguese Industrial Property Bulletin and record thereof. 
SECTION 11 
Guarantees 
ARTlCl£45 
(Preliminary injunction system) 
1. Preliminary injunctions may be brought in any action taken in respect: of an industrial property 
right. 
2. The provisions of civil procedure shall apply to this injunction system, but there shall always be 
a hearing of the opposing party unless, exceptionally, this could ieopardise the result of the actual 
injunction. 
SECTION III 
Ministerial appeal 
ARTICLE 46 
(Ministerial appeal) 
1. Decisions given by the President: of the Portuguese Institute of Industrial Property which 
cannot be refelTed to appeal U/ider article 38 may be appealed against to the competent Minister. 
2. The terms of this article shall not prevent other matters from being submitted for ministerial 
assessment: and decision, should any doubts or difficulties arise which require recourse to 
ministerial authority, or if the Minister requests that any matter be brought before him. PARTIJ IP/N/I/MAC/I/I 
Page 19 
INDUSTRIAL PROPERTY LEGAL SYSTEMS 
CHAPTER I 
I NVENTlO NS 
SECTION I 
General provisions 
ARTlCLE47 
(Subject-matter of the patent) 
I. New inventions involving an inventive step shall be patentable if they are susceptible of 
industrial application. 
2. New processes for obtaining products. substances or compositions that are already known 
shall also be patentable. 
ARTlCLE48 
(Umitations regarding subject-matter) 
I. The following shall be excepted from the preceding article: 
aJ Discoveries. as well as scientific theories and mathematical methods; 
b) Materials or substances already existing naturally and nuclear materials; 
c) Aesthetic creations; 
d) Schemes. rules and methods for performing mental acts playing games or doing business 
and programs for computers, as such; 
e 1 Presentations of information. 
2. Methods for treatment of the human or animal body by surgery or therapy and diagnostic 
methods practised on the human or animal body shall not be patentable, although the products, 
substances or compositions used in any of these methods shall be patentable. 
3. The provisions of number 1 shall only exclude patentability when the subject-matter to be 
patented is limited to the elements mentioned therein. 
ARTICLE 49 
(Umitations regarding the patent) 
1. The following are not patentable: 
a) Inventions the publication or exploitation of which would be against the law or contrary to 
public order, public health or morality. IP/N/1/MACllll 
Page 20 
b) Plant varieties and breeds of animal. as well as essentially biological processes far the 
production of plants and animals. although microbiological processes and the products 
obtained by such processes are patentable. 
2. A substance or composition included in the 5t::-te of the art which is used in the working of one 
of the methods mentioned in article 47. number 2 can be patented, provided that its use for any 
of the methods mentioned therein is not included in the state of the art. 
ARTICLE 50 
(Requirements for grant) 
1. An invention shall be considered to be new if it is not included in the state of the art. 
2. An invention shall be considered as involving an inventive step if. having regard to the state of 
the an:, it is not obvious to a person skilled in the art. 
3. An invention shall be considered as susceptible of industrial application if it can be made or 
used in any kind of industry. including agricultUre. 
ARTICLE 51 
(State of the art] 
1. The state of the art shall be held to comprise everything which. in Portugal or elsewhere. is 
available to the public before the date of the patent application by means af a description, by use 
or by any other means. in such a way as to be understood and worked by those skilled in the art. 
2. The contents of patent and utility model. applications filed in Portugal before the date 
mentioned in this article but not yet published shall also be considered as included in the state of 
the art. 
ARTICLE 52 
(Non-apposable disclosures] 
1. The following shall not prejudice the novelty of the invention: 
aJ Communications made before scientific societies or professional technical associations 
or for the purpose of Portuguese or international competitions. exhibitions or fairs which are 
official or officially recognised in any country of the Union. if the application for the respective 
patent is filed in Portugal within 1 2 months; 
bl Disclosures resulting from evident abuse regarding the inventor or his successor in any 
title. or from publications unduly made by the Portuguese Institute of Industrial Property. 
2. The provisions of paragraph aJ of the preceding number shall only apply if the applicant 
declares, when filing the application. that the invention was actually disclosed in accordance with 
the terms stipulated therein. 
3. The applicant shall present proof of his declaration up to four months after the date of the 
application. ARTICLE 53 
(Right to the patent) IP/N/l/MAC/I/1 
Page 21 
1. The right to the patent shall belong to the inventor or his successors in any title. 
2. tt the inventors are two or mare in number, the right to file the patent application shall belong 
to the group as a whale. 
ARTlCLE 54 
(Employees'rights] 
1. The right to the patent for an invention carried aut during the performance af a work contract 
that provides far the inventive step and the special remuneration thereof shall belong to the 
employer company. 
2. If the special remuneration of the inventive step is not provided far, the inventor shall be 
entitled to remuneration according to the value of the invention. 
3. In the absence of the conditions stipulated in the preceding number, if the invention falls within 
the scope of activity of the company: 
al The company shall be entitled to assume the property of the invention or to reserve the 
right to the exclusive or non-excfusive working of the invention. the acquisition of the patent 
thereof and the right to apply far or acquire a foreign patent; 
bl The inventor shall be entitled to equitable remuneration, after deduction of the amount 
corresponding to any assistance supplied by the company in order to carry out the 
invention. 
4. The inventor shall inform the company about the inventions he has carried out within three 
months from the date the invention is considered as accomplished. 
5. Failure to meet the obligation mentioned in the preceding number an the part of the inventor 
shall lead to the lass of his rights in this respect. 
6. The company may exercise its rights within three months after receipt af the notification given 
by the inventor. 
7. Acquisition of the rights of the company mentioned in the previous numbers shall be rendered 
.null and void if renumeration is not paid in full within the stipulated time limit. 
8. tt. in the event of numbers 2 and 3. the parties do not come to an agreement. the matter shall 
be resolved. in accordance with Decree-Law nr. 31/86. of 29th August. by a court of arbitration 
comprising an arbitrator appointed by the company, another by the inventor ans a third by 
agreement, or. in default thereof. by the presiding judge of the court of appeal of the judicial district 
in which the employee normally carries out his duties. 
9. Inventions. the patents of w~ich have been applied far within one year after the date on which 
the inventor leaves the company. shall be considered as having been carried out during the 
performance of the work cont.rcct. 
10. The preceding provisions shall apply to the State and administrative bodies regarding their civil 
servants and employees whose activity is carried out by law. regulamentation or contract. IP IN I lIMACII/ 1 
Page 22 
11. The rights conferred on the employee under this article cannot be renounced in advance. 
ARTICLE 55 
(Inventor's right) 
1. If the patent is not applied for in the name of the inventor. he shall have the right to be 
mentioned as such in the patent application and certificate. 
2. The inventor does not have to be mentioned as such in publications resulting from the 
application. unless he sa request at the Portuguese Institute of Industrial Property by means of a 
duly signed declaration. 
ARTICLE 56 
(Priority right) 
1 . A person who has duly filed in any of the countries of the Union an application for a patent, utility 
model. utility certificate or inventor's certificate. or his successor, shall enjoy. far the purpose of 
filing a patent application in Portugal. the right of priority established in the Union of Paris 
Convention for the Protection of Industrial Property. 
2. AAy application that is a regular national application. drawn up in accordance with the national 
law of each countl)' of the Union or under bilateral or muftilateral treaties between Member States. 
shall also enjoy the right of priority. 
3. By a regular national application is meant any application filed in such a way as to establish the 
date on which it was filed in the country in question. irrespective of anything that may subsequently 
affect it in any way. 
4. Thus. an application subsequendyfiled in Portugal before the end of the period of priority sha!! 
not tie deemed null by events occurring during the same period, namely by other applications or 
the publication or working of the invention. 
5. A later application with the same subject-matter as an earlier first application shall be 
considered as the first application and the date on which it was filed shall indicate the beginning 
of the period of priority. provided that. an the date of the filing of the later application. the earlier 
application has been withdrawn, abandoned or refused. without having been open to public 
examination and without leaving any rights outstanding. and provided also that it has not served 
as a basis for claiming a right: of priority. 
6. In the event of the preceding number. the earlier application may never again serve as the 
basis for claiming the right of priority. 
7. Any person who wishes to exercise the right of priority of an earlier application shall make a 
dedaration indicating the date and country of such application. This declaration shall be filed with 
the application or at any time up r"" a period of three months after the end of the period of priority. 
8. In the case of an application daiming several priorities. the period of priority shall be computed 
from the date of the earliest priority. . IP IN I lIMAC/I/ 1 
Page 23 
9" A priority or a patent application may not be refused on the grounds of the applicant's claiming 
multiple priorities. even if they are in respect of different countries. or on the grounds that an 
application claiming one or more priorities contains one or more elements that were not included 
in the application(s) the priority of which is being claimed. provid ed that in both cases there is unity 
of invention. 
10. If the examination reveals that a patent application contains more than one invention. the 
applicant may. of his own motion or in fulfilment of notification. divide the application into divisional 
applications. which shall retain the date of the original application and. if relevant. the benefit of the 
right of priority. 
11. The applicant may also divide the patent application on his own motion. retaining as the date 
of each divisional application the date of the original application and. if relevant. the benefit of the 
right of priority. 
1 2. The priority may not be refused on the grounds that certain elements of the invention for which 
the priority is claimed do not appear among the claims made in the application filed in the country 
of origin. provided that the application as a whole accurately indicates such elements. 
SECTION !I 
Patent procedure 
SUBSECTION I 
National route 
ARTICLE 57 
(Form of application] 
1 . Patent applications shall be made by a request. drawn up in Portuguese on the appropriate 
printed form. indicating: 
a1 The applicant's name. trade name or company name, nationality and residence or place 
of business; 
b] A heading or title resuming the subject-matter of the invention; 
cl The name and country of residence of the inventor; 
dl If the applicant wishes to claim the right of priority. the country. date and number of the 
original application. 
2. The appli: ion shall be signed by the applicant or his legal representative, in which case it is 
compulsory tu ,"lie a power of attorney. 
3. Fancy expressions used to designate the invention cannot be claimed but may be registered 
as a trademark. IP/NII/MACIII 1 
Page 24 
ARTICLE 58 
(Documents to be filed] 
The following documents, in duplicacs, shall be attached to the application and shall meet the 
requirements stipulacsd by a decision of the Minister responsible for the area of induS'"wy. 
a] Claims for what is considered as being new and which characterises the invention: 
b] A specification of the subject-matter of the invention; 
cJ Drawings necessary to perfe~Jy understand the specification; 
d] Abstract of the invention. 
ARTICLE 59 
(Biotechnological inventions] 
1. tfthe application mentions a biologically reproducible material which may not be described in 
such a way as to enable those skjlled in the art to carry out the invention. and if this macsrial is not 
available to the public. the application shall be completed by depositing this material with an 
authorised institution. in accordance with the international conventions in force in Portugal. 
2. The material shall be deposited no later than the date of the patent application in Portugal or, 
if a priority is claimed. no later than the date of this priority. 
3. All the available characteristics of the microorganism required for it to be correctly identified 
shall be indicated. including the name and address of the depositary institution and the date and 
number of the deposit of the culture at the institution. 
4. These characteristics shall be submitted to the Portuguese Institute of Industrial Property 
within 16 months after the date of the application filed in Portugal or. if a priority is claimed, arl.€r 
the priority date. . 
5. Access to the microorganism culture may only be given at the institution mentioned, as from 
the date of publication of the application. . 
ARTlCLE60 
(Time limit for submission of the specification and drawings] 
The specification of the invention and drawings may be furnished to the Portuguese Institute of 
Industrial Property within three months after the date of the application filed in Portugal. 
ARTICLE 61 
(Unity of the invention] 
1. Applications may only be filed for a single patent and each patent shall relate to a single 
invention. 
2. A group of inventions so linked as to form a single general inventive concept shall be 
considered as a single invention. ARTICLE 62 IP/N/1/MAC/IIl 
Page 25 
(Publication of the application and rights conferred) 
1. Notice of the filing of the application shall be published in the Portuguese Industrial Property 
Bulletin, with a copy of the abstract. 
2. Notice shall not be published before the end of the eighteenth month after the date on which 
the application was filed at the Portuguese Ins+-Jtute of Industrial Property, or after the date of the 
priority claimed. 
3. Publication may only be brought forward at the express request of the applicant. 
4. After publication, any person may request a copy of the corresponding claims, specification 
and drawings. 
5. Without prejudice to the provisions of the previous articles, any claims or expressions that 
infringe the terms of article 57, number 3 shall be officially eliminated from the certificate for the 
patent as well as publications arising from the application. 
S. The patent application shall provisionally confer on the applicant. from the date of publication 
mentioned in the previous numbers, the protection that would be conferred by the grant of the 
right. 
7. The provisional protection mentioned in the preceding number shall also apply, before the date 
of pUblication, to any person who is notified of the filing of the application. 
8. judicial decisions concerning action taken based on provisional protection may not be given 
before the final grant or refusal of the patent. 
ARTICLE 63 
(Examination reporc) 
1. When the specification and drawings are filed at the Portuguese Institute of Industrial 
Property, the Institute shall proceed with the examination of the corresponding patent application 
and the respective international classification, in accordance with the terms of the Strasbourg 
Agreement. 
2. FollOWing this examination a report containing the examiner's opinion shall be drawn up within 
six months after the publication of the application. 
ARTICLE 64 
{Publication of the notice of acceptance of grant or refusal] 
1 . If the examination concludes that the patent can be granted, the examiner shall propose the 
publication of the respective notice in the Portuguese Industrial Property Bulletin. 
2. If the examination concludes that the application cannot be granted, the examination report shall 
be sent to the applicant. with notification to reply to the observations made within a period of two 
months. 
3. If the examiner decides from the applicant's reply that the patent can be granted. he shall 
propose the publication of the respective notice in the Portuguese Industrial Property Bulletin. IP/NIl/MACIII 1 
Page 26 
4. If the applicant does not reply to the notification the examiner shall propose the refusal of the 
patent 
5. If the reply is considered insufficient, the examiner shall propose a decision in accordance with 
the examination report. 
6. If the patent is refused. the respective notice shall be published in the Portuguese Industrial 
Property Bulletin. 
ARTICLE 65 
(Partial grant] 
1. If the examiner only requires the limitation of the scope of the invention. the elimination of 
certain claims. drawings or phrases of the abstract or specification or the amendment of the title 
or heading of the invention. in accordance with the notification. and if the applicant does not 
voluntarily proceed with these modifications. the examiner may effect them and therefore propose 
the grant of the respective patent 
2. If the examiner proposes the grant of the patent, the respective notices to be published in the 
Portuguese Industrial Property Bulletin shall indicate passible amendments to the heading, claims. 
specification or abstract 
3. Partial grant shall be such that the refused part of the patent does not exceed the scope of the 
observations made in the examination report. 
ARllCLE 66 
(Opposition] 
1. The notices stating that the patent can be granted shall be published ifl the Portuguese 
Industrial Property Bulletin so that those who consider themselves prejudiced may tile oppositions. 
2. Oppositions shall be filled within three months after the date of publication of the Bulletin 
containing the notice. 
ARTICLE 67 
(Publication] 
1. If no oppositions are filed, notice of the grant of the patent shall be published. 
2. If any oppositions are tiled, the applicant shall be notified to reply in accordance with the 
provisions of article 17. 
3. After the opposition proceedings have ended, the application shall be re-examined and 
submitted for decision, which shall be published in the Portuguese Industrial Property Bulletin. ARllCLE 68 IP/NI1 IMACIII1 
Page 27 
[Publication of the complete patent specificationl 
The complete patent specification may be published provided that the time limits stipulated in 
article 17 have expired. 
1. The patent shall be refused: ARllCLE 69 
(Grounds for refusal) 
al If its subject-matter is included under article 48 or 49; 
b I If the heading or title of the invention fraudulently covers different subject-matter. or if there 
are any differences between the specification and drawings and the respective duplicates; 
c] If the invention is not described adequately enough to be worked by any person skilled in the 
art: 
d) If. by virtue of its specification and claims. it is considered to be a utility model or an 
industrial model; 
el If it is found that the provisions of article 54 have been infringed. 
2. In the case provided for in paragraph el of the preceding number. instead of the patent being 
refused, its total or partial assignment to the interested party may be granted. if he so requests. 
ARllCLE70 
(Notification of grant to the applicant] 
The applicant shall be notified of the grant of the patent. indicating the Bulletin in which notice 
thereof is to be published. 
SUBSECTlON 11 
European route 
ARTlCLE71 
(Scope] 
1. The following provisions shall apply to European patent applications and European patents 
cc:dng effect in Portugal. 
2. The provisions of the present Code shall be applicable insofar as they do not violate the terms 
of the European Patent Convention af 5th October 1973. IP/NII/MACIII 1 
Page 28 
ARllCLE 72 
(Filing of European patent applications) 
1. European patent applications shall be filed at the Portuguese Institute of Industrial Property 
or the European Patent Office. 
2. If the residence or head office of an applicant of a European patent is located in Portugal. the 
filing of the application at the Portuguese Institute of Industrial Property shall be compulsory, 
unless the European patent application claims the priority of an earlier application filed in Por .... ugal 
far the same invention and if this invention is not considered as secret by the competent 
authorities. 
3. The terms of Decree-law nr 42 201 of 2nd April 1959 shall apply to the patent applications 
mentioned in the preceding number. 
ARllCLE73 
(Languages in which European patent applications may be drawn up) 
1. European patent applications filed in Portugal may be drawn up in any of the languages 
stipulated in article 14, numbers 1 and 2 of the Munich Convention. 
2. If the European patent application is not filed in Portuguese. it shall be accompanied by a 
Portuguese translation of the specification, claims and abstract and a copy of the drawings 
included in the application. even if they do not contain wording to be translated. unless the 
European patent application claims the priority of an earlier patent filed in Portugal for the same 
invention. 
