1 
 Official Journal of the Republic , 1st series – No. 237 – 10 December 2018  
PRIME MINISTER’S OFFICE  
Decree -Law no. 110/2018  
of 10 December  
 Industrial property currently plays an extremely important role in economic growth, job 
creation and in developing the innovation system, becoming an ever -increasing part of the value 
of companies, both technologically and commercially , allowing for return  on their investments 
in innovation and creating competitive advantage that allow them to more effectively and safely 
respond to the challenges posed by globalised markets.  
 This importance has been confirmed in the study regarding the impact of intellectu al 
property rights on the European economy – “Intellectual property rights intensive industries and 
economic performance in the European Union,” October 2016 – drafted jointly by the European 
Patent Organisation and by the European Union Intellectual Prope rty Office, according to the 
study , companies that intensively use trade mark s and patents in their strategic action were 
responsible for approximately 28% of jobs in the European Union.  The main conclusions of the 
study also point to the fact that these c ompanies have represented more than 42% of the 
European Union’s total economic activity, reaching a value of 5.7 billion euros, which is an 
increase over the numbers re ported in the previous 2013 stu dy. 
 Growing recognition by economic agents of the importance and advantages associated 
with use of industrial property has invariably led to an increase in demand for the services 
provided by the public authorities that are responsible for protecting industria l property rights, 
a situation that accentuates the urgency to continuously seek out solutions that allow for a swift 
and suitable response to the real needs of citizens and businesses. It is also in terms of 
cooperation between States that we can recognis e this fundamental role, as with the 
International Agreement on a Unified Patent Court, approved by the Portuguese Republic via 
Assembly of the Republic Resolution no. 108/2015 and ratified via President of the Republic 
Decree no. 90/2015, both published i n the Government Gazette, 1st series, no. 152 of 6 August, 
along with the decision to establish a local division of the Unified Patent Court in Portugal.  
 On a national level, for several years now there has continue d to be a trend toward high 
demand for trade mark  protection – although in terms of patents the trend has been less 
pronounced – with the number of registration applications  filed at  the Instituto Nacional da 
Propriedade  Industrial , I. P. (INPI, I.P.)  having risen  annually, thereby positioning P ortugal, from 
the point of view of trade mark  registration, as one of the European Union countries with the 
highest number of registration applications  per one million inhabitants.  
 The last decade has seen a very significant series of reforms in order to effectively 
respond to this current high level of interest in industrial property among economic agents and 
in order to create the necessary conditions for them to maintain their trust in the registration 
system offered by the State.  2 
  On a national level, for instance, and similarly to the efforts made both in terms of 
technological modernisation of the INPI, I.P. services, which currently allow interested parties 
to submit registration applications  online, and in terms of reducing costs for citizens and 
businesses through a policy of moderate fees or a strong investment in dissemination of 
information, we also point to the efforts made in the past years to introduce simplification 
measures and measu res that simplify and promote access to the trade mark s and patents 
protection system. An example of this is the amendment of the Industrial Property Code in 2008, 
through approval of Decree -Law no. 143/2008 of 25 July.  
 The present legislative initiative seeks to continue this overall strategy that has been 
followed in Portugal in view of increasing the use of industrial property in the country, improving 
conditions for businesses to innovate and successfully differentiate their products and services 
on th e national and European markets.  Accordingly, simplifying procedures with the aim of 
eliminating the inefficiency and bureaucracy that limits the activity of economic agents and 
providing the latter with the necessary predictability, are fundamental concer ns and actions of 
the government. The  21st constitutional government program establishes as one of its priorities 
the simplification of the relationship between citizens and businesses and administrative 
services, reducing business costs and eliminating bu reaucracies that only serve to hinder the 
growth and dynam ism of innovation. It also sets administrative modernisation as  one of its main 
pillars of government action by using entirely digital procedures that facilitate access to public 
services, along wit h the aim to promote decongestion of the courts by creating mechanisms that 
permit protection of the rights of citizens and businesses without using the courts. It also 
considers promotion of foreign investment in Portugal to be an essential goal for gover nment, 
reducing the obstacles faced by businesses in performing their R&D activities in Portugal, also 
establishing targets related to creating incentives for technological companies, namely through 
patent registration.  
 In line with these goals establishe d by the Programme of the 21st Constitutional 
Government and with the aim of ensuring compliance of the national framework with the most 
recent European instruments that simplify access to the industrial property system and 
strengthening of the rights it a ttributes, the present decree -law: a) transposes to internal rule 
of law Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 
2015, which serves to approximate the laws of Member States relating to trade mark s 
(reformulatio n); b) transposes to in internal rule of law Directive (EU) 2026/943 of the European 
Parliament and of the Council of 8 June 2016 regarding the protection of know -how and 
confidential commercial information (commercial secrets) against illegal acquisition,  use and 
disclosure; c) simplifies and clarifies administrative procedures pertaining to attributing, 
maintaining and ceasing of the validity of the industrial property rights provided for in the 
Industrial Property Code; and lastly, d) introduces mechanis ms that allow the rights protection 
system to be  strengthened . 
 Firstly, Directive (EU) 2105/2436 of the European Parliament and of the Council of 16 
December 2015 shall be transposed to internal rule of law, serving to approximate the laws of 
Member States relating to trade  marks, henceforth referred to as the “Trade Marks  
Harmonisation Directive” for short.  3 
  The Trade Marks Harmonisation Directive, together with Regulation (EU) 2017/1001 of 
the European Parliament and of the Council of 14 June 2017 ( henceforth referred to as the 
“European Union Trade Mark Regulation”), was the end product of the discussion process 
surrounding the operation of the trade marks system in Europe, begun in 2008 with the 
European Commission Communication “A European strateg y for industrial property rights.”  
 Approval of these two legal instruments did not bring any profound changes to the main 
models on which trade mark registration in the various European Union countries is based, but 
it translates a very significant effort  to modernise the various existing systems and facilitate 
access to trade mark protection, thus promoting entrepreneurship and competitiveness in 
Europe.  
 Because the Trade Marks Harmonisation Directive and the European Union Trade Mark 
Regulation are an i ntegral part of a single legislative package, the goal is to achieve two 
complementary objectives. On the one hand, they create a legal framework that seeks to 
promote and spark innovation and economic growth by offering trade mark registration systems 
that are more efficient and accessible for citizens and businesses, in terms of reducing costs, 
simplicity and quickness of administrative procedures, as well as predictability and legal security. 
On the other hand, it maintains one of the cornerstone princip les of the current legal framework, 
namely coexistence and complementarity between trade mark protection frameworks on a 
national and European Union level, while still clearly recognising the goal of strengthening the 
cooperation mechanism, the convergence  of practices and development of common platforms 
between the national trade mark registration authorities and the European Union Intellectual 
Property Office.  
 As regards administrative procedures related to trade mark registration, the Trade 
marks  Harmonisation Directive has incorporated a series of rules that previously applied only to 
European trade marks (currently identified as “European Union Trade Marks”) and once they 
are standardised among the various Member States they will certainly facilitate cross -border 
activity for businesses. Some of these rules, which in some cases have best practices based on 
procedures followed by the European Union Intellectual  Property Office and in other cases they 
implement the jurisprudence of the Court of Justice of the European Union, simplify submission 
of the trade mark  registration, namely elimination of the requirement to submit a graphic 
representation of the sign, wh ich has now been replaced with the requirement to submit a 
representation of the sign that allows for clear and precise determination of the subject matter 
of the protection that is offered to the owner of the trade mark.  
 Facilitated access to trade mark registration and exercising of the economic activity is 
also increased through administrative mechanisms that supply the interested parties with 
simplified instruments to eliminate exclusive rights that for various reasons should not unduly 
hinder that act ivity. It should be pointed out in this regard , that the possibility of invoking non - 
genuine use of a trade mark  was introduced , in order to prevent opposition to a registration or 
the establishment of an administrative new process for assessing the valid ity of registrations, 
which is a power that is currently held by the Intellectual Property Court. As regards the latter, 
the obligation imposed on Member States, so that to the benefit of users, efficient and quick 
administrative procedures can be establis hed to assess the validity o f the trade mark 4 
 registrations, will surely be a major challenge that will also extend to other registrations, 
including designs or models. As regards the protection granted to trade mark  registration, the 
present decree -law inc orporates the rules that are stipulated in the Directive in relation to the 
scope and limitations of the powers attributed to the owner s of the registrations, while also 
strengthening the latter’s mechanisms for responding to goods in transit that are susp ected to 
have infringed upon the owner s’ trade mark registration within the European Union. A  more 
exhaustive regulation of the powers granted to the owner s of trade mark registrations, which 
essentially translates into a strengthening of these powers , in order to counter the progressive 
increase in the illegal activities that infringe upon rights on a European scale, will not only allow 
some of the uncertainties that negatively affected the ability of those owner s to exercise their 
rights, but w ill also provide greater security and predictability to third party actions, which will 
better comprehend  the limits of using  certain distinctive  signs. This is also an opportunity to 
clarify the powers of t he licensees  in judicial actions claiming trade mark infringement.  
 For transparency reasons, however, they recommend that some changes be made to 
association trade mark s and certification trade mark s, now known as “collective trade mark s” 
and “certification or guarantee trade mark s,” as they cease to b e regulated by an essentially 
remissive framework that often ignored the specificities of these trade mark s and instead 
benefitting from a more complete and clarifying framework.  
 Because they are included in the same category of distinctive signs of trade , this justifies 
inclusion of logotypes in some of the procedural rules which, through the novelty  of the latter  
and their normative relevance, are introduced into the field of trade mark registration, namely 
with respect to elimination of the requirement to graphically represent the sign, strengthen the 
rights granted through the registration and implementation of a process for assessing the 
validity of the registrations. The same reasons justify that this new registration validity process 
be extended to appellations  of origin, geographical  indications and rewards . 
 Secondly, Directive (EU) 2016/943 of the European Parliament and of the Council of 8 
June 2016 was transposed and pertains to protecting know -how and confidential commercial 
information (trade s ecrets) against the illegal acquisition, use and disclosure.  
 The Trade Secrets Directive seeks to harmonise , between the various Member States, 
the protection levels that a diverse range of know -how or confidential information needs  to 
have and which  toda y have become increasingly important in a knowledge -based  economy, in 
which innovation and research are the driving forces behind economic growth, scientific and 
technological progress, employment and corporate competitiveness.  
 Trade secrets are currently  one of the most common means used by companies to 
protect their intellectual creations and they are valued to the extent that companies often use 
them as a complement to industrial property.  
 The importance that t rade secrets currently have in terms of innovative companies, 
especially small and medium enterprises, however, contrasts with a legal framework that is still 
insufficient at a European Union level in relation to protecting access to and exploiting  those 
secrets , guarding them f rom being illegally obtained by third parties, often leaving economic 
agents exposed to illegal use of their intellectual capital.  5 
  The Trade Secrets Directive seeks to respond to this shortcoming in legal framework 
currently in force, implementing a serie s of civil mechanisms that help prevent illegal practices 
in this area, while not adversely affecting fundamental rights and freedoms or the public 
interest. A strengthened legal framework, bolstered with balanced and effective legal 
mechanisms, will surel y serve as an incentive for companies to continue to use and profit from 
trade secrets more securely, encouraging them to continue with their innovation activities that 
are so necessary for the proper performance of economies and social progress.  
 As such,  the section existing in the Industrial Property Code can be adapted to trade 
secrets, in terms of measures and procedures that seek to ensure respect for industrial property 
rights. This option goes beyond the obligations that ensue from the minimum legal  framework 
imposed by the Directive, creating a legal framework that is clearly more robust for proprietors 
of trade secrets.  
 Simultaneously and lastly, through the present legislative initiative, some improvements 
have been made to other regimes provided for in the Industrial Property Code, in order to 
continue the efforts made in the past years to facilitate access to the indus trial p roperty system 
by economic agents. As such, some changes have been made in order to simplify, add flexibility 
and modernise the various applicable administrative procedures, while also promoting 
transparency through the clarification of some aspects  that hinder access to and use of some of 
the legal mechanisms available to citizens and companies, in order to ensure protection of 
inventions, creations and distinctive signs. Some legal frameworks have also been adapted to 
use digital means as the favou red means of interaction between interested parties and the INP I, 
I. P. 
 Introduction of improvements into the frameworks provided for in the Industrial 
Property Code also requires improving some of the mechanisms that suppress behaviours that 
violate indu strial property rights, in line with the investment that has been made by public 
authorities to prevent counterfeiting. According to a series of studies undertaken by the 
European Union Industrial Property Office, every year 48 billion euros are lost in Eu rope in 
various activity sectors due to the existence of falsified products on the market. As regards 
Portugal, it is estimated that there has been a direct annual loss of 1 billion euros, corresponding 
to 9.2% of sales, which translates into over 22,200 j obs lost in certain sectors.  
 Much has already been done to fight counterfeiting, both in terms of consumer 
awareness and cooperation with relevant authorities in these areas, strengthening of the 
mechanisms available to interested parties in order to prev ent and respond to violations of 
industrial property rights, expecting that this legislative initiative will serve as one more 
contribution in this area. As such, the present decree -law seeks to promote standardisation of 
the criminal framework that encomp asses various types of rights, expressly seeking to provide  
for accessorial sanctions pertaining to criminal actions and administrative offences, creating the 
obligation to communicate to the owner s of the rights the seizures of goods made by the 
criminal police authorities, in order to reduce the number of cases in which the lack of 
knowledge of the seizures may lead to dismissal of the inquiry due to lack of interest on the part 
of the interested parties, as well as introducing a new instrument that allows seized goods to be 
destroyed even before a court decides on whether or not rights have been violated. This new 6 
 instrument seeks to respond to some of the problems that have been experienced by criminal 
police authorities whenever they seize goods, namely in terms of storage of goods and the costs 
associated with  that, a problem which has worsened with the increased efforts to fight 
counterfeiting and piracy, particularly with the increase in seizures made by inspection 
authorities. The present decree -law thus seeks to continue the efforts that have been made to 
strengthen and add efficacy to the industrial property protections system, giving the economic 
agents the necessary confidence to be able to profit from their investments and see their 
innovation and differentiation efforts pay off.  
 Given the broad scope o f the matters introduced herein and the successive changes that 
were introduced into the Industrial Property Code over almost 15 years,  the decision was made 
to repeal Decree -Law no. 36/2003 of 5 March and approve a new Industrial Property Code, the 
wordin g of which was the result of broad debate promoted among the interested parties and 
the numerous contributions made by entities representing the business sector, academic sector, 
public authorities with responsibilities in the defence of industrial propert y rights and the 
jurisdictional system.  
 To conclude, recognising that the circumstances that led to the approval of Law no. 
62/2011 of 12 December that created a framework consisting of disputes emerging from 
industrial property rights when reference medi cinal products and generic drugs were involved 
are no longer pertinent and conditions were in place to re -analyse this matter, the decision was 
made to revoke the mandatory arbitration framework that had been created at the time, 
allowing the parties to ch oose between voluntary arbitration or the applicable  court of justice.  
 The Supreme Judicial Council, the Prosecutor -General’s Office, the Association of 
Solicitors and Enforcement Agents, the APDI – Portuguese Association of Intellectual Property 
Right, the Arbitration Centre for Industrial Property, Domain Names, Names and Designations, 
the CIP —Confederation of Portuguese Business, the ACPI – Portuguese Association of 
Intellectual Property Consultant s, the AIPPI – Portuguese Group of the International Association 
for Intellectual Property Protection, Apogen – Portuguese Association of Generic Medications 
and Biosimilars, OTEC Portugal – Corporate Association for Innovations, the government bodies 
of t he autonomous regions, the Union of Trade Marks, and post -secondary educational 
institutions were hear d. 
 The Board of Governors of Administrative and Tax Courts, the Bar Association, the 
AMEP —Portuguese Association of Patent Attorneys, Apiframa – Portugue se Association of the 
Pharmaceutical Industry, Centromarca – Portuguese Association of Trade Marks Products 
Companies, the Intellectual Property Committee of ICC Portugal, and business associations that 
are interested parties were heard.  
Thus:  
 In accordan ce with the legal authority granted under Law no. 65/2018 of 30 November 
and pursuant to sub -paragraphs a) and b) of no. 1 of article 198 of the Constitution, the 
government has decreed the following:  
CHAPTER I  7 
 General provisions  
Article 1 . 
Object  
1 – The present decree -law approves the Industrial Property Code and transposes the following 
to internal rule of law:  
a) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 
2015, which serves to approximate the laws of Member Sta tes relating to trade marks 
(reformulation);  
b) Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 
pertaining to protecting know -how and confidential commercial information (trade secrets) 
against illegal acquisition, use and disclosure.  
2 – The present decree -law also undertakes the following:  
a) The fifth amendment of Law no. 62/2013 of 26 August , amended via Laws nos. 40 -
A/2016 of 22 December and 94/2017 of 23 August, via Organic Law no. 4/2017 of 25 
August and via Law no. 23/2018 of 5 June, which approves the Judicial System 
Organisation Law;  
b) The first amendment to Law no. 62/2011 of 12 December, which creates a framework 
consisting of disputes emerging from industrial property rights when reference 
medicinal pro ducts  and generic drugs are involved , leading to the fifth amendment of 
Decree -Law no. 176/2006 of 30 August and the second amendment to the general 
framework of government subsidies in the price of medications, approved in the annex 
to Decree -Law nom 48 -A/2010 of 13 May;  
c) Repeal of Decree -Law no. 36/2003 of 5 March, amended via Decree -laws  nos. 
318/2007 of 26 September and 360/2005 of 2 November, via Law no. 16/2008 of 1 April, 
via Decree -Law no. 143/2008 of 25 July and via Laws nos. 52/2008 of 28 August ,46/2011 
of 24 June . and 83/2017 of 18 August, which approves the new Industrial Property Code.  
Article 2.  
Approval of the Industrial Property Code  
 The Industrial Property Code is hereby approved and annexed to the present 
decree -law and constitutes an integral part thereof.  
 
CHAPTER II  
Legislative amendments  
Article 3.  8 
 Amendment to the Judicial System Organisation Law  
 Article 111. of the Judicial System Organisation Law, approved via Law no. 
62/2013 of 26  August, in its current wording, shall now be worded as follows:  
 
“Article 111.  
[. . .]  
1 -- [. . .]:  
a) [. . .] ; 
b) [. . .] ; 
c) Actions of nullity and annulment of patents, supplementary protection certificates, 
utility models and semiconductor topography  as provided for in the Industrial Property 
Code and other applicable legislation, along with application s for nullity or annulment 
of designs or models registrations, trade mark s, logotypes , rewards , appellations of  
origin and geographical  indications claimed in counter -actions;  
d) [. . .];  
e) [. . .];  
f) [. . .];  
g) [. . .];  
h) [. . .];  
i) [. . .];  
j) Actions in which the cause for a petition  stems from the practice of acts of unfair 
competition or infringement of trade secrets pertaining to industrial property;  
k) [. . .];  
2 -- [. . .].”  
Article 4.  
Amendment to Law no. 62/2011 of 12 December  
 Articles 2. And 3. of Law no. 6272011 of 12 December shall now have the 
following wording:  
“Article 2.  
Voluntary arbitration  9 
  Disputes arising from invoking industrial property rights, including injunctions  
related to reference medicinal products, namely medications that are authorised on the 
basis of pre -clinical and clinical drug trials and generic drugs, regardless of whether 
process patents, products ,  use, or supplementary protection certificates are at stake, 
may be subject to voluntary arbitration, whether institutional or non -institutional . 
Article 3.  
[. . .]  
 1 – Within a period of 30 days counting from publication on the website of INFARMED 
— Autoridade Nacional do Medicamento e Produtos de Saúde, I. P. (INFARMED, I. P.) of all 
applications  for authorisation or registration, for market intr oduction of generic drugs, the 
interested party that wishes to invoke his or her industrial property right in accordance with the 
previous article must do so at the Intellectual Property Court, or if the parties  agree , at the 
institutional arbitration cour t, or make a request to submit the dispute to non -institutional 
arbitration.  
 2 – When  no counter -action is filed within a period of 30 days  following a summons 
pertaining to the suit filed at the Intellectual Property Court or the notification filed by th e court 
of arbitration, the party requesting the authorisation or registration for market introduction of 
the generic drug may not begin to industrial ly or commercial ly exploit it in accordance with the 
industrial property rights invoked pursuant to  the pr evious number.  
 3 – During the arbitration process, the patent’s invalidity may be invoked and recognised 
with effects that are merely inter partes.  
 4 – In the arbitration process:  
a) The evidence shall be provided by the parties, duly enumerated;  
b) Once  the counterstatement is submitted , a date and time is set for the taking of 
evidence hearing, which will take place orally;  
c) The hearing mentioned in previous sub -paragraph shall take place within a maximum 
period of 60 days subsequent to submission of the opposition.  
5 – (Previous no. 6)  
 6 – For the purposes stipulated in the previous number, the court shall be responsible 
for deciding which parts of the decision are not to be made public, and if that should be the case, 
it shall send to the Instituto Nacional da Propriedade  Industrial , I. P. the decision that is to be 
published, without those parts.  
 7 -- [. . .].  
 8 – [. . .].”  
 
CHAPTER III  
Transitional  provisions  
Article 5.  
Statistical analysis  
 
 After one year of the coming into force provided for in no. 1 of article 6., the Justice 
Policy Directorate -General shall submit a report to the member of government responsible for 
justice, including an analysis of the statistical data related to the functioning  of the intellectual 
property court, specifically with respect to disputes arising from invoking industrial property 
rights related to reference medicinal products.  
 
Article 6.  
 10 
 Utility models without examination  
 
 1 – Provisions that were previously in fo rce shall be applied to utility model applications  
without examination that have been submitted before the present decree -law has come into 
force and that have not yet been finalised in an order.  
 2 – Applicants  or owners  who wish examination of a pending application  or a utility 
model that has been granted without examination before the present decree -law comes into 
force can go to the Instituto Nacional da Propriedade Industrial, I. P. (INPI, I. P.) to demonstrate 
interest in holding this examination whil e the utility model remains valid.  
 3 – The provisions of the previous number are compulsory whenever the owner  of the 
utility model wishes  to propo se judicial or arbitration actions to defend the rights that they 
guarantee.  
 
Article 7.  
 
Deadlines  
 
1 – The deadlines that are valid at the date of coming into force of the present decree -law shall 
be subject to the previously in effect provisions whenever the latter provide for a longer 
deadline.  
 
2 – Trade mark and logotype registrations granted before  the present decree -law comes into 
force shall be subject to the deadline duration previously in effect and the subsequent renewals 
of the time periods shall begin to be counted in accordance with the change made to the 
Industrial Property Code as a result  of the present decree -law. 
 
Article 8.  
 
Association trade mark s and certification trade marks  
 
 1 – Application s for association trade mark s and certification trade mark s that have been 
submitted before the coming into force of the present decree -law and which have not yet been 
finalised in an order shall henceforth be referred to as application s for collective trade mark s 
and application s for certification and guarantee trade m arks, respectively.  
 2 – Registration of association trade mark s and certification trade mark s existing at the 
date of coming into force of the present decree -law shall automatically be referred to as 
collective trade mark registrations and certification o r trade mark registrations, respectively.  
 3 – Registration of expired association trade mark s and certification or guarantee trade 
marks for which the revalidation time period is underway at the time the present decree -law 
comes into force shall automatically be renamed collective trade mark registrations and 
certification or trade mark registrations, respectively.  
 4 – Association and certification trade mark registrations existing at the date when the 
present decree -law comes into force and which consist of signs or indications used in commerce 
to identify the geographical origin of the products or services shall not be subject to causes of 
nullity pertaining to inclusion of geographic ter ms. 
 
Article 9.  
 
Invoking non-genuine use when opposing registration and during infringement procedure  
 
 1 – Applicants for registration of  trade mark s and logotypes against which a claim  has 
been made before the present decree -law has come into force shall not be allowed  to invoke  11 
 non-genuine use of trade mark registration as the basis of the claim during the course of 
opposition proceedings and without any recourse to a declaration  of revocation application . 
 2 – As regards infringement actions that have been instituted before the present decree -
law has come into force , there shall be no possibility of invoking non-genuine use of trade mark 
registration on which the action is based withou t filing a  declaration of revocation applicatio n. 
 
Article 10.  
 
Declaration of nullity and annulment procedures  
 
 1 – The time periods of the deadlines for requesting the annulment of a right as provided 
for in the Industrial Property Code that are running their course at the date of coming into force 
of the present decree -law shall be subject to the previously applicable provisions.  
 2 – The powers of the Intellectual Property Court to declare nullity and annulment of 
registrations of designs or mod els, trade mark s, logotypes , appellations  of origin, geographical 
indications, rewards , names of establishments and establishment insignias whose nullity and 
annulment declaration actions have been instituted before the present decree -law has come 
into for ce shall remain intact.  
  
Article 11.  
 
Infringement of name and establishment insignia and  logotype  
 
 An infringement of name, establishment insignia and logotype rights that has occurred 
before the present decree -law has come into force shall be subject to the provisions that were 
previously in force and which punished conduct as an administrative offence.  
 
Article 12.  
 
Promotion of acts at the Instituto Nacional da Propriedade Industrial, I. P.  
 
 Acts pertaining to application s for declaration of revocation whose deadline periods are 
running their course when the present decree -law comes into force shall be subject to previously 
in effect provisions regarding legitimacy to execute acts at the INPI, I.P . 
 
Article 13.  
 
Transitional provisions  stipulated in Decree -Law no. 36/2003 of 5 March  
 
 In cases  where they still apply , the transitional provisions  provided for in Decree -Law 
no. 36/2002 of 5 March shall remain in force in their current wording.  
 
CHAPTER IV  
 
Final prov isions  
 
Article 14.  
 
Revocatory norm  
 
 Notwithstanding the provisions of the previous article, Decree -Law no. 36/2003 of 5 
March is hereby revoked in its current wording.  12 
  
Article 15.  
 
Application over time  
 
 Notwithstanding the provisions of the following articles, the provisions of the Industrial 
Property Code introduced via the present decree -law shall apply to the following:  
a) Patent application s, utility models, supplementary protection certificates, designs or 
models, trade mark s, logotypes , appellations of  origin, geographical indications and rewards  
that have been submitted before the present decree -law came into force and that have not 
yet been formalised in an order;  
b) Application s that have been submitted before the present decree -law h as come into force 
and that have not yet been formalized  via a  decision ; 
c) Patents, utility models, supple mentary protection certificates, registrations of designs or 
models, trade mark registrations, logotype registrations, appellations of  origin registrations, 
geographical indications registrations, registrations  of rewards , registrations of 
establishment na mes and establishment insignias existing at the date of coming into force 
of the present decree -law. 
 
Article 16.  
 
Coming into force  
 
 1 – Article 4 of the present decree -law shall come into force 30 days after publication of 
the present decree -law. 
 2 – The provisions of the Industrial Property Code as pertains to protection of trade 
secrets shall come into force on 1 January 2019.  
 3 – All other provisions of the Industrial Property Code approved in the annex to the 
present decree -law, a long with the amendment to the Judicial System Organisation Law 
approved via Law no. 62/2013 of 26 August, in its current wording, shall come into force on 
1 July 2019.  
 Seen and approved by the Cabinet of the Prime Minister on 6 December 2018 . — 
António L uís Santos da Costa — Augusto Ernesto Santos Silva — Mário José Gomes de Freitas 
Centeno — Francisca Eugénia da Silva Dias Van Dunem — Pedro Gramaxo de Carvalho Siza 
Vieira — Manuel Frederico Tojal de Valsassina Heitor.  
 
Promulgated on 7 December 2018.  
To be published.  
The President of the Republic , MARCELO REBELO DE SOUSA.  
Countersigned  on 7 December 2018.  
The Prime Minister, António Luís Santos da Costa  
 
ANNEX  
 
(as per article 2)  
 
Industrial Property Code  
 
TITLE I  
Overview  
 
CHAPTER I  13 
 General provisions  
 
Article 1.  
 
Purpose of industrial property  
 
 Industrial property serves the purpose of guaranteeing fair competition by attributing 
private rights over the various technical processes of producing and developing wealth.  
 
Article 2.  
 
Scope of industrial property  
 
 Industrial property includes industry and commerce and the fishing, agricultural, 
forestry, livestock and mining industries, along with all natural or manufactured products 
and services.  
 
Article 3.  
 
Personal scope  of applicatio n  
 
 1 – The present Code shall apply to all individual or legal persons, Portuguese or 
foreigners from countries that are part of the International Union for the Protection of 
Industrial Property, henceforth referred to as the Union, pursuant to the Paris Conv ention 
of 20 March 1883 and its revisions, and the World Trade Organisation, henceforth referred 
to as the WTO, without any conditions relating to domicile or establishment, barring special 
provisions regarding jurisdiction and procedure.  
 2 – Nationals from all other countries that are domiciled or whose industrial or 
commercial establishment, real or fictitious, is in the territory of one of countries of the 
Union or WTO shall be equivalent to being nationals of the countries of the Union or W TO. 
 3 – As regards all other foreigners, the provisions of the conventions between Portugal 
and the respective countries shall apply, and when there are no such conventions, the 
reciprocity regime shall apply.  
 
Article 4.  
 
Effects  
 
 1 – Rights granted thr ough patents, utility models and registrations shall cover the entire 
national territory.  
 2 – Without prejudice to  the provisions of the following number, the granting of 
intellectual property rights requires only a legal presumption of the requirements f or 
granting them.  
 3 – Registration of rewards  ensures the veracity and authenticity of the titles of its 
granting and ensures the owners  that they shall have exclusive use for an indefinite period 
of time.  
 4 – Registration of trade mark s, logotypes and appellations of  origin and geographical 
indications constitute grounds for refusing or annulling corporate names that can be 
confused with them if the application s for authorisation or alteration were made after the 
registration application s. 
 5 – Actions for annulling acts ensuing from the provisions of the previous number shall 
only be admissible within a period of 10 years counting from the date of publication in the 14 
 Government Gazette pertaining to the change in corporate name of the legal perso n, unless 
proposed by the Public Prosecutor.  
 