ARllCLE74 
(Rights conferred by published European patent applications) 
1. European patent applications, as from pubfication in accordance with article 93 of the Munich 
Convention, shall enjoy in Portugal provisional protection equivalent to that which is conferred an 
the publication of Portuguese national patent applications, as from the date on which a Portuguese 
translation of the claims is made accessible to the public at the Portuguese Institute of Industrial 
Property, together with a copy of the drawings. 
2. The Portuguese Institute of Industrial Pro08rty shall publish in the Portuguese Industrial 
Property Bulletin notice of the indications necessary for identification of the European patent 
application. 
3. As from the date of publication of the notice, any person may have access to the text of the 
translation and obtain reprpductions thereof. 
M--. T1CLE 75 
(Translation of the complete specification of the European patent) 
Whenever a patent is granted by the European Patent Office. the respective proprietor shall file 
at the Portuguese Institute of Industrial Property a Portuguese translation of the complete IP/NllIMAClIll 
Page 29 
specification of the patent and. if applicable. the complete specification of ttle patent as modified 
during the opposition stage. under penalty of the patent not taking effect in Portugal. 
ARTICLE 76 
[Time limit to file the translation 
of the complete specification of the European patent} 
1 . The Portuguese translation of the complete specification of the European patent shall be filed 
at the Portuguese Institute of Industrial Property within three months after ttle date of publication 
in the European Patent Bulletin of ttle mention of the grant of the patent or. if applicable. the date 
of the mention of the decision concerning oppositions. 
2. Any fees due shall be paid during the time limite specified in the preceding number. 
3. The translation of ttle complete specification of the European patent shall be accompanied by 
a copy of the drawings contained therein. even if they do not include expressions to be translated. 
ARTICLE 77 
(Effecting of translations] 
If the residence or head office of the applicant or proprietor of the European patent is not located 
in Portugal. translations of the texts shall be effected under the responsability of an official 
industrial property agent or a legal representative entitled to act before ttle Portuguese Institute 
of Industrial Property. 
ARTICLE 7B 
(Publication of ttle notice concerning ttle translation] 
1. The Portuguese Institute of Industrial Property shall proce.ed with ttle publication in the 
Portuguese Industrial Property Bulletin of notice concerning the submission of the translation 
indicated in article 75. containing ttle indications necessary for identification of the European 
patent. 
2. Notice shall only be published after the corresponding fee has been paid. 
ARTICLE 79 
(Record on patent registers] 
1. When the mention of the grant of a European patent has been published in the European 
Patent Bulletin. the Portuguese Institute of Industrial Property shall proceed with the record 
thereof on its patent register wittl the detai.ls mentioned on the European patent register 
2. The date on which ttle translation mentioned in article 75 is received shall also be recorded 
on the patent register at the Portuguese Institute of Industrial Property; if ttlis translation is not 
submitted. the details mentioned on the European patent register concerning opposition 
proc~edings shall be recorded. as well as the details specified for Portuguese patents. lP/N/l/MAC/lf1 
Page 30 
3. Record on the European patent register of acts assigning or modifying rights concerning a 
European patent application or a European patent shall make these acts opposable to third 
parties. 
ARTlCLE80 
(Authentic text of a European patent] 
If a Portuguese translation is filed in accordance within the terms of the previous articles, it shall 
be considered as the authentic te;d: if the protection conferred by the European patent application 
or the European patent, in the translated text, is narrower than the protection conferred by such 
application or patent in the language used in the proceedings. 
ARllCLE 81 
(Revision of the translation] 
1. The applicant or proprietor of the European patent application may at any time revise the 
translation, which shall only take effect if it is made accessible to the public at the Portuguese 
Institute of Industrial Property and the respective fee is paid. 
2. Any person who, in good faith, has started to work an invention or who has made serious and 
effective preparations to this end, may continue to work the invention in the course of his business 
or for the needs thereof, without payment and with no obligation to pay compensation, provided 
that the working of the invention does not infringe the application or patent, in accordance with the 
text of the original translation. 
AR1lCLE 82 
(Conversion of a European patent application into a 
Portuguese national patent application] 
1. A European patent application may be converted into a Portuguese national patent application 
in the cases stipulated in article 135, number 1, paragraph a] of the European Patent Convention. 
2. A European patent application may also be converted into a Portuguese national patent 
application in the case provided for in article 90, number 3 of the European Patent Convention, 
whenever article 14, number 2 of the Convention is applicable. 
3. A European patent application shall be considered as being a Portuguese national patent 
application as from the date on which the request for conversion is received by the Portuguese 
Institute of Industrial Property. 
4. The P ==ltent application shall be refused if. within two months arl..Cr the receipt of the request 
for conversion, the applicant has not paid the fees due at the time of the filing of a Portuguese 
national patent application or, if applicable, the applicant has not filed a Portuguese translation of 
the original text of the European patent application. 
5. If the residence or head office of the applicant is not located in Portugal, he shall appoint an 
offici?1 industrial property agent in Portugal and communicate his name and address to the 
Portuguese Institute of Industrial Property. ARTICLE 83 IP IN I lIMACII/ 1 
Page 31 
(Conversion of a European patent application into 
a Portuguese utility model application) 
1. A European patent application shall be converted into a Portuguese utility model application 
in tile cases specified in the preceding article. 
2. A European patent application which has been refused by tile European Patent Office or which 
has been withdrawn or deemed to have been withdrawn. may be converted into a Portuguese 
utility model application. 
3. The provisions of the preceding article shall apply to the request for the conversion of a 
European patent application into utility model application. 
ARTICLE 84 
(Dual protection prohibition] 
1. A Portuguese patent the subject-matter of which is an invention already protected by a 
European patent granted to the same inventor. or with his consent, with the same date of filing or 
priority. shall cease to have effect as from: 
aJ The date on which the time limit for filing oppositions against the European patent expires. 
if no oppositions have been filed; 
b] The termination of opposition proceedings and the European patent is maintained. 
2. If the Portuguese patent is granted after either of the dates indicated in paragraphs a) and b) 
of tile preceding number. it shall not take effect. 
3. The subsequent termination or annulment of tile European patent shall not affect tile 
provisions of tile previous numbers. 
ARTICLE 85 
(Annual fees] 
For all European patents taking effect in Portugal. the annual fees applicable to Portuguese national 
patents shall be paid at tile Portuguese Institute of Industrial Property within the time limits 
stipulated in the present Code. IP/N/l IMACIII 1 
Page 32 
SUBSECTION III 
Patent Cooperation Treaty Route 
ARTlCLE 86 
(Definition and scopeJ 
1. AA intemational application shall be deemed to be an application filed in accordance with the 
terms of the Patent Cooperation Treaty concluded in Washington on 18th June 197D. 
2. The terms of the Patent Cooperation Treaty and the complementarf provisions contained in 
the following articles shall apply to all international applications for which the Portuguese Institute 
of Industrial Property acts as receiving office or designated or elected office. 
3. The provisions of the present Code shall be applicable insofar as they do not violate the terms 
of the Patent Cooperation Treaty. 
ARTICLE 87 . .. 
(Filing of international applications) 
1. Intemational applications formulated by individuals or corporate bodies with residence or head 
office in Portugal shall be filed at the Portuguese Institute of Industrial Property if no priority of an 
earlier patent application filed in Portugal is claimed. 
2. Under the circumstances specified in the preceding number, the Portuguese Institute of 
Industrial Property shall act as receiving office. in accordance with articles 2.xv) and 10 of the 
Patent Cooperation Treaty. 
3. Any intemational application filed at the Portuguese Institute of Industrial Property. acting as 
receiving office. shall be subject to payment of a transmittal fee equivalent to 50010 of the fee fu.~ a 
Portuguese national application. as well as the fees stipulated in the Patent Cooperation Treaty. 
4. Payment of the transmittal fee shall be effected within one month after the date an which the 
international application is received. 
5. International applications filed at the Portuguese Institute of Industrial Property. acting as 
receiving office. may be drawn up in French. English or German. 
6. International applications shall be accompanied by a Portuguese translation of the 
specification. claims and abstract and a copy of the drawings included in them even if they do not 
contain wording to be translated. unless the international application claims the priority of an 
earlier patent filed in Portugal for the same invention. 
ARTICLE 88 
(Designated or elected office) 
The Portuguese Institute of Industrial Property shall act as designated and elected office. in 
accordance with article 2 of the Patent Cooperation Treaty, in the case of international 
applications intended to protect an invention in Portugal, whenever these applications do not have 
the same effects as a European patent application. ARTICLE 89 IP IN I lIMACII/ 1 
Page 33 
(Effects of international applications] 
International applications for which the Portuguese Institute of Industrial Property acts as 
designated and elec-...ed office. in accordance with the terms of the preceding article. shall have the 
same effects in Portugal as a Portuguese patent: application filed on the date of the international 
application. 
ARTICLE 90 
[Time limit to file the translation of the international application] 
1 . If an applicant wishes an international application to be prosecuted in Portugal. he shall file a 
Portuguese translation of the international application at the Portuguese Institute of Industrial 
Property within the time limit established in article 22 and article 39. number 1 of the Patent 
Cooperation Treaty. according to the case. and within the same time limit shall pay the fee 
corresponding to a Portuguese national application. 
2. The applicant shall pay within this time limit the annual fee due for the third annuity if this fee 
is due earlier. 
3. If the applicant does not fulfil the requirements of number 1 within the time limit indicated 
therein. he may still do so not later than two months after the expiration of that time limit by paying 
an additional fee of 5CJl1o of the fee for a Portuguese national patent application. whether there are 
one or two acts outstanding. 
ARTICLE 91 
(Rights conferred by published international applications] 
1. International patent applications. as from publication in accordance with article 21 of the 
Patent Cooperation Treaty. shall enjoy in Portugal provisional protection equivalent to that which 
is conferred by the publication of Portuguese national patent applications. as from the date on 
which a Portuguese translation of the claims is made accessible to the public at the Portuguese 
Institute of Industrial Property. together with a copy of the drawings even if they do not contain any 
warding to be translated. 
2. The Portuguese Institute of InduStrial Property shall publish notice of the indications necessary 
for identification of the international patent application in the Portuguese Industrial Property 
Bulletin. 
3. As from the date of publication of the notice. any person may have access to the text of the 
translation and obtain reproductions thereof. 
ARTICLE 92 
(International applications containing independent inventions) 
1. If part of an international application was not subject: to an international search or a preliminary 
interr:tational examination because it was ascertained that the application contained independent 
inventions and that the applicant had not paid within the specified time limit the additional fee IP/N/l/MAC/If1 
Page 34 
stipulated in the Patent Cooperation Treaty. the Por-..uguese Institute of Industrial Property shall 
~...xamine the grounds far the decision not to carry out the search or examination in respect of 
the application in question. 
2. If the Portuguese Institute of Industrial Property considers the decision to be unfounded. the 
corresponding provisions of the Portuguese Indusuial Property Code shall apply to the application. 
3. If the Portuguese Institute of Industrial Property considers that the decision is well-founded, 
the part of the application that was not subject to a search or examination shall be deemed to have 
been withdrawn at ti}e Institute. unless the applicant. within one month after the notification to be 
made. requests the division of the application in accordance with the terms of the present Code 
governing divisional patents. 
4. The fees corresponding to Portuguese national patent applications shall be due for each 
divisional application. in accordance with the provisions of the Portuguese Industrial Property 
Code. 
SECTlON III 
Effects of the patent 
ARllCLE93 
(Scope of protection. Reversal of the burden of proof] 
1. The scope of the protection conferred by the patent shall be determined by the contents of the 
claims and the specification and drawings shall be used to interpret them. 
2. If the subject-matter of the patent relates to a process, the rights conferred by the patent shall 
extend to the products directly obtained by the patented process. 
3. If the subject-matter of the patent is a process far manufacturing a new product, the same 
product manufactured by a third party shall be considered to have been manufactured using the 
patented process, unless proven otherwise. 
ARllCLE94 
[Term of the patent) 
The term of the patent shall be 20 years as from the date of the respective application. 
ARllCLE95 
(Indication of the patent) 
During the term of the patent the patentee may use on the products the words 'Patenteado' 
["Patented"), "Patente n2." ("Patent n.") or "Pat n2.". ARllCLE 96 
(Rights conferred by a patent] IP/N/l/MAC/lfl 
Page 35 
1. A patent shall confer the exclusive right to work the invention in any part of Portuguese 
terriC:Ory. 
2. A patent shall also confer on the proprietor the right to prohibit third parties tram 
manufacturing. offering. stocking. trading or working a patented product without his consent, or 
imparting or taking possession thereof for any of the purposes mentioned. 
3. The patentee may appose any acts that constitute infringement of his patent. even ff such aC'..s 
are based on another patent with a later date of priority. without having to attack the certificates 
or request the annulment of the patents against which he exercises this right. 
4. The rights conferred by a patent shall not exceed the scope defined by the claims. 
ARTlCLE 97 
(Private use) 
The protection conferred by a patent shall not include private use with no commercial purpose. 
ARllCLE98 
(Limitation of the rights conferred by a patent) 
The rights conferred by a patent shall not cover: 
a) The preparation of medicines made instantly and far individual cases in pharmacy 
laboratories by means of a prescription. or acts related to medicines prepared in this way. 
~ J Acts carried out exclusively for testing or experimental purposes; 
c] Use on board of ships tram other Member States of the Union of Paris Convention for the 
Protection of Industrial Property of the subject-matter of the patented invention, in the body 
of the ship. the machinery. masts, equipment or other accessories. when such ships 
temporarily or accidentally enter Portuguese waters. provided that the subject-matter in 
question is exclusively used for the purposes of the ship; 
d) Use of the subject-matter of the patented invention in the construction or operation of air 
or land transport vehicles tram other Member States of the Union of Paris Convention for the 
Protection of Industrial Property or accessories for these vehicles. if they temporarily or 
accidentally enter the territory of a contracting State. 
e) The acts specified in article 27 of the Convention of 7th December 1944 concerning 
intemational civil aviation. if such acts relate to aircraft which belong to another State but are 
governed by the provisions of the aforementioned article. IP/NI 1 IMACIII 1 
Page 36 
ARTICLE 99 
(Scope of the right) 
The rights conferred by a patent shall not include acts in connection with the patented products 
after they have been put on the market in the European Community. by the patentee or with his 
express consent. 
ARTICLE 100 
(Non-op posa bility1 
1 . The rights conferred by a patent cannot oppose any person who in good faith. in Portuguese 
territory and before the date of the application or the date of priority. if claimed: 
a ) Took knowledge of the invention through his own means; 
bl Used the invention or took effective and serious steps towards such use. 
2. This provision shall not apply if the party in question takes knowledge of the invention through 
illicit acts or acts contrary to morality used against the patentee. 
3. The burden of proof shall lie with parties invoking the situations specified in number 1. 
4. Earlier use or preparations made to this end based an the information mentioned in article 52. 
paragraph al shall not prejudice good faith. 
5. The cases provided for in number 1 include the right to continue or begin to use the invention 
to the extent of previous knowledge thereof for the needs of th'e company of the party in question. 
but this right may only be assigned together with the commercial establishment where the 
invention is used. 
ARTICLE 101 
(Legal monopoly system1 
1. When a patent is granted far an invention the subject matter of which constitutes a legal 
monopoly. the monopolist may only work the invention with the consent of the patentee. but he shall 
be obliged to use in his industry the inventions which involve a notable technical advance for such 
industry. obtaining the corresponding right to work the invention. 
2. The obligation stipulated in the preceding number may be voluntarily fulfilled on the initiative 
of the monopolist, the patentee or the Portuguese Public Prosecutor. 
3. The amount to be paid to the patentee shall be fixed by an agreement between the parties or 
by a judicial decision. 
4. Patents the subject-matter of which is no~ worked due to an impediment resulting from the 
existence of a legal monopoly shall not require annuic..cs to be paid. SECTION IV 
Conditions of use 
ARTICLE 102 
(Lass of a patent] lP/N/l/MAC/lfl 
Page 37 
1. A person may be legally deprived of a patent an account of commitments made with other 
persons or if the patent is expropriated far a public purpose. 
2. The Portuguese State may. far a public purpose and on payment of an indemnity. expropriate 
any patent should it become necessary to make the invention accessible to the public or should its 
use by public bodies so require. 
3. The terms of the Portuguese Expropriation Code. duly adapted. shall be applicable. 
ARTICLE 103 
(Compulsory working] 
1. The patentee shall be required to work the patented invention. either directly or thro,ugh a 
person he shall authorise. by means of its execution in Portuguese territory and the marketing of 
the results obtained in such a way as to satisfy the needs of the national market. 
2. Working shall begin within three years after the date of publication in the Portuguese Industrial 
Property Bulletin of notice of the grant of the patent, but never later than four years after the date 
of the filing of the patent application. . 
3. For the purposes of the working of the patented invention by means of its exploitation. any 
territory belonging to the European Community shall be considered as equivalent to Portuguese 
territory. 
4. Without prejudice to the provisions of the preceding number. the marketing in Portuguese 
territory of objects or products manufactured abroad shall not constitute the working of the 
invention. 
ARTICLE 104 
(Certificate of working] 
1. The patentee may prove the working of the patent befare the Portuguese Institute of Industrial 
Property by means of an official certificate issued by the competent body in each case. 
2. The certificate of working shall only be issued if actual manufacturing has been verified at the 
industrial !::remises where the invention is being worked and if the subject-matter of the invention 
is actuall'j neing marketed. 
3. The certificate shall be issued within three months from the date on which it was requested 
and shall expressly mention that the patent is being worked. 