Article 5.  
 
Provisional protection  
 
 1 – The application  for a patent, utility model or registration shall grant the applicant  
provisional protection, as of respective publication in the Industrial Property Bul letin, 
identical to that which would be granted through granting the right, to be taken into account 
when calculating any possible  compensation . 
 2 – The provisional protection mentioned in the previous number shall be enforceable  
before being published against  anyone who has been notified of the submission of the 
application  and received the necessary documentation pertaining to the proceedings.  
 3 – Rulings pertaining to actions based on provisional protection cannot be rendered  
before the final granting or refusal of the patent, utility model or registration, and the 
procee dings shall be stayed following completion of the enumeration of facts phase.  
 
Article 6.  
 
Guarantee rights  
 
 1 – Rights emerging from patents and utility models and from registrations of 
semiconductor topography, designs or models and trade mark s and othe r distinctive  signs 
of commerce shall be subject to seizure and lien and may be pledged as a security or subject 
to other legally executed seizures of goods.  
 2 – The provisions of the previous number shall apply to rights ensuing from the 
application s. 
 
Article 7.  
 
Proof of rights  
 
 1 – Proof of industrial property rights shall be provided through titles corresponding to 
their various types.  
 2 – The titles shall contain the information necessary for proper identification of the 
right that they refer to.  
 3 – Industrial property rights certificates issued by international organisations to take 
effect  in Portugal shall have the value of the titles mentioned in the previous numbers.  
 4 – Owners  of rights may receive certificates of content analogous to the re spective title.  
 5 – At the request of the applicant  or the owner , the following documents may be 
issued:  
 a) Certificates of the application s; 
 b) Certificates for the protection of the industrial property rights granted by 
international organisations in order to take effect in Portugal.  
  
Article 8.  
 
Re-establishment of rights  
 
 1 – An applicant  or owner  of an industrial property right  who,  despite all the oversight 
required under  the circumstances, has failed to comply with a deadline  that may lead to 15 
 refusal or  affect the respective validity , and the cause of the failure to comply cannot be 
directly attributed to him or her, shall have his or her rights re -established if he or sh e so 
requests . 
 2 – The duly reasoned request shall be submitted in writing within a period of two 
months counted from the end of the fact that prevented compliance with the deadline, and 
shall only be accepted within a period of one year as of the deadlin e that was not observed, 
whatever the circumstances . 
 3 – When the deadlines mentioned in article 13 are in question, the request shall only 
be admitted within a period of two months counted from the end of the unobserved 
deadline.  
 4 – The omitted act sha ll be complied with during the two-month  deadline mentioned 
in no. 2, along with payment of a rights re -establishment fee.  
 5 – The provisions of the present article shall not apply to the deadlines referred to in 
nos. 2 and 4 and articles 17 and 369  when the extension deadline provided for in the present 
Code is involved  and when a declaration of revocation procedure is pending.  
 6 – The applicant  or owner  of a right whose rights have been re -established may not 
invoke them from a third party who in good faith during the period spanning from the loss 
of granted rights and publication of the mention of re -establishment of these rights, has 
begun exploiting o r commercializing  the subject matter of the right or has made effective 
and serious preparations to exploit  them and market them.  
 7 – A third party who  may avail him or herself of the provisions of the previous number 
may, within a period of two months co unted from the date of publication of the mention of 
re-establishment of the right, oppose the decision that reinstates the applicant  or owner  of 
the rights, the latter benefitting from an identical deadline for responding to the opposition.  
 
CHAPTER II  
 
Administrative process  
 
Article 9.  
 
Legitimacy to practice the acts  
 
 Anyone who has interest in practicing legal acts at the Instituto Nacional da Propriedade 
Industrial, I. P. (INPI, I. P.) has legitimacy to do so.  
 
Article 10.  
 
Legitimacy to practice acts  
 
 1 – Acts and terms of the procedure can only be executed by:  
 a) The interested party or owner  of the right, if the latter is  established or domiciled in 
Portugal , or by a party who is established or domiciled in Portugal and is not an offi cial industrial 
property agent, attorney or solicitor, exhibiting  a letter of attorney to tha t effect;  
 b) The interested party or owner  of the right if the latter  is established or domiciled in a 
foreign country;  
 c) An official industrial property agent;  
 d) An appointed attorney or solicitor.  
 2 – Application s for declaration of revocation and requests for annulment or declaration 
of nullity that must be submitted to the INPI, I. P., along with all acts pertaining to such 
procedures, can only be made by an official industrial property agent, attorney or solicitor.  
 3 – The persons mentioned in sub -paragraph b) of no. 1 shall:  16 
  a) Indicate an address in Portugal; or  
 b) Indicate a n e-mail address or fax number.  
 4 – The entities mentioned in the previous number shall always have access to the file 
and may obtain a copy of it in electronic format or photocopies of the documents that are of 
interest , which shall be duly authenticated, upon request.  
 5 – In the cases provided for in no. 3, notifications shall be sent , for all legal intents and 
purposes, to the address in Portugal, to the e -mail address or to the fax number indicated by the 
interested party, owner  of the right or representative.  
 6 – When the parties are represented by a proxy, notifications shall be sent directly to 
him or her.  
 7 – Barring any indication to the contrary by the applicant  or owner  of the right, 
notifications shall be addressed to the last proxy who intervened in the proc eedings, regardless 
of the person who paid the maintenance fees.  
 8 – If irregularities or omissions have occurred during the execution of a certain act, the 
party shall be directly notified to comply with the applicable legal provisions within an 
inextens ible period of one month, otherwise the said act shall be considered null and void, but 
without losing the date attributed to the application  and the priorities it is entitled to.  
 
Article 11.  
 
Form  of practicing the acts  
 
 1 – The acts mentioned in the present Code and the communications between the INPI, 
I. P. and interested parties shall preferably be performed  via electronic data transmission.  
 2 – When an act is practiced via electronic transmission of data , all other ac ts, including 
communications with the INPI, I. P. shall preferably take place in the same manner.  
 3 – Qualified or advanced electronic signing of the acts practiced by the interested 
parties or by the INPI, I. P. shall replace and dispense with the handwr itten signature on paper 
for all intents and purposes, as long as the requirements of the State Electronic Certification 
System are complied with.  
  
Article 12.  
 
Date of the application  
 
 1 – Barring the exceptions stipulated in the present decree -law, the date of the 
application for the patent, utility model or registration shall be the date when the application  
was submitted together with all the elements  stipula ted in no. 3 of article 61., no.  3 of article 
63., no. 3 of article 126., no. 3 of article 183., no. 3 of article 222. and no. 2 of article 284 .  
 2 – If the application s are submitted via e -mail, with all the elements  stipulated in the 
previous number, the date of the application  is considered to be the date of registration or of 
the ex pedition stamp.  
 3 – When two  application s pertaining to the same right are simultaneous or have  the 
same application  date, the y shall not be implemen ted without the interested parties having first 
resolved said issue via agreement or in a court of law or court of arbitration with the appropriate 
jurisdiction.  
 4 – If the application  is not accompanied by all the elements  stipulated in no. 1, the 
application  date shall be one on which the last of these elements  was submitted.  
 5 – If the design or model, trade mark,  logotype , appellation of origin  or geographical 
indication has been changed with regard to  any essential information before initial publication, 
the date of the application  shall be the date on which the change was requested.  17 
  6 – Without prejudice to  the provisions of no. 4 of article 50. and no. 3 of article 119 ., if 
subsequent to the examination it is determined that the application  for the patent, utility model 
or regist ration was not correctly formulated, the applicant  shall be notified to make the 
submission in the manner that has been indicated to said party.  
 7 – Before a decision is issued, the applicant  may, at his or her initiative, reformulate 
the application  in a manner that is different from the one that was initially submitted.  
 8 – Once the decision is issued, the applicant , during the course of the appeal time 
period or if an appeal has been launched, may up until final judgment is rendered, transfer the 
right s ensuing from the application , limit their subject matter or add documents or statements 
to the proceedings.  
 9 – In the case provided for in the previous number and taking into account a possible 
appeal, any other interested party may add documents or statements to the proceedings.  
 10 – In the cases provided for in nos. 6 and 7, the request shall be published in the 
Industrial Property Bulletin, taking into account the applicant ’s initial request date and the 
priorities said party is entit led to.  
 11 – Up until the moment of the decision, other formal corrections may be authorised, 
as long as a reasoned request is made, and said corrections  shall be the object  of a publication.  
 12 – The priority date set in accordance with the provisions o f the following article shall 
count as the request date for the purpose of no. 3 of the present article.  
 
Article 13.  
 
Priority and claiming the right of priority  
 
 1 – Anyone who has regularly submitted a n application  for a patent, utility model, utility 
certificate, invention author certificate , registration of design or model , or trade mark, in any 
Union or  WTO country or any inter -governmental organisation with sufficient powers to grant 
rights that are enforceable in Portugal, shall, just like his or h er successor, when submitting a n 
application  in Portugal, be entitled to priority as established in article 4. of the Paris Convention 
for the Protection of Industrial Property.  
 2 – Any application  formulated and classified as a regular national application  in 
accordance with the internal law of each Member State of the Union or the WTO or bilateral or 
multi -lateral treaties signed between countries that are members of the Union or the WTO, shall 
result in entitlement to priority.  
 3 – A regular national application  shall be any application  that was made under 
conditions that allow establishment of the date when it was submitted in the country in 
question, regardless of what circumstances may subsequ ently affect it in any way.  
 4 – Consequentially, an application  that is subsequently submitted in Portugal before 
the priority time period has expired cannot be invalidated by facts that have occurred during 
that period, namely by another period or by the  publication of the invention, design or model 
or its exploitation.  
 5 – A subsequent application  that has the same subject matter as a previous application  
shall be considered the first application , whose submission date shall signal the beginning of the 
priority time period, as long as at the date of submission of the subsequent application , the 
previous application  has been withdrawn, abandoned or refused without having been submitted 
to public examination, without having ceased to replace rights and wit hout also having served 
as a basis for claiming the right of priority.  
 6 – In the case provided for in the previous number , the previous application  cannot 
once again serve as a basis for claiming the right of priority.  
 7 –Anyone who wishes to claim the priority of  previous application  shall formulate a 
declaration indicating the country, date and number of that application , and said declaration 
may be submitted within a period of one month counted from the end of the priority time 18 
 perio d, when  dealin g with a registration application , a period of four months counted from the 
end of the priority period, when  dealing with a patent or utility model application . 
 8 – If various priorities are claimed in one application , the time period shall be that of 
the older priority date.  
 9 – A priority or an application  for a patent, utility model or design , or model registration 
cannot be refused because a n applicant  has claimed multiple priorities, even if they originate  
from different countries , or because a n appl ication  that claims one or more priorities  contains 
one or more elements  that were not included in the application s whose priority is claimed, on 
the condition that, in both cases, there is unity of invention or creation in the case of designs or 
models.  
 10 – Priority cannot be refused on the basis that certain elements  of the invention or, if 
dealing with designs or models, of the creation for which priority is claimed, are not included 
among the claims made or among the reproductions of the designs or models included in the 
application  in the country of origin, as long as the group of components of the application  
precisely indicates those elements . 
  
Article 14.  
 
Proof of right of priority  
 
 1 – The INPI, I. P. may require that the person who claims a right of priority must submit 
a certified copy of the first application , of the certificate attesting to the date of its submission 
and, if necessary, a translation into Portuguese, within a period of tw o months counted from 
the date of the respective notification.  
 2 – The time period provided for in the previous number may be extended only once 
and for a period of one month.  
 3 – Submission of a copy of the application  within the time periods establishe d in the 
previous numbers shall not be subject to any fee.  
 4 – Lack of compliance with the provisions of the present article shall entail the loss of 
the claimed right of priority.  
  
Article 15.  
 
Corrections  
 
 If before publication of the notice in the In dustrial Property Bulletin any irregularities 
are detected, the applicant  shall be notified to undertake the necessary corrections.  
 
Article 16.  
 
Notifications  
 
 1 – The parties that participate in the administrative process shall be notified of the final 
decisions of the INPI, I. P. and such notifications shall be made exclusively via publication in the 
Industrial Property Bulletin whenever a granting decision has been issued wit h respect to cases 
in which no opposition has been  submitted . 
 2 – If there are complaints  in any case , the applicant  shall be immediately notified of 
them by the INPI, I. P . 
 3 – Identical notifications are also made with respect to contestations,  observa tions , 
application s for revocation and other procedural components added to the case.  19 
  4 – In the cases stipulated in no. 1 in which notification is exclusively made through 
publication in the Industrial Property Bulletin, INPI, I. P. shall notify the applicants  of that 
publication via the means deemed appropriate.  
 
Article 17.  
 
Deadlines for complaints and contestations  
 
 1 – The deadline for submitting complaints or in the cases stipulated in no. 1 of article 
226. and no. 1 of article 286 . for third party observations, shall be two months counted from 
publication of the application  in the Industrial Propert y Bulletin.  
 2 – The applicant  may respond to the complaints , or in the cases stipulated in no. 1 of 
article 226 . and no. 1 of article 286 ., to third party observations, in  the reply to the opposition , 
within  a period of two months counted from the respect ive notification.  
 3 – When no decision has yet been issued regarding the application  and it is deemed 
necessary to better clarify the case, further additional observations may be accepted.  
 4 – During the course of the time peri ods established in nos. 1 and 2, the INPI, I. P. may 
grant a single extension of one more month, in terms of the time period for complaints, 
contestations or submission of third -party  observations, in accordance with no. 1 of article 226. 
and no. 1 of arti cle 286., and the counterparty shall be notified if it is granted.  
  
Article 18.  
 
Suspension of the  examination  
 
 1 – At the request of the interested party and when applicable, with agreement from  
the counterparty, the examination of the file can be suspended for a period of no more than six 
months that cannot be extended.  
 2 – The examination may also be suspended ex officio or at the request of the interested 
party for the period during which there is a prejudicial cause that is liable to affect the  decision 
regarding the  examination . 
 
Article 19.  
 
Addition and return of documents  
 
 1 – Documents are added to the written pleading that claims  the facts that they refer 
to. 
 2 – When it has been shown that it was impossible to obtain them in a timely fashion, 
they can be added to the proceedings via authorisation  decision , and in such cases the 
counterparty shall be notified.  
 3 – Addition of irrelevant or unnecessary documents shall be refused, even if they are 
added in a timely fashion, along with all other written documents that have been drafted in a 
disrespectful or inconvenient manner, or when such documents unnecessarily repeat 
allegations  that have already been made.  
 4 – The documents referred to in the previous number shall be returned to the parties, 
who  shall be notified via notice and via their legal representative, in order to receive them in a 
timely fashion, otherwise they will be filed outside of the case file.  
 5 – The notifications mentioned in the previous number sh all also be addressed  to the 
parties.  
 
Article 20.  20 
  
Inspections  
 
 1 – In view of supporting or clarifying the allegations laid out in the case, the interested 
party may make a reasoned request to INPI, I. P. for an inspection of any establishment or other 
location and the request may not be granted without the subject of the inspection being heard.  
 2 – Expenses resulting from the inspection shall be paid by the party who requests them.  
 3 – The party that requested the diligence may cancel it at will befor e it starts.  
 4 – The amounts that are deposited shall be returned at the request of the interested 
party when cancellations are made in a timely manner or when the inspection request has been 
denied.  
 5 – The inspection may also be conducted upon initiati ve of the INPI, I. P. if it is believed 
that it is indispensable  to full clarification of the case.  
 6 – Refusal of cooperation, as requested by INPI, I. P. from the participants in any case, 
in view of clarifying the situation shall be freely assessed whe n making the decision, 
notwithstanding reversal of the burden of proof when the counterparty has culpably made it 
impossible to do so.  
 
Article 21.  
 
Subsequent formalities  
 
 Once the time periods stipulated in article 17 and 18 have expired , the content of what 
was stated by the parties will be examined and assessed, after which a report shall be made for 
the proceedings and a decision issued.  
 
Article 22.  
 
Modification of the decision  
 
 1 – If within a period of two months after publication of a decision it is recognised that 
it must be modified, the case shall be submitted for a decision from  a higher level with 
information on the reasons recommend ing revocation of the decision that was rendered.  
 2 –A decision from a higher level shall be a decision that is rendered by a hierarchical 
superior of the person who signed the decision to modify.  
 3 – When a request for decision modification is submitted, if there are parties to respond 
to it they shall be notified within a period of one month, and this period may be extended only 
once for the same period of time at the request of the interested party.  
 4 – When no decision has yet been issued regarding the decision modification request 
and it is deemed necessary to have it in order to provide further information on the case, 
additional observations may be accepted.  
 5 – When applicable, decision modification requests that are based on the existence of 
a prior trade mark shall be subject to the procedures stipulated in articles 227 and 230 with the 
necessary adaptations.  
 6. The INPI, I. P. orders mentioned in no. 2 of article 34 shall be excluded from the 
present article.  
 
Article 23.  
 
General grounds for refusal  
 
 1 – The following are considered general grounds for refusal:  21 
  
 a) Failure to pay required fees;  
 b) Failure to submit the elements  necessary for full fact finding in the case;  
 c) Failure to observe the formalities or procedures that are essential to gran ting the 
right;  
 d) Submission of a request whose subject matter is impossible or unintelligible.  
 
 2 – In the cases provided for in the previous number , the requested act cannot be 
submitted for a decision without the applicant  being notified in advance to correct it within the 
time period stipulated therein.  
  
Article 24.  
 
Change or correction of non -essential elements  
 
 1 – Any change or correction that does not affect the elements  that are essential and 
characteristic of the patent, utility model or registration can be authorised in the same case.  
 2 – No request for change or correction, provided for in the present article can be 
received if there is a declaration of revocation case pending with respect to the same industrial 
property right.  
 3 – The changes or corrections mentioned in no. 1 shall be published, for appeal 
purposes, in accordance with articles 38 and subsequent articles and included in the respective  
files. 
 
Article  25. 
 
Documents added to other  files  
 
 1 – With the exception of the letter of attorney, which is always attached to each case, 
even if the applicant  is represented by the same proxy, documents that are to be used to 
formulate the applications  may be attached to one of them and referred to in the others.  
 2 – In the event of an appeal , as provided for in articles 38. and subsequent, the 
appellant shall be obliged to complete, at his or her own expense , using certificates, the files in 
which suc h documents were mentioned.  
 3 – Lack of compliance with the provisions of the previous numbers shall be mentioned 
in the notice of court submission.  
  
Article 26.  
 
Submission of concession titles  
 
 Titles pertaining to the granting  of industrial property rights shall only be issued and 
submitted to titleholders upon request one month subsequent to the end of the appeal time 
period, or if the appeal has been lodged, after the court decision or final arbitration ruling has 
been handed  down.  
 
Article 27.  
 
Counting of deadline time periods  
 
 The deadline time period stipulated in the present Code shall be continuous.  
 22 
 Article 28.  
 
Publication  
 
 1 – The parties and general public shall be notified of acts that are to be published via 
the Industrial Property Bulletin.  
 2 – Publication in the Industrial Property Bulletin shall serve as direct notification of the 
parties and barring any provision to the contrary, it shall mark the start of the time periods 
provided for in this Code.  
 3 – The parties or any other interested parties may request th at the INPI, I. P. issue them 
a certificate of the final decision pertaining to the request and respective reasoning, even before 
the corresponding notice has been published in the Industrial Proper ty Bulletin.  
 4 – Any interested person may also request a certificate of the elements  that have been 
included in the  files, but only when the elements  are in the publication stage, there is no 
prejudice to the rights of third parties, and there are no doc uments that are classified or that 
reveal trade or industrial secrets.  
 5 – In any case, the publication stage shall be considered reached when the application  
has been published in the Industrial Property Bulletin.  
 6 – Notwithstanding, the provisions of the previous numbers, INPI, I. P. may supply 
information regarding registration of trade mark s, logotypes , rewards , appellations  of origin and 
geographical indications, even before the publication stage has been reached.  
 
Article 29.  
 
 Entry in the Registry  
 
 1 – The following are subject to entry in the registry of the INPI, I. P.:  
 a) Transfer and renunciation of private rights;  
 b) Granting of exploitation , contractual or compulsory licenses;  
 c) Establishment of rights of guarantee or usufruct, along with liens, seizure and other 
apprehension of goods performed legally;  
 d) The filing of legal actions declaring nullity or annulment, the court filing of 
counterclaims for the same purpose and application s for declaration of nullity or annulment of 
private rights submitted to INPI, I. P.;  
 e) Facts or decisions that modify or extinguish private rights;  
 f) Regulations for use of collective trade mark s and certification or guarantee trade 
mark s, along with respective changes.  
 2 – The facts referred to in the previous number shall only take effect in relation to third 
parties after the date of the respective entry  in the reg istry . 
 3 – Facts that are subject to entry  in the registry , but not yet  entered in the registry , may 
be invoked between the parties or their successors.  
 4 –Entry in the registry  shall be performed at the request of any interested party, 
formulated in acc ordance with the documents proving the fact that they pertain to.  
 5 –Facts entered in the registry are also entered into the title, when it exists.  
 6 – Notice of the entry  in the registry  shall also be published in the Industrial Property 
Bulletin.  
 
CHAP TER III  
 
Transfer of licenses  
 
Article 30.  23 
  
Transfer  
 
 1 – Rights ensuing from patents, utility models, registration of semiconductor 
topography, designs or models and trade mark s can be transferred fully or , with the exception 
of rights ensuing from patents, utility models and registrations of semiconductor topography,  
partially, free of charge or at a cost.  
 2 – The provisions of the previous number shall apply to the rights ensuing from the 
respective application s. 
 3 – If the logotype or trade mark  contains the individual name, trade name or corporate 
name of the individual or person applying for  the respective registration, or of someone whom 
he or she represents, a clause shall be necessary for its transfer.  
 4 – A transfer via inter vivos  act sha ll be proven via written document, but if the 
recording  of the transfer is required by the transferor, the transferee shall also sign the 
document that proves the transfer or make statement attesting to acceptance of the transfer.  
 
Article 31.  
 
Contractual  licenses  
 
 1 – The rights referred to in no. 1 of the previous article may be the subject matter of 
an exploitation  license, whether total or partial, free of charge or at a cost, in a particular zone 
or throughout national territory, for the entire time of its duration or for a shorter period of 
time.  
 2 – The provisions of the previous number shall apply to rights ensuing from the 
respective applications ; however, refusal shall entail revocation of the license.  
 3 – The license contract must be in writte n form.  
 4 – Barring express stipulation to the contrary, the license e, for all legal intents and 
purposes, shall enjoy all the benefits granted to the owner  of the right that is the subject matter 
of the license, except for what is listed in the following  numbers.  
 5 – The license shall be presumed to be non -exclusive.  
 6 – An exclusive license is one in which the owner  of the right renounces the power to 
grant other licenses for the rights that are the subject matter of the license, as long as the license  
remains valid.  
 7 – The granting of an exclusive exploitation  license shall not prevent the owner  from 
also directly benefitting from the right that is the  subject matter of the license, barring 
stipulation to the contrary.  
 8 – Barring a stipulation to the contrary, the right obtained via exploitation  license may 
not be disposed of without written consent from the owner of the right . 
 9 – If the granting of sub -licenses is not provided for in the license contract, it can only  
be done with written authorisation from the owner of the right . 
 
CHAPTER IV  
 
Extinction of industrial property rights  
 
Article 32.  
 
Nullity  
 
 1 – Patents, utility models and registrations shall be full y or partially null:  
 a) When their  subject matter cannot be protected;  24 
  b) When during the respective granting certain essential procedures or formalities have 
been omitted in order to grant the right;  
 c) When rules of public order have been violated.  
 
 2 – Nullity cannot be invoked by any interested party at any time.  
 
Article 33.  
 
Annullability  
 
 1 – Patents, utility models and registrations shall be fully or partially annullable when 
the owner  is not entitled to them, namely:  
 a) When the right does not belong to him or her;  
 b) When they have been granted while omitting the rights stipulated in articles 57. to 
59, 123., 124., 156., 157., 180., 181., and 212 . 
 
 2 – In the cases provided for in sub -paragraph b) of the previous number the interested 
party may, instead of the annu lment and as long as the proper legal conditions have been met, 
request full or partial reversal of the right in his or her favour.  
 
Article 34.  
 
Procedures for declaring nullity and annulment  
 
 1 – A declaration of nullity or annulment of patents, supplem entary protection 
certificates , utility models and semiconductor topography can only result from a court decision.  
 2 – A declaration of nullity or annulment of registrations of designs or models, trade 
mark s, logotypes , appellation s of origin, geographical indications and rewards  shall ensue from 
an INPI, I. P. decision , unless it ensues from a count erclaim application  lodged against an action 
that is running its course in the courts.  
 3 – The Public Prosecutor or any interested party shall be legitimately entitled to 
institute the legal actions m ention ed in the previous number, and a summons shall be served to 
all pers ons, in addition to the owner  of the registered right, who at the date of publication of 
the entry  in the registry stipulated in sub -paragraph d) of no. 1 of article 29, have requested an 
entry  in the registry of derived rights at the INPI, I. P. and also the Public Prosecutor whenever 
it acts in representation of the State or absent parties.  
 4 – Any interested party shall be legitimately entitled to submit the application s referred 
to in the first part of no. 2 and a summons or notification shall be served to all persons, in 
addition to the owner  of the registered right, who at the date of publication of the entry  in the 
registry  stipulated in sub -paragraph d) of no. 1 of article 29, have requested an entry  in the 
registry of derived rights at the INP I, I. P . 
 5 – In the cases provided for in no. 1 , when final judgment is rendered, the court’s clerk 
shall submit said decision to the INPI, I. P., whenever possible always via electronic transmission 
of data or in a format considered suitable, for the pur pose of publishing the respective text and 
the corresponding notice in the Industrial Property Bulletin, along with the respective entry  in 
the registry . 
 6 – Whenever the legal actions mentioned in no. 1 and in the final part of no. 2 are 
instituted , the court shall communicate such a fact to the INPI, I. P., if possible via electronic 
transmission of data for the purpose of the respective entry  in the registry . 
 7 – Legal actions for annulment and annulment application s submitted to the INPI, I. P. 
shall be instituted or submitted within a period of five years counted from the decision issued 
for granting the patents, utility models and registrations pertaining to them.  25 
  
Article 35.  
 
Effects of the declaration of nullity  
 
 The retroactive efficacy of the declaration of nullity or annulment shall not prejudice the 
effects produced in compliance with any obligation, final judgment , transaction – even if not 
ratified – or as a result of acts of an analogous nature.  
 
Article 36.  
 
 Revocation  
 
 1 – Industrial property rights shall expire regardless of their invocation:  
 a) When their duration period has expired;  
 b) When the fees have not been paid.  
 2 – The causes of revocation not stipulated in the previous number only take effect if 
invoked by any  interested party.  
 3 – Any interested party may request  an entry  in the registry  of the revocation provided 
for in no. 1 if it has not been done.  
  
Article 37.  
 
Renunciation  
 
 1 – The owner  may renounce his or her industrial property rights, as long as he  or she 
expressly declares such at the INPI, I. P . 
 2 – Renunciation may be partial, when the nature of the right permits.  
 3 – The declaration of renunciation shall be made in a request that is attached to the 
respective case.  
 4 – If the renunciation request has not been signed by the person in question, his or her 
representative must add a letter of attorney with special powers.  
 5 – Renunciation shall not prejudice the derived rights that have been entered in to the 
registry , as long as t he owner s, duly notified, have substituted the owner  of the main right to 
the extent necessary for safeguarding those rights.  
 
CHAPTER V  
 
Appeals  
 
SUB-CHAPTER I  
 
Judicial appeal  
 
Article 38.  
 
Decisions subject to appeal  
 
 Decisions rendered by the INPI, I. P. may be appealed by the court with the applicable 
jurisdiction:  
 a) Granting or refusing industrial property rights;  26 
  b) Regarding transfers, licenses, declarations of  revocation , declarations of nullity and 
annulments, or any other acts that af fect, modify or extinguish industrial property rights.  
 
Article 39.  
 
Court of applicable jurisdiction  
 
 1 – The intellectual property court shall preside over the appeals stipulated in the 
previous article.  
 2 – For the purposes stipulated in article 80 to 92 of Regulation (EC) no. 6/2002 of the 
Council of 12 December 2001 and articles 123 to 133 of Regulation (EU) no. 2017/1001 of the 
European Parliament and of the Council of 14 June 2017, the intellectual property court shall 
have the appropr iate jurisdiction.  
 
Article 40.  
 
Legitimacy  
 
 1 – Parties who may legitimately appeal the decisions of the INPI, I. P. include the 
applicant  and the  opponents , along with the party who is directly and effectively prejudiced by 
the decision.  
 2 – In an accessorial fashion, anyone who although not an appellant, demonstrates an 
interest in maintaining the decision of the INPI, I. P . 
  
Article 41.  
 
Deadline  
 
 The appeal shall be lodged within a period of two months counted from the date of 
publication in th e Industrial Property Bulletin of the decisions mentioned in article 38, the final 
decision to maintain or revoke the respective certificate, rendered in accordance with article 
22., or the date of issue of the respective certificates requested by the appe llant when they are 
issued first.  
 
Article 42,  
 
Response -delivery  
 
 1 – Once the file has been distributed, the INPI, I. P. shall receive a copy of the petition 
with the respective documents, so that the entity that issued the appealed decision may respond 
as it deems fit and deliver or decide to deliver to the court the case that said decision pertained 
to. 
 2 – If the case contains sufficient information to inform the court, it is sent within a 
period of 10 days, accompanied by a delivery notice.  
 3 – Otherwise, the delivery notice, containing the response to what the appellant has 
alleged in his or her petition, shall be sent along with the case, within a period of 20 days.  
 4 – When for justified reasons the deadlines established in the previous numbers cannot 
be met, INPI, I. P. shall request that the court undertake the respectiv e extension in a timely 
fashion for the amount of time and in accordance with the terms deemed necessary.  
 5 – The communications mentioned in the present article shall be made, whenever 
possible, via electronic data transmission.  
 27 
 Article 43.  
 
Summons of the counterparty  
 
 1 – Once the case is received by the court , the counterparty, should there be one, shall 
be summoned, in order to respond, if so willing, within a period of 30 days.  
 2 – The party shall be served a summons at the office of his or her le gal representative, 
or if there is none, at the office of the industrial property official agent who represented the 
party during the administrative process; in such cases, however, the party is cautioned that he 
or she can only intervene in the case throu gh a legal representative.  
 3 – Once the response time has expired, the case shall be concluded for final decision, 
which shall be rendered within a period of 30 days, barring any duly justified impediments.  
 4 – The ruling that revokes or changes, fully or partially the appealed decision shall 
replace it in accordance with the exact terms under which it was rendered.  
 5 – Under no circumstances shall INPI, I. P. be considered a counterparty.  
 
Article 44.  
 
Requisitioning of technicians  
 
 During the a ppeal , when  an issue that requires more information arises or when the 
court deems convenient, it can at any time request the appearance of  the technician or 
technicians whose opinion was used to issue the appealed decision at the time and place it 
determi nes, in order to provide the necessary clarifications in a verbal manner.  
 
Article 45.  
 
Appeal of the court’s decision  
 
 1 – The rendered ruling may be appealed in accordance with civil procedure legislation 
at the Court of Appeals that has  jurisdiction over the district where the head office of the 
intellectual property court is located, notwithstanding the provisions of no . 3. 
 2 – The rulings of the intellectual property court that allow for appeals, in accordance 
with the terms of the general framework of administrative offences and articles 80 to 92 of 
Regulation (EC) no. 6/2002 of the Council of 12 December 2001 and art icle 123 to 133 of 
Regulation (EC) no. 2107 /1001 of the European Parliament and of the Council of 14 June 2017 , 
may be challenged at the Court of Appeals with jurisdiction over the district where the head 
office of the intellectual property court is locat ed. 
 3 – The Court of Appeals ruling may not be appealed at the Supreme Court of Justice, 
notwithstanding cases in which an appeal is always admissible.  
  
 
Article 46.  
 
Publication of the final decision  
 
 The provisions of no. 5 of article 34 shall apply to appeals.  
 
SUB-CHAPTER II  
 
Arbitration appeal  
 28 
 Article 47.  
 
Court  of arbitration  
 
 1 – Notwithstanding the possibility of use of other extra -judicial mechanisms to resolve 
disputes, a court of arbitration may be set up to resolve all matters that m ay be subject to judicial 
appeal.  
 2 – Excepted from the previous number are cases in which there are counterclaimants, 
unless they accept to be bound by arbitration.  
 3 – The court of arbitration may decide to publish the decision in accordance with no. 5  
of article 34.  
 
Article 48.  
 
Arbitration bond  
 
 1 – An interested party who wishes to go to arbitration within the scope of the disputes 
provided for in the previous article may request the signing of an arbitration bond, in accordance 
with the voluntary arbitration law and agree to submit the dispute to arbitration.  
 2 – Submission of a request in accordance with the previous number shall suspend the 
time periods for judicial appeal.  
 3 – Notwithstanding the provisions of the following number, t he signing of an arbitration 
bond by the INPI, I. P. shall be subject to a decision from the President of the Directive Council  
to be issued within a period of 30 days counted from the date on which the request is submitted.  
 4 – INPI, I. P. may be generally bound to arbitration centres in a voluntary and 
institutionalised manner with powers to resolve the conflicts mentioned in n o. 1 of the previous 
article, via decision of the member of the government responsible for this Institute, which 
establishes the type and maximum value of the disputes involved, granting the interested 
parties the power to go to these centres to resolve di sputes.  
 5 – Whenever the INPI, I. P. is bound in accordance with the terms of the previous 
number and the counterparty accepts it, the arbitration ruling that is rendered may be appealed 
at the Court of Appeals with jurisdiction over the district where th e head office of the intellectual 
property court is located, in accordance with civil procedure legislation.  
 
Article 49.  
 
Establishment and operation  
 
 The court of arbitration shall be established and shall function in accordance with 
voluntary arbitrati on legislation.  
 
TITLE II  
 
Industrial property legal frameworks  
 
CHAPTER I  
 
Inventions  
 
SUB-CHAPTER I  
 
Patents  29 
  
SECTION I  
 
General provisions  
 
Article 50.  
 
Object  
 
 1 – New inventions that entail inventive activity may be the subject matter of a patent 
if they have an industrial application, even when they involve a product that consists of 
biological material or that contains biological material, or a process that al lows for production, 
treatment or use of biological material.  
 2 – Patents may be obtained for any inventions, whether they involve products or 
processes, in all areas of technology, as long as those inventions respect what has been 
established in the prev ious number.  
 3 – New processes used to obtain products, substances or compositions that are already 
known may also be patented.  
 4 – The protection of an invention that pertains to the conditions established in no. 1 
can be chosen to be made by the applic ant in the form of a patent or utility model.  
 5 – The same invention may be the subject matter of a patent application  and 
application  for a utility model.  
 6 – Submission of the application s mentioned in the previous number can only be 
permitted within t he period of one year counted from the date of submission of the first 
application . 
 7 – In the cases provided for in no. 5, the utility model shall expire after a patent has 
been granted for the same invention.  
 
Article 51.  
 
Limitations regarding the subject matter  
 
 1 – The following shall be excepted from the provisions of the previous article:  
 a) Discoveries, along with scientific theories and mathematical methods;  
 b) Materials or substances that already exist in nature and nuclear materials;  
 c) Aesthetic creations;  
 d) Projects, principles and methods of exercising intellectu al activities involving games  
or economic activities, along with computer programmes without any technical contribution;  
 e) Information presentations.  
 2 – The provisions of  the previous number shall only exclude patentability when the 
subject matter for which the patent is requested is limited to the elements mentioned in it.  
 
Article 52.  
 
Limitations of the patent  
 
 1 – Inventions for which commercial exploitation is illegal, counter to the public order, 
public health and proper customs shall not be patentable and they cannot be exploited  if they 
are prohibited by law or regulation.  
 2 – Pursuant to the terms of the p revious number, the following shall not be patented:  
 a) Processes for cloning human beings;  
 b) Processes for modifying the germinal genetic identity of human beings;  30 
  c) Use of human embryos for industrial or commercial purposes;  
 d) Processes for modifying the genetic identity of animals that may cause them suffering 
without any substantial medical usefulness for humans or the animal, along with the animals 
obtained for those processes.  
 3 – The following may also not be patented:  
 a) The human bod y, during the various stages of its form and development, along with 
the mere discovery of one of its elements, including the sequence or partial sequence of a gene, 
notwithstanding the provisions of sub -paragraph c) of no. 1 of the following article;  
 b) Plant  varieties or animal breeds, along with processes that are essentially biological 
for obtaining plant s or animals and the plant s or animals that are obtained exclusively via these 
processes;  
 c) Surgical or therapeutic treatment methods for the human or animal body and 
diagnostic methods applied to the human or animal body, and the products, substances or 
compounds used in any of these methods can be patented.  
 
Article 53.  
 
Special patentability cases  
 
 1 – The following can be patented:  
 a) A substanc e or composition included in the state of the art  for use in a method listed 
in sub -paragraph c) of no. 3 of the previous article, under the condition that such  use, for any of  
the methods mentioned therein, is not included in the state of the art;  
 b) The  substance or compound referred to in the previous sub -paragraph for any other 
specific use in a method listed in sub -paragraph c) of no. 3 of the previous article, as long as that 
use is not included in the state of the art;  
 c) A new invention that entails inventive activity and has an industrial application and 
that applies to any isolated part of the human body or is produced in another manner via 
technical process, including the sequence or partial sequence of a gene, even if the structure of 
that element is identical to a natural element, as long as the industrial application of a sequence 
or a partial sequence of a gene is specifically observed and shown in the patent application ; 
 d) Notwithstanding sub -paragraph b) of no . 3 of the previous article, an invention whose 
subject matter is plant s or animals, if it’s technical executability is not limited to a certain variety 
of plant  or animal breed;  
 e) A biological material that is isolated from its natural environment or th at is produced 
using a technical process, even if it already exists in a natural state;  
 f) An invention whose subject matter is a microbiological process or other technical 
processes or products obtained via those processes.  
 2 – An essentially biological process for obtaining plant s or animals is any process that 
consists entirely of natural phenomena, such as cross -breeding or selection.  
 3 – A microbiological process is any one that uses a microbiological material that 
inclu des an intervention involving a microbiological material or that produces a microbiological 
material.  
 4 – Any material that contains genetic information and which is self -replicating or 
replica ble within a biological system is a biological material.  
 
Article 54.  
 
Patentability requirements  
 
 1 – An invention is considered new when it is not included in the state of the art.  31 
  2 – An invention is considered to entail  inventive activity if a  person skilled in the art  
deems that it does not evid ently ensue from the state of the art.  
 3 – The documents mentioned in no. 2 of the following article are not taken into account 
when assess ing the inventive activity mentioned in the previous number.  
 4 – An invention is deemed likely to have an industria l application if its subject matter 
can be manufactured or used in any type of industry or in agriculture.  
 
Article 55.  
 
State of the art  
 
 1 – State of the art consists of all that inside or outside of Portugal has been made 
accessible to the public before the date of the patent application , via description, use or by any 
other means.  
 2 – Also deemed to be included in the state of the art is  the content of the application s 
for patents and utility models requested prior to the date of the patent application , for 
enforcement in Portugal and not yet published, as long as they are published on the same date 
or at a date that is later than the pat ent application  date.  
 3 – For the purposes of the present article , the priority date granted in accordance with 
article 12 shall count as the application  date.  
  
Article 56.  
 
Non -prejudicial disclosures  
 
 1 – The following shall not negatively affect the novelty  of the invention:  
 a) Disclosures at official exhibitions or exhibitions that are officially recognised by the 
Convention on International Exhibitions if the request for the respective patent is submitted in 
Portugal within a period of six months;  
 b) Disclosures resulting from evident abuse of the inventor or his or her successor in any 
form, or from any publication unduly made by the INPI, I. P . 
 2 – The provision of sub -paragraph a) of the prev ious number shall only apply if t he 
applicant  proves within one month from the date of the patent application  that the invention 
was in fact shown  or disclosed in accordance with the terms stipulated in the aforementioned 
sub-paragraph, thereby submitting a certificate issued by the entity responsible for the 
exposition, indicating the date on which the invention was first shown or disclosed at that 
exposition, along with identification of the invention in question.  
 3 – At the request of the applicant , the  time period stipulated in the previous number 
may be extended one single time for an equal period.  
  
 
Article 57.  
 
General rule regarding the patent right  
 
 1 – The patent right shall belong to the inventor or his or her successors in any form.  
 2 – If there are two or more authors of the invention either one shall be entitled to apply 
for the patent on behalf of all the authors . 
 
Article 58.  
 
Special rules regarding ownership of the patent  32 
  
 1 – If the invention is made during execution of an employment contract in which the 
inventive activity is provided for, the patent right shall belong to the respective company.  
 2 – In the case referred to in the previous number, if the inventive activity is not specially 
remunerated , the inventor shall be  entitled to be remunerated in accordance with the 
importance of the invention.  
 3 – Regardless of the conditions stipulated in no. 1:  
 a) If the invention is part of the company’s business activity, the company  shall be 
entitled to an option on the patent  via remuneration in accordance with the importance of the 
invention and it may have priority or reserve the right to exclusive exploitation , acquisition of 
the patent or the option of applying for  or acquiring a foreign patent;  
 b) The inventor shall info rm the company of the invention that he or she has made, 
within a period of three months as of the date when the invention was considered concluded;  
 c) If during that period, the inventor applies for  a patent for that invention, the time 
period for inform ing the company shall be one month as of submission of the respective 
application  to the INPI, I. P.;  
 d) Failure to comply with the obligations mentioned in sub -paragraphs b) and c) by the 
inventor shall imply civil and employment liability, pursuant to a pplicable general terms;  
 e) The company may exercise its right of option within a period of three months as of 
the date of reception of the inventor notification.  
 4 – If in accordance with the provisions of sub -paragraph e) of the previous number, the 
remuneration payable to the inventor has not been fully paid within the established time period, 
the company shall forfeit the right to the patent mentioned in the previous numbers to the 
inventor.  
 5 – Inventions whose patent application has been filed  during the year subsequent to 
the date when the inventor leaves the company  shall be considered made during execution of 
the employment contract.  
 6 – If the parties fail to reach an agreement under the circumstances stipulated in nos. 
2 and 3, the matter  shall be resolved via arbitration.  
 7 – Barring an agreement to the contrary, inventions that are made to order shall be 
subject to the provisions of nos. 1, 2, 4 and 5 with the necessary adaptations.  
 8 – Barring a provision to the contrary, the previous te rms shall apply to the Public 
Administration and its workers and staff members employed in any shape or form, 
notwithstanding the following article.  
 9 – Rights that are recognised as belonging to the inventor may not be subject to prior 
renunciation . 
 
Article 59.  
 
Research and development activities  
 
 1 – Inventions created by the workers or staff members of the public collective legal 
person as a result of their research activities shall belong to the collective legal person whose 
statutory scope includes  research and development activities.  
 2 – The author of the inventions referred to in the previous number shall give notice of 
them to the public collective legal person that the worker or staff member works for within a 
period of three days.  
 3 – The inventor shall, whatever the circumstance, have the right to participate in the 
economic benefits offered by the public legal person in the exploitation  or assignment of the 
patent rights, with the types and terms of this participation stipulated i n the articles of 
association  or intellectual property regulations of these legal persons.  33 
  4 – A public legal person may transfer ownership of the inventions referred to no. 1 to 
the inventor and may reserve the right to retain ownership of a non -exclusiv e exploitation  
license that is non -transferrable and free of charge.  
 5 – If in the case stipulated in the previous number the inventor obtains economic 
benefits from exploiting  an invention mentioned in no. 1, the public legal person shall be entitled 
to a percentage of those benefits in accordance with the terms of its articles of association  or 
the industrial property regulations of the respective institution.  
 6 – When the worker or staff member obtains the invention during and as a result of 
execution of a contract with a private or public entity that is different from the public legal 
person that he or she is a worker or staff member of, said contract shall stipulate who becomes 
the owner of the patent of that invention.  
 7 – The participation of the w orker or staff member in the economic benefits ensuing 
from exploitation of  the inventions referred to in nos. 2 to 6 shall not be of a remunerative or 
salary nature.  
 8 – The provisions of the present article shall apply without prejudice to stipulations or 
provisions to the contrary.  
 
Article 60.  
 
Inventor rights  
 
 1 – If the patent has not been filed  under the name of the inventor, the latter shall be 
entitled to be mentioned as the inventor in the patent application  and title.  
 2 – If the inventor requests so in writing, he or she may opt not to be mentioned as the 
inventor in the publications that ensue from the application . 
 
SECTION II  
 
Patent process  
 
SUBSECTION I  
 
National  route  
 
Article 61.  
 
Form of the application  
 
 1 – The patent application  shall be filed  in a n application  drafted in Portuguese 
indicating or containing:  
 a) The name, trade name or corporate name of the applicant , his or her nationality, 
domicile or place of establishment, tax number when dealing with a resident of Portugal and e -
mail address, should it exist;  
 b) An epigraph or title that summarises the subject matter of the invention;  
 c) The name and country of residence of the inventor;  
 d) The country where the first application  was filed , the date a nd number of that 
submission, should the applicant wish to claim the priority right;  
 e) Mention that a utility model was requested for the same invention, if in fact it was, 
pursuant to no. 5 of article 50.;  
 f) The signature or electronic identification of the applicant or his or her representative . 
 2 – Drawn figures used to identify the invention shall not be the  subject matter  of a 
claim.  34 
  3 – For the purpose of no. 1 of article 12, in addition to the elements  required in sub -
paragraph a) of no. 1, shall be submitted a document describing the subject matter of the 
application in a manner that permits execution of the invention by a  person skilled in the art  or 
in replacement thereof, when the priority of a previous application is claimed , indication of the 
number and date of the previous application  and the organisation where it was made.  
 
Article 62.  
 
Documents to submit  
 
 1 – The application  shall also be accompanied by the following elements  drafted in 
Portuguese:  
 a) Claims of what is considered new and which characterise the invention;  
 b) Description of the subject matter of the invention;  
 c) The designs necessary for proper understanding of the description;  
 d) Summary of the invention.  
 2 – The elements  referred to in the previous number shall respect the formal 
requirements stipulated in the decision issued by the President  of the Directive Council  of INPI, 
I. P. 
 3 – The claims shall define the subject matter of the protection that is requested and 
they must be clear, concise, correctly worded and when appropriate, based on description and 
content:  
 a) A preamble that mentions the  subject matter of the invention and the technical 
characteristics necessary for defining the claimed elements, which are part of the state of  the 
art when combined;  
 b) A characterising part pr eceded by the expression “ characterised by” indicating the 
technical characteristics in connection with the characteristics indicated in the previous sub -
paragraph, shall define the scope of the requested  protection.  
 4 – The description shall clearly indicate, without reservations or omissions, all that 
constitutes the subject matter of the invention , offering a detailed explanation of at least one 
way of executing the invention, in such a manner that a person skilled in the art would be able 
to execute it.  
 5 – Drawings shall consist of figures in a quantity that is strictly necessary to comprehend 
the invention.  
 6 – The summary of the invention to be published in the Industrial Property Bulletin  
shall : 
 a) Consist of a  brief exposition of what is mentioned in the description, claims and 
designs and preferably shall not contain more than 150 words;  
 b) Serve exclusively for technical information purposes and shall not be taken into 
consideration for any o ther purposes, namely for determining the scope of the requested 
protection.  
 7 – The elements provided for in the previous numbers may be submitted in English and 
the applicant shall be notified to submit a translation into Portuguese within a period of o ne 
month, extendable only once for an identical period of time, failing this, the application  shall be 
denied.  
 
Article 63.  
 
Provisional patent application  
 
 1 – Anyone who wishes to guarantee a patent application date, but does not yet possess 
all the elements stipulated in the previous article may submit a provisional application  and 35 
 postpone submission of those elements up until a maximum of 12 months for conver sion into a 
final patent application.  
 2 – The provisional patent application shall be filed  in a request drafted in Portuguese 
or English, indicating or containing the following:  
 a) The name, corporate name or trade name of the applicant, his or her nationality , 
domicile or place of establishment, tax number when dealing with a resident of Portugal and e -
mail, should it exist;  
 b) An epigraph or title that summarises the  subject matter of the invention;  
 c) The name and country of residence of the inventor;  
 d) The signature or electronic identification of the applicant or his or her representative;  
 3 – For the purposes of no, 1 of article 12., a date is attributed to a temporary 
application, that,  in addition to the elements required under the pre vious number , is 
accompanied by a document that describes the subject matter of the request in a manner that 
allows for execution of the invention by  a person skilled in the art . 
 4 – The applicant of a provisional application  may not claim priority of a p revious 
application.  
 5 – At the request of the applicant and up until a maximum period of 10 months counted 
from the date of the  provisional application , a search is done on the basis of the document 
mentioned in no. 3, whenever the latter contains techni cal matters that ca n be  searched . 
 
Article 64.  
 
Conversion of the provisional patent application  
 
 1 – Before the 12 month period has expired, counted from submission of the provisional 
application, this application  shall be converted into a final patent application accompanied by 
the elements stipulated in articles 61 and 61, duly drafted in Portuguese, and said conversion 
may not result in an application that is altered to the point that it contains technical mater ials 
that exceeds its content in relation to the description provided for in no. 3 of the previous article.  
 2 – If the elements stipulated in articles 61 . and 62 . are not submitted duly drafted in 
Portuguese, the conversion application  shall be refused.  
 3 – After conversion into a final patent application, an examination is conducted with 
respect to the form and limitations of the subject matter or the patent, pursuant to the terms 
stipulated in article 67 . 
 4 – The publication mentioned in article 69 sha ll be made 18 months from the date on 
which the provisional application has been requested, followed by the terms of the process 
stipulated in article 70 and subsequent.  
 5 – Whenever there has been th e conversion mentioned in no. 1, the duration of the 
patent mentioned in article 100 shall be counted from the date of the provisional application . 
 6 – When no conversion takes place the provisional application  shall be considered 
withdrawn.  
 7 – Applicants may be reminded of the time period mentioned in no. 1 in a merely 
informative manner.  
 8 – Failure to make the notification mentioned in the previous number shall not 
constitute justification for failure to comply with such a time period.  
 9 – In cases where there have been changes made to the content of the application that 
do not comply with the provisions of no. 1, the applicant shall be notified in order to make the 
respective correction, otherwise face refusal of the application.  
 
Artic le 65.  
 
Biotechnological inventions  36 
  
 1 – If an invention pertains to biological material that is not accessible to the public and 
cannot be described in the patent application in a manner that would allow it to be executed by  
a person skilled in the art , or that would allow  the use of that type of material, the description 
shall only be considered sufficient for the purpose of obtaining the patent if:  
 a) The biological material has been deposited no later than  the date of sub mission of 
the patent application at recognised deposit institutions , such as those international deposit 
institutions that have acquired such a status in accordance with the Budapest Treaty of 28 April 
1977 on the International Recognition of the Deposit of Microorganisms for the Purposes of 
Patent Procedure;  
 b) The application includes pertinent information that the applicant has with respect to 
the characteristics of the biological material that is deposited;  
 c) The patent application mentions the depo sit institution and the deposit number.  
 2 – Access to the deposited biological material shall be guaranteed via delivery of a 
sample:  
 a) No later than the first publication of the patent application, solely to persons who are 
entitled to access under national law;  
 b) Between first publication of the application and the granting of the patent to any 
person who requests it, or at the request of the depositor, solely to an independent expert;  
 c) Following the granting of the patent and even in the  event of termination of the 
patent due to invalidity or  revocation , to anyone who requests it.  
 3 – Delivery shall only be made if the person who requests it agrees to do the following 
for the duration of the patent:  
 a) Not to supply third parties with a ny sample of a biological material that has been 
deposited or any material derived from it;  
 b) Not to use any sample of the deposited material or material derived from it, except 
for experimental purposes, excepting express renunciation of the applicant o r owner  of the 
patent with respect to that commitment.  
 4 – If the patent application is refused or withdrawn, access to the deposited material 
may, at the request of the depositor, remain limited to an independent expert for 20 years 
counted from the date  of submission of the patent, in which case the provisions of the previous 
number shall apply.  
 5 – The requests of the depositor mentioned in sub -paragraph b) of no. 2 and no. 4 can 
only be submitted up until the date when the technical preparations for p ublication of the 
patent application are considered concluded.  
 6 – When the biological material deposited in accordance with the provisions of the 
previous numbers is no longer available at the recognised deposit institution, a new deposit of 
the material is permitted under the conditions stipulated in the Budapest Treaty.  
 7 – Any new deposit shall be accompanied by a statement signed by the depositor, 
certifying that the biological material that is the subject matter of the new deposit is identic al to 
the one that was initially deposited.  
 
Article 66  
 
Descriptive sufficiency  
 
 The invention shall be described in the patent application in a manner that is sufficiently 
clear and complete and which allows it to be executed by  a person skilled in the art. 
 
Article 67.  
 
Formal examination  37 
  
 1 – Once the patent application is filed  at the INPI, I. P., an examination shall be 
conducted within a period of two months in order to verify fulfilment of the minimum elements 
stipulated in no. 3 of article 61., in order to attribute a date to the application, and an a 
examination conducted pertaining to the form and limitations of the subject matter or patent in 
order to verify whether it fulfils the requirements established in articles 51., 52., and 61. to 65 . 
 2 – If as a result of the examination , the INPI, I. P. ascertains the absence of some of the 
minimum elements mentioned in no. 3 of article 61., the existence of formal irregularities or 
limitations pertaining to the subject matter or the patent, the applicant shall be notified to 
correct them  within an inextensible time period of two months.  
 3 – If subsequent to an insufficient response , the INPI, I. P. ascertains that the application 
still exhibits formal irregularities, the lack of some of the minimum elements mentioned in no. 
3 of article 61. or limitations regarding the subject matter or the paten t, the applicant shall be 
notified once again to correct them within an inextensible time period of one month.  
 4 – If the application contains all the elements and requirements mentioned in no. 1  or 
if the applicant makes the correction within the established time periods the application shall 
be published in accordance with article 69 . 
 5 – If the application does not contain all the elements and requirements mentioned in 
no. 1 and the applicant fails to make the correction within the established time periods, the 
application shall  be refused and the respective decision shall be published in the Industrial 
Property Bulletin, and in such a case there shall be no publication like the one provided fo r in 
article 69 . 
 
Article 68.  
 
Search report  
 
 1 – Once the examination stipulated in the previous article has been performed and up 
until a maximum period of 10 months counted from the date of the application, a search  shall 
be conducted on the state of the art in order to assess the requirements of patentability.  
 2 – The search report shall not be binding and shall be immediat ely sent to the applicant.  
 
 
Article 69.  
 
Publication of the application  
 
 1 – If the patent application has been submitted properly or has been corrected in 
accordance with the terms of no. 4 of article 67. it is published in the Industrial Property Bulle tin 
with mention of the elements stipulated in articles 61. and 62. that are considered relevant for 
publication purposes, including transcription of the summary and international classification of 
patents, along with reproduction of the search report stip ulated in the previous article.  
 2 – The publication mentioned in the previous number shall be made 18 months from 
the date of the patent application filed  at the INPI, I. P. or the oldest priority that is claimed.  
 3 – The publication may be made earlier at the express request of the app licant.  
 4 – Notwithstanding the provisions of the previous articles, claims or expressions that 
violate the provisions of no. 2 of article 61. shall be deleted,  ex officio , both in terms of the 
patent title and the publications that ensue from the applica tion.  
 
Article 70.  
 
Examination  of the invention  38 
  
 1 – INPI, I. P. shall examine the invention by taking into consideration all the elements 
of the case.  
 2 – Once the opposition stage has ended without any complaints having been made , an 
examination report shall be drafted within a period of one month.  
 3 – If there is opposition, the report shall be drafted after the last procedural written 
pleading mentioned in article 17. has been submitted.  
 4 – If subsequent to the examination it has been concluded that the patent may be 
granted, the respective notice is published in the Industrial Property Bulletin.  
 5 – If subsequent to the examination it is concluded that the patent cannot be granted, 
the report is sent to the applicant with not ification to respond to the observations that are made 
within a period of two months.  
 6 – If after the applicant has responded there are still objections to granting the patent, 
a new notification is issued so that within a period of two months all points for which doubts 
persist shall be clarified, and another notification may be made, if justified, with an identical 
response time.  
 7 – When upon the applicant’s response it is determined that the patent may be 
granted, the respective notice is published in the Industrial Property Bulletin.  
 8 – If the response to the notifications is not co nsidered sufficient, the refusal or partial 
granting notice is published in accordance with the examination report.  
 9 – If the applicant does not respond to the notification , the patent is refused, and the 
respective notice shall be published in the Indus trial Property Bulletin.  
 
Article 71.  
 
Partial granting  
 
 1 – When what is merely involved is the limiting of the protected subject matter, 
eliminating claims, designs, summary or description phrases or changing the title or epigraph of 
the invention in ac cordance with the notification, the applicant shall undertake such 
modifications, otherwise face full refusal of the application, by submitting the  fascicle  duly 
altered, after which the INPI, I. P. shall publish  the notice of partial granting of the resp ective 
patent in the Industrial Property Bulletin.  
 2 – The publication of the notice mentioned in the previous number shall contain 
indication of any possible changes to the epigraph, claims, description or summary.  
 3 – Partial granting shall be given  in a manner that does not allow the refused party to 
exceed the limits of the examination report.  
 
Article 72.  
 
Changes to the application  
 
 1 – If the application undergoes any changes during the examination stage the granting 
notice published in the Industrial Property Bulletin shall contain such an indication.  
 2 – The changes made to the application during the examination stage shall be 
communicated to the  opponents , if they exist, for the purpose of appeals.  
 3 – The application cannot be changed in such a manner that it contains technica l 
material  that exceeds its content at the application date.  
 4 – In cases where there are changes that do not respect the provisions of the previous 
number, the applicant shall be notified in order to make the corresponding corrections, 
otherwise face refusal of the application.  
  39 
 Article 73.  
 
Unity of invention  
 
 1 – The same application  cannot be used to apply for more  than one patent, nor one 
single patent for more than one invention.  
 2 – A plurality of inve ntions that are interconnected in such a way that they make up a 
single general inventive concept shall be considered one single invention.  
 3 – By initiative of the applicant or subsequent to an examination revealing that a patent 
application does not res pect the unity of invention, the applicant may divide the application into 
a certain number of divisional application s, each preserving the initial application date and , if 
applicable, the benefit of the right of priority.  
 4 – For the purposes stipulated in the previous number, a divisional application can only 
contain elements that do not exceed the content of the initial application.  
 
Article 74.  
 
Publication of the fascicle  
 
 The patent fascicle shall be published together with the notice of the respective 
granting.  
 
Article 75.  
 