4. Th e certificate of working shall be recorded an the patent file at the Portuguese Institute of 
Indus_trial Property. IP/NIlIMACIII 1 
Page 38 
5. Once the working of the patent: has been proven before the Por..uguese Institute of Industrial 
Property by means of the appropriate certificate, it shall be presumed that the patent is being 
worked in compliance with the stipulations of article 103. unless proven CJti1erNise. 
ARTICLE 105 
(Compulsory licences] 
1 . Compulsory licences may be required against a specific patent in any of the following cases: 
a] Non-working or insufficient working of the patented invention; 
b] Far export needs; 
c] Oependency between patents; 
d] Far reasons of public interest. 
2. Any patentee who ceases to work the invention for a period of three consecutive years, without 
just reason or legal grounds, may also be required to grant a licence to work the invention. 
3. Compulsory licence applications shall be examined in the order that they are filed at the 
Portuguese Institute of Industrial Property. 
4. While the compulsory licence is in force. the patentee cannot be compel/ed to grant another 
licence before the previous one has been cancelled. 
5. A compulsory licence may only be assigned. even in the farm of a sublicence, with the part of 
the company or establishment that works it. 
6. Importation by the licensee of the patented product, even if it is obtained by a different process, 
shall determine the cancellation of the respective licence. 
ARTICLE 106 
(Insufficient production of the subject-matter of the patent] 
If the export market is not adequately supplied due to the insufficient production of the 
subject-matter of the patent and if this causes serious losses to Portugal's economic or 
technological development, the Govemment may, by decree, submit the patent to the system of 
compulsol"j licences. exclusively in order to meet the unsatisfied export needs. 
ARTICLE 107 
(Dependent licences] 
1. If it is not passible to work an invention protected by a patent without infringing the rights 
conferTed by an earlier patent, the proprietor of the later patent may at any time request the grant 
of a compulsol"j licence against the earlier patent, provided that his invention is used for different 
industrial purposes or represents a considerable technical advance in relation to the 
subject-matter of the first patent. IP/N/I/MAC/I/I 
Page 39 
2. If inventions covered by dependent patents are used for the same industrial purposes and a 
compulsory licence is granted in favour of the proprietor of the dependent patent, the proprietor 
of the earlier patent may also request the grant ~f a compulsory licence against the later patent. 
3. If the subject-mattsr of an invention is a process for the preparation of a chemical, 
pharmaceutical or food product protected by a patent that is in farce and if this process patent 
represents a considerable techniwl advance in relation to the earlier patent, both the proprietor 
of the process patent and the proprietor of the product patent shall have the right to request a 
compulsory licence against the patent of the other proprietor. 
4. Compulsory licences in respect of dependent patents may only be granted if it is ascertained 
that the licence is indispensable and such licence shall only be granted far the part necessary far 
the working of the later invention. 
ARTlCLE 108 
(Public interest] 
1 . For reasons of public interest the patentee may be compel/ed to grant a licence to work the 
respective invention. 
2. Reasons of public interest shall be considered to exist if the start. increase or generalisation 
of the working of the invention or the improvement of the conditions in which such working is 
carried out are of great importance CO public health or national defence. 
3. Reasons of public interest shall also be considered CO exist if failure to work the invention or 
insufficient working as regards quality or quantity cause serious damage to Portugal's economic 
or technological development. 
4. The Portuguese Government shall be competent to grant a licence far reasons of public 
interest, and shall assess the prosecution of the licence application and give 8 decision on it by 
decree. 
ARTlCLE 109 
(Non-exclusive licence] 
Compulsory licences shall be non-exciusive and shall be applied for at the Portuguese Institute of 
Industrial Property. The licens;e applicant shall provide evidence giving grounds for the licence 
application. 
ARTICLE 110 
(Application for the grant of a compulsory licence) 
1. Once the period stipulate(~ in article 103, number 2 has expired, any person may request the 
grant of a compulsory licence against a patent if, without just reason, at the time of thE.. ~Iing of the 
licence application, the working of the patented invention has not yet begun or no effective and 
serious preparations have been made for this working or if such working has been interrupted for 
more than three consecutive years. IP IN 11 IMACII/ 1 
Page 40 
2. Objective difficulties of a technical or legal nature that make the working of the invention 
impossible or insufficient shall be considered as just reasons. irrespec~ive of the wishes and 
situation of the patentee. but economic or financial difficulties shall not be considered as such. 
ARTICLE 111 
(Application for mediation 
by the Portuguese Institute of Industrial Property] 
1. Before applying far a compulsory licence. the interested party may request the mediation of 
the Portuguese Institute of Industrial Property in order to obtain a contractual licence against the 
patent. 
2. A fee shall be paid in respect of the application for prior mediation. which shall contain the 
following elements: 
aJ Full identification of the applicant; 
b] The patent to which the request refers as well as identification of the title thereof, 
cl Circumstances that have occurred and may justify the grant of a compulsory licence; 
d] Scope of the licence desired and grounds therefor; 
el Data allowing a decision CO be taken regarding the ability of the applicant to effect the actual 
and effective working of the patented invention and CO· make the reasonable guarantees 
required by the patentee for the grant of a licence. 
3. The application for mediation shall be made by means of a request drawn up on the 
appropriate printed form and accompanied by the following elements in duplicate: 
aJ Documents justifying the contents of the application for mediation; 
b] Document attesting CO the provision ofa deposit the amount of which shall be fixed regularly 
and shall be used to meet the procedural costs to be borne by the applicant for mediation. 
ARTICLE 112 
(Acceptance by the Institute to mediate] 
1. Once the application for mediation has been filed. the Portuguese Institute of Industrial 
Property shall decide upon possible mediation within one month. 
2. The Portuguese Institute of Industrial Property shall accept mediation if the examination of the 
application for mediation. the accompanying documents and the investigations carried out by the 
Institute itself give a reasonable indication that 
a] There are circumstances susceptible of giving rise to the grant of compulsory licences 
against the patent:; 
b] The applicant for mediation can afford the funds or means necessary to seriously work the 
patented invention. IP/N/l/MAC/lfl 
Page 41 
3. The Portuguese Institute of Industrial Property shall notify the applicant for mediation and the 
patentee of its decision and shall send the latter a copy of the application for mediation. 
4. An appeal cannot be filed against the decision mentioned in the preceding number. 
ARTICLE 113 
(Mediation procedurel 
1 . Once mediation has been accepted. the Portuguese Institute of Industrial Property shall invite 
the interested parties to open negotiations for the grant of a contractual licence. the Institute 
participating in its capacity as mediator. 
2. The negotiations shall be of a duration up to two months as from the date of the invitation. 
3. The Portuguese Institute of Industrial Property. as mediator. shall make evert effort to bring 
together the positions of the interested parties and facilitate the securing of a contractual licence. 
4. From the time that mediation is accepted and during the negotiation period. the Portuguese 
Institute of Industrial Property shall make any investigations necessary for an understanding of the 
case and the assessment of the positions of the interested parties. assessing in particular 
whether there are circumstances that justify the grant of a compulsory licence. 
5. The investigation procedure mentioned in the preceding number shall take place whatever the 
course of the negotiations. even if they are unsuccessful or have not begun: 
6. If no agreement concerning the contractual licence is reached on the expirt of the period 
mentioned in number 2. the Portuguese Institute of Industrial Property shall consider its role as 
mediator and investigator to have ended and shall notify the interested parties accordingly. 
7. The t:\No-month period may be extended for a specific period at the joint request of the parties. 
provided that the POroJguese Institute of Industrial Property considers that the ,extension may be 
used effectively for securing the grant of the licence. 
8. If the Portuguese Institute of Industrial Property decides that there is no passibility of reaching 
an agreement. it may consider its mediation to have ended even if the extended period has not 
expired. 
9. The mediation file may only be consulted by the parties, who may request copies of all the 
documents. 
10. The parties and employees of the Institute having access to the file shall keep its contents a 
secret. 
ARTlCLE 114 
(Agreement between the parties) 
1 . If, as a result of the negotiations mediated by the Institute, the parties agree to the grant of a 
licence against the patent. they may request that no compulsory licence applications be accepted 
in respect of such patent during the period necessart for the licensee to begin working the patent. 
2. The period mentioned in the preceding number may never exceed one year. 
3. The request mentioned in number 1 may only be granted if the following requirements are met IP/N/l/MAC/Ifl 
Page 42 
al The parties shall have agrsed upon an exclusive licence. which shall not frustrate the 
objectives of the grant of compulsory licences against the patent; 
bj Documentary evidence shall have been provided showing that the licensee has the means 
necessary to work the patent and that the period requested is essential far such working to 
begin; 
cl The interssted parties shall have guaranteed that they can accept liability if the working of 
the invention is not begun within the stipulated time limit; 
dl The fee established by law shall have been paid. 
4. Takjng account of the dOOJmentation filed by the interested parties and once the investigations 
and consultations deemed appropriate have been made, the Portuguese Institute of Industrial 
Property may suspend the filing of compulsory licence applications in respect of the patent in 
question for a fixed period. if it is considered that. under the circumstances. the parties seriously 
wish to start working the patented invention as quicldy as possible. 
5. Suspension shall be recorded at the Portuguese Institute of Industrial Property. 
6. The interested parties shall submit monthly reports on the steps being taken to begin working 
the invention and the Portuguese Institute of Industrial Property shall order any inspections 
deemed appropriate. 
7. The Institute may revoke the suspension of the filing of compulsory licence applications if it 
considers that it has been proven that an error was made in the assessment of the circumstances 
giving grounds for its decision. or if the interssted parties do. not make serious and continuous 
efforts to begin working the invention within the period foreseen. 
ARTlCLE 115 
(Compulsory licence grant procedure) 
1. Three months after the expiry of the period mentioned in article 103. number 2 or after 
decision of the Portuguese Institute of Industrial Property not to accept the mediation proposed. 
or after the end of the mediation period. if the parties have not reached an agreement. the Institute 
may be requested to grant a compulsory licence to work the patent. 
2. In the compulsory licence application subject to the payment of the fee stipulated by law, the 
interested party. based on the elements contained in the file on the prior mediation procedure. if 
applicable. and any possible docc:-nents produced. shall substantiate its request. setting fo:r.h and 
giving proof of the alleged grounds for the licence application. namely: 
al The interest in the working of the patent; 
b 1 The means intended to be used to carry out the aC'"..ual and effective 'Norkjng of the patented 
invention; 
cl The guarantees that can be given if the licence is granted. 
3. The compulsory licence application shall be accompanied by the following elements: 
al Documents which attest to the allegations made in the licence application and do not 
appear in the file on the possible prior mediation; IP/NI1 IMACIII1 
Page 43 
b J Document attesting to the provision of a deposit the amount of which shall be fixed at a 
general rate and shall be used to meet the procedural costs to be borne by the licence 
applicant; 
cJ Copy of the licence application and the documents filed. 
ARTICLE 116 
(Reply] 
1. Once the compulsory licence application has been filed in accordance with the provisions of 
the preceding article. the Portuguese Institute of Industrial Property shall open a tile containing the 
documents concerning possible prior mediation and shall send a copy of the licence application 
and accompanying documents to the patentee in order that he may file a reply, if he so desires. 
within a period up to one month. 
2. If the compulsory licence application is filed together with a document attesting that the 
Institute did not accept prior mediation. the period in which the patentee may reply shall be two 
months. 
3. The reply shall take into consideration the contents of the file on prior mediation. if applicable. 
and it shall be accompanied by evidence giving grounds for the allegations which are made therein 
and do not appear in the aforementioned file. 
4. A copy of the reply shall be attached to the file to be sent to the applicant of the compulsory 
licence. 
5. If insufficient working of the patented invention is invoked. the patentee shall include in his reply 
material concerning this working together with proof thereof. 
ARTICLE 117 
(Grant or refusal of the licence] 
1. Once the reply has been received. the Portuguese Institute of Industrial Property shall send it 
to the licence applicant and within one month shall grant or refuse the compulsory licence. 
2. If no replies are filed on the expiry of the period stipulated in the preceding number the 
Portuguese Institute of Industrial Property shall immediately grant the licence. 
3. The grant decision shall determine all the contents of the licence and shall stipulate the scope 
of the licensing. rights. duration. guarantees that the licensee shall make. when working of the 
invention is to begin and any other clauses ensuring the serious and effective working of the 
patented invention. 
4. The decision of grant or refusal shall stipulate the costs to be borne by each of the parties, the 
joint costs being payable in equal parts. 
5. If it is concluded that one of the parties acted without just grounds or in bad faith. this party 
alone shall bear all costs. 
6. The decision of grant or refusal given by the Portuguese Institute of Industrial Property may be 
referred to appeal in accordance with article 38. IP/NIl/MACIII 1 
Page 44 
7. The filing of an appeal shall not have a suspensive effect. 
8. If a licence is granted. the Portuguese Institute of Industrial Property may authorise the 
licensee to postpone. by means of a request. the start of the working of the invention until the 
appeal has been the subject of a decision res judicata. 
ARTlCLE 118 
(Suspension of the proceedings) 
1. Once the compulsory licence application has been filed. the Portuguese Institute of Industrial 
Property may take any action which it considers appropriate and which may be relevant to the 
respective decision. 
2. At the duly justified joint request of the licence applicant and the pateritse. the Portuguese 
Institute of Industrial Property may at any time and only once suspend the proceedings for a period 
up to three months. at whatsver stage they may be. 
3. After the suspension period. the Portuguese Institute of Industrial Property shall notify tile 
parties and continue with the proceedings. 
ARTlCLE 119 
(Notification of grant or refusal to the parties) 
The grant of the licence and the respective conditions of working or the refusal thereof shall be 
communicated to both parties by the Portuguese Institute of Industrial Property. 
SECTlONV 
Termination of the patent 
ARTlCLE 120 
(Invalidity) 
1. As well as the cases stipulatsd in article 32. a patent shall be rendered null and void: 
a) If its subject",atter does not meet the requirements of novelty. inventive step and industrial 
application: 
b] If tile heading or title given to the invention covers different subject-matter; 
cl If its subject-me: -' ---:Jt described in such a way as to enable it to be car-:,""·I -. ..:: by tilose 
skilled in the art 
2. One or more affected claims may be dedared null and void or annulled. but the partial invalidity 
of a single claim cannot be declared. ARTICLE 121 
(Lapse) IP/NIlIMACIII 1 
Page 45 
As well as the cases stipulated in article 36. a patent shall lapse under the following 
circumstances: 
a) Non-working or insufficient working of the invention over a period of two years fol/owing the 
grant of the first compulsof"oJ licence as a result of non-working; 
b) Non-working or insufficient working of the invention irrespective of whether or not a 
compulsory licence has been granted. if the patentee is not covered by the terms of the Paris 
Convention. 
CHAPTER 11 
UTJUTY MODELS 
SECTION I 
General provisions 
ARTICLE 122 
(Subject of the model) 
1. New inventions which involve an inventive step and are susceptible of industrial application may 
be protected as utility models if they consist of giving an object a shape. structure, mechanism or 
layout which increases its utility or improves its conditions of use. 
2. In particular. utensils, instruments, tools, apparatus, devices or parts thereof, vessels and 
other objects which meet the requirements of the preceding number may be protected as utility 
models. 
ARTICLE 123 
[Exceptions to protection) 
Process inventions and objects falling under the scope of articles 48 and 49 shall not be protected 
as utility models. 
ARTICLE 124 
(Employees' rights. Inventor's rights) 
The provisions of articles 54 and 55 shall apply to utility models. IP/N/l/MAC/lfl 
Page 46 
ARTlCLE 125 
(Priori~ rightl 
1. Any person who has duly filed in any of the countries of the Union an applicacion for a utility 
model, patent:, utility certificate or inventor's certificate, or his successor, shall enjoy, far the 
purpose of filing a utility model application in Portugal. the right of priority established in the Union 
of Paris Convention far the Protection of Industrial Property. 
2. The provisions of numbers 2 to 9 of article 56 shall apply to utility models. 
ARTlCLE 126 
(Provisions applicable! 
In the absence of provisions expressly applicable to utility models the provisions established far 
patents far inventions shall apply. provided that they are not incompatible with ucility model 
particularities. 
SECTlON 11 
Utility model procedure 
ARTICLE 127 
(National route. Provisions applicable] 
1. The provisions of articles 57, 58, 61 to 68 and 70 shall apply to utility model applications. 
2. The time limit stipulated in article 63, number 2 shall here be 12 months as from the date of 
the filing of the specification and drawings. 
ARllCLE 128 
(International route. Provisions applicable] 
With the exception of the provisions governing fees, the provisions of articles 86 to 92 shall apply 
to utility models. 
1. The model shall be refused: ARTlCLE 129 
(Grounds for refusal] 
a) If its subject comes under any of the situations mentioned in articles 48 and 49; 
b J If the heading or title of the madel fraudulently covers a different subject, or if there are any 
differences between the specification and drawings and the respective duplicates; JP IN I lIMAC/I/l 
Page 47 
cl If the specification is drawn up in ambiguous or confusing terms, or if the invention is not 
explained in such a way that it may be worked by any person skilled in the art:; 
dJ If, by virtue of its specification and claims, it is considered to be a pacent for invention or an 
industrial model; 
eJ If it is found that the provisions of article 124 have been infringed. 
2. In the case provided for in paragraph eJ of the preceding number, inscead of the model being 
refused, its total or partial assignment to the interested party may be granced. if he so requests. 
SECTION III 
Effects of the utility model 
ARTICLE 130 
(Scope of protectionJ 
The scope of protection conferred by the model shall be determined by the contents of the claims 
and the specification and drawings shall be used to interpret them. 
ARTICLE 131 
(Term) 
The term of the utility model shall be 15 years as from the date of the respective application. 
ARTICLE 132 
(Indication of the model] 
During the term of the model its proprietor may use on the products the words "Registado" 
("Registered"], "Modelo de utilidade n2• " ("Utility model n. ") or the abbreviation "M. U. n2• ". 