Grounds for refusal  
 
 1 – Beyond what is stipulated in article 23., the patent shall be refused when:  
 a) The invention does not feature any novelty , inventive activity or does not have any 
industrial application;  
 b) Its subject matter is included in the provisions of articles 51. or 52.;  
 c) The epigraph or title given to the invention covers a different subject matter or there 
is a divergenc e between the description and the designs;  
 d) Its subject matter has not been described in a manner that permits execution of the 
invention by  a person skilled in the art , as per article 66.;  
 e) All that constitutes the subject matter of the invention has not been described clearly;  
 f) It has been recognised as a design or model due to its description and claims;  
 g) If the provisions of articles 57 to 59 have been violated.  
 2 – In the case provided for in sub -paragraph g) of the previous nu mber, instead of 
refusal of the patent it may be transferred to the interested party if the latter has requested it.  
 3 – Recognition that the applicant intends to undertake unf air competition or that such 
is possible regardless of the applicant’s intentio n shall also constitute reason for refusal.  
  
Article 76.  
 
Notification of the final  decision  
 
 The final decision shall be immediately given notice of in accordance with the terms of 
no. 1 of article 16., with indication of Industrial Property Bulletin in which the respective notice 
was published.  
 
SUB-SECTION II  
 40 
 European  route  
 
Article 77.  
 
Scope  
 
 1 – The following provisions shall apply to all European patent applications and 
European patents that take effect in Portugal.  
 2 – The provisions  of the present Code shall apply to all that does not contradict  the 
European Patent Convention of 5 October 1973.  
 
Article 78.  
 
Submission of European patent applications  
 
 1 – European patent applications shall be submitted to the INPI, I.P. or European Patent 
Office . 
 2 – When the applicant of a European patent is domiciled or headquartered in Portugal, 
the application shall be filed at  the INPI, I. P., otherwise it may not take effect in Portugal, unless 
it claims the priority of a previous application  submitted in Portugal.  
 
Article 79.  
 
Languages in which the European patent applications can be drafted  
 
 1 – European patent applicatio ns filed  in Portugal shall be drafted in any  of the 
languages listed in the European Patent Convention.  
 2 – If the European patent application is filed  in a language that is other than Portuguese, 
it must be accompanied by a translation into Portuguese wi th respect to the description, claims 
and summary, along with a copy of the drawings, even if they do not contain any text to 
translate, unless the European patent application claims the priority of an application previously 
submitted in Portugal.  
 3 – The translation mentioned in the previous number shall be submitted to the INPI, I. 
P. within a period of one month counted from the date when the European patent application 
was filed  in Portugal.  
 
Article 80.  
 
Rights attributed subsequent to the published E uropean patent applications  
 
 1 – European Patent appl ications, once published in accordance with the European 
Patent Convention, shall enjoy a provisional protection in Portugal equal to that which is granted 
to published national patents, as of the date when a translation of the claims is accessible to the 
public at the INPI, I. P. in Portuguese, accompanied by a copy of the drawings.  
 2 – The INPI, I. P. shall undertake  publication in the Industrial Property Bulletin of a 
notice with the indications necessary for identifying the European patent application.  
 3 – As of the date of publication of the notice mentioned in the previous number any 
person may obtain access to t he text of the translation and obtain copies of it.  
 
Article 81.  
 
Translation of the European patent  41 
  
 1 – Whenever the European Patent Office  grants a patent to be validated in Portugal the 
respective owner  shall submit a translation into Portuguese of the description, claims and 
summary, along with a copy of the patent drawings and if applicable, modifications that have 
been introduced during the opposition stage, failing this, the patent shall not be valid in 
Portugal.  
 2 – The translation of the European patent shall be accompanied by a copy of the 
drawings, even if they do not contain any text to translate.  
 3 – The provisions of the previou s numbers shall always apply whenever the European 
Patent Office  limits a European patent at the request of the owner . 
 
Article 82.  
 
Deadline for submitting the translation of the European patent  
 
 1 – The translation of the description, claims and summary into Portuguese, along with 
a copy of the European patent drawings shall be submitted to the INPI, I. P. within a period of 
three months counted from the date of publication of the patent granting notice in the European 
Patent Bulletin , or if appli cable, as of the date of the notice of the decision pertaining to 
opposition or limitation o f the European patent.  
 2 – The documents mentioned in the previous number shall be submitted together and 
accompanied by the payable fees.  
 3 – If the applicant ha s not met all the requirements stipulated in no. 1 of the deadline 
indicated therein, he or she can do so within a period of one month counted from the end of 
the period, subject to payment of a surcharge calculated on the basis of the fee of the national 
patent application.  
 
Article 83.  
 
Responsibility for the translations  
 
 When the applicant or owner of the European patent is not domiciled or headquartered 
in Portugal, the translations of the texts shall be executed under the responsibility of an officia l 
industrial property agent or a representative accredited by the INPI, I. P . 
 
Article 84.  
 
Publication of translation notice  
 
 1 – The INPI, I. P. shall undertake to publish in the Industrial Property Bulletin a notice 
regarding the delivery of the translations mentioned in article 81. , containing the indications 
necessary for identifying the European patent and any limitations that may exist.  
 2 – Publication of the notice shall only take place after the corresponding fee has been 
paid.  
 
Article 85.  
 
Entry in the patents registry  
 
 1 – When the granting of the European patent has been the subject matter of a notice 
in the European Patent Bulletin , the INPI, I. P. shall enter it in the patents registry with the data 
mentioned in the European patents registry.  42 
  2 – The date when the translations mentioned in article 81 . were received shall also be 
entered  in the INPI, I. P. patents registry , or if sa id translations have not be delivered, the data 
mentioned in the European patents registry pertaining to the opposition process, along with 
data pertaining  Portuguese patents.  
 3 – Entry of acts into the European patents registry that transfer or modify th e rights 
pertaining to a European patent application or a European patent  shall make them enfor ceable  
in relation to third parties . 
 4 – A patent that has been granted via the European route can be limited or revoked at 
the request of the owner  in the cases provided for under the European Patent Convention and 
such a fact shall be entered into the INPI, I. P. patents registry.  
 5 – In the acts provided for under the previous number, and after payment of the 
corresponding fee, a notice shall be published in the Industrial Property Bulletin.  
 
Article 86.  
 
Authentic text of the European patent  
 
 When a translation has been submitted in Portuguese, in accordance with the previous 
articles, said tra nslations shall be considered authentic if the European application or patent 
grants, in the translated text, protection that is less than the one granted by the same 
application  or patent drafted in the language used in the process.  
 
Article 87.  
 
Revision  of the translation  
 
 1 – The applicant or owner of the European patent may revise the translation at any 
time and said revision shall only take effect if it is accessible to the public at the INPI, I. P. and 
the respective fee has been paid.  
 2 – Any pers on who in good faith has begun to exploit an invention or has made real and 
serious preparation to that end, without said exploitation constituting a counterfeit of the 
application or patent, in accordance with the text of the initial translation, may cont inue to 
exploit the invention at his or her company or in accordance with its needs, free of charge and 
without obligation to provide compensation.  
 
Article 88.  
 
Transformation into a national patent  
 
 1 – A European patent application can be transformed into a national patent application 
in the cases provided for under the European Patent Convention.  
 2 – Whenever a European patent application has been withdrawn, considered 
withdrawn or refused, it may also be transformed into a national paten t application.  
 3 – The possibility of transformation mentioned in the previous numbers may also apply 
to cases in which the European patent has been revoked.  
 4 – The European patent application shall be considered a national patent as of the date 
of rece ption of the transformation request by the INPI, I. P . 
 5 – The national patent application shall be given the date of the European patent 
application and, if applicable, the date of the respective priority, unless attribution of that date 
is not admissibl e under the European Patent Convention.  
 6 – The patent application shall be refused if within a period of two months  counted 
from the date of reception of the transformation request, the applicant fails to pay applicable 43 
 fees for a national patent applica tion, or, if relevant, has not submitted a translation of the 
original text of the European patent application into Portuguese.  
 
Article 89.  
 
Transformation into Portuguese utility model  application  
 
 The provisions of the previous article shall apply, wit h the respective adaptations, 
whenever a request is made for transformation into a utility model application.  
 
Article 90.  
 
Annual fees  
  
 All European patents that take effect in Portugal shall be subject to annual fees payable 
at the INPI, I. P., applicable to national patents within the time periods stipulated in the present 
Code.  
 
SUB-SECTION III  
 
Patent Cooperation Treaty  route  
 
Article 91.  
 
Definition of the scope  
 
 1 – An international application is one that is submitted in accordance with the Patent 
Cooperation Treaty signed in Washington on 19 June 1970.  
 2 – The provisions of the Patent Cooperation Treaty  and in a supplementary manner the 
provisions of the following articles, shall be applicable to international applicatio ns, for which 
the INPI, I. P.  shall act in the capacity of a receiv ing office  or designated or -elected  office -. 
 3 – The provisions of the present Code shall apply to all that does not contradict the 
Patent Cooperation Treaty.  
 
Article 92.  
 
Submission of international applications  
 
 1 – International applications formulated by individual or legal persons who are 
domiciled or headquartered in Portugal shall be submitted to the INPI, I. P., the European Patent 
Office or the World Intellectual Property Org anisation.  
 2 – Whenever no priority has been claimed for a previous application made in Portugal 
the international application shall be submitted to the INPI, I. P., otherwise it shall not take effect 
in Portugal.  
 3 – Under the conditions stipulated in n o. 1, the INPI, I. P. shall act in the capacity of a 
receiv ing office , pursuant to the terms of the Patent Cooperation Treaty.  
 4 – Any international applicati on submitted to the INPI, I. P.  in its capacity  as a receiver 
administration, shall be subject to  payment of a transfer fee in addition to the fees provided for 
in the Patent Cooperation Treaty . 
 5 – The transfer fee shall be paid within a period of one month counted from the date 
when the international application is received.  44 
  6 – International appl ications submitted to the INPI, I. P. in its capacity as receiver 
administration may be drafted in Portuguese, French, English or German.  
 7 – Within a period of one month counted from the date of reception of the 
international application by the receiver administration, applicants of international applications 
drafted in Portuguese shall submit to this administration a translation of the international 
application into one of the other languages stipulated in the previous number.  
 8 – If the applicant has f ailed to meet the requirements stipulated in the previous 
number within the time period indicated therein he or she may do so in accordance with the 
terms of the Patent Cooperation Treaty  for international applications, subject to payment of the 
surcharge stipulated in the regulations for executing the Patent Cooperation Treaty . 
 9 – International applications shall be accompanied by a Portuguese translation of the 
description of the claims and of the summary, and a copy of the drawings, even if they do not  
contain any text to translate, unless the international application claims the priority of a previous 
application made in Portugal with respect to the same invention.  
 
Article 93.  
 
Designated and elected administration  
 
 The INPI, I. P. acts in the capacity of a designated and elected administration in 
accordance with the terms of the Patent Cooperation Treaty for the international applications 
that seek protect ion of the invention in Portugal.  
 
Article 94.  
 
Effects of international applications  
 
 International applications for which the INPI, I. P. acts as a designated and elected  
administration in accordance with the previous article shall produce in Portugal the same effect 
as a Portuguese patent application filed  on the same date.  
 
Article 95.  
 
Deadline for submitting the translation of the international application  
 
 1 – Whenever an applicant wishes the process of an international application to take 
place in Portugal he or she shall submit a translation into Portuguese of all the elements  that 
make up the international application, within the time period established i n the Patent 
Cooperation Treaty  and simultaneously pay the fee applicable to a national application.  
 2 – If the applicant has failed to meet all the requirements stipulated in the previous 
number within the time period indicated therein he or she may do s o within a period of one 
month counted from the end of the aforementioned time period upon payment of a surcharge 
calculated on the basis of the fee applicable to the national patent application.  
 
Article 96.  
 
Rights conferred by the published internationa l applications  
 
 1 – Once published, in accordance with the Patent Cooperation Treaty , international 
applications enjoy a provisional protection in Portugal that is equivalent to that which is granted 
to national patent applications published as of the dat e when a Portuguese translation of the 45 
 claims is accessible to the public at the INPI, I. P., accompanied by a copy of the drawings, even 
if they do not contain any text to translate.  
 2 – The INPI, I. P. shall undertake publication of a notice in the Indu strial Property 
Bulletin with all the indications necessary for identifying the international application.  
 3 – As of the date of publication of the notice , any person may become aware of the 
text of the translation and obtain copies of it.  
 
Article 97.  
 
International application containing independent inventions  
 
 1 – When a part of the international application has not been the subject matter of 
international search or an international preliminary examination because the application 
contained independent inventions and the applicant had not paid the additional fee provided 
for in the Patent Cooperation Treaty  within the prescribed time period, the INPI, I. P. shall re -
examine the grounds of the decision not to  execute the search or examination of  the 
aforementioned application.  
 2 – When the INPI, I. P. concludes that the decision was not well founded, such an 
application shall be subject to the corresponding provision s of the present Code.  
 3 – If the INPI, I. P. believes that the decision is well founded, the part of the application 
that was not sub ject to search or examination  shall be considered null and void, unless the 
applicant requests division of the applicatio n within a period of two months counted from the 
notification that has been issued to the applicant, in accordance with the provisions of the 
present Code pertaining to divisional applications.  
 4 – As regards each of the divisional applications, they shal l be subject to fees 
corresponding to national patent applications, under the conditions stipulated in the present 
Code.  
 
SECTION III  
 
Effects of the patent  
 
Article 98.  
 
Scope of the protection  
 
 1 – The scope of the protection granted by the patent shall be determined by the 
content of the claims and the description and drawings shall be used to interpret the claims.  
 2 – If the subject matter of the patent pertains to a process, the rights conferred by  that 
patent shall cover the products directly o btained through the patented process.  
 3 – The protection conferred by  a patent with respect to biological material equipped 
with certain properties, as a result of the invention, shall cover any biological material obtained 
from the aforementioned materia l by reproduction or multiplication, in an identical or 
differentiated manner and equipped with those same properties.  
 4 – The protection conferred by  a patent with respect to a process that produces 
biological material equipped with certain properties, a s a result of the invention , shall cover any 
biological material directly obtained by that process and any other biological ma terial  obtained 
from the biological material obtained directly by reproduction or multiplication, in an identical 
or differentiated manner and equipped with those same properties . 
 5 – The protection conferred by  a patent with respect to a product that contains genetic 
information or that consists of genetic information shall cover, notwithstanding sub -paragraph 46 
 a) of no . 3 of article 52., any material which the product is incorporated into or containing it and 
exercising its function.  
 6 – In derogation of nos. 3 to 5:  
 a) The sale or other form of commercialisation by the owner or with his or her consent 
of any materia l that is of plant  production to a farmer for the purpose of agricultural exploitation 
shall require permission given to the farmer to use the product of his or her harvest in order for 
the farmer to be able to reproduce or multiply it in his or her exploi tation;  
 b) The sale or other form of commercialization by the  owner , or with his or her consent , 
of livestock or other animal reproduction material to a farmer shall require permission being 
granted to the farmer to use the animals that are protected for agricultural purposes, such 
permission including making the animal or any other animal reproduction material available for 
executing his or her agricultural activity, but not including its sale in view of undertaking a 
reproduction activity for commercial purposes or within its scope.  
 
Article 99.  
 
Reversal of the onus of proof  
 
 If the subject matter of a patent includes a manufacturing process for a new product, 
the same product manufactured by a third party shall be considered to have been manufactured 
by the patented process, unless proven otherwise.  
 
Article 100  
 
Duration  
 
 The patent shall have a duration of 20 years counted from the date of the respective 
application.  
 
Article 101.  
 
Indication of the patent  
 
 For the duration of the pate nt the owner may use the word “patented,” “patent no.” or 
“Pat. No.”  
  
Article 102  
 
Rights conferred by  the patent  
 
 1 – The patent grants exclusive right to exploit the invention anywhere within 
Portuguese territory.  
 2 – The patent shall also entitle the owner to prevent third parties from doing  the 
following without his or her consent:  
 a) Manufacture, supply, warehousing, marketing or use of a product that is the subject 
matter of a patent or its import or possession  for some of the purposes mentioned;  
 b) Use of the process that is the subject matter of the patent or offering its use if the 
third party has knowledge or should have had knowledge that use of the process without the 
consent  of the owner is prohibited ; 
 c) Offering, warehousing, marketing and use or import or possession for su ch purposes 
of products obtained directly through the process that is the subject matter of the patent.  47 
  3 – The patent also guarantees the owner the right to prevent third parties  to, without 
the owner ’s consent, offer or make available to any person who is not entitled to exploit the 
patented invention , the means to execute it with respect to an essential element, if the third 
party has or should have the knowledge that suc h means are adequate and destined for such 
execution.  
 4 – The provisions of the previous number shall not apply if the means are products that 
are commonly found on the market, unless the third party induces the person to whom t he 
delivery is made to prac tice the acts stipulated in no. 2.  
 5 – For the purposes stipulated in no. 3, persons who commit the acts stipulated in sub -
paragraphs a) to d) of the following article shall not be considered entitled to exploit the 
invention.  
 6 – The owner may oppose all the acts that constitute infringement of his or her patent, 
even if they are based on another patent with a subsequent application or priority date, without 
the need to oppose to the titles or request annulment of the patents on which that r ight is based.  
 7 – The rights conferred by  the patent may not exceed the scope defined by the claims.  
 8 – The owner may submit a request to the INPI, I. P. asking for limitation of the scope 
of the protection of the invention by modifying the claims.  
 9 – If subsequent to the examination it is concluded that limitation request can be 
accepted, the INPI, I. P. shall allow for publication of the notice mentioning the modification of 
the claims, otherwise the request shall be refused and the applicant shall be notified of the 
decision.  
 
Article 103.  
 
Limitation of the rights conferred by  the patent  
 
 1 – The rights conferred by  the patent shall not cover the following:  
 a) Acts performed within a private scope and without any commercial purposes;  
 b) Preparation of medications done on the spot and for individual cases, subject to 
medical prescription at pharmacy laboratories, or acts pertaining to medications that are thusly  
prepared;  
 c) Acts performed exclusively for testing or experimental purposes related to the subject 
matter of the patented invention, including experiments for preparing the processes that are 
necessary for the approval of products by the relevant author ities; however, industrial or 
commercial exploitation of those products cannot begin before verifying revocation of the 
patent protecting them;  
 d) Use of biological material for the purpose of growing or discovering and developing 
new varieties of plant s; 
 e) Use of the subject matter of the patented invention onboard ships of other countries 
that are members of the Union or WTO, within the body of the ship, its engines, masts, finishing 
and other accessories when the ships temporarily or accidentally ente r the waters of Portugal, 
as long as the aforementioned invention is exclusively use d for the needs of the ship;  
 f) Use of the subject matter of the patented invention in the construction or functioning 
of airborne or land locomotion vehicles of other countries that are members of the Union or 
WTO, or accessories of those vehicles when they temporarily or acci dently enter national 
territory;  
 g) The acts provided for under article 27 of the Convention of 7 December 1944 with 
respect to internation al civil aviation if they pertain to aircraft from another State to which the 
provisions of said article apply;  
 h) A farmer ’s use  of the product of his or her harvest for reproduction or multiplication 
purposes in his or her exploitation, as long as the r eproduced plant  material has been sold or 48 
 commercialised in another way to the farmer for agricultural purposes by the owner or with his 
or her consent ; 
 i) Use of protected animals by a farmer for agricultural purposes, as long as the livestock 
or other a nimal reproduction materials have been sold or commercialised in another manner to 
the farmer by the owner or with the latter’s consent;  
 j) The acts and use of the information obtained under the conditions permitted by 
applicable legislation in terms of l egal protection for computer programmes, namely the 
respective provisions with respect to decompiling and interoperability.  
 2 – For the purposes stipulated in sub -paragraph i) of the previous number, the use 
mentioned therein shall include making availabl e the animal or other animal reproduction 
material for the purposes of agricultural activity, but not the respective sale in view of  a 
reproduction activity for commercial purposes or within the scope of said activity.  
 3 – The protection mentioned in nos.  3 to 5 of article 98 . does not cover biological 
material obtained via reproduction or multiplication of biological material commercialised by 
the owner or with his or her consent within the European economic area if the reproduction or 
multiplication necessarily results from the use for which the biological material was placed on 
the market, as long as the biological material obtained is not subsequently used for other 
reproductions or multiplications.  
 
Article 104.  
 
Exhaustion of the right  
 
 The rights conferred by the patent shall not permit the owner to prohibit acts pertaining 
to the products that it protects after their  commercialisation by the owner or with his or her 
consent, within the European economic space, unless there are legitimate reasons for the owner 
to oppose the products continuing to b e commercialised.  
 
 
Article 105.  
 
Unenforceability  
 
 1 –The rights conferred by  the patent shall not be enforceable  within national territory 
and before the application date or before the priority date when it is claimed, in relation to 
anyone who in good faith has by his or her own means arrived at knowledge of the invention 
and used the invention or made actual and serio us preparations in view  of such  use. 
 2 – The provisions of the previous number shall not apply when the knowledge results 
from illicit acts or runs counter to proper customs, practiced against the  owner . 
 3 – The burden of proof shall fall upon whoever invokes the situations st ipulated in no. 
1. 
 4 – Prior use or preparations for such use based on the information stipulated in sub -
paragraph a) of no. 1 of article 56. shall  not harm the principle of good faith.  
 5 – In the cases provided for in no. 1, the beneficiary shall be ent itled to continue or 
initiate use of the invention, in accordance with prior knowledge, for the purposes of the actual 
company, but can only transfer it together with the commercial establishment where said use 
takes place.  
 
SECTION IV  
 
Conditions  of use  
 49 
 Article 106.  
 
Loss and expropriation of the patent  
 
 1 – Under the law, a  person who must answer for obligations to another party may be 
deprived of the patent, and any person who has been expropriated from  the patent  for reasons 
of utility shall be deprived of it as well . 
 2 – Any patent can be expropriated due to public utility upon payment of fair 
compensation, if the need for extension of the invention or its use by public entities so requires.  
 3 – The provisions of the Expropriations Code shall apply with applicable ada ptations.  
 
Article 107.  
 
Obligation to exploit  
 
 1 – The owner shall be obliged to exploit the patented invention directly or via an 
intermediary authorised by him or her and to commercialise the results obtained in order to 
meet the needs of the national market.  
 2 – Exploitation shall begin within a period of four years counted from the date of the 
patent application or within a period of three years counted from the date when it was granted, 
whichever time period is longer.  
 3 – It is possible t o enjoy patent rights without discrimination as to the location of the 
invention, technological field and whether  the products are imported from any member country 
of the European Union or WTO, or produced locally.  
 
Article 108.  
 
Compulsory licenses  
 
 1 –Compulsory licenses may be granted with respect to a particular patent in one of the 
following cases:  
 a) Lack of or insufficient exploitation of the patented invention;  
 b) Interd ependency between patents;  
 c) Reasons of public interest.  
 2 –Compulsory licenses shall be non -exclusive and can only be transferred along with 
the part of the company or establishment that exploits them.  
 3 –Compulsory licenses can only be granted when the potential licensee has undertaken 
efforts in view of obtaining from the owner a contractual license with acceptable commercial 
conditions and such efforts are not successful within a reasonable time period.  
 4 – The compulsory license may be revoked, without prejudice to proper protection of 
the legitimate interests of the licen sees if and when the circumstances that were at its origin 
have ceased to exist and are not liable to be repeated, and the relevant authority may re -
examine continuation of the aforementioned circumstances, subject to a reasoned request.  
 5 – When a patent’s subject matter is semiconductor technology, only compulsory 
licenses with a public non -commercial purpose may be granted.  
 6 – The owner shall receive remuneration suited to each specific case, taking into 
account the economic value of the license.  
 7 – The decision that grants or refuses remuneration shall be subject to judicial or 
arbitration recourse, pursuant to articles 47. to 49 . 
 
Article 109.  
 50 
 License due to lack of exploitation of an invention  
 
 1 – Once the time periods mentioned in no. 2 of article 107 have expired, the  owner 
who without proper reason or legal basis fails to exploit the invention directly or via license or 
does not do so in a manner that meets national needs, may be obliged to cede the patent 
exploitatio n license.  
 2 – A owner who for a period of three consecutive years and without just cause or legal 
basis ceases to undertake exploitation of the invention may also be obliged to cede  the invention 
exploitation license.  
 3 – Just motives shall include objective difficulties of a technical or legal nature, 
regardless of the will and situation of the  owner , which make it impossible or insufficient to 
exploit the invention, but shall not include economic or financial difficulties.  
 4 – While a comp ulsory license remains in force, the owner may not be obliged to grant 
another one before said compulsory license has been cancelled.  
 5 – The compulsory license can be cancelled if the licensee does not exploit the invention 
in a manner that meets nationa l needs.  
 
Article 110.  
 
Dependent licenses  
 
 1 – When it is not possible to exploit an inventio n that is protected by a patent, without 
prejudice to  the rights granted by a previous patent and both inventions serve different 
industrial purposes, the licens e can only be granted if the first invention is deemed indispensable  
for exploitin g the second one and only in so far as it is necessary to execute the second one, the 
owner of the first patent being entitled to fair compensation.  
 2 – When the inventions protected by dependent patents serve the same industrial 
purposes and a compulsory license is granted, the owner  of the earlier patent may also demand 
granting of a compulsory license relative to a subsequent patent.  
 3 – When an invention’s subject matter is a preparation process pertaining to a 
chemical, pharmaceutical or food product that is protected by a valid patent and whenever that 
process patent represents a notable technical process in relation to the prior pa tent, both the 
owner of the process and the owner of the product shall be entitled to demand a compulsory 
license for the patent of the other  owner . 
 4 – When a breeder of a variety of plant  is unable  to obtain or exploit a right for plant  
breeding without  violating a prior patent, he or she may request a compulsory license for non -
exclusive exploitation of the invention that is protected by the patent, in so far as that license is 
necessary for exploiting the same variety  of plant, in exchange for payment of appropriate 
remuneration.  
 5 – Whenever a license of the type provided for in the previous number is granted, the 
owner shall be entitled to a reciprocal license, under reasonable conditions, in order to use that 
protected variety.  
 6 – When the owner of a bio techno logical invention cannot exploit it without violating 
a previous plant breeding right pertaining to a variety of plant, he or she may request a 
compulsory license for non -exclusive exploitation of the variety protected by that breeding right 
in exchange for suitable payment.  
 7 – Whenever a license of the type stipulated in the previous number is granted, the 
owner  or the breeding right shall be entitled to a reciprocal license with reasonable conditions 
in order to use the protected invention . 
 8 – The applicants of the licenses mentioned in nos. 4 and 6 shall prove the following:  
 a) That they have been unsuccessful in their approach of  the owner or owner  of the 
plant breeding right in view of obtaining a contractual license;  51 
  b) The plant va riety or invention represents important technical progress that is of 
considerable economic interest, with respect to the invention claimed in the patent or the 
variety of plant that is to be protected.  
  9 – The provisions of the present article shall als o apply whenever one of the 
inventions is protected by a patent and the other invention is protected by a utility model.  
 
Article 111.  
 
Public interest  
 
 1 – The owner may be obliged to grant a license for exploiting the respective invention 
for reasons of public interest.  
 2 – Reasons of public interest are considered to exist when the beginning, increase or 
generalisation of the exploitation of the invention or improvement of the conditions under 
which such an exploitation shall take place are of primary importance to public health or national 
defence.  
 3 – Reasons of public interest shall also be deemed to exist when the re is  absence  of 
exploitation or when said exploitation is of insufficient quality or quanti ty in a manner that 
results in  serious losses to the country’s economic or technological development.  
 4 – The license granted for reasons of public interest shall be issued via a decision from 
the member of the government responsible for such matters.  
 
Article 112.  
 
Compulsory license  applications  
 
 1 –Compulsory licenses shall be requested from the INPI, I. P. with the applicant 
submitting the necessary elements of proof that justify his or her request.  
 2 –Compulsory license requests shall be examined in the order that they are reque sted 
from the INPI, I. P . 
 3 – Once the application for compulsory license is received, the INPI, I. P. shall notify the 
owner to within a period of  two months make any statements deemed necessary, submitting all 
respective evidence.  
 4 – The INPI, I. P. shall assess all allegations made by the parties and the invention 
exploitation guarantees offered by the applicant of the compulsory license , and wi thin a period 
of two months shall decide whether or not the license  should be granted.  
 5 – If it is granted, both parties shall be notified in order to within a period of one month 
appoint an expert, which together with the expert appointed by the INPI, I . P. shall agree, within 
a period of two months, on the conditions of the compulsory license and the compensation to 
pay the  owner . 
 
Article 113.  
 
Notification and appeal of the granting or refusal of the license  
 
 1 – Notice shall be given to both parties  by the INPI, I. P. pertaining to the granting or 
refusal of the license and respective conditions of exploitation.  
 2 – The INPI, I. P. decision that granted or refused the license or the conditions under 
which it was granted may be appealed in the court with the relevant jurisdiction, pursuant to 
article 38. and subsequent  articles  within a period of three months counted from the notification 
date mentioned in the previous number.  52 
  3 – A decision that is favourable to the granting shall only take effect after the final 
unappealable decision is reached and entered in the registry of INPI, I. P., where the respective 
fees are paid as if it were an ordinary license.  
 4 – An excerpt of t he registration mentioned in the previous number shall be published 
in the Industrial Property Bulletin.  
 
SECTION V  
 
Invalidity of the patent  
 
Article 114.  
 
Nullity  
 
 In addition to the provisions of article 32., patents shall be null in the following case s: 
 a) When its subject matter does not satisfy the requirements of novelty, inventive 
activity and industrial application;  
 b) When its subject matter  cannot be protected in accordance with articles 50. to 52.;  
 c) When it is recognised that the title or epigraph given to the invention covers a 
different  subject matter ; 
 d) When its subject matter has not been described in a manner that allows its execution 
by a person skilled in the art . 
 
Article 115.  
 
Declaration of nullity or partial annulment  
 
 1 – One or more claims may be declared null or annulled, but partial nullity may not be 
declared, nor can a claim be partially annulled.  
 2 – During court proceedings the owner may undertake to limit the scope of the 
invention protection by modifying the  claims.  
 3 – If there is declaration of nullity or annulment of one or more claims, the patent shall 
continue to be valid with respect to the remainder of the claims, as long as there continues to 
be sufficient material for an independent patent.  
 