ARTICLE 133 
(Rights conferred by tf-)e model) 
Articles 96, 97, 99 and 100 shall be applicable, with the necessary adaptations. lP/N/l/MAC/Ifl 
Page 48 
SECTION N 
Conditions of use 
ARTICLE 134 
(Loss of the model) 
The provisions of article 102 shall be applicable. with the necessary adaptations. 
ARTICLE 135 
(Compulsory licence] 
1. The proprietor of the utility model shall be required to work the registered model, either 
directly or through a person he shall authorise, by means of its exploitation in Portuguese territory 
in such a way as to satisfy the needs of the national market. 
2. Proprietors of utility models who, without just reason or legal grounds, fail to work the model 
either directly or through a licence agreement in any part of Portuguese territory or fail to do so 
in such a way as to satisfy national needs, for a period of four years after the filing of the application 
or three years after the grant of the model, whichever is the longer period, may be compelled to 
grant a licence to work the utility model. 
3. Compulsory licsnces shall be non-exclusive and shall be applied for at the Portuguese Institute 
of Industrial Property. The licence applicant shall provide evidence giving grounds for the licence 
application. 
4. When the Portuguese Institute of Industrial Property receives a compulsory licence 
application. the proprietor of the utility model shall be notified in order that, within two months, he 
may.make any observations and provide the respective evidence. 
5. The Portuguese Institute of Industrial Property shall assess the allegations made by the parties 
and the guarantees of the working of the invention furnished by the applicant of the compulsory 
licence and shall decide whether or not the licence shall be granted. 
6. If the compulsory licence application is accepted, both parties shall be notified to name an 
expert who, together with an expert named by the Portuguese Institute of Industrial Property, shall 
discuss the conditions of the compulsory licsncs and the compensation to be paid to the proprietor 
of the utility model. 
7. Any proprietor who ceases to work the model far 2 period of three consecutive years and 
without just reason or legal grounds may also be compeiled to grant a licence. 
8. In the case of two or more compulsory licencs applications, they shall be examined in the same 
order that they are filed at the Portuguese Institute of Industrial Property. 
9. While the compulsory licence is in force, the proprietor of the model cannot be compel/ed to 
grant another licence before the previous one has been cancelled. 
10. The importation or sale in Portuguese territory of objects or products manufactured abroad 
shall not constitute working of the utility model. IP IN I lIMACII/ 1 
Page 49 
11. A compulsory licence may only be assigned, even in the farm of a sublicence, with the part of 
the company or establishment that works it. 
12. Importation by the licensee of the product protected by the model, even if it is obtained by a 
different process, shall determine the cancellation of the respective licence. 
13. Compulsory licences may also be cancelled if the licensee does not work the utility model in 
such a way as to satisfy national needs. 
ARTlCLE 136 
(Appeal against the decision to grant or refuse a licence] 
1. The grant or refusal of a licence and the respective conditions of working shall be 
communicated to both parties by the Portuguese Institute of Industrial Property. 
2. Under the provisions of artide 38 onwards, an appeal may be filed against the decision of the 
Portuguese Institute of Industrial Property to grant or refuse a licence, or simply against the 
conditions under which such licence was granted. within three months after the notification 
mentioned in this article. 
3. The grant decision shall only take effect after it has become res judicata and has been 
recorded at the Portuguese Institute of Industrial Property. where the respective fees shall be paid 
in the same way as with an ordinary licence. 
4. An extract of the record mentioned in the preceding number shall be published in the 
Portuguese Industrial Property Bulletin. 
SECTION V 
Termination of the utility model 
ARTlCLE 137 
(Invalidity] 
1. As well as the cases stipulated in article 32, a utility model shall be rendered null and void: 
al If the heading or title given to the invention covers a different subject; 
b) If the subject of the model is not described in such a way as to enable it to be worked by 
those skilled in the art. 
2. One or more affected claims may be dedared null and void or annulled, but the partial invalidity 
of a single claim cannot be declared. IP IN I lIMAC/I/l 
Page 50 
ARTICLE 138 
(Lapse) 
As well as the cases stipulated in article 36, a utility model shaH lapse under the following 
circumstances: 
a} Non-working or insufficient working of the model aver a period of two years following the 
grant of the first compulsory licence as a result of non-working; 
b] Non-working or insufficient working of the model irrespective of whether or not a 
compulsory licence has been granted. if the proprietor of the model is not covered by the 
terms of the Paris Convention. 
CHAPTER III 
INDUSTRIAl MODELS AND DESIGNS 
SECTION I 
General provisions 
ARTICLE 139 
(Subject of the model) 
1. The following ma~be protected as industrial models: moulds. shapes. pattarns. reliefs. dies 
and other objectS, used as types in the manufacture of an industrial product, to define its shape, 
structure or ornamentation . 
..... !_..T" 
2. For these models, only the geometric or ornamental shape shall be protected. 
ARTICLE 140 
(Subject of the design) 
The following may be protected as industrial designs: 
a) Figures, paintings, photographs, prints or any combination of lines. colours or lines and 
colours, whether ornamental or not, when 2 .• jJlied to a product for commercial purposes by 
any manual, mechanical or chemical process; 
b] Characters, types. typographical dies of any kind. printing plates in cardboard, metal or 
metal alloys and engravings in wood or any other material to be used in the typographical 
printing of lettars. numerals. musical notes or other signs. symbols, monograms. emblems, 
borders and fillets. ARTICLE 141 
(Subject of legal protection] IP/N/l/MAC/Ifl 
Page 51 
Legal protection shall only be conferred on new models or designs or. if they are not completely 
new, those that are new combinations of known elements. or different arrangements of elements 
that are already in use giving the respective objects a distinct general appearance. 
ARTICLE 142 
(Artistic works) 
1. The following shall not be considered as industrial models or designs: works of sculpture. 
architEctl.Jre and painting. prints. enamels. embroidery. photographs and purely artistic designs. 
2. The provisions of the preceding number shall not apply to reproductions made for industrial 
purposes by any processes that allow them to be easily copied in such a way that they lose the 
individuality characteristic of artistic works. 
ARTICLE 143 
(Exceptions to protection) 
The following may not be registered: 
a] Models or designs which are incapable of practical application or which cannot be 
manufactured; 
b) Models or designs the use of which would be against the law or contrary to public order or 
morality; 
c] Models or designs which are devoid of novelty. 
ARTICLE 144 
(Novelty) 
1. A model or design shall be considered as new if. before the date of the respective application. 
it was not disclosed in Portugal or elsewhere in such a way as to be understood and worked by 
persons skilled in the art 
2. The following shall not be considered as new: 
a] A model or design which. in Portugal or elsewhere. has already been the subject of an 
earlier registration. even if it is null and void or has lapsed; 
b) A model or design which has already been described in pub licatians in such a way as to be 
understood and worked by persons skilled in the art; 
cl A model or design which has been widely used or has come under public proprietnrship in 
any way whatsoever. JP IN 11 IMAC/I/l 
Page 52 
AAllCLE 145 
(NoC1-()pposable disclosures] 
1. The following shall not prejudice the novelty of the model or design: 
a] Communications made before scientific societies or professional technical associations 
or for the purpose of Portuguese or international competitions, exhibitions or fairs which are 
official or officially recognised in any country of the Union, if the respective application is filed 
in Portugal within six months; 
b] Disclosures resulting from evident abuse regarding the creator or his successor by any 
titJe, or from publications made unduly by the Portuguese Institute of Industrial Property. 
2. The provisions of paragraph a] of the preceding number shall only be applicable if the applicar.t 
dedares, when filing the application, that the invention was actually disclosed in accordance with 
the terms stipulated therein. 
ARllCLE 146 
(Right to the model] 
1. The right to the registration shall belong to the creator of the model or design or his successors 
in any title. 
2. If the creators of the model or design are two or mare in number, the right to file the 
application for registration shall belong to the group as a whole. 
ARTICLE 147 
(Employees' rights] 
1. Industrial modefs and designs created by private or State wage-€arners or employees as part 
of their duties sHall be considered to belong to the employer and shall be paid for by the respective 
salaries and. unless otherwise agreed. the models and designs cannot be filed or reproduced by 
such persons or in their name. under penalty of they are considered as usurpers or infringers. 
although they shall be entitled to be recognised as the creators of the industrial models or designs 
and have their names mentioned on the respective certificate. 
2. In cases other than those stipulated in the preceding number. if the model or design falls within 
the scope of the activity of the company. the latter shall be entitJed to assume proprietorship of the 
registration or to reserve the right to the exclusive or nOf'H:Xclusive working of the model or design. 
the acquisition of the registration and the right to apply far or acquire a foreign registration. 
3. In the case provided far in the preceding number. the creator shall be entitled to equitable 
remuneration. less the amount corresponding to any assistance supplied by the company in order 
to carry out the model or design. 
4. The creator shall inform the company of any applications that he has filed. within a period up 
to three months after the date that the model or design was considered as accomplished. 
5. Failure to meet the obligation mentioned in the preceding number on the part of the creator 
shall lead to the loss of his rights in this respect. IP/N/l/MAC/Ifl 
Page 53 
6. The company may exercise its rights within three months after receipt of the notification given 
by the creator. 
7. Acquisition of the right mentioned in the previous numbers shall be rendered null and void if 
remuneration is not paid in full within the specified period. 
8. If, in the event of numbers 2 and 3, the parties do not reach an agreement, the matter shall 
be resolved, in accordance with Decree-law nr 31/86 of 29th August 1986, by a co un: of 
arbitration comprising one arbitrator appointed by the company, another by the creator of the 
model or design and a third by agreement or, in default thereof, by the presiding judge of the coun: 
of appeal of the judicial district in which the worker normally carries out his duties. 
9. For the purposes of the previous numbers, models or designs for which applications are filed 
within one year after the date on which the creator leaves the company shall be considered as 
having been carried out during the performance of the contract. 
ARTlCLE 148 
(Creator's right! 
If the registration is not applied for directly in the name of the creator, he shall have the right to be 
designated as such in·the application and respective certificate. 
ARTICLE 149 
(Priority right! 
1 . Any person who has duly filed in any of the countries of the Union a utility model or industrial 
model or'design application, or his successor, shall enjoy, for the purpose of filing the application 
in Portugal, the right cif priority established in the Union of Paris Convention for: the Protection of 
Industrial Property .• 
2. The provisions of article 56, numbers 2 to 8 shall apply to industrial models and designs. 
SECTION 11 
Registration procedure 
ARTlCLE 150 
(Form of application) 
The provisions of article 57 shall apply, with the following modifications: 
a! The heading or title shall designate the object to be registered or the purpose for which it 
is intended, as the case may be; 
bl The novelty attributed to the industrial model or design shall be mentioned. IP/N/l/MAC/Ifl 
Page 54 
ARTlCLE 151 
(Documents to be filed] 
The documents stipulated in a decision given by the Minister responsible for the area of industry 
shall be attached to the application. 
ARTlCLE 152 
(Unity of the application) 
1. Applications may only be filed for a single registration and each model or design shall 
correspond to a different registration. 
2. Models or designs consisting of several parts all essential to farm a whole shaH be included 
in a single registration. 
3. Up to a maximum of ten models or designs may be induded in a single registration provided that 
the objects, although different. have the same use. 
4. The model of an abject and the design that will eventually be applied to it may be registered. 
5. Registered models and designs that have been enlarged or reduced to scale do not require 
a new registration. 
6. Differences in colour or material do not require separate registrations. 
ARTlCLE 153 
(Publication of the application and rights conferred] 
1. When the application is filed at the Portuguese Institute of Industrial Property, the Institute 
shall proceed with Jile examination and classification thereof. 
2. Following the examination a report containing the examiner's opinion shall be drawn up. 
3. If the application fulfils the legal requirements stipulated, notice thereof shall be published in 
the Portuguese Industrial Property Bulletin together with a reproduction of the industrial model 
or design. 
4. Notwithstanding the provisions of the following number, the notice mentioned in the preceding 
number shall not be published before the end of the twelfth month after the date on which the 
application was filed at the Portuguese Institute of Industrial Property, or after the date of the 
priority claimed. 
5. Publication may be brought forward at the express request of the applicant. 
6. After publication, any person may request a copy of the corresponding drawings or 
photographs. 
7. The provisions of article 62, numbers 6 to 8 shall apply to industrial model and design 
applications, with the necessary adaptations. ARTlCLE 154 
(Examination report) IP/NII/MACIII 1 
Page 55 
1 . If the application does not meet the legal requirements stipulated, the examination report shall 
be sent to the applicant. with notification to rectify the irregularities and submit the outstanding 
elements within two months. 
2. If the examiner decides from the applicant's reply that the application can be granted, he shall 
propose the publication of the respective notice in the Portuguese Industrial Property Bulletin. 
3. If the applicant does not reply to the notification or if the reply is considered insufficient by the 
examiner, he shall propose the refusal of the application and the publication of the respective 
notice in the Portuguese Industrial Property Bulletin. 
ARTlCLE 155 
(Partial grant] 
1. If the examiner only requires the amendment of the title or heading or, in the specific case of 
industrial models or designs applied for under article 152, number 3, the elimination of certain 
objects in accordance with the notification. and if the applicant does not voluntarily proceed with 
these modifications, the examiner may effect them and therefore propose the grant of the 
respective model or design. 
2. If the examiner proposes the grant of the model or design. the respective notices to be 
published in the PortUguese Industrial Property' Bulletin shall in~icate possible amendments to the 
heading or eliminated objects. 
3. Partial grant shall be such that the refused part does not exceed the scope of the observations 
made in the examination report. 
ARTlCLE 156 
(Oppositions] 
1 . The notices stating that the industrial model or design can be granted shall be published in the 
Portuguese Industrial Property' Bulletin so that those who consider themselves prejudiced may file 
oppositions. 
2. The oppositions shall be filed within two months after the date of publication of the Bulletin 
containing the notice. 
ARTICLE 157 
(Publication) 
The provisions of article 67 shall be applicable, with the necessary adaf-itations. IP/N/l/MAC/lfl 
Page 56 
ARTlCLE 158 
(Grounds for refusal) 
1. Registration shall be refused: 
aJ If it is intended for objects that are expressly declared as unable to be proteC"'..ed; 
bJ If it is found that there is already an earlier model or design registration that may be 
confused with the application; 
cJ If the registration is designed to obtain the protection granted to a registered trademark. 
in the event that it is not possible to obtain the respective registration by virtue of the grounds 
far refusal stipulated far this category, or if the model or design is already included in a 
trademark registered in the name of another far an identical or similar product; 
dl If, by virtue of the specification, the model is considered to be a patent for invention or a 
utilicy model; 
eJ If it is found that the terms of article 147 have been infringed. 
2.ln the case provided far in paragraph e] of the preceding number, instead of the registration 
being refused, its total or partial assignment to the interested party may be granted, if he so 
requests. 
ARTICLE 159 
(Notification of grant to the applicant} 
1. The applicant shall be notified of the grant of the registration, indicating the 8ulletin in which 
notice thereof is to be published. 
2. In order to maincqin the validity of the registration, the proprietor shall pay the respective fees. 
SECTION /11 
Effects of registration 
ARTICLE 160 
(Term) 
The term of the registration shall be 25 years as from the date of the respective application. 
ARTICLE 161 
(Indication of the model or design) 
During the term of the registration the proprietorship may use an the products the wards 
·Registadoft (·Registered"}, ·Modelo industrial n2.ft' (ftlndustrial model n."'}, ·Oesenho industrial 
n2, ., (·Industrial design n,ft'} or the abbreviations "M,L n2, ., or ftO.L n2,ft', far models and designs 
respectively. ARTICLE 162 IP/N/l/MAC/I/l 
Page 57 
[Rights conferred by a registration) 
1. A registration shall confer the right to exclusive use in any part of Portuguese territory, for the 
production, manufacture. sale or working of the object of the registration under the obligation to 
do so as a matter of fact and in accordance with the needs of the Portuguese economy. 
2. The provisions of article 96, numbers 2 and 3, article 97, article 98, paragraphs b) to d), 
article 99 and article 100 shall be applicable. with the necessary adaptations. 
ARTICLE 163 
(Inalterability of models and designs) 
1 . During !:he term of a registration. the model or design shall remain unaltered under penalty 
of cancellation. 
2. Any alteration to the essential elements of models and designs shall always require a new 
registration. 
SECTION IV 
Invalidity of the registration 
ARTICLE 164 
(Invalidity) 
1. As well as the c(J5es stipulated in article 32. a registration shall be rendered null and void: 
a) If the industrial model or design does not meet the requirements of novelty; 
b) If ttnffieading or title given to the model or design covers a different subject. 
2. The registration of one or more objects induded under the same registration may be declared 
null and void or annulled, but the partial invalidity of the registration in respect of a single object 
cannot be declared. IP/N/l/MAC/I/l 
Page 58 
CHAPTERN 
TRADEMARKS 
SECllON I 
General provisions 
SU8SECTlON I 
Product or service marks 
ARTlCLE 165 
(Composition of a trademark] 
1. A trademark may consist of a sign or set of signs which are capable of being represented 
graphically, namely words, including personal names, designs, letters, numerals. sounds, the 
shape of the product or its packaging. and which are capable of distinguishing the products or 
services of one company from those of other companies. 
2. Trademarks may also consist of advertising slogans for products or seNices, irrespective of 
copyright. provided that they have distinctive character. 
AATlCLE 166 
(Exceptions] 
1 . The following do flat meet the requirements of the preceding article: 
a J Signs tha~ consist exclusively of the shape resulting from the nature of the product itself. 
the sha,paol the product necessary for obtaining a technical result or the shape that gives the 
product its own substantial value; 
b 1 Signs or indications that may be used commercially to designate the kind. quality. quantity, 
purpose, value. geographical origin. the time of production of the product or of rendering of the 
seNice. or other characteristics thereof, 
cl Signs or indications that have become customary in current language or in bona fide and 
established commercial practices; 
d) Colours. except when they are combined together or with graphics. wording or other 
elements in a particular and distinctive manner. 