SECTION VI  
 
Supplementary protection certificate for medications and phytopharmaceutical products  
 
Article 116.  
 
Certificate  application  
 
 1 – An application for a supplementary protection certificate for medications and 
phytopharmaceutical products submitted to the INPI, I. P. shall include a request drafted in 
Portuguese indicating or containing the following:  
 a) The name, trade name or corporate name of the applicant , his or her nationality and 
domicile or place of est ablishment, tax number when dealing with a resident of Portugal and e -
mail address, should it exist ; 
 b) The patent number, along with the epigraph or title of the invention that is protected 
by that patent;  53 
  c) The number and date of the first marketing a uthorisation in Portugal and if it is not 
the first marketing authorisation in the European economic area, the number and date of that 
authorization;  
 d) Reference to the simultaneous submission of a request for an extension of the validity 
of the suppleme ntary protection certificate, when applicable;  
 e) Signature or electronic identification of the applicant  or his or her representative.  
 2 – The application shall be accompanied by a copy of the first marketing authorisation 
in Portugal that allows the product to be identified, including the number and date of the 
authorisation, along with a summary of the characteristics of the product.  
 3 – The name of the authorised product shall be indicated, along with the legal provision 
under which the marketing a uthorisation took place, together with a copy of the publication of 
that authorisation in the official bulletin, if the authorisation mentioned in the previous number 
is not the first one for marketing authorisation within the European economic area as a 
medication or phytopharmaceutical product.  
 4 – The application for the supplementary protection certificate shall be published in 
the Industrial Property Bulletin with indication of the information stipulated in no. 1, 
accompanied by mention of the product  that is identified by the marketing authorisation of the 
product.  
 5 – The publication referred to in the previous number shall not include the tax number, 
domicile or place of establishment and e -mail address of the applicant . 
 
Article 117.  
 
Request for extension of the validity of a certificate  
 
 1 – A request for extension of the validity of a supplementary protection certificate may 
be submitted when it pertains to paediatric medication.  
 2 – The extension request may be submitted to the INPI, I. P. wh en the request for the 
supplementary protection certificate is made, with a pending status, or if it pertains to a 
certificate that is has already been granted , up to two years before its validity expires.  
 3 – When the extension request has been submitted  at the same time as the request for 
the supplementary protection certificate, the request mentioned in the previous article shall 
include a copy of the certification of compliance with an approved and completed paediatric 
research plan, along with proof o f the marketing authorisations in all the Member States of the 
European Union, if the procedures stipulated in Decree -Law no. 176/2006 of 30 August in its 
current wording are relevant to the matter . 
 4 – When a supplementary protection certificate is pending, the extension request shall 
be submitted in a manner that includes a reference to the already submitted certificate request, 
in addition to the information indicated in the previous number.  
 5 – When the extension request pertains t o a supplementary protection certificate that 
has already been issued, the request shall include a reference to this certificate, in addition to 
the information stipulated in no. 3.  
 6 – The extension request shall be published in the Industrial Property Bulletin with 
indication of the information referred to in no. 1 of the previous article, except for the tax 
number, domicile or place of establishment, and e -mail address of the appli cant . 
 7 – When the supplementary protection certificate has been issued, the INPI, I. P. shall 
examine the extension request within a period of six months counted from the date when this 
request is made.  
 
Article 118.  
 
Examination and publication  54 
  
 1 – Once the application has been submitted to the INPI, I. P., the respective 
examination shall be made within a period of 12 months counted from the date when the 
submission has been made, and it  shall be checked whether it was submitted within the deadline 
and whether it meets the conditions stipulated in applicable legislation regarding the creation 
of supplementary protection certificates for medication and phytopharmaceutical products.  
 2 – If the certificate application and the product that is the subject matter of the 
application meet the conditions stipulated in the previous number, the INPI, I. P. shall issue the 
certificate and undertake publication of the application and notice of grant in the Industrial 
Property Bulletin.  
 3 – If the certificate appli cation does not meet the conditions stipulated in the previous 
number the INPI, I. P. shall notify the applicant  in view of proceeding with the correction of the 
irregularities within a period of two months, and there may be a need for a second notificatio n 
with an identical response time.  
 4 – When following the response of the applicant  the INPI, I. P. ascertains that the 
certificate application meets the required conditions it  shall undertake to publish the certificate 
application and the notice of its grant in the Industrial Property Bulletin.  
 5 – The application shall be refused if the applicant fails to comply with the notification, 
and the application and notice of refusal  shall be published in the Industrial Property Bulletin.  
 6 – Without prejudice to no. 3, the certificate shall be refused if the application or 
product it pertains to does not meet the conditions stipulated in applicable European Union 
legislation or the conditions established in the present Code, and the application and notice of 
refusal shall be published in the Industrial Property Bulletin.  
 7 – Publication shall include at least the following indications:  
 a) Name and address of the applicant;  
 b) Pate nt number;  
 c) Epigraph or title of the invention;  
 d) Number and date of the marketing authorisation in Portugal, along with identification 
of the product that is the subject matter of the authorisation;  
 e) Number and date of the first marketing authoris ation for the product in the European 
economic area, if applicable;  
 f) Date of grant and validity period of the certificate or notice of refusal, depending on 
each particular case.  
 8 – The terms of the present article shall apply, with the necessary adap tations, to the 
requests for extension of the validity of the supplementary protection certificates.  
 9 – At the request of the interested party and with the necessary justifications, the INPI, 
I. P. may correct the validity period of a supplementary prote ction certificate whenever the date 
of the first marketing authorisation for the product within the European economic area is 
incorrect, as indicated in the request.  
 10 – The INPI, I. P . may correct ex officio the validity period of a supplementary 
protection certificate when it ascertains that there has been an error in counting said period.  
 11 – Without prejudice to the provisions of no. 1 of article 34., the supplementary 
protection certificate may ex officio be declared null by the  INPI, I. P. if the underlying patent 
has expired before the end of its validity period or the underlying patent has been annulled.  
 12 – In the cases provided for under nos. 10 and 11, the owner shall be duly notified and 
the correction of the validity period and decision that is rendered by the INPI, I. P.  shall be 
published, respectively.  
 
SUB-CHAPTER II  
 
Utility models  
 55 
 SECTION I  
 
General provisions  
 
Article 119.  
 
Object  
 
 1 – New inventions may be pr otected as utility models if they entail i nventive activity 
and if they have an industrial application.  
 2 – The utility models seek to protect the inventions through an administrative 
procedure that is more simplified and quicker than the patents procedure.  
 3 – The protection of an invention that meets the conditions established in no. 1 can be 
undertaken as an option of the applicant, with respect to the utility model or patent.  
 4 – The same invention can be the subject matter of a patent application and a utility 
model application . 
 5 – Submission of the applications mentioned in the previous number can only be 
permitted within a period of one year counted from the date of submission of the first 
application.  
 6 – In the cases provided for in no. 4, the utility model shall expire o nce a patent has 
been issued for the same invention.  
 
Article 120.  
 
Limitations pertaining to the  subject matter  
 
 The provisions of article 51. shall apply to utility models.  
 
Article 121.  
 
Limitations pertaining to the utility model  
 
 1 – The following may not be the subject matter of a utility model:  
 a) Inventions whose commercial exploitation is counter to the law, public order, public 
health and proper customs; however, exploitation should not be considered illegal merely 
because it  is prohibited under legal or regulatory provisions;  
 b) Inventions that involve biological materials;  
 c) Inventions that involve compounds or chemical substances in and of themselves and 
chemical processes;  
 d) Inventions that involve substances or pharmaceutical compounds and 
pharmaceutical processes;  
 e) Inventions that involve food products or processes for preparing, obtaining or 
manufacturing such products.  
 2 – Without prejudice to the provisions of the previous number, the provis ions of article 
52. shall apply to utility models.  
  
Article 122.  
 
Requirements for grant  
 
 1 – An invention shall be considered new when it is not part of the state or the art.  56 
  2 – An invention entails inventive activity when it fulfils one of the follow ing 
requirements:  
 a) If, according to  a person skilled in the art , it does not evidently result from the state 
of the art.  
 b) If it offers a practical or technical advantage in the manufacture and use of the 
product or process in question.  
 3 – When assessing the inventive activity mentioned in the previous number, the 
documents referred to in no. 2 of article 55. shall not be taken into account.  
 4 – An invention shall be considered to have industrial application if its subject matter 
can be manufact ured or used in any type of industry or agricultural activity.  
 5 – Utility models shall be subject to the provisions of article 55. and 56 ., subject to the 
necessary  adaptations . 
 
Article 123.  
 
General rule regarding entitlement to a utility model  
 
 The provisions of article 57 shall apply to utility models.  
 
Article 124,  
 
Special rules for utility model ownership  
 
 Article 58. and 59 shall apply to utility models.  
Article 125.  
 
Inventor rights  
 
 Article 60 shall apply to utility models.  
 
SECTION II  
 
Utility model process  
 
SUB-SECTION I  
 
National route  
 
Article 126.  
 
Form of the application  
 
 1 – A utility model application shall be made via a request drafted in Portuguese, 
indicating the following:  
 a) The name, trade name or corporate name of the applicant, his or her nationality, 
domicile or establishment location, tax number when dealing with a resident of Portugal and e -
mail address, should it exist;  
 b) The epigraph or title that summarises the subject matter of the invent ion; 
 c) The name and country of residence of the inventor;  
 d) The country where the first application was filed , the date and number of that 
submission, in the event that the applicant wishes to claim the right of priority;  57 
  e) Mention that an applicatio n was filed  for the same invention under no. 5 of article 
50., if that is the case.  
 f) Signature or electronic identification of the applicant or his or her representative.  
 2 – The drawings used to illustrate the invention shall not be considered a subject matter 
of claim.  
 3 – For the purpose of the provisions of no. 1 of article 12., in addition to the elements 
required in sub -paragraph a) of no. 1, shall be submitted a doc ument that describes the  subject 
matter of the application in a manner that would allow execution of the invention by  a person 
skilled in the art , or in the absence of such a document, when the priority of a prior application 
has been claimed, an indicatio n of the number and date of the previous application and the 
organisation where such an application was filed . 
 4 – The document stipulated in the previous number may be submitted in English and 
the applicant shall be notified to provide within a period of  one month, extendable one single 
time for an identical period, a Portuguese translation, otherwise face refusal of the application.  
 
Article 127.  
 
Documents to be submitted  
 
 Article 62. shall apply to utility models.  
 
Article 128.  
 
Descriptive sufficienc y 
 
 Article 66. shall apply to the utility models.  
 
Article 129.  
 
Formal examination  
 
 1 – Once the patent application is submitted to the INPI, I. P. an examination shall be 
conducted within a period of two months, in order to verify compliance with the minimum 
elements mentioned in the no. 3 of article 126 . for the purposes of attributing a date to the 
application and conducting an examination regarding the form and limitations of the subject 
matter or utility model, in order to verify whether it mee ts the requirements established in 
articles 120., 121., 126. And 127 . 
 2 – If as a result of the examination the INPI, I. P. ascertains the lack of one of the 
minimum elements referred to in no. 3 of article 126., the existence of formal irregularities or 
limitations regarding the subject matter or utility model, the applicant shall be notified to correct 
them within the inextensible period of two months.  
 3 – If the INPI, I. P. in the face of an insufficient response, ascertains that the application 
still has formal irregularities, lacks of any of the minimum elements mentioned in no. 3 of article 
126, or has limitations regarding the subject matter or utility model, the applicant shall once 
again be notified to correct them within an inextensible period of  one month.  
 4 – If the application contains all the elements and requirement stipulated in no. 1 or if 
the applicant corrects it within the established time periods, the application shall be published 
pursuant to the terms of article 131 . 
 5 – If the appl ication does not contain all the elements and requirements referred to in 
no. 1 and the applicant fails to correct it within the established time periods, the application 
shall be refused and the respective decision published in the Industrial Property Bul letin,  and in 
such a  case there shall be  no publication like the one referred to in article 131.  58 
  
Article 130.  
 
Search report  
 
 1 – Once the examination stipulated in the previous article has been performed and up 
until a maximum period of 10 months counted from the date of the application , a search shall 
be conducted on the state of the art in order to assess the patentability req uirements.  
 2 – The search report shall not be binding and shall be immediately sent to the applicant.  
 
Article 131.  
 
Publication of the application  
 
 1 – If the utility model application has been submitted in a proper manner or corrected 
in accordance wit h no. 4 of article 129., it shall be published in the Industrial Property Bulletin 
with a mention of the elements stipulated in article s 126. and 127. that are considered relevant 
to the publication, including a transcription of the summary and the interna tional patent 
classification , along with a copy of the search report stipulated in the previous article.  
 2 – The publication referred to in the previous number shall be undertaken six months 
from the date of the  application ; however, it may be published earlier at the express request of 
the applicant.  
 3 – The publication can also be postponed at the request of the applicant for a period 
of no more than 18 months counted from the date of the utility model application or of the 
claimed priority.  
 4 – Utility models shall be subject to the provisions of no. 4 of article 69 . 
 
Article 132.  
 
Examination of the i nvention  
 
 1 – The INPI, I. P.  shall undertake examination of the invention, taking into account all 
the elements of the case.  
 2 – Once the o pposition time period has elapsed without any opposition having been 
submitted, a report on the examination shall be drafted within a period of one month.  
 3 – If there is opposition, the examination shall be conducted after submission of the 
last procedur al written pleading mentioned in article 17 . 
 4 – If the examination concludes that the utility model can be issued, a  grant notice shall 
be published in the Industrial Property Bulletin.  
 5 – If on the contrary, it is concluded that utility model cannot be issued, the report shall 
be sent to the applicant with notification to respond to the comments made within a period of 
two months.  
 6 – If after the applicant’s response there are still objections as to the grant of the utility 
model, a new notif ication  shall be made so that, within a period of two months, all unanswered 
questions can be addressed, and, if necessary, another notification can be made with an 
identical time period.  
 7 – When subsequent to the response it is concluded that the utilit y model can be 
issued, the grant notice shall be published in the Industrial Property Bulletin.  
 8 – If the response to the notifications is considered insufficient, the refusal or partial 
grant notice shall be published in accordance with the examination report.  
 9 – If the applicant does no t respond to the notification, the utility model shall be 
refused, and the refusal notice shall be published in the Industrial Property Bulletin.  59 
  
Article 133.  
 
Partial  grant  
 
 Article 71. shall apply to utility models.  
 
Article 134.  
 
Amendments to the application  
 
 Article 72. shall apply to utility models.  
 
Article 135.  
 
Unity of invention  
 
 Article 73. shall apply to utility models.  
 
Article 136.  
 
Publication of the  fascicle  
 
 Article 74. shall apply to utility models.  
 
Article 137.  
 
Grounds for refusal  
 
 1 – In addition to what is stipulated in article 23., a utility model shall be refused if:  
 a) The invention lacks novelty, inventive activity or has no industrial application;  
 b) The subject matter is included  in articles 120 or 121.;  
 c) The epigraph or title given to the invention covers subject matter that is different or 
if there is a difference between the description and the drawings;  
 d) Its subject matter is not described in a manner that permits execution of the invention 
by a person skilled in the art , as provided for in article 128.;  
 e) If all that constitutes the subject matter of the invention is not described clearly;  
 f) If it is considered a design or model due to its description and claims;  
 g) There has been infringement of article 57 . to 59 . 
 2 – In the case provided for in sub -paragraph g) of the previous number, instead of 
refusal of the utility model, it may be transferred to the interested party if the latter has  
requested such.  
 3 – Recognition that the applicant intends to undertake unfair competition or that it is 
possible that this will take place, regardless of his or her intention shall also constitute motives 
for refusal.  
 
Article 138.  
 
Notification of the final  decision  
 
 Article 76. shall apply to utility models.  
 60 
 SUB-SECTION II  
 
Patent Cooperation Treaty  route  
 
Article 139.  
 
Applicable provisions  
 
 Articles 91 . to 97 . shall apply to utility models , subject to the necessary  adaptations . 
 
SECTION III  
 
Effects of the utility model  
 
Article 140.  
 
Scope of the protection  
 
 1 – The scope of the protection conferred by  the utility model shall be determined by 
the content of the claims, and the description and drawings shall be used to interpret them.  
 2 – If the subject matter of the utility model pertains to a process, the granted rights 
shall cover the products obtained directly through the process protected by the utility model.  
 
Article 141.  
 
Reversal of the burden of proof  
 
 Article 99. shall apply to utility models.  
 
Article 142.  
 
Duration  
 
 1 – The duration of the utility model shall be six years co unted from the application filing  
date.  
 2 – During the last six months of the validity of the utility model the owner may request 
its extension for a period of two years.  
 3 – During the last six months of the period mentioned in the previous number the 
owner may submit a second and last request for extending the duration of the protection for a 
new period of two years.  
 4 – The duration of the utility model may not exceed 10 years counted from the 
submission date of the respective application.  
 
Article 14 3. 
 
Indication of utility model  
 
 During the validity of the utility model its owner may use the expression “Utility model 
no.” and “UM no.” on the products.  
 
Article 144.  
 61 
 Rights conferred by  a utility model  
 
 1 – The utility model grants the exclusive right to exploit the invention anywhere within 
Portuguese territory.  
 2 – If the subject matter of the utility model is a product, it shall entitle its owner to 
prohibit third parties from manufacturing, using, or offering the product for sale or  importing it 
for such purposes without the owner’s consent.  
 3 – If the subject matter of the utility model is a process, it shall entitle the owner to 
prohibit third parties from using  the process , or using or offering for sale or selling or importing 
for such purposes the product directly obtained through that process without the owner’s 
consent.  
 4 – The owner of the utility model may oppose all acts that constitute an infringement 
of his or her invention even if they are based on  another utility model with a later priority date, 
without the need to oppose  to the titles or request annulment of the utility models on which 
that right is based.  
 5 – The rights conferred by  the utility model may not exceed the scope defined by the 
claims.  
 
Article 145.  
 
Limitation of the rights conferred by  the utility model  
 
 1 – The rights conferred by  the utility model shall not cover:  
 a) Acts performed privately and without any commercial purpose;  
 b) Acts performed for experimental purposes that involve the protecte d subject matter . 
 
 2 – The provisions of sub -paragraphs e), f) and g) of article 103. shall apply to utility 
models.  
 
Article 146.  
 
Exhaustion of the right  
 
 The rights conferred by  the utility model shall not allow the owner to prohibit the acts 
pertaining to the products protected by the utility model after their commercialisation by the 
owner or with his or her consent, within the European economic space, unless there are 
legitima te reasons for the owner of the utility model to oppose commercialisation of the 
products.  
 
Article 147.  
 
Unenforceability  
 
Article 105 . shall apply to utility models.  
 
SECTION IV  
 
Conditions  of use  
 
Article 148.  
 
Loss and expropriation of the utility model  62 
  
 Article 106 . shall apply to utility models.  
 
Article 149.  
 
Obligation to exploit  
 
 Article 107. shall apply to utility models.  
 
Article 150.  
 
Compulsory licenses  
 
 Article 108. to 113. shall apply to utility models.  
 
SECTION V  
 
Invalidity of the utility model  
 
Article 151.  
 
Nullity  
 
 In addition to the provisions of article 32., utility models shall be considered null in the 
following cases:  
 a) When their subject matter does not meet novelty, inventive activ ity and industrial 
application  requirements;  
 b) When their subject matter cannot be protected under articles 119. to 121.;  
 c) When it has been recognised that the title or epigraph given to the invention covers 
a different object;  
 d) When its subject matter has not been described in a manner that allows its execution 
by a person skilled in the art . 
 
Article 152.  
 
Declaration of nullity or partial annulment  
 
 Article 115 . shall apply to utility models.  
 
CHAPTER II  
 
Semiconductor topographies  
 
SECTION I  
 
General provisions  
 
Article 153.  
 
Definition of a semiconductor  
 
 A semiconductor is the final or intermediate form of any product that cumulatively:  63 
  a) Consists of material body that includes a layer of semiconductor material;  
 b) Has one or more  layers consisting of conductor, insulator  or semiconductor  material , 
said layers being arranged in accordance with a pre -determined three -dimensional model;  
 c) Used to perform an electronic function, whether exclusively or together with other 
functions.  
 
Article 154.  
 
Definition of the topography of a semiconductor  
 
 The topography of a semiconductor is a series of related images, fixed and codified, 
representing the three -dimensional arrangement of the layers that make up the product, 
whereby each image contains the arrangement or part of the arrangement of a surface of the 
same product, during any phase of its manufacture.  
 
Article 155.  
 
Object of legal protection  
 
 1 – Only topographies of semiconductors that are the result of intellectual efforts by the 
person who created them and are not known in the semiconductor industry can be legally 
protected.  
 2 – Topographies that consist of elements that are known in the semiconductor industry 
shall also be legally protected as long as the combinat ion of those elements as a whole satisfies 
the conditions stipulated in the conditions of the previous number.  
 3 – The protection granted to semiconductor topographies shall only apply to the 
topographies themselves, excluding all concepts, processes, sys tems, techniques or codified 
information that they may incorporate.  
 4 – All creators of the final or intermediate topography of a semiconductor shall enjoy 
exclusive right of access to that topography, as long as it meets applicable legislation, namely 
with respect to registration.  
 5 – Registration cannot, however, take place after a period of 2 years counted from the 
first commercial exploitation of the topography in any location, nor can it take place after a 
period of 15 years counted from the date of first commercial exploitation that was established 
or codified for the first time if it has never been exploited . 
  
Article 156.  
 
General rule regarding right of registration  
 
 Article 57. shall apply to semiconductor topographies.  
 
Article 157.  
 
Special rules for registration ownership  
 
 Articles 58. and 59. shall apply to semiconductor topographies.  
 
Article 158.  
 
Creator rights  
 64 
  Article 60. shall apply to semiconductor topographies.  
 
Article 159.  
 
Applicable  rules  
 
 Semiconductor topographies shall be subject to patent legislations in all that does not 
contradict the nature of that private right.  
 
SECTION II  
 
Registration process  
 
Article 160.  
 
Form of the application  
 
 An application for registration of semiconductor  topographies shall be subject to articles 
61., 62, and 67 to 74., subject to the necessary  adaptations . 
 
 
 
Article 161.  
 
Grounds for refusal  
 
 1 – In addition to what is stipulated in article 23., registration of the semiconductor 
topography shall be refused if:  
 a) The semiconductor topography is not a topography as worded in article 153. and 154. ; 
 b) The semiconductor topography does not fulfil the requirements established in article 
155.;  
 c) The epigraph or title given to a semiconductor topograph y covers a different subject 
matter or there is a difference between the description and the drawings;  
 d) Its subject matter is not described in a manner that allows execution of the 
semiconductor topography by  a person skilled in the art ; 
 e) Articles 57. to 59. have been violated.  
 2 – In the case provided for in sub -paragraph e) of the previous number, instead of 
refusing the registration, transfer to the interested party may be granted if he or she has 
requested it.  
 3 – Recognition that the  applicant wishes to undertake unfair competition or that such 
may be possible regardless of his or her intention shall also constitute a reason for refusal.  
 
SECTION III  
 
Effects of the registration  
 
Article 162.  
 
Duration  
 65 
  The duration of the registration shall be 10 years , counted from the date of the 
respective application or the date when the topography was first exploited in any location, if 
this took place first.  
 
Article 163.  
 
Indication of registration  
 
 During the validity of the regist ration, its owner may use the capital letter “T” in one of 
the following manners for semiconductors manufactured using protected topographies:  
T, “T,” [T], (T) T* or T  
 
Article 164.  
 
Rights conferred by  the registration  
 
 1 – Registration of the topography shall entitle the owner to exclusive use throughout 
all of Portuguese territory, producing, manufacturing, selling or exploiting that topography or 
the products to which it applies, with the obligation to do so effectively and in accordance with 
market needs.  
 2 – Registration of the topography shall also entitle the owner to authorise or prohibit 
any of the following acts:  
 
 a) Reproduction of the protected topography;  
 b) Import, sale or distribution by any oth er form with a commercial purpose of a 
protected topography, a semiconductor that incorporates a protected topography , or an article 
that incorporates that type of semiconductor, only in so far as it continues to include an illegally 
reproduced topography.  
 
Article 165.  
 
Limitation of the rights conferred by  the registration  
 
 The rights conferred by  the topography registration shall not cover the following:  
 a) Private reproduction of a topography for non -commercial purposes;  
 b) Reproduction for the purpo se of analysis, assessment or education;  
 c) Creation of a distinctive  topography on the basis of the analysis or assessment 
mentioned in the previous sub -paragraph that may benefit from the protection stipulated in the 
present Code;  
 d) Execution of any o f the acts mentioned in no. 2 of the previous article in relation to a 
semiconductor that incorporates an illegally reproduced topography or any item  that 
incorporates a semiconductor of that type, if the person who executed or ordered execution of 
those acts did not know or had no obligation to know, at the time of acquiring  the semiconductor 
or the item  that incorporated the semiconductor that said item  incorporated an illegally 
reproduced topography;  
 e) If the person mentioned in the previous sub -paragraph has received sufficient 
information that the topography was reproduced illegally before he or she performs any  of the 
acts in question in relation to the products in his or her power or ordered before that time, he 
or she shall pay the equivalence of a royalty in an amount suited to the one applicable under a 
freely negotiated license for a topography of that type.  
 
Article 166.  66 
  
Exhaustion of the right  
 
 The rights conferred by  the registration of the topography shall not allow their owner 
to prohibit acts pertaining to topographies or semiconductors that the right protects, after 
commercialisation by the owner or with his or her consent within the European Economic 
area, unless  there are legitimate reasons for the owner of the registration to oppose their 
continued commercialisation.  
 
Article 167.  
 
Unenforceability  
 
 Article 105 shall apply to t he rights granted by the registratio n of semiconductor 
topographies . 
 
SECTION IV  
 
Conditions  of use  
 
Article 168.  
 
Loss and expropriation of the registration  
 
 Article 106 shall apply to semiconductor topographies.  
 
Article 169.  
 
Compulsory exploitation license  
 
 Semiconductor topographies shall be subject to articles 107. to 113. in cases where the 
compulsory licenses have a public purpose that is not commercial.  
 
SECTION V  
 
Invalidity of the registration  
 
Article 170.  
 
Nullity  
 
 In addition to the provisions of a rticle 32., registration of the semiconductor topography 
shall be null in the following cases:  
 a) When its subject matter does not satisfy the requirements stipulated in article 153, 
154. and 155;  
 b) When it is recognised that title or epigraph given to the topography covers a different  
subject matter ; 
 c) When its subject matter has not been described in a manner that allows it to be 
executed by  a person skilled in the art . 
 
Article 171.  
 67 
 Declaration of nullity or partial annulment  
 
 Article 115 . shall apply to  registration of semiconductor topographies.  
 
Article 172.  
 
 Revocation  
 
 In addition to the provisions of article 36., the registration of the semiconductor 
topography shall expire  under the following conditions:  
 
 a) Ten years after the last day of the calendar year during which the registration 
application was formally made, or the last day of the calendar year when the topography was 
commercially exploited in any location if the latter occurred first;  
 b) If the topography has not been commercially exploited, 15 years after the date when 
the topography was established or codified for the first time.  
 
CHAPTER III  
 
Designs or models  
 
SECTION I  
 
General provisions  
 
Article 173.  
 
Definition of design or model  
 
 The design or model shall depict the appearance of all or part of a product resulting from 
the characteristics of the lines, contours, colours, form, texture or materials of the actual 
product and its ornamentation.  
 
Article 174.  
 
Definition of product  
 
 1 – Product refers to any industrial or artisanal item, including, among others, 
components for assembling a complex product, packaging, presentation elements, graphic 
symbols and typographical characte rs, excluding computer software programmes.  
 2 – A complex product refers to any product consisting of multiple components that can 
be removed from the product  to disassemble it and reinsert  the components  in the product to  
assemble it once again.  
 
Article  175.  
 
 Requirements for grant  
 
 1 –Designs or models that are new and have a distinctive character shall be legally 
protected.  68 
  2 –Designs or models that are not entirely new , but undertake new combinations of 
known elements or different arrangements of already used elements, so as to give the 
respective products a distinctive character shall also be legally protected.  
 3 – Without prejudice to the previous numbers, up until the  publication of the design or 
model, the same applicant may apply for the registration of other designs or models that differ 
from the one that was initially submitted, with respect to insignificant details.  
 4 – A design or model that is applied or incorp orated into a product that is a component 
of a complex product shall be considered new and possess a distinctive characteristic whenever 
the following cumulative characteristics are present:  
 a) If from it one can reasonably expect that even after it is in corporated into the complex 
product it continues to be visible during normal use of said product;  
 b) The visible characteristics of this component fulfil the requirements of novelty and 
distinctiveness character . 
 5 – For the purpose of the provisions of sub -paragraph a) of the previous number, 
normal use is that which is performed by the final user, e xcluding acts of conservation, 
maintenance or repair.  
 6 – The following are not protected by the registration:  
 a) The appearance characteristics of a product that are exclusively determined by its 
technical function;  
 b) The appearance characteristics of  a product that shall necessarily be reproduced in 
their exact form and dimensions, in order to allow the product into which the design or model 
is incorporated or applied to be mechanically connected to another product, whether  placed 
inside of it, around  it or against that other product, so that both can carry out their function.  
 7 – Registration of the design or model shall be possible under the conditions stipulated 
in the following article and article 177., as long as its purpose is to allow a multiple assembly of 
interchangeable products, or connection to a modular system, without prejudice to the 
provisions of sub -paragraph b) of the previous number.  
 8 – If the registration was refused, pursuant to nos. 1 to 3 and sub -paragraphs a), d) to 
f ) of no. 4 of article 192., or declared null or annulled in accordance with articles 202. to 207., 
the design or model may be registered or the respective right  maintained in an unaltered form , 
as long as the following conditions have been met cumulatively:  
 a) Its identity has been maintained;  
 b) The necessary amendments are made in order to fulfil the protection requirements.  
 9 – Registration or maintaining it  in an amended format, stipulated in the previous 
number, may be accompanied by a declaration of partial renunciation by its owner or of the 
decision via which partial nullity was declared or via which the registration was partially 
annulled.  
 
Article 176.  
 
Novelty  
 
 1 – The design or model shall be considered new if, before the respective registration 
application or the claimed priority, no identical design or model has been disclosed to the public 
inside or outside of the country.  
 2 –Designs or models wh ose specific characteristics differ only with respect to 
insignificant details shall be considered identical.  
 
Article 177.  
 
Distinctive character  
 69 
  1 – A design or model shall possess a distinctive character if the overall impression that 
it causes on the  informed user differs from the overall impression caused to sa id user by any 
other design or model that has been disclosed to the public before the registration application 
date or the claimed priority.  
 2 – When assessing the distinctive character, the degree of freedom enjoyed by the 
creator for undertaking the design or model shall be considered.  
 
Article 178.  
 
Disclosure  
 
 1 – For the purpose of article 176. and the previous article, a design or model shall be 
considered publically disclosed if it has been published following registration, or under any other 
circumstance, introduced at an exposition, used in commerce, or mad e known in any other way, 
unless such facts could not have reasonably become known to the specialists  in the sector in 
question working in the European Union, during the course of their daily activity, before the 
registration application or claimed priorit y.  
 2 – However, the mere fact that the design or model has been introduced to a third 
party under explicit or implicit conditions of confidentiality shall not be considered public 
disclosure.  
 
Article 179.  
 
Non -prejudicial disclosures  
 
 1 – For the purpose of articles 176. and 177 ., if the design or model whose registration 
is sought has been publicly disclosed under the following cumulative conditions it shall not be 
considered disclosure : 
 a) By the creator, his or her successor or by a thi rd party, subsequent to information 
provided or measures taken by the creator or his or her successor;  
 b) During a period of 12 months that precedes the date when the registration 
application was submitted, or if priority is claimed, the priority date.  
 2 – Number 1 shall also apply if the design or model has been disclosed to the public as 
a result of abuse of the creator or his or her successor.  
 3 – An applicant who wishes to benefit from the provisions of the previous numbers 
shall indicate, at the tim e of submission of the application or within a period of one month, the 
date and location where the disclosure or exposition took place, submitting a supporting 
document that indicates said date and reproduces the products into which the design or model 
was incorporated or in which it was applied.  
 4 – A design or model registration applicant who has exhibited products into which the 
design or model was incorporated or applied, at an official or officially recognised international 
exposition that falls within the provisions  of the Convention Relating to International Exhibitions 
signed in Paris on 22 November 1928 and revised on 30 November 1 972, if an application is 
submitted within a period of six months counted from the first date o f exposition of said 
products,  may claim a priority right as of that date, pursuant to article 13 .  
 5 – An applicant who wishes to claim priority in accordance with the previous number 
shall submit an application, or within a period of one month, a certificate issued by the entity 
responsible for the exposition, indicating the date of first public disclosure and which reproduces 
the products in which the design or model was incorporated or to which the design or model 
was applied.  
 6 – At the request of the applicant, the time periods mentioned in nos. 3 and 5 can be 
extended only once for an equal period of time.  70 
  
Article 180.  
 
General rule regarding right to reg istration  
 
Article 57 shall apply to designs or models.  
 
Article 181.  
 
Special rules regarding ownership of the registration  
 
 Article 58. shall apply to designs or models, without prejudice to provisions pertaining 
to copyright.  
 
Article 182.  
 
Creator rights  
 
 Article 60. shall apply to designs or models.  
 
SECTION II  
 
Registration process  
 
Article 183.  
 
Filing of application s 
 
 1 – The registration application for a design or model shall be made via an application 
drafted in Portuguese, indicati ng or containing the following:  
 a) The name, trade name or corporate name of the applicant, his or her nationality, 
domicile or place of establishment, tax number when dealing with a resident of Portugal and e -
mail address, should it exist;  
 b) Indication  of the products in which the design or model is to be applied or 
incorporated, using the terms of the international classification of designs and industrial models;  
 c) The name and country of residence of the creator;  
 d) The country where the first application was filed , the date and number of that 
submission, if the applicant wishes to claim the right of priority;  
 e) The colours, if they are claimed;  
 f) The signature or electronic identification of the applicant or his or her representative.  
 2 – The illustrations or any other figures used to identify or describe the design or model, 
or which are included in its depictions shall not be considered a subject matter of protection, 
nor shall they determine i ts scope.  
 3 – For the purpose of no. 1 of article 12., in addition to the elements required in sub -
paragraph a) of no. 1, shall be submitted a representation of the design or model, or instead of 
this, when priority of a prior application has been claimed , indication of the number and date of 
the previous application and the organisation where such an application was submitted.  
 
Article 184.  
 
Documents to be submitted  
 71 
  1 – The request  shall be joined by graphic or photographic illustrations of the design or 
model, for the purpose of publication, with a representation of the product whose design or 
model is to be registered.  
 2 – The application shall also be accompanied by the following elements:  
 a) Authorisation to include any symbols, coats of arms, emblems or badges of the State, 
municipalities or other public or private entities, national or foreign, the emblem and name of 
the Red Cross, or other similar organisations, along with any signs covered  by article 6. of the 
Paris Convention for the Protection of Industrial Property;  
 b) Authorisation, when applicable, to include signs with a high symbolic value in the 
design or model, namely religious symbols;  
 c) Authorisation of the person whose name o r photograph figures on the design or 
model and is not the applicant.  
 3 – Upon his or her initiative, or via notification of the INPI, I. P., the applicant may 
submit a description, containing no more than 50 words per product, mentioning only the 
element s that appear on the illustrations of the design or model or in the sample that is 
submitted, refraining from making mentions pertaining to any possible novelty, the distinctive 
mature or technical value of the design or model.  
 5 – When the subject matter  of the application is a complex product, the graphic 
illustrations referred to in no. 1 shall illustrate and identify the parts of the product that are 
visible during its normal  use. 
 6 – When the subject matter of the application is a two -dimensional dra wing and the 
application includes, in accordance with article 190., a request to postpone the publication, the 
graphic illu strations referred to in no. 1 may be replaced with a sample of the product into which 
the drawing has been incorporated or applied, without prejudice to its presentation at the end 
of the postponement period.  
 7 – The graphic or photographic illustrations of the design or models’  requests referred 
to in no. 1 of article 186. shall be numbered sequentially in accordance with the total n umber of 
designs or models that are to be included in the same  application . 
 8 – Subject to notification from the INPI, I. P., the applicant shall submit the actual 
produ ct or other photographs taken f rom points of view that concurrently form a more precise 
idea of the design or model.  
 9 – When the applications for registeri ng the design or model include  a claim for a 
combination of colours, the graphic or photographic illustrations shall depict the clai med colours 
and the description, when depicted, shall refer to them.  
 
Article 185.  
 
Unity of the application  
 
 1 – No more than one registration can be requested in the same application and each 
design or model shall require a different registration.  
 2 –Designs or models that constitute various parts that are indispensable to forming a 
whole shall be included in a sin gle registration.  
 
Article 186.  
 
Multiple applications  
 
 1 – Without prejudice to the previous article, one application may include up to 100 
products, as long as they belong to the same class of the international classification of industrial 
designs and models.  72 
  2 – When the products do not belong to the same  class , the applicant shall be notified 
to divide the application.  
 3 – At the initiative of the applicant or subsequent to an examination reveal ing that an 
application for multiple registration of a design or model includes products that do not belong 
to the same class of international classification of industrial designs and models, the applicant 
may, at his or her own initiative or in compliance  with a notification, divide the application into 
a certain number of individual applications, each one preserving the date of the initial 
application and if applicable, the benefit of the right of priority.  
 4 – For the purposes mentioned in the previous number, a divisional application may 
only contain elements that do not go beyond the content of the initial application.  
 5 – Each design or model included in the multiple application or registration can be 
separated or transferred independently of the oth ers. 
 6 – If it is deemed that some of the products included in a multiple application do not 
constitute a design or model in accordance with article 173. and 174., the applicant shall be 
notified to undertake the respective reformulation for a patent or u tility model, the initial 
application date being maintained as the application date.  
 
Article 187.  
 
Examination of the form and ex officio examination  
 
 1 – Once the application for registration has been submitted to the INPI, I. P., the formal 
requirements established in articles 173., 174., nos. 3 and 5 of article 179, and articles 183 to 
186. shall be examined within a period of one month.  
 2 – Over the course of the time period mentioned in the previous number, the INPI, I. P. 
shall also veri fy ex officio whether the application infringes some of the prohibitions stipulated 
in nos. 1 to 3 of article 192 . 
 3 – If the INPI, I. P. ascertains that there are formal irregularities in the application or 
some of the  grounds for refusal are present as per nos. 1 to 3 of article 192., the applicant shall 
be notified to correct or rectify the objections that have been pointed out  within a period of one 
month.  
 4 – At the request of the applicant, the time period mentioned in the previous number 
may be ext ended only once for the same amount of time.  
 5 – If subsequent to the response of the applicant the irregularities have been corrected 
and the objections rectified , the application shall be published for the purposes of the following 
article.  
 6 – If, on the contrary,  the irregularities or objections remain, the registration shall be 
refused and the respective decision shall be published in the Industrial Property Bulletin.  
 7 – When the objections pertain only to some of the products, the application shall be 
published with respect to the other products with a mention of the products for which there are 
objections that were not addressed . 
 8 – Notification shall be immediately given of the refusal decision provided for in no. 6, 
in accor dance with no. 1 of article 16., with indication of the Industrial Property Bulletin in which 
the respective decision was published.  
 9 – After the time periods stipulated in article 17. have elapsed, the provisions of the 
present article shall not hinder the INPI, I. P. from claiming lack of compliance with the 
requirements mentioned in no.  1 or the existence of the prohibitions mentioned in no. 2, 
notifying the applicant to correct or rectify the objections that have been signalled, in 
accordan ce with the time periods provided for in this article.  
 
Article 188.  
 73 
 Publication  
 
 1 – If the application has been properly submitted or the irregularities have been 
corrected and the objections rectified, pursuant to no. 5 of the previous article, the re gistration 
application shall be published in the Industrial Property Bulletin, with mention of the elements 
provided for under article 183. and 184. that are considered relevant for publication purposes, 
including reproduction of the design or model and the international classification of the designs 
and industrial models, for the purpose of allowing claims by anyone who considers him or herself 
to have been harmed by the grant of the registration.  
 2 – The publication referred to in the previous number may  be postponed in accordance 
with article 190 . 
 3 – Notwithstanding the provisions of the previous article and whenever the applicant 
fails to submit the necessary clarifications or authorisations, the expressions indicated in no. 2 
of article 183. shall be eliminated ex officio from the product indicat ions and shall not be 
included in its publication.  
 
Article 189.  
 
Amendment of the application  
 
 After the application has been published it can only be amended at the request of the 
applicant in order to limit the number of products or to correct the name or address indicated 
in the application , textual  or transcription errors, or manifest errors, as long as the amendment 
does not substantially affect the  design or model or does not broaden the scope of the indication 
of the products in which the design or model is to be applied or incorporated.  
 
Article 190.  
 
Postponement of the publication  
 
 1 – Upon submitting the registration application for a design or model, the applicant 
may ask that the publication be postponed for a period that does not exceed 30 months counted 
from date on which the application was submitted or the priority was claimed.  
 2 – Requests for postponement of the publication that are su bmitted after the 
registration application date shall be subject to approval and decision by the INPI, I. P . 
 3 – If publication is postponed, the design or mo del shall be entered into the INPI, I. P. 
registries, but the application process shall not be disclosed.  
 4 – Whenever the applicant requests postponement of publication, the INPI, I. P. shall 
publish, four months after the application submission date, a notice of that postpone ment, 
which shall include indications that at least  identify the applicant, submission date of the 
application and the requested postponement period.  
 5 – At the request of the applicant, publication of the application may be undertaken 
before the postpone ment period has ended if all the required legal formalities have been 
complied with.  
  
Article 191.  
 
Subsequent formalities  
 
 1 – At the end of the opposition time period if no opposition has been submitted, 
registration is issued, full y or partial ly, and the grant decision shall be published, whether full or 
partial, in the Industrial Property Bulletin.  74 
  2 – Whenever a n opposition has been submitted, once the discussion has ended, the 
INPI, I. P. shall undertake analysis of the grounds for refusal invoked by the  opponent , within the 
period of one month.  
 3 – The grounds for refusal stipulated in nos. 4 and 5 of the following article shall only 
be analyses by the INPI, I. P. if invoked by the  opponent . 
 4 – When the opposition is considered valid, the registration is refused, and the refusal 
decision shall be published in the Industrial Property Bulletin.  
 5 – When the opposition is considered invalid, registration is issued, and the  grant 
decision s published in the Industrial P roperty Bulletin.  
 6 – When the opposition is considered valid only with regard to some products included 
in the application, registration shall be partially issued for the other products, and the partial 
grant decision shall be published in the Industrial  Property Bulletin with mention of the products 
that are the object of the refusal.  
 7 – The orders mentioned in the previous numbers shall immediately be given notice of 
in accordance with no. 1 of article 16. with indication of the Industrial Property Bu lletin in which 
the respective decision was published.  
  
Article 192.  
 
Grounds for refusal  
 
 1 – In addition to the provisions of article 23., registration of a design or model that 
contains the following shall be refused:  
 a) Any symbols, coats of arms, emblems or badges of the State, municipalities or other 
public or private entities, national or foreign, the emblem and name of the Red Cross, or other 
similar organisations, along with any signs covered by article 6. of the Paris Convention for the 
Protection of Industrial Property, unless authorised;  
 b) Signs that have a high symbolic value, namely religious symbols, unless authorised, 
when applicable, and except when they are common in the current language or bona fi de and 
established practices of  the trade of the products that the design or model pertain to and are 
accompanied by elements that grant them a distinctive character;  
 c) Expressions or figures that run counter to the law, morals, public order and proper 
customs.  
 2 – Registration of a design or model that consists exclusively of the flag of the 
Portuguese Republic or of some of its elements shall also be refused.  
 3 – Registration of a design or model shall also be refused if it contains, among other 
elements, the flag of the Portuguese  Republic in cases that lead to the following : 
 a) The consumer is led to suppose  wrongly that the products or services come from an 
official entity;  
 b) Produce disrespect or lead to reduced prestige of the Portuguese national flag or any 
one of its elements.  
 4 – When invoked by an interested party  the registration is refused if : 
 a) The design or model does not meet the conditions stipulated in articles 175. to 179.;  
 b) If there has been a n infringement of the provisions of articles 57. to 58. subject to the  
necessary adaptations;  
 c) The design or model interferes with a previous design or model that was publicly 
disclosed after the date of the application or the claimed priority date and has been protec ted 
since a previous date by an application or registration of a design or model;  
 d) A distinctive sign is used in a subsequent design or model and EU law or the provisions 
that regulate that sign issue the right to prohibit that  use; 
 e) The design or mo del constitutes unauthorised use of a work that is protected by 
copyright;  75 
  f) The design or model includes names, portrayals or any expressions or figures without 
having obtained authorisation from the people they pertain to and if they are deceased, from  
their heirs or parents up until the 4th degree, or if it has been obtained, it results in disrespect 
or loss of prestige for those persons;  
 g) The registration application has been made in bad faith.  
 5 – A design or model may also be refused registratio n when an interested party invokes 
recognition that the applicant wishes to undertake unfair competition or that such may be 
possible regardless of his or her intention.  
 
SECTION III  
 
Effects of registration  
 
Article 193.  
 
Scope of the protection  
 
 1 – The scope of the protection issued through registration covers all designs or models 
that do not lead to a different overall impression on the informed user.  
 2 – When assessing the scope of the protection, the degree of freedom that the creator 
has to  execute his or her design or model shall be taken into account.  
 
Article 194.  
 
Relationship with copyright  
 
Any registered design or model shall also benefit from the protection issued under 
legislation with regard to copyright as of the date when the design or model was created or 
defined in any form.  
 
Article 195.  
 
Duration  
 
 1 – The duration of the registration shall be 5 years counted fro m the date of the 
application and it may be renewed fully or partially for equal periods of time up until a limit of 
25 years.  
 2 – The renewals mentioned in the previous numbers shall be required during the last 
six months of the validity of the registrat ion. 
 
Article 196.  
 
Indication of the design or model  
 
 During the validity of the registration its owner may us the expression “ Design or model 
no.” or the abbreviations “DM no.” on the products.  
 
Article 197.  
 
Rights conferred by  the registration  
 76 
  1 – Registration of a design or model shall grant its owner the exclusive right to use and 
prohibit its use by third parties without his or her consent.  
 2 – The use referred to in the previous number shall particularly cover  the manufa cture, 
offering, marketing, importing, exporting or use of a product in to which that design or model 
was incorporated or to which it was applied, along with warehousing of that product for such 
purposes.  
 
Article 198.  
 
Limitation of the rights conferred by  the registration  
 
 The rights conferred by  the registration shall not cover:  
 a) Acts performed within a private scope and without commercial gain;  
 b) Acts performed for experimental purposes;  
 c) Acts pertaining to reproduction or for reference or educa tional purposes, as long as 
they are compatible with fair trading practices, do not unduly harm normal exploitation of the 
design or model, and the source is mentioned;  
 d) Equipment onboard ships and aircraft registered in another country when they 
tempor arily pass through national territory;  
 e) The importing of spare parts and accessories to repair such ships and aircraft;  
 d) Execution of the repairs on such ships and aircraft.  
 
Article 199.  
 
Exhaustion of the right  
 
 The rights conferred by  the registration shall not allow their owner to prohibit acts 
pertaining to products into which a design or model that was the subject matter of previous 
protection under a registration was incorporated or applied when the product was 
commercialised by th e owner or with his or her consent within the European Economic area.  
 
Article 200.  
 
Unamendability of the designs or models  
 
 1 – As long as the registration is valid, the designs or models shall remain unamended.  
 2 –Expansion or reduction at scale shall not affect the unamendability of the designs or 
models.  
 
Article 201.  
 
Amendment of the designs or models  
 
 1 – Any amendment made to the specific essential characteristics of the designs or 
models may be registered  as long as it respects the requirements established in article 175.  
 2 – The amendments made by the owner of the registration with respect to the designs 
or models that only change insignificant details can be the subject matter of a new registration 
or registrat ions.  
 3 – The registration or registrations referred to in the previous number shall be entered 
in the registry and included , when they exist, in the initial title and in all titles of the registrations 
undertaken in accordance with the same provision.  77 
  4 – The amended registrations referred to in no. 2 shall revert to the public domain in 
accordance with the validity of the initial registration.  
 
SECTION IV  
 
Invalidity of the registration  
 
Article 202.  
 
Nullity  
 
 In addition to the provisions of article 32., the registration of a design or model shall be 
null and void when upon its grant the provisions of nos. 1 to 3 and sub -paragraphs a), c) and g) 
of no. 4 of article 192. have been vio lated.  
 
Article 203.  
 
Annull ability  
 
 In addition to the provisions of article 33., the registration of the design or model shall 
be annullable when upon its  grant , the provisions of sub -paragraphs d) to f) of no. 4 of article 
193 have been violated . 
 
Article 204.  
 
Process for declaring nullity and annulment  
 
 1 – Persons who are legitimately entitled to file at INPI, I. P. a n application  for 
declaration of nullity o r annulment of a registration of a design or model shall do so through a 
request drafted in Portuguese, containing th e reasons on which such a request  was based . 
 2 – For the purpose of the provisions of nos. 3 and 4 of article 34., the following shall 
constitute an interested party that is legitimately entitled to submit a n application  for 
declaration of nullity or annulment, respectively:  
 a) Any individual or legal person and any association representing manufacturers, 
producers, service suppliers, merch ants or consumers who have the capacity to be a plaintiff or 
a defendant;  
 b) The owner of one of the rights referred to in no. 4 of article 192.  
 3 – An application  for declaration of nullity or annulment shall be inadmissible if a 
request related to the same subject matter and same cause for request among the same parties 
has already been the subject matter of a final administrative or judicial decision on the 
subst ance.  
 4 – The INPI, I. P. shall refuse a n application  for declaration of nullity or annulment 
whenever there is a prior counter -action for declaration of nullity or annulment that is pending 
with the same subject matter and involving the same parties.  
 5 – In addition to what is stipulated in article 32. and 33., the application s referred to in 
the previous numbers may be based on any of the reasons stipulated in article 202 and the 
previous article . 
 6 – The owner of the registration of the design or mode l on which the declaration of 
nullity or annulment was based shall be notified to respond within a period of two months if he 
or he wishes.  
 7 – At the request of the interest party, the time period referred to in the previous 
number may be extended only o nce for one more month.  78 
  8 –Ex officio or at the request of one of the parties, each party may be granted an 
inextensible time period of two months in order to submit  observations . 
 9 – In the case provided for in the previous number each party shall be granted an 
inextensible time period of one month to submit additional  observations . 
 10 – Declaration of nullity and annulment processes shall be subject to article 18 . 
 
Article 205.  
 
Renunciation during declaration of nullity and annulment process  
 
 1 – In cases where during the course of a declaration of nullity or annulment process of 
a registration of a design or model the respective owner has submitted a request for 
renunciati on, the decision regarding this request shall be suspended and the  applicant of the 
declaration of nullity or annulment shall be notified  to, within an inextensible period of one 
month , indicate whether or not he or she wishes to continue the process.  
 2 – If after the time period stipulated in the previous number the ap plicant fails to 
respond or if he or she responds indicating that he or she wishes to close the process, the 
renunciation  shall take effect and the application for declaration of nullity or annulment shall be 
considered withdrawn.  
 3 – If after the period stipulated in no. 1, the applicant indicates that he or she wishes 
to continue the process, a decision shall be rendered in accordance with the following article.  
 4 – In cases where nullity is declared or the registration of the design or model has been 
annulled with regard to all of the products, renunciation shall not take effect.  
 5 – In cases where nullity has been declared or the registration of the design or model 
has been annulled only for some products, the renunciation shall take effect only with respect 
to those products for which registration was not declared null or annulled.  
 
Article 206.  
 
Decision and effects of the declaration of nullity and annulment  
 
 1 – Once the time periods stipulated in article 204 . and in the previous article have 
elapsed, the INPI, I. P. shall render a decision regarding the declaration of nullity or annulment.  
 2 – If the assessment of the application for declaration of nullity or annulment results in 
the finding that the  registration of the design or model should have been refused with respect 
to all or part of the produ cts for which it was registered, nullity shall be declared or the 
registration annulled with respect to the products in question.  
 3 – If the registration  of the design or model has been declared null or annulled, it shall 
be deemed that it did not, from its beginning, produce the effects stipulated in the present code, 
without prejudice to the provisions of article 35 . 
 4 – The declaration of nullity or an nulment of the registration of the design or model 
shall be entered in the registry and notice of this shall be published in the Industrial Property 
Bulletin.  
 5 – The decisions mentioned in the present article shall immediately be given notice of 
in accor dance with no.1 of article 16., with indication of the Industrial Property Bulletin in which 
they have been published.  
  
Article 207.  
 
Application for counterclaim of declaration of nullity or annulment  
 79 
  1 – Application for declaration of nullity or annul ment of registrations of designs or 
models filed as part of a counterclaim shall be  decided by the courts, except when declaration 
of nullity or annulment applications have been submitted to the INPI, I. P. prior to the filing of 
the application for counterclaim, in which case the proceedings shall be suspended until the 
decision regardi ng the application submitted at said Institute has been rendered final  or the 
application has been withdrawn.  
 2 – The court shall refuse the application for counterclaim of the declaration of nullity 
or annulment whenever the INPI, I. P. has already rende red a final decision on the substance 
involving the same parties regarding  an application involving the same subject matter and same 
cause.  
 3 – Whenever the counterclaim applications referred to in no. 1 have been filed, the 
court shall communicate said f act to the INPI, I. P. for the purpose of the respective entry  in the 
registry and the provisions of no. 4 of article 204 . 
 4 – If an application for declaration of nullity or annulment prior to the filing of the 
counterclaim is pending at the INPI, I. P.,  the Institute shall inform the court of that fact, 
following the communication referred to in the previous number.  
 5 – If a counterclaim application is filed, the court may suspend the proceedings at the 
request of the applicant and after the other parti es have been heard, asking the defendant to 
submit to the INPI, I. P. an application for declaration of nullity or annulment within a period of 
10 days.  
 6 – If the application for declaration of nullity or annulment referred to in the previous 
number has not been submitted, the counterclaim application shall be considered withdrawn.  
  
CHAPTER IV  
 
Trade marks  
 
SECTION I  
 
General provisions  
 
SUB-SECTION I  
Trade mark s of products or services  
 
Article 208.  
 
Establishment of a trade mark  
 
 A trade mark may consist of a sign or series of signs that can be graphically illustrated, 
namely words, including names of people, drawings, letters, numbers, sounds, colour, the form 
of the product or the respective packaging, or via a sign or series of signs  that can be represented 
in a way that allows  determination of the subject matter of the protection granted to its owner 
in a clear and precise manner, as long as they are suitable for distinguishing the products or 
services of a company from those of other countries.  
 
Article 209.  
 
Exceptions  
 
 1 – The following do not meet the requirements of the previous article:  
 a) Trade mark s that are devoid of  any distinctive characteristic;  80 
  b) Signs consisting exclusively of their form or other characteristic imposed by the very 
nature of the product, its form or any other characteristic of the product necessary for obtaining 
a technical result or through their form or any other characteristic that gives substantial value 
to the product;  
 c) Signs consisting exclusively of indications that may serve in commerce to identify the 
type, quality, quantity, destination, value, geographical origin, time or means of production of 
the product or the supply of service, or other characteristics thereof;  
 d) Trade mark s consisting exclusively of signs or indications that have become usual in 
current language or in bona fide and established practices of the trade.  
 2 – The generic elements referred to in sub -paragraphs a), c) and d)  of the previous 
number that are included into the composition of a trade mark shall not be considered for 
exclusive use by an applicant, except when in commercial  practice the signs have acquired 
distinctive  character . 
 3 – At the request of the applicant  or opponent , the INPI, I. P. shall indicate in the grant 
decision which constitutive elements of the trade mark shall not be exclusively used by the 
applicant.  
 
Article 210.  
 
Ownership and exclusivity  
 
 1 – Registration shall grant the owner right of ownership and exclusivity over  the trade 
mark for the products and services  for which the trade mark is registered . 
 2 – The State may also enjoy ownership and exclusivity over the trade marks that it uses 
as long as it meets applicable legislation.  
 
Article 211.  
 
Right of  registration  
 
 The right of registration of a trade mark shall be enjoyed by the persons who have a 
legitimate interest in it:  
 
 a) Industrialists or manufacturers , in order to identify the products that it manufactures;  
 b) Merchants in order to identify the products that they sell ; 
 c) Farmers and producers, in order to identify the products of their activity;  
 d) Creators or trades workers to identify the products of their art , trade or profession;  
 e) Those persons who supply services, in order to identify the respective activity.  
 
Article 212.  
 
Registration by an agent or representative of the owner  
 
 1 – If the agent or representative of the owner of a protected trade mark i n one of the 
member countries of the Union or the  WTO , but not registered in Portugal, applies for 
registration of that trade mark in his or her own name, without authorisation of said owner, the 
latter shall be entitled to oppose the registration of the t rade mark or its  use, unless the agent 
or representative justifies his or her procedure.  
 2 – The owner mentioned in the previous number may request total or partial reversion 
of the application for registration or the registration in his or her favour.  
 
Article 213.  81 
  
Unregistered trade mark  
 
 1 – A person who uses a n unregistered trade mark for a period that does not exceed six 
months, shall for the duration of that period , have  priority to undertake  registration and may  
oppose to what has been claimed by another party.  
 2 – The veracity of the documents given as proof of this right of priority shall be assessed 
freely, unless authentic documents are involved.  
 
SUB-SECTION II  
 
Collective trade mark s and certification or guarantee trade marks  
 
Article 214.  
 
Collective trade mark  
 
 1 – A collective trade mark is a sign that is determined to belong to an association of 
individual or legal persons whose members use it or intend to use it in order to distinguish the 
products or services of the members of the association from those from other entities.  
 2 – Registration of the collective trade mark shall entitle its owner to discipline 
commercialisation of the respective products, under the conditions established by law, articles 
of association o r internal regulations.  
 3 – The provisions of nos. 2 to 4 of article 258 . shall apply, subject to the necessary  
adaptations , to all persons who are qualified to use the trade mark.  
 
Article 215.  
 
Certification or guarantee trade mark  
 
 1 – A certification or guarantee trade mark is a particular sign that belongs to an 
individual or legal person who controls the products or services or establishes norms that they 
must comply with as regards the material, method of manufacture of the products or  supply of 
the services, quality, precision or other characteristics of the products or services, with the 
exception of the respective geographical origin.  
 2 – This sign shall be used in the products or services that are submitted to that control 
or for w hich norms were not established.  
 3 – The provisions of nos. 2 and 3 of the previous article shall apply to certification or 
guarantee trade mark s. 
 
Article 216.  
 
Right to registration  
 
 1 – The right to registration of certification or guarantee trade mark s and collective trade 
mark s shall be attributed to:  
 a) Individual or legal persons, including institutions, authorities and public law bodies to 
which a certification or guarantee trad e mark has been legally attributed or for which a 
certification or guarantee trade mark has been recognised  and it can be applied to certain 
qualities of the products or services;  
 b) Legal persons who are responsible for, who control or certify economic a ctivities, in 
order to identify the products of those activities or those products that come from certain 82 
 regions, depending on their purposes and in accordance with the respective articles of 
association or legislation.  
 2 – The persons mentioned in sub -paragraph a) of the previous number may not 
perform a business activity that involves the supply of certified products or services.  
 