2. The generic elements mentioned in paragraphs bl and cl of the preceding number that 
constitute part of the trademark shall not be fur the exclusive use of the applicant,_:"l!ess the signs 
have acquired in commercial practice distinctive character. ARTICLE 167 IP/N/l/MAC/I/1 
Page 59 
(Proprietorship of the trademark and exclusive rights thereto) 
1. Any person who adopts a particular trademark to distinguish the products or services of an 
economic or professiona! activity, shall enjoy proprietorship of the trademark and exclusive rights 
thereto provided that legal stipulations. particularly those relating to registration. are complied 
with. 
2. The Portuguese State may also enjoy proprietDrship of and exclusive rights to the trademarks 
that it uses provided that legal provisions are complied with. 
ARTICLE 168 
[Right to the registration) 
The right to the registration shall belong to any person having a legitimate interest therein. namely: 
a) Industrials or manufacturers, to designate the products of their manufacture; 
b I Traders, to designate the products of their trade; 
cl Farmers and cat:tJemen, to designate products of agriculture, cat:tJe breeding and. in 
general, any agricultural, zootechnic, forestry or extractive exploitation; 
d] Craftsmen, to designate the products of their craft, trade or profession; 
e] Any person who provides services, to designate the respective activity. 
ARTlCLE 169 
(E.xtension of the right to the registration) 
The agent or representative of the proprietor of a trademark in the countries' of the Union may 
apply for its regi'stration with the authorisation of the proprietor. 
ARTICLE 170 
[Priority right] 
1. Any person who has duly filed an application for registration of a trademark. either in person 
or through a legal representative. in any country of the Union or at any intergovemmental body 
competent to register trademarks having effect in any of the countries of the Union. shall enjoy, for 
the purpose of filing the same application in Portugal. the right of priority established by the Union 
of Paris Convention for the Protection of Industrial Property. 
2. Any application that is a regular national application, drawn up in accordance with the national 
law of each country of the Union or bilateral or multilateral treaties between Member States. shall 
enjoy the right of priority. 
3. A regular national application shall mean any application effected in such a way as to establish 
the date on which it was filed in the country in question or at the competent intergovernmental 
body, irrespective of anything that may subsequently affect it in any way. IP/NIl/MACIII 1 
Page 60 
4. Thus, a~ application subsequentI,y filed i~ P0r-:..ug~1 before the end of the period of priority may 
not be Invalidated by events occurring durmg thiS tJme, namely by other applications. use of the 
trademark or any act carried out by third parties. 
ARTICLE 171 
(Unregistered trademark) 
1 . Afly person who uses a free or unregiS"l.Sred trademark for a period not exceeding six months 
shall enjoy. during this period. a right of priority for effecting the registration thereof and may 
oppose applications filed by others during such period. 
2. The authenticity of documents filed as proof of this right of priority shall be freely examined, 
except in the case of authentic deeds. 
SUBSECTION" 
Collect..~e marks 
ARTlCLE 172 
(Definition of a collective mark) 
1. A collective mark shall be understood to be an association mark or a certification mark. 
2. Signs or indications used commercially to designate the geographical origin of products or 
sef'Jices may constitute collective marks. 
3. The registration of a collective mark shall also give its proprietor the right to contre! ~he 
marketing of the'respective products. on the terms stipulated by law or in statutes. 
ARTICLE 173 
(Association mark) 
An association mark is a specific sign belonging to an association of natural or legal persons whose 
members use or have the intention of using the sign for products or services. 
ARTICLE 174 
(Certification mark] 
1. A certification mark is a specific sign belonging to a corporate body that controls the products 
or sef'Jices or establishes the regulations that they must comply with. 
2. Such sign is to be used in respect of products or services which are subject to the 
aforementioned control or for which the regulations were established. ARTICLE 175 JP IN I 1/MACII/ 1 
Page 61 
(Right to the registration of collective marks] 
1. The right to the registration of collective marks shall belong to: 
a) Corporata bodies that have been legally grantad or attributsd a guarantee or certification 
mark and may apply it to specific and determined qualities of the products or services; 
b] Corporate bodies that oversee, control or certify economic activities, to designate the 
products of these activities or products that come from certain regions, according to their 
uses and within the terms of the respective statutas or charters. 
2. The corporata bodies mentioned in paragraph bJ of the preceding number shall arrange for 
the inc!usion, in the respective charters or their statutes, of provisions indicating the persons who 
are entitled to use the mark. the conditions under which it shall be used and the rights and 
obligations of the interested parties in the event of usurpation or infringement. 
3. Alterations to the charters or statutes that mOdify the system governing the collective mark 
shall be communicated within one month to the Portuguese InstittJta of Industrial Property by the 
management of the body that owns the mark. 
ARTlCLE 176 
(Provisions applicable to collective marks) 
The provisions of this Code covering product and service marks shall apply to collective marks, with 
the necessary adaptations. 
SUBSECTION III 
Base marks 
ARTICLE 177 
(Definition of a base mark] 
A base mark is a mark that identifies the commercial or industrial origin of a series of products or 
services produced by a multi-activity company or a group of companies. 
ARTlCLE 178 
[Right to the registration] 
1. The right to the registration or a base mark shall belong to the multi-activity company or the 
group of companies that use it or intend to use it for their products or services. 
2. The bodies mentioned in the preceding number shall arrange for the inc!usion in the respective 
statutes of provisions relating to the right to use the mark. the conditions under which it shall be 
used and the rights and obligations of users in the event of usurpation or infringement. IP IN I lIMAC/I/l 
Page 62 
3. Decisions that modify the system governing base marks shall be communicated within one 
month to the Portuguese Institute of Industrial Property by the management of the body that owns 
the mark. 
ARTICLE 179 
(Use of base marks] 
Base marks may only be used when accompanied by a specific mark pertaining to each product 
or service. 
ARTICLE 180 
(Provisions applicable to base marks] 
The provisions of this Code covering product and service marks shall apply to base marks. wrt1 the 
necessary adaptations. 
SECllON 11 
Registration procedure 
SUBSECllON I 
National registration 
ARTICLE 181 
(Applications] 
1. Applications for registration of trademarks shall be made by a request. drawn up in 
Portuguese on the appropriate printed form, containing or indicating: 
a] The applicant's name. trade name or company name. nationality and residence or place 
of business; 
bl The products or services covered by the trademark. grouped in accordance with the 
classes of the International Classification and specified using accurate terms. preferably the 
terms appearing in the alphabetical list contained in the aforementioned classification; 
cl Express mention that the mark is a collective or base mark; 
d] Express mention that the mark is a three-dimensional or sound mark; 
eJ The registration number of any award reproducad or mentioned in the trademark; 
fl The colours used in the trademark. if they are claimed as a distinctive element; 
g] Graphic representation of the sounds or pieces of music contained in the trademark; IP/N/1/MAClIIl 
Page 63 
hJ tf the applicant wishes to claim the right of priority, the country, daes and number of the first 
application; 
il Two graphic rsprssentations of the trademark. if passible a photocopy or drawing, prinesd 
or glued in the spece provided an the application form; 
j] Whether the trademark is industrial or commerCial, if the applicant so desirss. 
2. Applications far collective or base marks shall also indicate the legal or statutory provisions 
governing their use. 
3. The application shall be signed by the applicant or his legal representative. 
ARTICLE 182 
(Elements accompanying the application) 
1. The following documents, in duplicate, shall be attached to the application and shall meet the 
requirements stipulated by a decision of the Minister responsible for the area of industry. 
al Two graphic representations of the trademark; 
b] A photoprint or any other support; 
c) Authorisation of the proprietor of the foreign trademark for which the applicant is the 'agent 
or representative in Portugal; 
d) Authorisation of any person other than the applicant whose name, trade name, company 
name. emblem or picture appears in the trademark; 
e) Authorisation for the inclusion in the trademark of any flags, coats of arms. shields. 
escutcheons or emblems belonging to the State. municipalities or other Portuguese or foreign 
public or private bodies. badges, stamps or seals. being official, fiscal or of guarantee, private 
emblems or the iame of the Red Cross or other si@lar organisations; . . 
f) Oiplomas:eanferring any honour or other distinction that are mentioned or reproduced in 
the traderri~rk and are not to be considered as awards in accordance with the exprsss 
concept contained in the fol/owing chapter; 
g) Certificate issued by the competent register attesting to the right to include in the 
trademark the name of or any reference to a particular urban or rural property and the 
authorisation of the proprietor to do so, if he is not the applicant:; 
h) Authorisation of the proprietor of an earlier registration and, if applicable, of the holder of 
an exclusive licence provided that the contract does not stipulate otherwise. for the purposes 
of article 189, number 2. 
2. If the elements mentioned in paragraphs c] to h) are not filed, the priority of the application 
shall not be lost. 
If the trademark contains inscriptions in little-known characters, the applicant shall file a 
transliteration thereof and. if possible, a translation of t..l8 inscriptions. IP/NIlIMACIII 1 
Page 64 
ARTICLE 183 
(Language to be used for the wording of trademarks! 
1. Wording included in trademarks shall be in Portuguese. 
2. Any term having the general appearance of a Portuguese word shall be considered as being 
worded in Portuguese. 
3. The terms of this article shall not. however, prevent the use of Latin words. 
4. The terms of this article and its numbers shall not apply to: 
aJ Trademarks to be used simultaneously in Porrugal and abroad. which may be worded in any 
language; 
bJ Internationally registered trademarks and trademarks whose applicants are not resident 
or established in Portugal. 
5. Any person wishing to benefit from the provisions of paragraph aJ of the preceding number 
shaH, within a nonextended period of 12 months after the date of the application filed in Portugal, 
present proof of having applied for the same registration in any other Member State of the Paris 
Convention, under penalty of the refusal or lapse of the registration. 
ARTICLE 184 
(Unity of registration] 
The same trademark designating the same product or service may only be the subject of one 
registratipn. 
ARTICLE 185 
(Publication of the application! 
1. Notice of the filing of the application indicating the cfassification of the trademark shall be 
published in the Portuguese Industrial Property Bulletin so that those who consider themselves 
prejudiced by the possible grant of the registration may file oppositions. 
2. It shall be the responsibility of the Portuguese Institute of Industrial Property to check the 
classification of the products and services in the respective cfasses, in accordance with the Nice 
Agreement. and to carry out any corrections required. 
ARTICLE 186 
(Oppositions] 
Opposrt:.ions shall be filed within two m':',1ths after the date of publication of the Bulletin containing 
the application. ARTICLE 187 IP/N/1/MAClIll 
Page 65 
(Subsequent formalities in the procedurel 
1 . On the expiry of the opposition time limit or once the opposition proceedings have ended. an 
examination of the application shall be made by the Por-..uguese Institute of Industrial Property. 
consisting mainly and compulsory of the examination of the trademark under application. 
comparing it with trademarks registered for the same product or seNice or similar or like 
produC'..s or seNices. after which an opinion shall be given on the tile and it shall be submitted for 
decision. which may be the grant. refusal or provisional refusal of the registration. 
2. The decision shall be given within 18 months after the date of publication of the Portuguese 
Industrial Property Bulletin containing the application. 
3. Registration shall be granted if the examination does not reveal any grounds for refusal and 
any oppositions filed are considered to be groundless. 
4. Registration shall be refused if it is considered that the opposition is well founded. 
5. Registration shall be provisionally refused if the examination reveals grounds for refusal and 
any oppositions filed are considered to be groundless. 
6. The applicant shall be notified immediately of the provisional refusal. 
7. The applicant shall reply to the notice of provisional refusal within two months. otherwise the 
refusal shall automatically become final. 
8. If. in view of the applicant's reply. the Portuguese Institute of Industrial Property considers that 
the refusal is groundless or that the objections raised have been rectified. a decision shall be given 
within 90 days after the filing of the reply. without prejudice to the provisions of article 11, 
number.7. 
9. If, in the light of t;he applicant's reply, there is no alteration in the assessment already made, 
the provisional refusal shall become final. . 
10. The time lirplt stipulated in number 7 may be extended once for the same period by a decision 
of the President of the Portuguese Institute of Industrial Property. 
11. The applicant shall be notified of the final decision of grant or refusal, indicating the Bulletin in 
which notice thereof is to be published. 
ARTICLE 188 
(Grounds for the refusal of a registration] 
1 . Registration of trademarks shall be refused: 
al If they consist of signs unable to be gra~~ically represented; 
bl If they consist exclusively"of signs or indications mentioned in article 166, number 1; 
cl If it is found that the provisions of article 169 have been infringed. 
2. In the case provided for in paragraph cl of the preceding number, instead of the registration 
being refused, its total or partial assignment to the proprietor may be granted. IT he so requests. IP IN 11 IMAC/I/ 1 
Page 66 
3. Registration of a trademark consisting exclusively of signs or indications mentioned in article 
166, number 1, paragraphs bJ and cJ shall noe be refused if the trademark has acquired distinc:Ne 
character. 
ART1CLE 189 
(Other grounds for refusal) 
1. Registration shall also be refused in the case of trademarks which violate the provisions of 
articles 165, 168 and 183 or which, in any or all of their elements, contain: 
al Rags, coats of arms, shields and other emblems belonging to the State, municipalities or 
other Portuguese or foreign public bodies, without the respective authorisation; 
bl Badges, stamps or seals, being official. fiscal or of guarantee. in respect of trademarks 
intended for products or serv;css identical or similar to those to which they are applied, unless 
authorisation is obtained; 
cl Heraldic insignia or escutcheons. medals, decorations. surnames, titles and distinctions 
of honour to which the applicant has no right or. when he has the right. if disrespect or 
discredit of a similar sign is caused; 
d) The emblem or name of the Red Cross or other Qodies to which the Portuguese 
Government has granted the exclusive right to their use, unless special authorisation is 
obtained; 
el Fancy medals or designs liable to be confused with official decorations or medals and 
aW<;1rds conferred at official meetings and exhibitions; 
f1 A trade name, company name or name or emblem of establishment which does not belong 
to the applica9t of the registration or which he is not authorised to use, or merely the 
characteri~tic part thereof, if it is liable to mislead or confuse consumers; • 
g] P~rson'~1 names or pictures without the consent of the persons concerned or, if deceased, 
their heirs or relatives to the fourth degree or, when consent is obtained, if disrespect or 
discredit of such persons is caused; 
h] Signs that infringe copyrights or industrial property rights; 
iJ Signs with symbolic meaning, namely religious symbols, unless authorisation is obtained; 
j) Expressions or figures that are contrary to morality or against Portuguese or Community 
law or public order; 
I] Signs that are liable to mislead the public. namely as to the kind, qualities, purpose or 
geographical origin of the product or service designated by the trademark 
ml A reproduction or imitation as a whale or in part of a trademark previously registered by 
another, for the same product or service or a similar or like product or service, which may 
mislead or confuse consumers. 
2. In order to obtain the grant of the registration of a trademark which is confusingly similar to 
a previously registered trademark and which would not mislead the public as to the quality of the 
product or ser.Jice, it is necessary to obtain the authorisation of the proprietor of such registration IP IN I lIMAClIIl 
Page 67 
and. if applicable. the holder of an exc!usive licence. provided that the respective contract does not 
stipulate otherwise. 
ARllCLE 190 
(Protection of well-known trademarks) 
1. Registration shall be refused in the case of trademarks which constituts. as a whale or 
essentially. the reproduction. imitation or translation of another trademark well known in Portugal 
to belong to a national of any of the Member States of the Union, if it is applied to identical or similar 
products or services and is confusingly similar to such trademark. 
2. Parties interested in the refusal of the registrations mentioned in the preceding number may 
only intervene in the respective proceedings after they have filed an application for registration of 
the trademark giving rise to and grounds for such interest. 
ARTICLE 191 
(Protection of trademarks of high renown) 
Without prejudice to the provisions of the preceding article. registration shall also be refused· if the 
trademark. even if it designates products or services which are not similar, is graphically or 
phonetically identical or similar to an earlier trademark enjoying high renown in Portugal or the 
European Community and whenever use of the later trademark unjustly intends to derive undue 
benefit from the distinctive character or prestige of the trademark or may prejudice these aspects. 
ARllCLE 192 
(Partial refusal) 
When there are groundS for the refusal of a registration in respect of only some of the products 
or services iachided in the application. refusal shall cover these products or services only. 
ARllCLE 193 
(Concept of imitation] 
1. A registered trademark shall be considered as being imitated or usurped by another 
trademark, as a whole or in part, when the following circumstances occur simultaneously: 
a) If the registered trademark has priority. 
b) If the trademarks are intended to designate identical products or services or products or 
services with obvious affinity. 
cJ If they display graphic. figurative or phonetic similarity that i, :iable to easily mislead or 
confuse consumers or cause a risk of association with a previously registered trademark. so 
that consumers would only be able to distinguish the DNO trademarks by means of a careful 
examination or comparison thereof. 
2. Partial imitation or usurpation of a trademark may comprise the use of a particular fancy 
expression forming part of a trademark previously registered by another or merely the external IP/NII/MACIII 1 
Page 68 
appearance of the packaging or wrapping, with th~ respective colours and layout of wording, 
medals or awards, so that persons who are unable to Interpret them cannot distinguish them from 
others adoptad by holders of legitimately used trademarks, particularly those of international 
prestige or repute. 
ARTlCLE 194 
(Special rsgistration process) 
1. The applicant of a trademark regiS'"Jation of Portuguese nationality or with residence or place 
of business in Portugal who, in accordance with the terms of the Madrid Agreement concerning 
the international registration of trademarks and its Protocol. when ratified by Portugal. wishes to 
protect the same trademark in the States which are party or came to be party to this Agreement 
or Protocol. shall request in the application the early examination thereof. 