Article  217. 
 
Regulation of the use of the trade mark  
 
 1 – The persons mentioned in the previous article shall undertake inclusion of provisions  
in the trade mark use regulation s that identify the persons who are entitled to use the trade 
mark, affiliation conditions in the association if dealing with a collective trade mark, the 
conditions under which the trade ma rk should be used, including respective sanctions, the trade 
mark use plan and the rights and obligations of the interested parties in the event of usurpation 
or counterfeiting.  
 
 2 – The applicant of a collective trade mark and of a certification or guara ntee trade 
mark shall submit to the INPI, I. P. the trade mark use regulation, which shall contain the 
indications mentioned in the previous number.  
 3 – The trade mark use regulation s shall authorise any person whose products or 
services come from the geo graphic zone in question to become a member of the association 
that owns the trade mark, as long as said person fulfils all the conditions stipulated in the 
regulation s. 
 4 – Amendments to the use regulation that serve to modify the legal framework of the 
trade mark shall only take effect if they are communicated to the INPI, I. P. for the purposes of 
entry  in the registry . 
 5 – The amendments provided for in the previous number shall not be entered in the 
registry if the amended use regulation s do  not meet the requirements of the present sub -
section.  
 
Article 218.  
 
Grounds for refusing the registration  
 
 1 – Collective trade mark s and certification or guarantee trade mark s shall be subject to 
the reasons of refusal stipulated for products and servi ces trade mark s, subject to the neces sary 
adaptations . 
 2 – Registration of the trade mark shall also be refused when:  
 a) The trade mark fails to meet the conditions stipulated in article 214. and 215.;  
 b) The provisions of article 216. have not been com plied with;  
 c) The trade mark is likely to mislead the public with respect to the character or meaning 
of the trade mark, namely if it is likely to give the impression that the reality is one other than a 
collective trade mark or a certification or guarantee trade mark;  
 d) The trade mark use regulations have  not been submitted;  
 e) The trade mark use regulation s do not contain the necessary indications or are 
contrary to public order and proper customs.  
 
Article 219.  
 
 Revocation  83 
  1 – Collective trade mark s and certification or guarantee trade mark s shall be subject to 
the causes of revocation stipulated for products and services trade mark s, with the necessary 
adaptation.  
 2 – Registration of a trade mark shall also expire when:  
 a) The owner does not adopt reasonable measures to prevent the use of the trade mark 
that is incompatible with the conditions stipulated in the respective use regulation s, including 
any amendments that have been duly  entered in the registry ; 
 b) Use of the trade mark by qualified persons may mislead the public with respect to the 
character or meaning of the trade mark, namely if it is likely to give the impression that the 
reality is one other than that of a collective trade mark or certification or guarantee trade mark;  
 c) Amendments to the use regulation were  entered in the registry without having 
respected the provisions of no. 5 of article 217., unless the owner of the trade mark meets the 
requirements  of the present sub -section , via a new amendm ent. 
 
Article 220.  
 
Nullity and annul lability  
 
 1 – Collective trade mark s and certification or guarantee trade mark s shall be null and 
annullable  for the reasons stipulated, with the necessary adaptations for the products and 
services trade mark s. 
 2 – Registration of a trade mark shall also be null when the provisions of no. 5 of article 
217. have been violated, unless the owner of the trade mark meets the requirements of the 
present sub -section through a new amendment.  
  
Article 221.  
 
Applicable provisions  
 
 Collective trade mark s and certification our guarantee trade mark s shall be subject to 
the provisions of the present Code regarding products and services trade mark s, subject to the 
necessary  adaptations . 
 
SECTION II  
 
Registration process  
 
SUB-SECTION I  
 
National registration  
 
Article 222.  
 
Filing of a pplication s 
 
 1 – Application for trade mark registration shall be made through an application drafted 
in Portuguese, indicating the following:  
 a) The name, trade name or corporate name of the applicant, his or her nationality, 
domicile or place of establishment, tax number when dealing with a resident of Portugal, and e -
mail address, s hould it exist;  
 b) The products or services that the trade mark will pertain to, grouped according to the 
categories of the international classification of products and service, with each group preceded 84 
 by the number of the class it pertains to and identi fied with sufficient clarity and precision, 
preferably in accordance with the terms of the alphabetical list of the aforementioned 
classification, allowing the scope of the necessary protection to be determined ; 
 c) Express indication that the trade mark i s collective or a certification or guarantee 
trade mark, whatever the case may be;  
 d) Express indication of the type of trade mark that is to be registered, in cases where 
three -dimensional, sound, multimedia, hologram or movement trade  mark s are involved, 
among others;  
 e) The number of the registration of the reward  included or mentioned in the trade 
mark;  
 f) The colour or colours in which the trade mark is used, if they are claimed as a 
distinctive element;  
 g) The country in which the fir st trade mark registration application was submitted, the 
date and number of that submission if the applicant wishes to claim right of priority;  
 h) Indication of the date as of which the trade mark has been used, in the case provided 
for under article 213 .; 
 i) Signature or electronic identification of the applicant or respective representative.  
 2 – Whene ver for the purposes stipulated in sub -paragraph b) of the previous number 
the applicant uses the indications included in the titles of the international  classification 
categories of products and services, the scope of the registration application is considered to 
include all products and services covered by the literal sense of the indications used, and the 
latter cannot be interpreted as covering product s or services that cannot be included in them.  
 3 – For the purpose of the provisions of no. 1 of article 12., in addition to the elements 
required in sub-paragraphs a) and b) of no. 1, shall be submitted a representation of the 
intended trade mark shall b e submitted that allows for clear and precise determination of the 
subject matter of the protection granted to its owner.  
 
Article 223.  
 
 Documents to be submitted  
 1 – The application shall include a graphic representation of the sign or other form of 
representation that allows clear and precise determination of the subject matter of the 
protection granted to the respective owner, in accordance with the terms of the decision of the  
president of the directive council  of the I NPI, I. P . 
 2 – When the registration applications include a claim pertaining to a colour or 
combination of colours, the representation mentioned in the previous number shall exhibit the 
claimed colours.  
 3 – The application shall also be accompanied by th e following elements:  
 a) Authorisation from the person whose name or picture figures on the trade mark and 
is not the applicant;  
 b) Indication of the legal provisions, articles of association or internal regulations that 
govern their use, when dealing wi th collective trade mark s and certification or guarantee trade 
mark s; 
 c) Authorisation to include any symbols, coats of arms, emblems or badges of the State, 
municipalities or other public or private entities, national or foreign, the emblem or name of the 
Red Cross or other similar signs covered by article 6. of the Paris Convention for the Protection 
of Industrial Property;  
 d) Authorisation from the owner of the previous registration and holder of the exclusive 
license, if it exists, and barring a con tract provision to the contrary, pursuant to article 236.;  
 e) When applicable, authorisation to include signs of a high symbolic value in the trade 
mark, namely religious symbols.  85 
  4 – The lack of compliance with the requirements mentioned in the previous  number 
shall not prevent attribution of a date to the application, for the purpose of no. 1 of article 12 . 
 5 – When the trade mark contains writing in characters that are not well known, the 
applicant shall submit transliteration and translation of that writing, if possible.  
 6 – When verbal elements are included in the figurative elements of a trade mark the 
applicant shall specify this in the application.  
 
Article 224.  
 
Unity of the registration  
 
 The same trade mark that is to be used for the same prod uct or service can only be 
registered once.  
 
Article 225.  
 
Divisional applications and registrations  
 
 1 – At the initiative of the applicant or  owner of the trade mark registration an 
application or registration can be divided into a certain number of applications or divisional 
registrations, each on e preserving the date of the initial application and the ben efit of the  right 
of priority, if appl icable.  
 2 – For the purposes stipulated in the previous number an application or divisional 
registration can only contain elements that correspond to the content of the initial application.  
 
Article 226.  
 
Publication of the application  
 
 1 – A notice shall be published in the Industrial Property Bulletin regarding the 
submission of the application to allow any persons who believe to be harmed by the possible 
grant of the registration to submit an opposition , on the basis of the provisions of articles 232. 
to 235. or to allow third parties to make observations on the basis of article 231 . 
 2 – The publication shall contain a representation of the trade mark, classification of the 
products and services in the respective categories of the inte rnational classification and shall 
mention the indications referred to in no. 1 of article 222., with the exception of the tax number, 
domicile or place of establishment and e -mail address of the applicant.  
 3 – The INPI, I. P. shall be responsible for ver ifying the classification mentioned in the 
previous number, correcting it if necessary by inserting precise terms or deleting incorrect 
terms.  
 
Article 227.  
 
Invocation of non-genuine use of the trade mark in an opposition process  
 
 1 – Whenever after publication of the registration application a n opposition is submitted 
on the basis of the existence of a previous trade mark that at the date of submission of the 
registration application in question, or if applicable, at the date of the respective claimed 
priority, has already been registered for at least five years , the applicant may use the opposition 
to request that the opponent submit proof that the trade mark that is the subject matter of the  
opposition has been  subject to t he genu ine use stipulated in nos. 1 to 3 of article 267. during a 86 
 consecutive five-year  period prior to the aforementioned dates, or that there was a proper 
reason for non-use. 
 2 – In cases where the  opponent , after having been notified to so do within a period of 
one month, extendable by one more month, does not prove that the trade mark was the object 
of genuine use in accordance with the previous number, or that there was a proper reason for 
non-use, the opposition shall be refused.  
 3 – In cases where the opponent submits new evidence proving that his or her trade 
mark  was the object of  genuine use for all or only some of the products or services for which it 
was registered, or that there was a proper reason for non-use, the opposition shall be assessed 
taking into account those products and services.  
 4 – The provisions of the present article shall apply even if a European Union trade mark  
is at stake and in such cases genuine use shall be determined in accordance with applicable 
legislation for such trade mark s. 
 5 – The provisions of the present artic le shall not involve any assessment regarding the 
possible revocation of the trade mark registration on which the trade mark was based, and said 
revocation shall only be assessed if the procedures stipulated in article 269. are triggered.  
 
Article 228.  
 
Amendment of the application  
 
 After publication of the application, said publication can only be amended at the request 
of the applicant, in order to limit the list of products  or services or in order correct the name or 
address indicated in the application , textual  or transcription errors or manifest errors, as long as 
the amendment does not substantially affect the trade mark or does not expand the list of 
products or services.  
 
Article 229.  
 
Procedural  formalities  
 
 1 – The INPI, I. P. shall exam the file, which involves examining the registered trade mark 
and comparing it with other trade mark s and distinctive trade signs.  
 2 – Registration shall be granted when subsequent to examination, no reason for refusal 
has be en found and complaints or observations by third parties, if they exist, are considered 
unfounded.  
 3 – Registration shall be immediately refused if the opposition or observation is 
considered unfounded.  
 4 – Registration shall be temporarily refused when the examination reveals reason for 
refusal and the complaints or observations of third parties, if they exist, have not been 
considered founded.  
 5 – The provisional refusal shall be given notice of and the applicant shall respond within 
a period of one mo nth, otherwise the refusal shall become final if the objections that were made 
still remain in place, and this time period may be extended only once for the same amount of 
time at the request of the interested party.  
 6 – If given the response of the appli cant , pursuant to no. 1 of the subsequent article 
there must be a notification of the owner of the trade mark that  was invoked in the provisional 
refusal , the subsequent  procedural formalities stipulated in that article shall apply.  
 7 – If subsequent to the response of the applicant it is concluded that the refusal is 
unfounded, or that the objections that were raised were corrected, the decision shall be issued 
within a period of one month counted from the submission of said response . 87 
  8 – If, subsequent to the response of the applicant the assessment is not changed, the 
provisional refusal shall be the object of a final  decision . 
 9 – The final decision is immediately given  notice of, pursuant to no. 1 of article 16. with 
indication of the Industrial Property Bulletin in which the respective notice was published.  
 
Article 230.  
 
Invocation of non-genuine use of the trade mark in the response to a provisional refusal  
 
 1 – Whenever the provisional refusal stipulated in the previous article is based on the 
existence of a trade mark that on the date of the submission of the registration application that 
is the subject matter of the examination stipulated in no. 1 of that a rticle or, if applicable, on the 
date of the respective claimed priority, has been registered for at least five years, the applicant 
may in the response to the provisional refusal, request that the owner of that trade mark be 
notified to within a period of  one month, extendable by one more period, submit evidence that 
his or trade mark was the object of the genuine use stipulated in nos. 1 to 3 of article 267. during 
a period of consecutive five years prior to the aforementioned dates, or that there was a proprer 
reason for non-use. 
 2 – Whenever subsequent to the notification stipulated in the previous number and 
after the end of the time period stipulated therein the owner of the trade mark fails to prove 
that it was the object of genuine use or that there  was a good reason for l non-use, the objections 
raised in the provisional  refusal shall be considered corrected, and the decision shall be issued 
within a period of one month.  
 3 – Whenever the owner of the previous trade mark submits evidence showing that his 
or her trade mark was the object of genuine use for all or only some of the products or services 
for which it is registered, or that there is a proper reason for non-use, the reason that served as 
a basis for a provisional refusal is assessed taking into account those products or services.  
 4 – In the cases provided for in the previous number and if there was no change made 
to the assessment that was conducted on  the provisi onal refusal, said provisional refusal shall 
be the object of the final  decision . 
 5 – The provisions of the present article shall apply even if a European Union trade mark 
is involved and, in such cases , genuine use shall be determined in accordance with legislation 
applicable to such  trade mark s. 
 6 – The provisions of the present article shall not imply any assessment of any possible  
revocation of the trade mark registration on  which the provisional refusal was based, said 
revocation is only assessed if the procedures stipulated in article 269. are triggered.  
 7 – The final orders stipulated in the present article shall be subject to the provisions of 
no. 9 of the previous article.  
 
Article 231.  
 
Grounds for refusal of the registration  
 
 1 – In addition to what was stipulated in article 23., registration of a trade mark shall be 
refused when it:  
 a) Is made up of signs that cannot be graphically illustrated or in a manner that allows 
for clear and precise determination of the subject matter of the protection granted to its owner;  
 b) Consists of signs that do not have any distinctive characteristics;  
 c) Consists exclusively of the signs or indications that are mentioned in sub -paragraphs 
b) to d) of no. 1 of article 209.;  
 d) Contradicts the provisions of articles 208., 211. and 224 . 88 
  2 – A registration of a trade mark consisting exclusively of the si gns or indications 
mentioned in sub -paragraphs a), c) and d) of no. 1 of article 209. shall not be refused if prior to 
the dat e of the registration  application and subsequent to the use that was made of it, the trade 
mark  has acquired a distinctive characteristic.  
 3 – A trade mark registration shall also be refused if all or some of its elements contain 
the following:  
 a) Symbol s, coats of arms, emblems or badges of the State, municipalities or other public 
or private entities, national or foreign, the emblem and name of the Red Cross, or other similar 
organisations, along with any signs covered by article 6. of the Paris Convent ion for the 
Protection of Industrial Property, unless authorised;  
 b) Signs of a high symbol ic value, namely religious symbols, barring authorisation, when 
applicable and except when they are common in the current language or bona fide and 
established prac tices of the trade of the products that the design or model pertain to and are 
accompanied by elements that grant them a distinctive character;  
 c) Expressions or figures that run counter to the law, morals, public order and proper 
customs;  
 d) Signs that may mislead the public, namely with respect to the nature, qualities, utility 
or geographic origin of the product or service that the trade mark pertains to;  
 e) Signs or indications that contradict the provisions of national legislation, European 
Union legislation or international agree ments that the European Union is  a party to and which 
grant protection to appellations of  origin and geographic indications;  
 f) Signs or indications that contain, in all or some of their elements, traditional mentions 
pertaining to wine that are protected under European legislation or international agreements 
that the European Union is a party to;  
 g) Signs or indications that contain, in all or some of their elements, guaranteed 
traditional specialties that ar e protected under European legislation or international agreements 
that the European Union is a party to;  
 h) Signs or indications that contain, in all or some of their elements, classifications of 
plant varieties that are protected under European Union le gislation or international agreements 
that the European Union is a party to.  
 4 – Registration of a trade mark that consists exclusively of the flag of the Portuguese 
Republic or of some of its elements shall also be refused.  
 5 – Registration of a design or model shall also be refused if it contains, among other 
elements, the flag of the Portuguese Republic  in cases that can lead to the  following:  
 a) Mislead the public with regard to the geographic origin of the products or services 
that it pertains to;  
 b) Lead the consumer to suppose  wrongly that the products or services come from an 
official entity;  
 c) Produce disrespect or lead to reduced prestige of the Portuguese national flag or any 
one of it elements.  
 6 – When invoked by an interested party it al so constitutes grounds for refusal the 
recognition that the registration application was made in bad faith.  
 
Article 232.  
 
Other grounds for refusal  
 
 1 – The following shall also constitute grounds for refusal of registration of the trade 
mark:  
 a) Reproduction of a trade mark previously registered by another party for identical 
products or services;  89 
  b) Reproduction of a trade mark previously registered by another party for similar 
products or services or imitation, in whole or in part, of a trade m ark previously registered by 
another party for identical or similar products and services that may mislead or confuse 
consumers, or which would entail  the risk of association with the registered trade mark;  
 c) Reproduction of a logotype previously registe red by another party to distinguish an 
entity whose activity is identical to the products or services that the trade mark pertains to;  
 d) Reproduction of a logotype previously registered by another party in order to 
distinguish an entity whose activity is  similar to the products or services that the trad e mark 
pertains to, or imitation, in whole or in part, of the logotype previously registered by another 
party in order to distinguish an entity whose activity is identical or similar to the products or 
serv ices that the trade mark pertains to, if it is likely to mislead or confuse consumers;  
 e) Reproduction or imitation, in whole or in part, of the appellation of origin  or 
geographical indication that merits protection under the present Code, European Union  
legislation or international agreements that the European Union is party to, and whose 
application has been submitted before the date of submission of the trade mark registration 
application, or if applicable, before the date of the respective claimed pri ority, under reservation 
of its subsequent registration;  
 f) Infringement of other industrial property rights;  
 g) Use of names, pictures or any other expressions of figures without having obtained 
authorisation from the persons involved and if they are deceased, from their heirs or relatives 
until the 4th degree, or if obtained, it disrespects reduces the prestige of said persons;  
 h) Recognition that the applicant wishes to undertake unfair competition or that such is 
possible regardless of his or her i ntention.  
 2 – When invoked by an interested party, the following also constitutes a reason for 
refusal:  
 a) Reproduction or imitation of the name , corporate name and other distinctive signs, 
or merely a characteristic part of them that do not belong to th e applicant, or that the latter is 
unauthorised to use, if it is likely to mislead or confuse the consumer;  
 b) Infringement of copyright;  
 c) Infringement of the provisions of article 212 . 
 3 – In the case mentioned in sub -paragraph c) of the previous num ber, instead of refusal 
of the registration, its full or partial transfer may be granted to the owner if the latter has 
requested such.  
 4 – For the purpose of the present article and the following articles, a previously 
registered trade mark shall refer t o any registration of a national trade mark or a European Union 
trade mark that takes effect in Portugal.  
 5 – The provisions of sub -paragraphs a) to d) of no.1 cover the registration applications 
mentioned therein, provided that they have been subsequentl y registered.  
 
Article 233.  
 
Imitation of unregistered packages or labels  
 
 1 – Registration of trade mark s that under sub -paragraphs b) and c) of no. 1 of article 
238. are a reproduction or imitation of a particular external aspect, namely packaging or label, 
with the respective form, colour and layout of wording, medals, rewards  and other elements, 
proven to have been used by another party in its registered trade mark s shall  also be refused.  
 2 – Parties who are interested in refusal of the trade mark s mentioned in this article may 
only intervene in the respective process after they have submitted the registration application 
for their trade mark with the elements of the exte rior appearance referred to in the previous 
number.  
 90 
 Article 234.  
 
Well -known trade marks  
 
 1 – A trade mark containing the following shall be refused:  
 a) Reproduction of a previous trade  mark that is well-known in Portugal, if it is applied 
to identical products or services;  
 b) Reproduction of a previous trade mark that is well-known in Portugal, if it is applied 
to similar products or services, or imitation or translation, in whole or in part, of a previous trade 
mark that is well-known in Portugal, if it is applied to identical or similar products or services, 
whenever it may be confused with the well-known trade mark or if from such an application it 
is possible to establish an association with the owner of the well-known trade mark.  
 2 – Parties who are interested in the refusal of the trade mark registrations mentioned 
in the previous number may only intervene in the respective  process after they have submitted 
the application for registration of the trade mark that is at the origin of and constitutes the 
reason for their interest.  
 
Article 235.  
 
High -reputation trade marks  
 
 Without prejudice to the provisions of the previous article, a registration application 
shall also be rejected if the trade mark, although destined for products or services without any  
related identity or affinity, constitute s a translation, or is the same or similar to a previously 
registered trade mark th at enjoys high -reputation in Portugal or the E uropean Union, and 
whenever use of the subsequent trade mark seeks to derive undue benefit from the distinctive 
character or reputation of the trade mark or may prejudice the latter.  
 
Article 236.  
 
Declaration of consent  
 
 Registration of a trade mark that reproduces or imitates trade mark s or other industrial 
property rights that have been previously registered shall require a declaration of consent from 
the owners of those rights and holders of exclusive licenses, if they exist and the contracts do 
not stipulate otherwise.  
 
Article 237.  
 
Partial refusal  
 
 When there is reason to refuse the registration of a trade mark only with respect to 
some of the products services for which the registration w as requested, the refusal shall only 
cover those products and services.  
 
Article 238.  
 
Concept of imitation or usurpation  
 
 1 – A registered trade mark shall be considered imitated or usurped by another, in whole 
or in part, when the following occurs cumul atively:  
 a) The registered trade mark has priority;  91 
  b) Both are used to  identify  identical or similar products or services;  
 c) They have such a graphic, figurative, phonetic or other similarity that will easily 
mislead consumer s or confuse them, or will result in risk of association with a previously 
registered trade mark in such a way that consumers cannot differentiate them w ithout careful 
examination or comparison.  
 2 – For the purpose of sub -paragraph b) of the previous number:  
 a) Products and services that are included in the same class of the Nice classification 
may not be considered similar;  
 b) Products and services tha t are not included in the same class of the Nice Classification 
may be considered similar.  
 3 – Partial imitation or usurpation of the trade mark shall include use of a certain 
distinctive element that is part of another previously registered trade mark.  
 
SUB-SECTION II  
 
European Union Trade Mark  
 
Article 239.  
 
Transformation into application for registration of national trade mark and termination of 
seniority effects for European Union trade mark registrations  
 
 1 – When the application for European Union trade mark registration is rejected, 
withdrawn or considered withdrawn, or when the registration of the European Union trade mark 
ceases to have any effect, the respective applicant or owner may request transformation of his 
or her applicati on or registration into a national trade mark application, pursuant to the 
provisions of the Regulation referred to in no. 2 of article 39 . 
 2 – Once the transformation request has been received in accordance with the previous 
number, the INPI, I. P.  shall  decide on its admissibility and afterwards it shall notify the applicant 
to do the following within a period of two months as of that notification:  
 a) Fill out the national registration application form in Portuguese;  
 b) Add a graphic representation of the sign or other form of representation that allows 
for clear and precise determination of the subject matter of the protection granted to the 
owner;  
 c) Indicate the address in Portugal, e -mail address or fax number if it is in accordance 
with the  condit ions stipulated in sub -paragraph b) of no. 1 of article 10. for the purposes of no. 
5 of the same article;  
 d) Pay the fee pertaining to the national registration application.  
 3 – Once the requirements indicated in the previous number have been met, a nat ional 
registration case number shall be attributed, followed by the corresponding procedures.  
 4 – The seniority that is claimed for registration of a European Union trade mark shall 
cease to take effect in cases where it is subsequently ascertained that t he national or 
international registration of the trade mark that served as the basis of the seniority was 
extinguished or the object of a renunciation, as long as the extinction could have taken place or 
could have been declared at the time when the trade mark was extinguished or was the object 
of a renunciation.  
 
SUB-SECTION III  
 
International registration  
 
Article 240.  92 
  
Right to registration  
 
 The applicant or owner of a trade mark registration who is of Portuguese nationality, 
domiciled or established in Portugal, may ensure protection of his or her trade mark with the 
contracting parties that are included in the Union of Madrid, in accordance with the provisions 
of the Madrid Agreement or Protocol.  
 
Article 241.  
 
Filing of a pplication s 
 
 The international registration application shall be filled out using a specific form and 
submitted to the INPI, I. P. in accordance with the provisions of the Agreement or Protocol.  
 
Article 242.  
 
Renunciation  
 
 The owner of an international registration may always renounce the protection of his or 
her trade mark, fully or partially, within the territory of one or various contracting parties, in 
accordance with the provisions of the Madrid Agreement or Protocol . 
 
Article 243.  
 
Amendments to the registration  
 
 1 – The INPI, I. P. shall notify the aforementioned International Bureau of all the 
amendments that have been made to the registration of national trade marks that may influence 
international registration for the purposes of being part of said reg istry, as well as giving notice  
of publication and notification to the contracting countries that have granted protection.  
 2 – All requests for recording  of transfer of trade marks to persons with no legal 
personality in order to obtain an international registration shall be refused.  
 
Article 244.  
 
Publication of the application  
 
 A notice shall be published in the Industrial Propert y Bulletin regarding the protection 
application in Portugal, for the purpose of lodging complaints or submitting observations by 
third parties that consider themselves harmed by the possible granting of the registration.   
 
Article 245.  
 
Procedural formalities  
 
 1 – The provisions of articles 229. and 230. shall apply to the trade mark s of the 
international registry.  
 2 – The terms of the process shall also be regulated by the provisions applicable to the 
national registry and the provisio ns stipulated in the Agreement and Protocol of Madrid.  
 
Article 246.  93 
  
Grounds for refusal  
 
 Trade marks that have been internationally registered shall be refused protection within 
Portuguese territory when there has been reason for refusal of national reg istration.  
 
SECTION III  
 
Effects of registration  
 
Article 247.  
 
Duration  
 
 The registration shall be valid for 10 years counted from the date when the application 
has been submitted and may be indefinitely renewed, fully or partially, for equal periods of time . 
 
Article 248.  
 
Indication of registration  
 
 During the validity period of the registration , its owner may use the words  “Registered 
Trade Mark,” the initials “R. T. M.” or simply ®.  
 
Article 249.  
 
Rights conferred by  the registration  
 
 1 – Without prejudice to the rights acquired by the owner before the date of submission 
of the registration application or the claimed priority date, registration of the trade mark shall 
grant its owner the right to prevent third parties from using any sig n during the course of 
economic activities without the owner’s consent if the following occur:  
 a) That sign is identical to the trade mark used in relation to products or services that 
are identical to the products or services covered by the registration;  
 b) That sign is identical to the trade mark and is used in relation to products or services 
that are similar to the products or services covered by the registration or if that sign is similar to 
the trade mark and is used in relation to products or servi ces that are identical or similar to the 
products or services that are covered by the registration, in the event of risk of confusion or 
association by the consumer;  
 c) That sign is identical or similar to the trade mark and is used in relation to product s or 
services that may or may not be covered by the registration, if the trade mark enjoys high -
reputation in Portugal or the European Union, if it is a European Union trade mark and use of 
the sign derives undue benefit from the distinctive character or reputation of the trade mark or 
harms it.  
 2 – Pursuant to the previous number, the following shall be prohibited:  
 a) Affixation of the sign on products, their packaging or by any other means by which 
they are marketed;  
 b) Offering the products for sale bearing the sign, along with respective marketing or 
warehousing for that purpose, or offering or supplying services that bear the sign;  
 c) Importing or exporting products that bear the sign;  
 d) Use of the sign, in whole or in part, as a trade name or corporate name as a 
characteristic part of that trade name or corporate name;  94 
  e) Use of the sign in commercial documents and advertising;  
 f) Use of the sign in comparative advertising when the latter contradicts applicable 
legislation regarding advert ising.  
 3 – The owner of a trade mark registration may require the publisher of a dictionary, 
encyclopaedia or other similar reference book , printed or in electronic format , to reproduce  his 
or her trade mark in that work with an immediate mention that it is a registered trade mark, 
whenever the manner in which the trade mark is reproduced gives the impression that it is the 
generic name of the products or services mentioned in the work.  
 
Article 250.  
 
Preparatory acts  
 
 When performed during the course of the commercial operations, the owner of the 
trade mark registration shall be entitled to prevent the following preparatory acts:  
 a) Affixation of a sign that is the same or similar to his or her trade mark on labels, tags, 
security or authentici ty elements or devices , or any other medium  on which the trade mark may 
be affixed, if there is a risk that they may be used with products or services and said use 
constitutes infringement of the rights of the trade mark;  
 b) The offer or marketing, or respective warehousing and the import or export of 
packaging, labels, tags, security or authenticity elements or devices, or any other medium on 
which a sign that is the same or similar to his or her trade mark has been affixe d, if there is a risk 
that they may be used in relation to  products or services and said use constitutes infringement 
of the rights of the trade mark . 
 
Article 251.  
 
Goods in transit  
 
 1 – Without prejudice to rights acquired before the application filing  date or the date of 
the priority of the registered trade mark, the owner of the registration may prevent third parties 
from introducing, during the course of commercial operations, goods into national territory, 
even if they are no t in free circulation, if  said goods, including the respective packaging, come 
from third party countries and bear a trade mark that is the same as or similar to the trade mark 
registered for those goods without authorisation.  
 2 – The right of the trade mark owner provided for in  the previous number shall expire 
if during the legal action to determine whether there has been infringement of the registered 
trade mark, instituted in accordance with applicable legislation with respect to the intervention 
of customs authorities in orde r to ensure compliance with intellectual property rights, the 
declarant or holder o f the goods provides evidence that the owner of the registered trade mark 
cannot prohibit the marketing of these goods in the country of final destination.  
 