2. These applications shall be published in the Portuguese Industrial Property Bulletin as urgently 
as possible in a special section and the Portuguese Institute of Industrial Property shall examine 
the applications and give a decision thereon taking into account the period of priority. 
3. As from the publication of the Bulletin containing the application. there shall be a one-month 
period during which oppositions may be filed by those who consider themselves prsiudiced by the 
possible grant of the registration. 
4. If the application is totally granted, the applicant shall proceed with the corresponding 
international application within one month after the date of the decision. 
5. If the international application is not filed within this time limit. the Portuguese national 
registration shall lapse. 
6. If the application is partially granted, the applicant may proceed with the international 
application in respeci of the products protected, observing the provisions of numbers 4 and 5, or 
request that the application be republished in full in the Portuguese Industrial Property Bulletin, 
I followed b.y-the procedural stipulations of article 185, number 1 and article 186, remaining 
unaffected, the priorities to which the applicant is entitled. 
7. tf it is considered that the application cannot be granted. the applicant may request that it be 
republished in the Portuguese Industrial Property Bulletin, in accordance with the 
preceding number. 
8. The republication of the application provided for in numbers 6 and 7 shall be requested within 
two months otherwise the decision shall be revoked or the fii:: dosed. as the case may be. 
9. The final decision of grant or refusal shall be communicated to the applicant indicating the 
Bulletin in which notice thereof is to be published. 
ARTlCLE 195 
(Declaration of Intention to Use) 
1. Every five years, computed from the date of registration. except the years when renewal fees 
are due. a declaration of intention to use the trademark shall be filed at the Portuguese Institute 
of Industrial Property. without which it shall be presumed that the trademark is no longer in use. IP/N/l/MAC/I/l 
Page 69 
2. The declaration mentioned in the preceding paragraph shall be filed during the period of one 
year, which shall begin six months before and exp ire six months after the expiry of the respective 
five-year period. 
3. Trademarks for which no declaration is filed shall not be opposable to third parties and the 
lapse of the respective registration shall be declared at the request of any interested party or if 
third party rights are prejudiced during the grant proceedings in respect of other registrations. 
4. If the lapse of the registration is neither requested nor declared the registration shall once 
again be considered to be in force, on condition that the proprietor provides proof of use of the 
trademark. 
5. Even if proof of use of the trademarl< is not filed, renewal may be accepted, but the registration 
shall still be subject to the numbers 3 and 4. 
6. For international registrations, the time limit in which to file declarations of intention to use 
shall be computed from the date of the international registration. 
7. If an extension is granted after registration. this declaration cannot be required before the end 
of the fifth year after the date of the extension. 
SUBSECTlON 11 
International registration 
ARTlCLE 196 
(Right to the registration) 
1. The proprietor 09 a trademarl< registration of Portuguese nationality or with residence or place 
of business in PortUgal may, in accordance with the terms of the Madrid Agreement concerning 
the intemation 91 registration of trademarks. protect his trademark in the States which are pan:y 
or come tabe pan:y to this Agreement. 
2. The applicant of a trademarl< registration of Portuguese nationality or with residence or place 
of business in Portugal may, in accordance with the terms of the Protocol relating to the 
Agreement mentioned in the preceding number, when ratified by Portugal, protect his trademark 
in the States which are party or come to be party to this Protocol. 
ARTICLE 197 
(Application) 
International applications shall be drawn up on the appropriate printed farm and filed at the 
Portuguese Institute of Industrial Property, in accordance with the terms of the Agreement or the 
Protocol. IP/NIlIMACIII 1 
Page 70 
ARTICLE 198 
(Renunciation of the registration) 
The proprietor of an international registration may at any time renounce protection of his 
trademark. as a whole or in part. in one or more of the States where it is protected, by means of 
a simple declaration supplied to the Portuguese Institute of Industrial Property, to be 
communicated to the International Bureau. 
ARTICLE 199 
(Modifications to the registration) 
1. The Portuguese Institute of Industrial Property shall notify the International Bureau of any 
modifications to Portuguese national trademarks which may have an effect on the international 
registration. far the purposes of inclusion in the latter, publication and notification of the 
contracting States that have granted protection to the trademarks. 
2. Requests far the assignment of trademarks to persons withciut legal capacity to obtain an 
international registration shall be rejected. 
ARTICLE 200 
(Publication of the application) 
Notice of the application far protection in Portugal shall be published in the Portuguese Industrial 
Property Bulletin sa that those who consider themselves prejudiced by the possible grant of 
protection may file oppositions. 
ARTICLE 201 
(Oppositions] 
Oppositions shall be filed within two months after the date of publication of the Bulletin containing 
the notice. 
ARTICLE 202 
(Procedural formalities] 
1. The provisions of article 1B7, numbers 1 and 3 to 9 shall apply to international registrations. 
2. The subsequent steps in the procedure shall also be governed by the provisions that apply to 
Portuguese national registrations and the provisions of the Madrid Agreement and the Protocol. 
ARTICLE 203 
(Refusal of the registration] 
Protection of intemational registrations in Portuguese territory shall be refused in the event of any 
of the grounds for the refusal of Portuguese national registrations. SECTION III 
Effects of the registration 
AATlCLE 204 IP/N/1/MAC/If1 
Page 71 
(Legal presumption of the registration] 
Registration shall imply only legal presumption of the novelty or difference of the trademark in 
respect of previously registered trademarks. 
AATlCLE 205 
(Term of the registration] 
The term of the registration shall be ten years as from the date of the respective grant and shall 
be indefinitely renewable for equal periods of time. 
ARTlCLE 206 
(Indication of the registration] 
During the term of the registration. its proprietor may use on the products the words DMarca 
registada" ("Registered mark"]. the initials "M.R,", or simply the symbol"W or®. 
ARTICLE 207 
(Rights conferred by a registration] 
A registrati.9t1_s/iall confer upon its proprietor the right to prohibit third parties from using in t.1eir 
economic activity. without his consent, any sign which is identical or confusingly similar to his 
trademark in relation to products or services that are identical or similar to those for which the 
trademark is registered. or any sign which. due to the identity or similarity of the signs or the affinity 
between the products or services. creates in the mind of the consumer a risk of confusion which 
includes a risk of association between the sign and the trademark. 
AATlCLE 208 
(Scope of the right] 
1. The rights conferT€d by a registration shall not permit the proprietor to prohibit the use of the 
trademark far products marketed in the Community under the same trademark by the proprietor 
or with his consent. 
2. The provisions of the preceding number shall not be applicable whenever there are legitimate 
reasons for the proprietor to oppose further marketing of the products, namely if the condition of 
the products is modified or altered after they have been put on the market IP/N/l/MAC/If1 
Page 72 
ARTlCLE209 
(Limitation of the rights conferred by a registration) 
The right conferred by a registration shall not permit the proprietor to prohibit third parties from 
using any of the following in their economic activity. provided that such use is in accordance with 
honest practices and usage in industrial and commercial matters: 
al Their own name and address; 
bJ Indications concerning the kind. quality, quantity, purpose. value. geographical origin. the 
time of production of the product or of rendering of the seNice or any other characteristics 
.of the preducts er seNices; 
c} The trademark. where it is necessary to indicate the purpose of a product or service. 
namely as an additienal or complementary item. 
ARTlCLE 210 
(Inalterability .of trademarks J 
1. Trademarks shall remain unaltered and any change in their compenent elements shall require 
a new registratien. 
2. This article shall exclude simple modificatiens that do not prejudice the identity of the 
trademark and only affect its proportions. the material on which it is stamped. engraved or 
reproduced or the ink or colour. if the colour is not expressly cfai~ed as one of the characteristics 
of the trademark. 
3. The inclusion or elimination of the express indication of the product or seNice for which the 
trademark is intended . .or any modification concerning the residence or place where the pr.oprietor 
is established. shall Mt prejudice the identity of the trademark. 
4. Word marks' shall only be subject to the rules of inalterability as regards their comp.onent 
expressions-and'may be used with any device provided that it does not infringe third party rights. 
SECTlONN 
Assignment and licences 
ARTlCLE 211 
(Assignment] 
1. Conveyance of the establishment shall imply the assignment of the application or 
proprietorship of the trademark. unless otherwise stipulated. 
2. The application or proprietorship of a registered trademark may be assigned separately from 
the establishment, provided that this does not mislead the public as to the .origin of the product or 
service or the characters necessary for it to be understood. IP IN I lIMACII/ 1 
Page 73 
3. If the assignment is partial in respect of the products or services a copy of the file shall be 
requested, to be used as the basis for an independent registration, including the right to the 
certificate of registration. 
ARllCLE 212 
(limitations of the assignment] 
Trademarks registered in the name of bodies that oversee or control economic ac+'..ivities cannot 
be assigned, unless specially stipulated by law or in their statutes. 
ARllCLE213 
(licences] 
1. The proprietor of a registration may invoke the rights conferred by the registration against any 
licensee who infringes any of the clauses of the contract. in particular with respect to the period 
of validity, the constitution of the trademark. the kind of products or services for which the licence 
was granted, the delimitation of the area or territory or the quality of the products manufactured 
or services rendered by the licensee. 
2. An exclusive licence agreement may allow the licensee to grant sub licences. 
SECTlONV 
Termination of the trademark registration or rights derived therefrom 
ARTlCLE214 
(Annulment] 
1. As well as the cases stipulated in artide 33, the registration may be annulled if the beneficiary 
has no right to the registration, namely: 
a 1 tf the grant of the registration infringed provisions stipulating authorisation or consent and 
this has not been given; 
bJ If the registration wa's granted to the agent or representative of the proprietor of a 
trademark in one of the countries of the Union without the authorisation of such proprietor. 
2. Parties interested in the annulment of registrations based an article 190 shall apply for 
registration of the trademark an which the request for annulment is based. 
3. In the case provided for by number 1, paragraph b] the proprietor may request at the 
Portuguese Institute of Industrial Property the assignment of the r:' Jistration in his favour. instead 
of the annulment thereof. 
4. The registration cannot be annulled on the grounds mentioned in article 33, number 1, 
paragraph b] if the earlier trademark cited in apposition does not meet the requirements of 
serious use, in accordance with article 216, number 5. IP/N/l/MAC/If1 
Page 74 
5. Annulment actions may be brought within ten years after the date of the grant of the 
registration. without preiudice to the provisions set forth hereunder. 
6. There is no time limit in respect of the right to request the annulment: of a trademark 
registered in bad faith. 
ARTICLE 215 
(Umitation in consequence of acquiescence) 
1. Where the proprietor of a registered trademark has acquiesced, for a period of f.ve 
consecutive years, in the use of a later registered trademark while being aware of such use. he 
shall no longer be entitled on the basis of his earlier trademark, to request the annulment of the 
later trademark registration or oppose the use !:hereof in respect of the products and services far 
which the later trademark has been used, unless registration of the later trademark was effected 
in bad faith. 
2. The five-year period stipulated in the preceding number is for lapse and shall be computed 
from the time when the proprietor took knowledge or should have taken knowledge of the fact. 
3. The proprietor of the later registered trademark shall not be entitled to oppose the earlier 
right, even though the earlier right may no longer be invoked against the later trademark. 
ARTICLE 216 
(Lapse] 
1. As well as the cases stipulated in article 36, the registration shall lapse: 
a] If the trademark is not put to serious use over a period of five consecutive years. without 
just reason and .without prejudice to the provisions of numbers 5 to S; 
b) If the trademark is modified in such a way as to preiudice its identity. 
2. The registration shall also lapse if. after the date of registration: 
aJ The trademark becomes the usual designation in commerce for the product or service far 
which it was registered, as a result of the activity or inactivity of the proprietor; 
b) The trademark becomes liable to mislead the public. namely as to the kind. quality and 
geographical origin of the products or services, as a result of use thereof by the proprietor of 
the trademark or by a third party with the consent of the proprietor. far the products or 
services far which it was registered. 
3. A collective mark registration shall also lapse: 
a) If the corporate body in whose name the mark was registered ceases to exist; 
b] If such corporate body permits the mark to be used in a manner c ~traf)' to its general 
purposes or statutory provisions. 
4. A base mark registration shall lapse if the base mark is used without the specific mark. 
5. The' following shall be deemed to be serious use of the trademark 
a] Exportation of products or services; IP/NIlIMACIII 1 
Page 75 
b J Use of the trademark that differs from the form in which it was registered only in respect 
of elements which do not modify the distinctive character of the mark. 
6. Use with the consent of the proprietor shall be considered as use of a collec+"..ive mark. 
7. Use made by a qualified person shall be considered as use of a certification mark or a 
guarantee mark. 
8. The registration shall not lapse if serious use of the trademark has been started or resumed 
before the lapse action is filed. 
9. The commencement or resumption of use during the three months immediately preceding 
tile filing of the lapse action. as from the end of the uninterrupted five-year period of non-use. shall. 
however. be disregarded where preparations for the commencement or resumption of use occur 
only after the proprietor becomes aware that a lapse action may be filed. 
10. The period mentioned in number 1. paragraph al. shall commence upon registration of the 
trademark. which in the case of international trademarks shall be the date of registration at the 
International Bureau. 
11 . If there are grounds for the lapse of the registration in respect of only some of the products 
or services for which the registration was effected. cancellation shall only cover these products 
or services. 
CHAPTER V 
AWARDS 
SECTlON I 
General provisions 
ARTICLE 217 
(Registrable awards 1 
The following shall be considered as awards: 
a) Decorations of merit conferred by the Portuguese Govemment or by foreign governments; 
b) Medals, diplomas and prizes in money or of any other nature obtained at official or officially 
recognised exhibitions. fairs and competitions held in Portugal or abroad; 
c) Diplomas and certificates of analysis or commendation issued by Portuguese State 
departments or laboratories or other competent bodies; 
d) Titles of supplier to the Portuguese Head of State, Government or other Portuguese or 
foreign official establishments or organisations; 
e) Any other prizes or demonstrations of preference of an official character. IP/N/l/MAC/I/1 
Page 76 
ARTICLE 218 
(Conditions governing the indication of awards] 
1. Unregistered awards may not be added to any trademark or name or emblem of 
establishment. 
2. Awards may not be applied to products or services other than those for which they were 
conferred. 
ARllCLE 219 
(Proprietorship of awards) 
Awards of any kind granted to industrials. traders. farmers and other businessmen shall constitute 
their own property. 
SEC1l0N 11 
Registration procedure 
ARllCLE220 
(Application] 
Award applications shall be made by a request., drawn up in Portuguese on the appropriate printed 
form. indicating: 
a) The applicant's name. trade name or company name. nationality and residence or place 
of businesd; -.. 
b) The awards to be registered. the bodies that conferred them and the respective dates; 
c) The products or services in respect of which the awards were conferred; 
d) Name of establishment to which the award relates. as a whole or in part. 
ARTlCLE 221 
(Elements accompanying the application) 
1. The award application shall be accompanied by originals or certified photocopies of the 
diplomas or other documents attesting to the grant thereof. 
2. Proof of the grant of the award may also be provided by means of a duly legalised copy of the 
official publication in which the award was conferred or published, or merely the part necessary 
and sufficient for identification thereof. 
3. The Portuguese Institute of Industrial Property may request Portuguese translations of 
diplomas or other documents drawn up in foreign languages. IP/N/lIMAClIll 
Page 77 
4. Award registrations shall imply the prior registration of the name of establishment. 
5. Notice of the filing of the application and the respective decision shall be published in the 
Portuguese Industrial Property Bulletin. 
ARllCLE 222 
(Refusal of the registration] 
Registration of awards shall be refused: 
a] If, by their very nature, they do not come under any of the categories stipulated in the 
present statute; 
b] If it is proven that they have been applied to products or serJices other than those for which 
they were conferred; 
cl If proprietorship thereof is assigned without the establishment or respective part thereof; 
d] If it shown that the award has been revoked or does not belong to the applicant. 
ARllCLE 223 
(Return of documents] 
1. On the expiry of the time limite for appealing against the grant or refusal of the registration, the 
diplomas or other documents contained in the file shall be returned to the applicant upon request 
and shall be substituted in the file by certified photocopies. 
2. The return of documents to applicants shall be done by means of a receipt to be attached to 
the file. 
SECTION III 
Use and assignment 
ARllCLE 224 
(Indication of awards] 
The use of legitimately obtained awards shall be permitted without registration, but the term 
"Recompensa registada" (R Registered award "] or the abbreviations RR.R. -, -RW or RR may only 
be used with references thereto or copies thereof after such registration has been effected. 
ARllCLE 225 
[Legal fonnalities and record of the registration] 
Assignment of the proprietorship of awards shall be effected in accordance with the legal 
formalities required for the assignment of the property to which they relate. IP/NII/MACIII 1 
Page 78 
SECT10NV 
Termination of award registrations 
ARTICLE 226 
(Annulment] 
The registration may be annulled if the right to the award is annulled. 
ARTlCLE227 
(Lapse] 
1 . Registration shall lapse if the grant of the award is revoked or cancelled by any person having 
legal capacity to do sa. 
2. The lapse of the registration shall extinguish the right to use the award. 
CHAPTERVl 
NAMES AND EMBLEMS OF EST ABUSHMENT 
SECT10NI 
General provisions 
ARTICLE 228 
(Right to names and emblems] 
Arrt person having a legitimate interest, namely farmers industrials, breeders, traders and other 
businessmen resident or established in any part of Portuguese territory. shall have the right to 
adopt a name or emblem to designate or make known their establishment, in accordance with the 
provisions setforth hereunder. 
ARTICLE 229 
(Composition of names of establishment] 
Names of establishment may consist of: 
a) Fancy or specific designations; 
b) Historical names. with the exception of those the use of which would be detrimental or 
offensive to the esteem in which such names are generally held; IP IN I lIMAC/I/l 
Page 79 
cl The name of the property or premises of the establishment. when this is admissible or 
when accompanied by a distinctive element:; 
d] The name. trade name. company name. pseudonym or coined name of the proprietor. 
ARTlCLE 230 
(Composition of emblems of establishment] 
1. M emblem of establishment may consist of any external sign composed of figures or designs. 
alone or combined with the names or designations mentioned in the preceding article or other 
words or devices. provided that the whole constitutes a specific form or configuration as a 
distinctive and characteristic element. 
2. The ornamentation of frontages and the parts of shops. warehouses or factories exposed to 
the public. as well as the colours of a flag. may constitute emblems that perfectly distinguish the 
respective establishment. 
ARTlCLE 231 
(Exceptions to protection] 
1 . The following may not form pan: of names or emblems of establishment:; 
a} My personal name, trade name or company name that does not belong to the proprietor 
of the establishment, unless consent or the legitimate use thereof is proven; 
b 1 Expressions such as ftformer warehouse N. "former company-, "former factory" and other 
similar terms referring to an establishment whose name or emblem is registered in the name 
of another. unless the consent of the respective proprietor is proven; 
cl Expressions such as "former employee", "foriner proprietor", "former manager" and other 
similar terms referring to another individual person or corporate body, unless the consent of 
the la~rjs!proven; 
d] Indications of relationship and the terms NheirR
, NsuccessorN, "representative" or "agent" 
and other similar terms, unless the legitimate use thereof is proven; 
e] The contents of article 188. number 1 and article 189 in respect of trademarks; 
f) Elements constituting a ~demark or industrial model or design protected by another for 
products manufactured or sold in the establishment for which the name or emblem is 
intended; 
g] Names, designations, figures or designs that constitute a reproduction or imitation of a 
name or emblem already registered by another in Portuguese territory. 
h] Wards or phrases in a foreign language other than simple geographical designations. 
unless the establishr.-:ent belongs to nationals of the respective country; 
iJ Designations such as "national", "Portuguese', 4'luso", "Iusitanian" and other teNTlS with 
a similar meaning, if the establishment does not belong to an individual person or corporate 
body of Portuguese nationality. lP/N/l/MAC/lfl 
Page 80 
2. Authorisation to use names, symbols or other such elements shall be considered as 
assignable by legal succession, unless expressly restricted. 
3. The provision of number 1, paragraph g] shall not prevent two or mare persons with identical 
sumames from including them in the name or emblem of the respective establishment, provided 
that they are perfectly distinguishable. 
ARTICLE 232 
(Rights conferred by names and emblems] 
Propriertorship and exclusive use of names and emblems of establishment shall be guaranteed 
by their registration, without prejudice to the provisions of article 8 of the Paris Convention. 
SECTION 11 
Registration procedure 
ARllCLE 233 
(Name and emblem applicatio~s] 
1. Name of establishment applications shall be made by a request. drawn up in Portuguese, an 
the appropriate printed farm, indicating: 
a] The name, trade name or company name, nationality. residence and place of business of 
the proprietor; • / . , 
b] The name to be registered . 
..-.-~.-... "" 
2. Emblem of establishment applications shall be made by a request, drawn up in Portuguese, 
on the appropriate printed form, indicating: 
a] The name, trade name or company name. nationality. residence and place of business of 
the proprietor; 
b] Two graphic representations of the emblem, if passible a photocopy or drawing. printed or 
glued in the space provided on the application farm. 
3. Emblem registrations that include references to any awards shall require the latter to be 
registered. 
4. Registsred names or emblems may be used an other establishments by the same proprietor. 
with or without registration. ARTICLE 234 lP/N/1/MAC/If1 
Page 81 
(Elements accompanying the application] 
The following documents. in duplicate. shall be attached to the application and shall meet the 
requirements stipulated by a decision of the Minister responsible for the area of industry. 
a] Certificate issued by the land registry or any other document attesting that: the applicant 
is the legal proprietor of the establishment; 
b J Document attesting that the applicant owns the establishment if! fact ar)d not as a matter 
of form. unless the establishment: is an agricultural property; 
c] A photoprint or other support; 
d) Two graphic representations of the emblem; 
e) Documents attesting to any authorisation or justification required. 
ARTICLE 235 
(Publication of the application) 
Notice of the filing of the application shall be published in the Portuguese Industrial Property 
Bulletin so that those who consider themselves prejudiced by the possible grant of the registiation 
may File oppositions. 
ARTICLE 236 
(Opposition time limit) 
Oppositions shall be filed within two months from the date of publication of the Bulletin containing 
the application. 
ARTICLE 237 
(Subsequent formalities of the procedure) 
On the expiry of the opposition time limit or once the opposition proceedings have ended. the 
application shall be studied. whereby the name or emblem shall be examined and compared with 
names and emblems that have already been registered. after which an opinion shall be given on 
the File and it shall be submitted for decision. 
ARTICLE 238 
(Refusal of the registration) 
Registration of names or emblems that infringe any of the express prohibitions of article 231 shall 
be refused. IP/N/l/MAC/Vl 
Page 82 
ARTICLE 239 
(Modifications to names or emblems] 
Applications far registration of any modifications to names or emblems liable to prejudice the 
identity thereof shall be dealt with in accordance with the terms of the previous provisions. 
SECTION /11 
Use and assignment 
ARllCLE240 
(Indication of the name or emblem] 
During the term of the registration, the proprietor of the name or emblem has the right to add 
thereto the designation "Name registado· ("Registered name"] or "Insignia registada" 
("Regiscered emblem"!, the initials "N.R. 11 or "LR. • or simply "NR" or "IRn or NR or lA. 
AR1lCLE241 
(Inalterability of names and emblems! 
1 . During the term of the exclusive right and under penalty of lapse, the composition or form of 
names and emblems of establishment shall remain unmodified, but the materials of which they are 
made or to which they,are applied and their position on the establishment may be changed. 
2. The inalterability~f names and emblems shall not be affected by additions. elin-iinations or 
other modifications which simply concern the assignment of the proprietorship of the 
establishmerit:-a change of premises or any other legitimate cause. 
3. The inalterability of names shall also be subject to the provisions applicable to word marks 
under article 210, number 4. 
ARTICLE 242 
[fermI 
The tenn of the registration shall be 20 years as from the date of the respective grant and can be 
renewed indefinitely for equal periods of time. 
ARTlCLE 243 
(Record of assignment] 
Assignment of the proprietorship of names or emblems shall be effected in accordance with the 
legal formalities necessary far the assignment of the establishment to which they relate. ARTlCLE 244 
(Annulment) IP/NII/MACIII 1 
Page 83 
As well as the cases stipulated in art:ide 33, the registration may be annulled if in the grant thereof 
the provisions requiring authorisation or consent were infringed. 
ARTlCLE245 
(Lapse) 
As well as the cases stipulated in art:icle 36, name or emblem registrations shall lapse: 
aJ If the respective establishment is closed or goes into liquidation; 
b) If the name or emblem is not used over a period of five consecutive years; 
c) If the name or emblem is modified in such a way as to prejudice its identity. 
CHAPTER VII 
LOGOS 
ARTlCLE 246 
(Composition of logos) 
Compositions consisting of letters that mayor not be associated to drawings snail be considered 
as logos, provided that the whole constitutes a specific form or configuration as a distinctive and 
characterisEc_el~ment suitable for indicating any body that renders services or offers products. 
ARTICLE 247 
(Right to logos) 
Any public or private individual or collective body with legitimate interest shall be entitled to apply 
for the registration of a logo. 
ARTlCLE 248 
(Rules applicable) 
1. All the provisions of this Code applicc" .~ to emblems shall apply to logos with the necessary 
adaptations. IP/NIlIMACIII 1 
Page 84 
2. In order to prove the existence in fact and not as a mattsr of form of the body to be designated 
by the logo and justify the elements contained therein or the accompanying expressions. any 
suitable document may be used. 
CHAPTERVlII 
APPEUA TloNS OF ORIGIN 
AND GEOGRAPHlCAllNolCA T10NS 
SECTION I 
General provisions 
ARTlCLE249 
(Definition and proprietorship] 
1 . AA appellation of origin shall be considered to be the name of a region. a specific locality or in 
exceptional cases a country used to designate or identify the following types of products: 
a) Products originating from the region, specific locality or country in question; 
b] Products the quality or characteristics of which are essentially or exclusively due to the 
geographical environment, including natural and human factors, and the production. 
transformation arid creation of which are carried out in the demarcated geographical area. 
I 
2. Appellations 9f Clrigin may also include certain traditional designations. whether geographical 
or not. indicating a product which comes from a region or specific locality and which meets the 
requirements'~tipulated in paragraph b] of the preceding number. 
3. A geographical indication shall be considered to be the name of a region. a specific locality or 
in exceptional cases a country used to designate or identify the following types of produc.ts: 
a) Products originating from the region. specific locality or country in question; 
b] Products the reputation'. specific quality or other characteristics of which may be attributed 
to such geographical region and/ or the production. transformation and creation of which are 
carried out in the demarcated geographical area. 
4. An appellation of origin and geographical indication, when registered, shall constitute the 
common property of the residents or persons who are actually and seriously established in the 
locality region or territory and may be used indiscriminately h! persons who, in the respective 
area. work any field of characteristic production. 
5. The exercising of this right shall not depend on the extent of the working or the nature of the 
products. and the appellation of origin or geographical indication may thus be applied to any 
characteristic product originating from the locality. region or territory. under traditional and usual 
or du!y regulated conditions. ARTICLE 250 
(Regional demarcation] IP IN I lIMAC/IIl 
Page 85 
If the boundaries of the locality, region or territory to which a particular appellation or indication 
belongs have not been demarcated in a legal statute and if no other method has been provided for 
this purpose, the boundaries shall be declared by the officially recognised bodies responsible for 
the respective area and field of production, which shall take into consideration bona fide and 
established practices. in conjunction with the higher interests of national or regional economy. 
ARTICLE 251 
(Rights conferred by the registration] 
1. The appellation of origin or geographical indication registration shall confer the right: to 
prohibit: 
al The use by third parties, in the designation or presentation of a product, of any sort of 
indication or suggestion that the product in question originates from a geographical region 
other than the true place of origin in such a way as to mislead the public as to the geographical 
origin of the product; 
b) Any use that constitutes an act of unfair competition, within the terms of article 1 Obis of 
the Paris Convention (1967). 
2. Words constituting a legally defined. protected and monitored appellation of origin or 
geographical indication may not include in any form designations. tags, labels, advertisements or 
any other documents concerning products that do not originate from the respective demarcated 
regions. 
3. This prohibition shall be applicable even if the true origin of the produc-..s is mentioned or if the 
woros constituting ctie appellation or indication are accompanied by qualifiers such as -kind·, 
"type-, "quality-, "rival of", "superior to" or a specific indication of the region; this shall also apply 
to the use of any/expression. display or graphic combination liable to confuse the consumer. 
4. The terms of the previous numbers shall not prevent the seller from applying his name. 
address or trademark on the products originating from a region or country different from the one 
where the products are sold. However, in such cases the trademark. of the producer or 
manufacturer shall not be removed. lP/N/l/MAC/Ifl 
Page 86 
SECTION 11 
Registration procedure 
SUBSECTION I 
National registration 
AfITlCLE 252 
(Application and registration) 
1. Applications for appellations of origin or geographical indications shall be made by a request., 
drawn up in Portuguese an an appropriate printed form. indicating: 
a) The name of the individual persons or corporate bodies, public or private, with capacity to 
acquire the registration; 
b) The name of the product or products, including the appellation of origin or geographical 
indication; 
cl The traditional conditions or regulations for use of the appellation or the indication arid the 
boundaries of the respective locality, region or territory. 
2. Where applicable, the grant procedure shall be the same as for the registration of names of 
establishment. 
3. The certificate of registration shall be drawn up in the name of the applicant body. 
ARTICLE 253 
(Refusal of the registration) 
Registration oran appellation of origin or geographical indication shall be refused: 
a 1 If it was applied far by a party without legal capacity to acquire it:; 
bl If it cannot be considered as being an appellation or indication. in accordance with the 
terms of article 249; 
cl If it constitutes a rep~oduction or imitation of a previously registered appellation or 
indication; 
d] If it is liable to mislead the public, namely as to the nat:..;,-e, quality and geographical origin 
of the respective product; 
e] If it violates industrial property rights or copyright. is against the law, public order or 
morality or if it may encourage acts of unfair competition. 
SUBSECTION 11 
International registration ARTICLE 254 
(Application format] IP IN I lIMAClIIl 
Page 87 
1. The bodies mentioned in article 252, number 1, may only apply far international registrations 
for their appellations of origin in accordance with the provisions of the Usbon Agreement of 31 st 
October 1 958. 
2. Applications for intemational registrations shall befiled at tile Portuguese Institute of Industrial 
Property, in accordance with the provisions of the Usbon Agreement. 
3. The protection of appellations of origin registered under the Usbon Agreement shall be subject 
to the provisions goveming the protection of appellations of origin in Portugal, insofar as this does 
not violate the terms of the Agreement. 
SECTlON III 
Effects and cancellation of the registration 
ARTICLE 255 
rrerm of the registration] 
1. Appellations of origin and geographical indications shall pe of unlimited duration and the 
proprietorship thereof shall be protected by the application of the provisions against false 
indications of origin, irrespective of the registration and whether or not it forms part of a 
registered trademark. 
2. Ol:Jring the term oft'he registration, the following wording may be used on the products for which 
the respective use is authorised: 
a] NOenbi"riinat;:ao de origem registadaa (aRegistered appellation of origina]. aOenominaedo 
de origem protegidan (WProtected appellation of origin"), ·OOW or "Dopa; 
b) wlndicat;:ao geografica registada- ("Registered geographical indication-). "Indica<;ao 
geografica protegida- [WProtected geographical indication a). aIGR" or alGp·, 
ARTICLE 256 
(Lapse) 
1. A registration shall lapse at the re::Juest of any interested party if, by virtue of bona fide, 
traditional and established commercial practices, the appellation of origin or geographical 
indication becomes a simple generic designation for a manufacturing system or a particular type 
of product known exclusively by such appellation or indication. 
2. Wine products, medicinal mineral waters and other prOducts with a geographical appellation 
of origin covered by special protective and supervisory legislation in the respective country shall 
be exempt from the provisions of this article. IP/N/I/MAC/I/I 
Page 88 
PART III 
INFRINGeMENTS 
CHAPTER I 
INFRINGEMENTS AGAlNST INDUSTRIAl PROPERTY 
SECTION I 
General provisions 
ARTlClE257 
(Industrial property guarantees) 
Industrial property shall have the guarantees established under Portuguese law for property in 
general and shall be specially protected in accordance with the terms of the present statute and 
other laws and conventions in force. 
ARTlCLE258 
(Subsidiary right) 
The rules laid down in Decree-Law nr 28/84 of 2O:h Janual)' 1984 shall apply subsidiarily insofar 
as they do not violate the provisions of this Code. namely in respect of the criminal liability and 
liability for unlawful acts on the part of corporate bodies and liability incurred by acting in the name 
of another. 
AATlCLE259 
(Possibility of inspection) 
The inspection of products and services in defence of industrial property rights may be carried out 
at any stage and in all sectors of the production process, including the public sector. 
SECTlO["J 11 
Criminal offences 
ARTICLE 260 
(Unfair competition) 
Any person who commits an act of competition contrary to honest practices and usage in any field 
of activity, with the intention of causing damages to another or for the illegal benefit of himself or IP IN I lIMAC/I/l 
Page 89 
a third party. shall incur a prison sentence of up to three years or a fine accumulating for up to 360 
days. namely: 
al Acts liable to cause confusion with the establishment, products. services or credit of 
competitors. whatever the means employed; 
b] False statements made during the course of trade or industry. for the purpose of 
discrediting the establishment, products. services or reputation of competito~ 
cl Unauthorised statements or references made in respect of a name. establishment or 
trademark belonging to another; 
d] False indication of one's own credit or reputation as regards the capital or financial 
situation of the establishment, the nature or scope of its activities and business and the quality 
or quantity of its clientele; 
eJ Deceptive advertising and false specifications or indications in respect of the nature, quality 
and utility of products or merchandise; 
f) False indications of origin. locality. region or territory. factory. workshop. property or 
establishment. whatever the means employed; 
gl Use of registered appellations of origin or fancy names. when not in accordance with 
traditional. usual or statutory provisions; 
hI Suppression. concealment or modification. on the part of the seller or any intermediary. of 
the appellation of origin of the products or registered trademark of the producer or 
manufacturer on products which are intended for sale and the packaging of which has not 
been modified; 
iJ Illegal appropriation, use or disclosure of industry or trade secrets belonging to another. 
ARTICLE 261 
(Violation of the exclusive rights to the inventionJ 
A prison sentence of up to three y€ars or a fine accumulating for up to 360 days shall be incurred 
by any person who prejudices the patentee in the exercising of his rights. with the intention of 
causing damages to another or for the illegal benefit of himself or third parties. by: 
aJ Manufacturing. without a licence from the patentee. the articles or products protected by 
the patent; 
bJ Employing or applying. without such licence, the methods or processes protected by the 
patent.; 
cl Importing. selling. putting on sale or into circulation or concealing in bad faith products 
obtained in any of the ways mentioned above. IP IN 11 IMACII/l 
Page 90 
ARTICLE 262 
(Patsnt obtail!ed in badfaithJ 
1. Any person who. in bad faith, obtains the grant of a patent for an invention which does not 
legitimately belong to him or which does not differ essentially from another earlier invention shall 
incur a prison sentence of up to one year or a fine accumulating for up to 120 days. 
2. In the event of the circumstances of article 33, number 1, paragraph bJ. the court shall 
officially revoke the patent in the decision convicting the respective party of the crime stipulated 
in the present article. 
3. Any person who sells, puts on sale or conceals objects manufactured or obtained through the 
working of a patent conferred under the circumstances mentioned in number 1. in the know/edge 
thereof. shall incur a prison sentence of up to one year or a fine accumulating for up to 120 days. 
ARTICLE 263 
(Violation of the exclusive rights conferred by models and designsJ 
A prison sentence of up to three years or a fine accumulating for up to 360 days shall be incurred 
by any person who. obtaining illegal benefits or intentionally causing damages to another: 
a] Produces. manufactures or uses the object protected by a utilicy model without a licence 
from the proprietor thereof. 
b] Imparts. conceals. sells, puts on sale or puts into circul<;ltion the products obtained by the 
means indicated in the preceding paragraph: 
cl Reproduces or imitates an industrial model or design as a whole or in any of its 
characteristic el~ments without the consent of the proprietor thereof. 
d) Works, in,traduces into Portugal. sells, puts on sale or puts into circu{ation the objec...s 
protected by a reproduced or imitated model or design: 
e] Works a registered model or design belonging to another. 
ARTICLE 264 
[Counterfeiting. imitation and illegal use of trademarks] 
A prison sentence of up to two years or a fine accumulating for up to 240 days shall be incurred 
by any person who, with the intention of causing damages to another or for obtaining illegal 
benefits: 
a] Totally or partially counterfeits or in anyway reproduces a registered trademark. without 
the consent of the proprietor; 
b] Imitates a registered trademark. as a whole or in any of its characteristic elements: 
cl Uses counterfeit or imitated trademarks. 
d] Uses. infringes or imitates well-known trademarks or trademarks of high renown whose 
registration has been applied for in Portugal; 
eJ Displays on his products a registered trademark belonging to others; IP IN I lIMAC/I/ 1 
Page 91 
f) Uses his registered trademark on products belonging to others in such a way as to deceive 
the consumer as to the origin of the products. 
2. Any person who sells, puts on sale or puts into circulation products or artides with a 
trademark that is counterfeit. imitated or used under the circumstances mentioned in the 
preceding number, in the know/edge thereof, shall incur a prison sentence of up to one year or a 
fine accumulating for up to 120 day.:;. 
ARllCLE265 
(Preparatory acts) 
Any person who, with the intention of preparing to commit the acts mentioned in number 1 of the 
preceding article, manufactures, imports, acquires or keeps for himself or another signs that 
constitute registered trademarks shall incur a prison sentence of up to one year or a fine 
accumulating for up to 1 20 days. 
ARllCLE 266 
(Increased penalty1 
The penalties stipulated in articles 260 to 265 shall be increased by a third in respect of their 
minimum and maximum limits if the offences are committed by an employee or farmer employee 
of the injured party or with the complicity thereof. 
ARllCLE 267 
(II/egal reference to or use of awards] 
A prison sentence of IJP to one year or a fine accumulating for up to 1 20 day.:; snail be incurred by 
any person who"with the intention of causing damages to another or obtaining illegal benefits: 
a) Ref.ers·to or mentions an award registered in the name of another; 
b) Uses or falsely claims to be the holder of an award which was not granted to him or which 
has never existed: 
cl Uses designs or any indication imitating awards to which he has no right, in 
correspondence or advertising matter, on the signboards, frontages or windows of his 
establishment or in any other way. 
ARllCLE268 
(Violation of rights conferred by names and emblems) 
1, A prison sentence of up to one year or a fine accumulating for up to 120 days shall be incurred 
by any person who, with the intention of causing damages to another or for the illegal benefit of 
himself or third parties: 
a) Falsely claims to possess an establishment in order to obtain the registration of a name 
or emblem, for the sole purposes of speculation or unfair competition; IP/N/l/MAC/Ifl 
Page 92 
bl Uses on his ~...ablishment. in advertisements or correspondence or in any other manner. 
a name or emblem which is a reproduction or which constitutes an imitation of a name or 
emblem already registered by another for an establishment situated in Portuguese temtory. 
2. Article 193 of this Code shall be correspondingly appliC<lble for defining i@t.ation of a name or 
emblem. 
SECTlON III 
Unlawful acts 
AAllCLE269 
(Use of illicit trademarks] 
A fine of between 50.CCO and 5CO.COO escudos shall be incurred by any person who. with the 
intention of C<lusing damages to another or for the illegal benefit of himself or third parties 
commits arry of the following acts. This fine shall be between 6CO.CCO and 6.CCO.CCO escudos 
in the case of corporate bodies: 
al Infringement of the provisions of article 189 by wrongfully using in a trademark any of the 
signs mentioned in paragraphs a] to g] of such article; 
b) Use of trademarks containing expressions or figures that are against the law. public order 
or morality; 
cl Use of trademarks with false indications as to the Origin or nature of the products; 
d) Sale or puttiog on sale of products or articles with trademarks prohibited by the previous 
numbers. 
AAllCLE270 
(Failure to use compulsorytrademarksJ 
Any person who manufactures. markets or imports products or renders services without a 
trademark when a trademar.k is compulsory for these products or services shall incur a fine of 
between 20.CCO and 4CO.CCO escudos. This fine shall be between 2CO,COJ and 4,COJ.CCO 
escudos in the case of corporate bodies. 
AAllCLE 271 
(Undue use of names or emblems) 
Arry person who illegitimately uses in his name or emblem of establishment, whether registered 
or not, the expressions. names or figures mentioned in article 23 1. number 1. paragraphs a] toj] 
shall incur a fine ofbebNeen 20,cXXJ and 3CO.COJ escudos. This fine shall be betvveen 2CO.CXXJ 
and 3.CXXJ.CXXJ escudos in the C<lse of corporate bodies. ARTlCLE 272 IP IN I lIMACII/ 1 
Page 93 
(False reference to or undue use ofprivate rights1 
A fine of between 40,CCO and 4CO,CCO escudos shall be incurred by any person or between 
5OO,cx:a and 5,CCO,O:O escudos in the case of any corporate body that: 
a] Claims, in any manner, to be the holder of any of the industrial property rights stipulated in 
this statute, when such rights do not belong to him. have been declared null and void or have 
lapsed; 
b] Unduly uses or applies the indications of registration authorised only to the holders of such 
rights by articles 95, 132. 161, 206 and 240; 
c] Uses, as holder of an industrial property right. such right for products or services other 
than those that the registration protects. 
SECTlONN 
Procedure 
AATICLE 273 
(Assistants] 
Apart from the persons entitled under Portuguese Criminal Procedure Law to act as prosecutors, 
employers, syndicates and legally created interested associations shall have legal capacity to 
intervene as prosecutors in the criminal proceedings provided for under this Code. 
ARTlCLE 274 
(Seizure at Customs] 
1. Any products or merchandise which directly or indirectly bear false indications or appellations 
of origin or trademarks or names that are illegally used or applied or display evidence of an offence 
stipulated in this Code, shall be seized by Customs during the act of importation or exportation. 
2. Seizure shall be carried out on the initiative of the actual customs authorities, which shall 
immediately inform the interested party, whether an individual person or a corporate body, 
allowing such party to rectify the object of the preventive seizure, without prejudice, however. to 
liabilities that have already been incurred. 
3. The seizure may subsequently be confirmed or rerequested by the competent judicial 
authority, at the instigation of the Portuguese Public Prosecutor or at the request of the inj'ured 
party. IP/N/l/MAC/Ifl 
Page 94 
ARTlCLE275 
(Body competent to !nstitute proceedings 
in respect of unlawful acts) 
The institution of proceedings in respect of the unlawful aC-..5 provided for under this Code shall fall 
within the competence afthe Inspeet;:ao Geral das Actividades Economicas (-Portuguese Bureau 
of Economic Activities·). 
ARTlCLE276 
(Body competent to apply fines and additional penalties] 
The fines and additional penalties provided for under this Code shall fall within the competence of 
the President of the Portuguese Institute of Industrial Property. 
ARTlCLE277 
(Destination of fines) 
6QJIo of the fines applied shall constitute revenue of the Portuguese State. 2OJIo revenue of the 
Portuguese Institute of Industrial Property and 2CJ11o revenue of the Portuguese Bureau of 
Economic Activities. 
PAATN 
FEES 
ARTlCl£278 
(FIXing of fees] 
For the various acts stipulated in this statute. fees shall be due as stipulated by a joint decree of the 
Minister of Finance and Minister of Industry and Energy. 
ARTlCl£279 
(Methods of payment] 
1. All payments shall be made in cash. by cheque or by postal order together with the applications 
for the acts provided for. and they shall constitute revenue of the Portuguese Institute of Indu:::;crial 
Property. 
2. Once the fees have been paid. they shall be processed in accordance with the public 
accounting regulations that apply to the Portuguese Institute of Industrial Property. ARTICLE 280 
mme limits for paymentJ IP/NIlIMAClIll 
Page 95 
1. Fees in respect of patents, models and designs, for which annuities shall be computsd from 
the date of application, shall be paid as follows: 
aJ Fees in respect of the first two annuities due shall be included in the application fees; 
b J Fees in respect of the third annuity and the certificate and any annuities already accrued 
shall be paid after the date of the grant decision up to the anniversary of the application 
following the date of publication of the decision, to which three months are added; 
cl Subsequent annuity fees shall be paid annually during the final six months of validity of the 
right 
2. Fees in respect of registrations, the duration of which shall be computed from the date of 
grant, shall be paid as follows: 
a 1 Together with the fees for the respective certificate, after the date of grant up to a 
maximum period of six months after the date of publication of the grant in the POroJguese 
Industrial Property Bulletin; 
bJ Fees for the renewal of a registration shall be paid during the final six months of its validity. 
ARTlCLE 281 
(Fines. Revalidation) 
1. The fees mentioned in the previous article may be paid, 'with a fine, up to a maximum of six 
months after the validity of the right, under penalty of lapse. 
2. It is possible to request the revalidation of any patent, model or design certificate that has 
lapsed due to failuc9 to pay fees, up to the anniversary of the application follbwing the date of 
publication of the notice of lapse, to which three months are added. 
/ 
3. It is a/so'possible to request the revalidation of any certificate of registration that has lapsed 
due to failure to pay fees up to one year after the date of publication of the notice of lapse. 
4. The revalidation mentioned in numbers 2 and 3 may only be authorised upon payment of three 
times the amount of the outstanding fees and without prejudice to third party rights. 
ARTICL£2B2 
(Reduction of fees) 
1. Applicants for patents, models or designs who prove that they do not have sufficient income 
to bear the expenses in respect of applications and the maintenance of rights, shall be exempt 
from the payment of 8CPIo of all fees, up until the seventh annuity. if they so request before filing the 
respective application. 
2. It shall be the responsibility of the President of the Portuguese Institute of Industrial Property 
to examine the proof mentioned in this article and give a decision on the request made. IP/NI 1 IMACIII 1 
Page 96 
ARTICLE 283 
(Refunding of fees] 
1. The fees mentioned in the previous provisions shall not be refunded to the parties. 
2. Bya decision of the President of the Portuguese Institute of Industrial Property, unduly paid 
fees may, however. be refunded at the request of the interested party. 
3. Amounts of money paid to cover fees fur unauthorised inspections or inspections which were 
withdrawn in due time shall be refunded at the request of the party that made the payment. 
ARTlCLE284 
(Suspension of the payment of fees J 
1 . If legal action concerning any industrial property right is pending in court or if the seizure or 
attachment made in respect of such right is not lifted, the respective patent, deposit or 
registration shall not lapse in default of payment of periodical fees that may have fallen due. 
2. Once any of the decisions mentioned in the preceding number have become res judicata, 
notice thereof shall be published in the Portuguese Industrial Property Bulletin. 
3. Following publication of the notice mentioned in the preceding number, all outstanding fees 
shall be paid. with no fine, by the deadline applicable as indicated below: 
al For patents, models and designs, up to the anniversary of the application fo/fowing the date 
of pUblication of the notice, to which three months are added: 
b] ~r any other industrial property rights, up to one year after the date of publiC<3tion of the 
notice. 
4. tt, on the expiryaJthe time limits stipulated in the previous numbers, any outstanding fees have 
not been paid, the-respective industrial property right shall be declared to have lapsed. 5. The 
interested party shall request in court that the official notification necessarf be fumi.shed to the 
Portugue~e fnstitute of Industrial Property. The judge shall also inform the Portuguese Institute 
of Industrial Property. ex officio or at the request of the interested party, as soon as the legal action 
has ended or the seizure or attachment has been lifted: 
ARllCLE285 
(Rights belonging to the Statel 
Industrial property rights belonging to the Portuguese State shall be subject to the formalities and 
duties stipulated in respect of an application, grant or registration and renewals and revalidations 
thereof when worked or used by companies of any kind. IP/NIlIMACIII 1 
Page 97 
CHAPTER V 
INDUSTRIAL PROPERTY BUlLE1lN 
[Boletim da Propriedade Industrial) 
ARllCLE286 
[Industrial Property Bulletin] 
The Industrial Property Bulletin C·Soletim da Propriedade Industrial81 shall be published monthly 
as an appendix to the ·Oickio da Republica-. 
ARllCLE287 
(CAntents of the Bulletin1 
1 . The following shall be published in the Industrial Property Bulletin: 
a1 Notice of applications in the various categories. oppositions. replies and other notices; 
b] Notification of decisions; 
c] Grants and refusals; 
d) Renewals and revalidations; 
e) Declarations of renunciation; 
f) Assignments; 
g) Lapsed certificates; 
h] Examinations and reports concerning industrial property and related matters; 
iJ Judicial decisiRlns which have been given in appeals or which establish industrial property 
jurisprudence; . 
j) Portuguese and foreign legislation of interest to the international legal movement for the 
protection of industrial property. 
I] Charts and statistics; 
mJ Other acts and matters of which the public must be informed. 
2. The Bulletin may also contain. in addition to any announcements conceming the matter in 
question. the addresses of practising official agents. 
ARllCLE 288 
(Bulletin index] 
At the beginning of every year, the competent authorities shall draw up an index of all matters 
contained in the Bulletin during the preceding year. IP/N/l/MAC/If1 
Page 98 
ARTlCLE289 
[Distribution of the Bulletin) 
1. The Bulletin may be distributed to any interested Portuguese authorities and academic 
institutions. the World Intellectual Property Organisation. foreign industrial property authorities 
and other Portuguese and foreign entities on an exchange basis. 
2. The Bulietin may also be acquired by any interested party on payment of the respective 
subscription or the price of a single copy indicated on it. 
PART VI 
PROTECTION IN MACAO 
AATlCLE290 
(Registration of trademarks) 
1. In the territory of Macao. the Department of Economy shall be competent for receiving 
documentation concerning the protection of rights in respect of trademarks and for taking the 
steps necessary for such rights to become effective in Macao. 
2. At. the Department of Economy of Macao. action can only be taken and the prosecution of 
proceedings handled by: 
a I The actual interested party or the holder of the right. if established or resident in Portugal 
or Macao; 
b 1 Official industrial property agents; . , 
cl Appoint;ed lawyers. 
3. If. dunng the prosecution of a particular act. the regulations governing legal representation 
stipulated in this article are violated. the provisions of article 10. number 3 shall be applied. 
AAllCLE291 
(Filing of applications) 
1. Macao trademark applications may' be filed at the Portuguese Institute of Industrial Property 
or at the Department of Economy of Macao. which shall forward them to the Institute. 
2. The terms of this article shall apply to any requests made. in respect of trademarks. as 
provided for under the present Code. 
3. The Department of Economy of Macaa shall indicate the date and time of filing on all 
applications received. ARTlCLE 292 
(Publication of applications) IP/NII/MACIII 1 
Page 99 
1. Macao trademark applications for registration shall be published separately in the Portuguese 
Industrial Property Bulletin. in accordance with the legal formalities specified in this Code fer the 
registration of Portuguese national trademarks. 
2. The Department of Economy of Macao shall publish in the Official Bulletin of Macao the 
trademark applications for this territory. as well as any notices considered necessary. 
3. Applications and the respective photoprint filed at the Department of Economy of Macao shall 
be sent on a weekly basis to the Portuguese Institute of Industrial Property, keeping a copy in the 
respective sections of the Department. 
4. The duplicates of Macao applications filed at the Portuguese Institute of Industrial Property 
shall be sent. with the respective photoprint. to the Department of Economy of Macao. 
5. Macao registrations shall be granted or refused within a time limit of three months computed 
from the date on which the file becomes ready to have an opinion given and then be submitted for 
decision. The Director of the Trademark Department of the Portuguese Institute of Industrial 
Property shall be responsible for the judicious management of this time limit. 
6. The Portuguese Institute of Industrial Property shall send five copies of the Portuguese 
Industrial Property Bulletin to the Department of Economy of Macao. 
7. Fees due for action taken in respect of each application shall be collected by the authorities 
where the application is filed. 
ARTlCl£293 
(Extension to MacaoJ 
1. Wrth respect tGregistrations exclusively applied fer Macao, if the examination carried out by 
the Portuguese Institute Industrial Property reveals similarity to an earlier trademark which has 
been only applied for or granted in Portugal and which, in the examiner1s opinion. may justify the 
refusal of the registration. the respective proprietor or applicant shall be notified to file an 
extension to Macao of his own application or registration. if desired, within a time limit of 90 days, 
during which he may file an apposition. 
2. An earlier registration or application may only be considered as grounds for refusal if this 
notification is fulfilled. . 
3. The proprietor or applicant of an earlier registration valid only in Portugal may, on his own 
motion and without notification from the examiner, request the extension to Macao of his own 
registration and. if desired. file an opposition against the new application within a time limit of 90 
days, computed from the date of publication of the Portuguese Industrial Property Bulletin 
containing the aoolication.