Article 252.  
 
Legal action due to infringement  
 
 1 – The owner of a registered trade mark can only prevent use of a sign if at the date on 
which he or she institutes legal action in which he or she claims infringement of the trade mark, 
his or her right is not liable to  expire pursuant to no. 1 of article 268 . 
 2 – If registration of the invoked trade mark has completed five years at the date when 
the legal action is instituted, the alleged infringer may request upon contestation that the owner 95 
 of the registration submit  proof that his or her trade mark meets the requirement of genuine 
use, as stipulated in articles 267. and 268., or that there is a proper reason for non-use. 
 3 – The owner of a registered trade mark may not subsequently prevent use of a 
registered trade mark in Portugal or the European Union if it is a European Union trade mark, 
when said trade mark cannot be declared null or annulled, pursuant to nos. 3 or 4 of article 260.  
of nos. 1 or 2 of article 261. and no. 4 of article 263 . of the present Code or nos. 1, 3 or 4 of 
article 60. of no.1 or no. 2 of article 61., and no. 2 of article 64. of Regulation (EU) no. 207/10001 
of the European Parliament and of the Council of 14 Ju ne 2017.  
 4 – In the cases provided for in the previous number, the owner of the subsequently 
registered trade mark may not oppose use of the previous trade mark, even if this right can no 
longer be invoked against his or hers.  
 
Article 253.  
 
Exhaustion of the right  
 
 1 – The rights conferred by  the registration shall not allow the owner to prohibit use of 
the trade mark with products that are commercialised by the owner him or herself with his or 
her consent, within the European economic area.  
 2 – The provisions of the previous number shall not apply whenever there are legitimate 
reasons, namely when the state of those products is modified or changed after they are put on 
the market.  
 
Article 254.  
 
Limitations on the rights conferred by  the re gistration  
 
 The rights conferred by  the registered trade mark shall not allow the owner to prevent 
third parties fr om using the trade mark during their economic activity, as long as such is done in 
accordance with the standards and honest practices pertai ning to industrial and commercial 
materials:  
 a) His or her own name and address if the third party is an individual person;  
 b) Signs or indications that are not distinctive or that refer to the type, quality, quantity, 
destination, value, geographical or igin, time and means of production of the product or supply 
of service or other characteristics of the products or services;  
 c) The trade mark for purposes of identification or reference to products or services as 
if they belonged to the owner of the trad e mark, especially whenever such is necessary in order 
to indicate the destination of a product or service, namely in the form of accessories or spare  
parts.  
 
Article 255.  
 
Unamendability  of the trade mark  
 
 1 – The trade mark shall remain unamended and any changes to its elements  shall be 
subject to a new registration.  
 2 – Simple modifications that do not harm the identity of the trade mark  and only affect 
its proportions, the material used to stamp it, engr ave it or reproduce it and the dye or colour, 
if it has not been expressly claimed as one of the characteristics of the trade mark shall be 
excepted from the previous number.  
 3 – Inclusion of the identity of the trade mark or deletion of the indication ex pressed in 
the product or service that the trade mark is destined for and the production year  shall also not 96 
 harm the identity of the trade mark , nor shall a change in domicile or place of establishment 
harm the identity of the trade mark.  
 4 – The nominat ive trade mark shall only be subject to unamendability rules with respect 
to the written expressions included in it and it can be used with any figurative aspect as long as 
it does not violate third party rights.  
 
SECTION IV  
 
Transfer and licenses  
 
Article 256.  
 
Transfer  
 
 1 – When the transfer of a registration is partial in relation to the products or services 
for which the trade mark was registered, a copy of the case must be requested and it shall serve 
as the basis for an independent registratio n, including the right to the title.  
 2 – Transfer of the entire company shall imply transfer of the trade mark, unless 
otherwise stipulated or if the contrary clearly ensues under the circumstances.  
 3 – The provisions of the previous number shall apply t o the registration applications 
and in the case of partial transmission, new applications shall preserve the priorities they were 
entitled to.  
 
Article 257.  
 
Limitations of transfer  
 
 Trade marks that are registered in the name of organisations that are responsible for or 
that control economic activities shall not be transferrable, barring special legal provisions, 
articles of association or internal regulations.  
 
Article 258.  
 
Licenses  
 
 1 – The owner of the registered trade mark may invoke the rights conferred by  the 
registration against a licensee that infringes any clause or provision of the license contract as 
regards its validity duration, the identity of the trade mark, the nature  of the products or services 
for which the license was granted, the boundaries of the zone or territory or the quality of the 
products manufactured or services supplied by the licensee.  
 2 – Unless otherwise stipulated and without prejudice to the provisions of the following 
number, the licensee may only institute legal proceedings in which infringement of the right of 
a trade mark is claimed if consent of the respective owner has been obtaine d. 
 3 – The owner of an exclusive license may institute the legal proceedings mentioned in 
the previous number if after prior notification the owner of the registered trade mark does not 
institute such proceedings within a period of no more than six months . 
 4 – Pursuant to the terms and deadlines stipulated in civil procedure legislation, any 
licensee may intervene in an action in which infringement of a trade mark is c laimed, in order to 
compensate  for losses that have been incurred.  
 
SECTION V  
 97 
 Extinctio n of the trade mark registration or the rights derived therefrom  
 
Article 259.  
Nullity  
 
 1 – In addition to the provisions of article 32., trade mark registration shall be null when 
upon its  grant , the provisions of nos. 1 and 3 of article 231. have been violated.  
 2 – The provisions of no. 2 of article 231. shall apply to actions of nullity.  
 
Article 260.  
 
Annullability  
 
 1 – In addition to the provisions of article 33. , trade mark registration sha ll be annullable 
when upon its grant the provisions of articles 232. to 235. have been violated, excepting the 
provisions of sub-paragraph h) of no.1 of article 232. 
 2 – An interested party who wishes to annul a trade mark registration on the basis of 
articles 234. or 235. shall apply for registration of the trade mark that has originated the 
annulment request for the products or services that gave it well-knownness or high -reputation , 
respectively.  
 3 – When the annulment is based on article 235., registration cannot be annulled if on 
the date  that the respective registration application was made or on the date of the respective 
claimed priority, the claimed previous t rade mark did not yet enjoy any  high -reputation . 
 4 – Registration may not be annulled if on the date when the respective registration 
application was made or on the date of the respective claimed priority the  invoked previous 
trade mark does not satisfy t he condition of genuine use in accordance with article 267. or if 
said trade mark has not acquired distinctive character through the use that was made of it , or if 
it has not become sufficiently distinctive to the point of causing the risk of confusion sti pulated 
in article 232 . 
 5 – The registration cannot be annulled if the declaration provided for in article 236. has 
been obtained.  
 
Article 261.  
 
Preclusion due to  acquiescence  
 
 1 – The owner of a registered trade mark who, aware of the fact, has acquiesced for a 
period of five consecutive years the use of a subsequent registered trade mark, shall cease to 
be entitled, on the basis of his or her previous trade mark, to request annulment of the 
regis trati on of the subsequent trade mark or  oppose its use in relation to the products or 
services with which the subsequent trade mark has been used, unless the subsequent trade 
mark was registered in bad faith.  
 2 – The period of five years provided for in t he previous number shall be counted as of 
the time when the owner becomes aware of the fact.  
 3 – The owner of the subsequent registered trade mark may not oppose the previous 
right, even if it can no longer be invoked against the subsequent trade mark.  
 
Article 262.  
 
Declaration of nullity and annulment process  
 98 
  1 – Persons who are legitimately entitled to file with  the INPI, I. P. an application for 
declaration of nullity or annulment of a trade mark registration shall do so through a request 
drafted in  Portuguese, listing the reasons on which the requests were based.  
 2 – For the purpose of the provisions of nos. 3 and 4 of article 34., an interested party 
who is legitimately entitled to submit a n application  for declaration of nullity or annulment, 
respectively, shall be the following:  
 a) Any individual or legal person or association representing manufacturers, producers, 
service providers, merchants or consumers, having the capacity to take legal action or defend 
against it;  
 b) The owner of one of the rights referred to un articles 232. to 235 . 
 3 – The application  for declaration of nullity or annulment shall be inadmissible if a 
request associated with the same subject matter and same cause for request among the same 
parties has been the subject m atter of a final decision of merit, administrative or judicial.  
 4 – The INPI, I. P. shall immediately refuse a n application  for declaration of nullity or 
annulment whenever a counterclaim of declaration of nullity or annulment is pending in the 
courts, fi led previously with the same subject matter and involving the same parties.  
 5 – In addition to what is stipulated in articles 32. and 33., the application s referred to 
in the previous numbers can be based on any of the reasons provided for in articles 259 . and 
260. 
 6 – The owner of the registered trade mark who provides a reason for declaration of 
nullity or annulment shall be notified to respond, if he or she so wishes, within a period of two 
months.  
 7 – At the request of the interested party, the time period referred to in the previous 
number may be extended only once, for one more month.  
 8 –Ex officio or at the request of one of the parties, each part y may be granted an 
inextensible time period of two months in order to submit  observations . 
 9 – In the case provided for under the previous number, each party shall be granted an 
inextensible period of one month to submit additional  observations . 
 10 – The declaration of nullity and annulment processes shall be subject to article 18 
with the necessar y adaptations.  
 
Article 263.  
 
Invocation of non-genuine use of the trade mark in an annulment process  
 
 1 – Whenever the application  for annulment has been submitted on the basis that there 
is a previous trade mark that at the time of filing  of said application has already been registered 
for at least five years, the owner of the registration  in relation to which the application of 
annulment has been submitted may request that the owner of the prior trade mark submit proof 
that it met the condition of genuine use provided for in nos. 1 to 3 of article 267. during a period 
of five consecutive years before the aforementioned date, or that  there was a proper reason for 
non-use. 
 2 – If at the date of the registration application or date of claimed priority of the 
subsequent trade mark the five year period has already ended during which the previous trade 
mark should have been the object of genuine use as per no. 1 of article 268., the owner of the 
previous trade mark registration shall submit, in addition to the evidence stipulated in t he 
previous number, proof that his or her trade mark was the object of genuine use for a period of 
five years prior to the date of registration application or prior to the claimed priority date for 
the subsequent trade mark, or that there was a proper reas on for non-use. 
 3 – The proof referred to in the previous numbers may be requested in the response to 
the annulment application or in the observations provided for in the previous article.  99 
  4 – In cases where the owner of the registered trade mark on whic h the annulment 
application has been based, after being notified to do so within a period of one month, 
extendable by one more month, fails to prove that the trade mark was the object of genuine use 
in accordance with nos. 1 or 2, or that there was a prope r reason for non-use, the annulment 
application shall be refused.  
 5 – In cases where the owner of the registered trade mark who provides a reason for 
the annulment application submits proof that his or her trade mark was the object of genuine  
use for all or only some of the products or services for which it is registered, or that there was a 
proper reason for non-use, the annulment application shall be assessed by taking into account 
those products or services.  
 6 – The provisions of the present article shall apply even when dealing with a European 
Union trade mark, and in such cases genuine use shall be determined in accordance with 
legislation applicable to these trade mark s. 
 7 – The provisions of the present a rticle shall not involve any assessment regarding the 
possible revocation of the trade mark registration on which the annulment application is based, 
and said revocation shall only be assessed if the procedures stipulated in article 269. are 
triggered.  
 
Article 264.  
 
Renunciation during declaration of nullity and annulment process  
 
 1 – In cases where during the course of a declaration of nullity or annulment process of 
a trade mark registration the respective owner submits a request for renunciation, the d ecision 
regarding this request shall be suspended and the applicant of the declaration of nullity or 
annulment application shall be notified to within an inextensible period of one month, indicate 
whether he or she wishes to continue the process.  
 2 – If after the time period stipulated in the previous number the applicant fails to 
respond or if he or she responds indicating that he or she wishes to terminate  the process, the 
renunciation shall take effect and the application for declaration of nullity or a nnulment shall be 
considered withdrawn.  
 3 – If after the time period stipulated in no. 1 the applicant indicates that he or she 
wishes to continue the process, the decisions shall be rendered in accordance with the following 
article.  
 4 – In cases where nullity is declared or the trade mark regi stration is annulled for all of 
the products or services, renunciation shall not take effect.  
 5 – In cases where nullity is declared or the trade mark registration is annulled only for 
some of the products or services, renunciation shall only take effect with respect to the products 
or services for which the registration was not declared null or annulled.  
 
Article 265.  
 
Decision and effects of the declaration of nullity and annulment  
 
 1 – Once the time periods stipulated in articles 262. to 264. have elapsed, the INPI, I. P. 
shall decide on the application for declaration of nullity.  
 2 – If subsequent to the assessment of the declaration of nullity or annulment it is 
determined that the trade mark registration should have been refused for all or part of the 
products or services for which it was registered, nullity shall be declared or the registration 
annulled for the products and services in question.  100 
  3 – If the trade mark registration is declared null or annulled, it  shall be determined that , 
since its beginning,  it did not produce the effects stipulated in the present code, without 
prejudice to the provisions of article 35 . 
 4 – The declaration of nullity or annulment of the trade mark registration shall be 
entered in the registry and notice shall b e given of it in the Industrial Property Bulletin.  
 5 – The decisions mentioned in the present article shall immediately be given notice of, 
pursuant to no. 1 of article 16., with indication of the Industrial Property Bulletin in which they 
shall be publis hed.  
 
Article 266.  
 
Application for counterclaim of declaration of nullity or annulment  
 
 1 – Applications for declaration of nullity or annulment of registrations of trade mark s 
filed as part of a counterclaim shall be decided by the courts, except when declaration of nullity 
or annulment applications have been submitted to the INPI, I. P. prior to the filing of the 
application for counterclaim, in which case the proceedings shal l be suspended until the decision 
regarding the application submitted at said Institute has been rendered final or the application 
has been withdrawn.  
 2 – The court shall refuse the application for counterclaim of the declaration of nullity 
or annulment w henever the INPI, I. P. has already rendered a final decision on the substance 
involving the same parties regarding an application involving the same subject matter and same 
cause.  
 3 – Whenever the counterclaim applications referred to in no. 1 have been filed, the 
court shall communicate said fact to the INPI, I. P. for the purpose of the respective recording  
and the provisions of no. 4 of article 2 62. 
 4 – If an application for declaration of nullity or annulment prior to the filing of the 
counterclaim i s pending at the INPI, I. P., the Institute shall inform the court of that fact, 
following the communication referred to in the previous number.  
 5 – If a counterclaim application is filed, the court may suspend the proceedings at the 
request of the applic ant and after the other parties have been heard, asking the defendant to 
submit to the INPI, I. P. an application for declaration of nullity or annulment within a period of 
10 days.  
 6 – If the application for declaration of nullity or annulment referred t o in the previous 
number has not been submitted, the counterclaim application shall be considered withdrawn.  
 
Article 267.  
 
Use of the trade mark  
 
 1 – The following shall be considered genuine use of the trade mark:  
 a) Use of the trade mark as it is registered or in a manner that does not differ from it, 
except with regard to elements that do not change its distinctive character, in accordance with 
article 255., undertaken by the owner of the registration or by the licen see, with a duly entered 
in the registry license, regardless of whether or not the trade mark , in the form that it is used,  is 
also registered under the name of the owner;  
 b) Use of the trade mark, as defined in the previous sub -paragraph, for products or  
services for which it was registered, or in the respective packages, used only for export;  
 c) Use of the trade mark by a third party, as long as it is with the consent of the owner 
and for the purposes of maintaining the registration.  
 2 – Use of the col lective trade mark shall be that which is done with the consent of the 
owner . 101 
  3 – Use of the certification or guarantee trade mark shall be that which is done by a 
qualified person.  
 4 – The beginning or resuming of genuine use during the three months tha t immediately 
precede the submission of a  declaration of revocation application , counted as of the end of the 
uninterrupted  five-year  period of non -use shall not, however,  be take n into account if the 
diligences for beginning or resuming the use  have only take n place after the owner has become 
aware that an application for declaration of revocation is going to be  filed.  
 
Article 268.  
 
 Revocation  
 
 1 – In addition to what is stipulated in article 36., the revocation of the registration shall 
be de clared if the trade mark has not been the object  of genuine use for five consecutive years 
for the products or services for which it was registered, barring proper reason and without 
prejudice to no. 4 and the previous article.  
 2 –Revocation of the declar ation shall also be declared if after the date on which it was 
made:  
 a) The trade mark has become the usual trade name of the product or service for which 
it was registered, as a consequence of the activity or inactivity of the owner;  
 b) The trade mark h as become liable to mislead the public, namely with respect to the 
nature, quality and geographical origin of those products or services, subsequent to the use 
undertaken by the owner of the trade mark or by third parties with his or her consent, for the 
products or services for which it was registered.  
 3 –Revocation of the collective trade mark shall be declared:  
 a) If the legal person under  whose name it was registered ceases to exist;  
 b) If that legal person consents in allowing the trade mark to be used in a manner that 
is contrary to its general purposes or that runs contrary to articles of association.  
 4 – The registration shall not expire if, before the application for declaration of 
revocation has been submitted, genuine use of the tr ade mark has already begun or resumed, 
without prejudice to the provisions of no. 4 of the previous article.  
 5 – The time period mentioned in no. 1 shall begin with registration of the trade mark.  
 6 – In the case of interna tional trade marks, the time pe riod referred to no. 1 shall begin 
on the date when the trade mark ceases to be subject to refusal or opposition.  
 7 – For the purposes stipulated in the previous number, if opposition has been filed or 
a refusal has been given notice of, the time period s hall be calculated from the date when the 
final decision was rendered or opposition was withdrawn.  
 8 – When there are grounds for revocation of a trade mark registration for only some of 
the products or services for which it was created, revocation shall only cover those products or 
services.  
 
Article 269.  
 
Applications for declaration of revocation  
 
 1 – Applications for declaration of revocation shall be submitted to the INPI, I. P . 
 2 – The applications referred to in the previous number may be based on any of the 
reasons established in nos. 1 to 3 of the previous article.  
 3 – The owner of the registration shall always be notified of the application for 
declaration of revocation in order to respond to it within a period of one month, if he or sh e so 
wishes.  102 
  4 – At the request of the interested party, submitted in a timely manner, the time period 
referred to in the previous number may be extended only once for one more month.  
 5 – The owner of the registration, or its licensee if there is one, sh all be responsible for 
proving use of the trade mark, otherwise the trade mark shall be considered unused.  
 6 – Once the response time period has elapsed, the INPI, I. P. shall render a decision 
regarding the declaration of revocation of the registration, within a period of one month.  
 7 – The revocation process shall be extinguished if, before the decision, the respective 
application has been withdrawn.  
 8 –Revocation shall be declared via a process that runs its course at the INPI, I. P. and 
shall take ef fect from the date of the application for declaration of  revocation , unless, at the 
request of one of the parties, a prior date has been stipulated in the declaration of  revocation , 
when one of the grounds for revocation was verified.  
 9 – Revocation  shall be entered into the registry and notice of it shall be published in 
the Industrial Property Bulletin.  
 
CHAPTER V  
 
Rewards  
 
SECTION I  
 
General provisions  
 
Article 270.  
 
Object  
 
The following shall be considered rewards:  
 a) Awards for merit bestowed by the Portuguese State of by foreign countries;  
 b) Medals, diplomas and monetary prizes or prizes of any other nature obtained at 
expositions, fairs and contests that are official or officially recognised, held in Portugal or in 
foreign co untries;  
 c) Diplomas and certifications of analysis or praise, issued by laboratories or State 
services or organisations qualified for such purposes;  
 d) Titles of supplier of the Head of State, Government and other entities or official 
establishments, na tional or foreign;  
 e) All other prizes or official demonstrations of preference.  
 
Article 271.  
 
Conditions under which  rewards  are mentioned  
 
 Rewards cannot be applied to products or services that are different from those for 
which they were granted.  
 
Article 272.  
 
Ownership  
 
 Rewards of any kind, granted to industrialists, merchants, farmers and other 
entrepreneurs shall be considered to be their own property.  
 103 
 SECTION II  
 
Registration process  
 
Article 273.  
 
Filing of a pplication s 
 
 The appli cation for registration of rewards shall be made via request drafted in 
Portuguese, indicating the following:  
 a) The name, trade name or corporate name of the applicant, his or her nationality, 
domicile or place of establishment, tax number when dealing w ith a resident of Portugal and e -
mail address, if it exists;  
 b) The rewards that are to be registered, the entities that bestowed them and respective 
dates;  
 c) The products or services that merited grant of the reward;  
 d) The logotype that the reward is  linked to, in whole or in part, when such is the case;  
 e) The signature or electronic identification of the applicant or respective 
representative.  
 
Article 274.  
 
 Documents to be submitted  
 
 1 – Originals or certified photocopies of the diplomas or other documents proving the 
grant of the reward shall be added to the application.  
 2 – Proof of the grant of the reward may also be given by adding a duly authenticated 
copy of the official publica tion in which the reward was issued or published, or only the part 
necessary and sufficient for identifying it.  
 3 – The INPI, I. P. may require submission of Portuguese translations of the diplomas or 
other documents drafted in foreign languages.  
 4 – The registration of rewards that contain references to logotypes shall require prior 
registration of the  logotype . 
 
Article 275.  
 
Grounds for refusal  
 
 In addition to the provisions of article 23., registration of rewards shall be refused when:  
 a) By their v ery nature they cannot be included in any of the categories stipulated in the 
present Code;  
 b) If it is proven that they have been applied to products or services that are different 
from those for which they were bestowed;  
 c) There has been transfer of i ts ownership without transfer of the establishment’s 
ownership or the part of the latter that is of interest, when this is the case;  
 d) If it is demonstrated that the reward was revoked or does not belong to the applicant.  
Article 276.  
 
Return of documents  
 104 
  1 – Once the time period for filing an appeal has passed, the diplomas or other 
documents that are part of the process shall be returned to the applicants who request them in 
writing and they shall be replaced with copies in electronic format o r certified copies.  
 2 – The return shall be made with a receipt that shall be included in the process 
documents.  
 
SECTION III  
 
Use and transfer  
 
Article 277.  
 
Indication of rewards  
 
 Use of rewards that have been legitimately obtained shall be permitted, regardless of 
registration, but only when the registration has been made can the reference or copy of the 
rewards be accompanied by the phrase “Registered reward” or the abbreviations “‘R. R.’,” “‘RR’” 
or “RR.”  
 
Article 278.  
 
Transfer of ownersh ip 
 
 Transfer of ownership of the rewards shall entail applicable legal formalities with 
respect to transfer of ownership of the property associated with them.  
 
SECTION IV  
 
Extinction of the registration  
 
Article 279.  
 
Annullability  
 
 1 – In addition to the provisions of article 33., the registration shall be annullable when 
the reward title has been annulled.  
 2 – With the necessary adaptations, the provisions of article 262. to 265. shall apply, 
with the exception of no. 2 of the latter arti cle and article 266 . 
 
Article 280.  
 
 Revocation  
 
 1 – The registration shall expire when the grant of the reward has been revoked or 
cancelled.  
 2 –Revocation of the registration shall lead to extinction of the use of the reward.  
 
CHAPTER VI  
 
 Logotypes  
 
SECTION I  105 
  
General provisions  
 
Article 281.  
 
Composition of the  logotype  
 
 1 – The logotype may consist of a sign or group of signs that can be graphically 
illustrated, namely through nominative or figurative elements or a combination of both, or by a 
group of signs that can be represented in a manner that allows for clear and precise 
determinati on of the subject matter of the protection that was granted to the owner.  
 2 – The logotype shall be suited to identifying an entity that provides services or markets 
products, usable with establishments, advertisements, printed material or correspondence.  
 
Article 282.  
 
Right to registration  
 
 Any individual or collective entity, whether public or private, shall be legitimately 
entitled to apply for registration of a logotype that said entity has a legitimate interest in.  
 
SECTION II  
 
Registration process  
 
Article 283.  
 
Unity of the registration  
 
 1 – The same sign, when used to individualize one single entity, can only be the subject 
matter of one logo registration.  
 2 – The same entity may be individualized through different logotype registrations.  
 
Article 284.  
 
Filing of a pplication s 
 
 1 – The application for registration of a logotype shall be submitted through a request 
drafted in Portuguese, indicating or containing the following:  
 a) The name, trade name or corporate name of the applicant, his or her nationality, 
domicile, tax number when dealing with a resident of Portugal and e -mail address, should it 
exist;  
 b) Indication of the services provided or products marketed by the entity that wishes to 
distinguish itself, accompanied by indication of the respective Portuguese standa rd industrial 
classification code ; 
 c) The colour or colours used in the  logotype , if they are claimed as a distinctive element;  
 d) Signature or electronic identification of the applicant or his or her representative . 
 2 – For the purpose of no. 1 of article 12., in addition to the elements required in sub -
paragraphs a) and b) of the previous number, shall be submitted a representation of the 
intended logotype shall be provided.  
 
Article 285.  106 
  
 Documents to be submitted  
 
 1 – The application shall be accom panied by a graphic representation of the sign or 
another form of representation that allows for clear and precise determination of the subject 
matter of the protection granted to the owner, in a format stipulated by a decision issued by the 
president of the directive council  of the INPI, I. P . 
 2 – When the applications for registration claim a colour a combination of colours, the 
representation mentioned in the previous number shall depict the claimed colours . 
 3 – The application shall be accompanied by the authorisations mentioned in no. 3 of 
article 223 . 
 4 – The lack of the authorisations referred to in the previous number shall not prevent 
attribution of a date to the application for the purpose of the provisions of no.1 of article 12 . 
 5 – When the logotype contains inscriptions in characters that are not well known, the 
applicant shall submit a transliteration and a translation of those inscriptions, if possible.  
 6 – When the figurative elements of a logotype contain verbal elements, the applicant 
shall specify them in the application.  
 
Article 286.  
 
Publication of the application  
 
 1 – A notice shall be published in the Industrial Property Bulletin regarding the 
submission of the application to allow any persons who believe to be harm ed by the possible 
grant of the registration to make a n opposition , on the basi s of the provisions of article 289.  or 
to allow third parties to make observations on the basis of article 2 88. 
 2 – The publication shall contain a reproduction of the logotype and mention the 
indications stipulated in no. 1 of article 284. , with the exception of the tax number , domicile o r 
place of establishment and e -mail address of the applicant.  
  
Article 287.  
 
Procedural  formalities  
 
 Registration of the logotypes shall be subject to the procedural formalities pertaining to 
trade marks, with the necessary adaptations and with the exception of the provisions of articles 
227. and 230 . 
 
Article 288.  
 
Grounds for refusal of the registration  
 
 1 – In addition to the provisions of article 23., registration of a logotype shall be refused 
when:  
 a) It consists of signs that cannot be graph ically represented or represented in a manner 
that allows clear and precise determination of the subject matter of the protection granted to 
the owner.  
 b) It consists  of signs that are devoid of any distinctive character;  
 c) It consists exclusively of signs or indications mentioned in sub -paragraphs b) to d) of 
no. 1 of article 209.;  
 d) It contradicts the provisions of articles 281. to 283 . 107 
  2 – A logotype consistin g exclusively of the signs or indications mentioned in sub -
paragraphs a), c) and d) of no.  1 of article 209. shall not be refused if before the registration 
application date and subsequent  to the use that is made of it, it has acquired distinctive 
characte r. 
 3 – Registration of a logotype shall be refused if it contains the following in some or all 
of its elements:  
 a) Symbols, coats of arms, emblems or badges of the State, municipalities or other public 
or private entities, national or foreign, the emblem  and name of the Red Cross, or other similar 
organisations, along with any signs covered by article 6. of the Paris Convention for the 
Protection of Industrial Property, unless authorised;  
 b) Signs that have a high symbolic value, namely religious symbols, unless authorised, 
when applicable, and except when they are common in the current language or bona fide and 
established practices of the trade of the marketed products or the services pro vided by the 
entity that that the logotype pertain s to and are accompanied by elements that grant them a 
distinctive  character;  
 c) Expressions or figures that run counter to the law, morals, public order and proper 
customs ; 
 d) Signs that are likely to mi slead the public, namely with respect to the activity that is 
exercised by the entity that wishes to distinguish itself;  
 e) It consists of signs or indications that contain, in all or some of its elements, 
appellations of  origin and geographical indicatio ns that are protected under national law, 
European Union legislation or international agreements that the European Union is a party to.  
 f) Signs or indications that contain, in all or some of their elements, traditional mentions 
of wine that are protected  under European Union legislation or by international agreements that 
the European Union is a party to;  
 g) Signs or indications that contain, in all or some of their elements, guaranteed 
traditional specialties that are protected under European Union legi slation or by international 
agreements that the European Union is a party to;  
 h) Signs or indications that contain, in all or some of their elements, designations of plant 
varieties that are protected by European Union legislation or international agreeme nts that the 
European Union is a party to.  
 4 – A logotype that consists exclusively of the national flag of the Portuguese Republic 
or of some of its elements shall also be refused.  
 5 – A logotype that contains, among other elements, the Portuguese national flag in 
cases where the following situations may occur:  
 a) Mislead ing the public as to the geographical origin of the commercialised products or 
services provided by the entity it pertains to;  
 b) Lead ing the consumer to suppose wrongly that the products or services come from 
an official entity;  
 c) Producing  disrespect or lead ing to reduced prestige of the Portuguese national flag 
or any one of its elements.  
 6 – When invoked by an interested party , it also constitutes grounds for refusal the 
recognition that the registration application was made in bad faith.  
 
Article 289.  
 
Other grounds for refusal  
 
1 – The following shall also constitute reason for refusal of the registration:  
 a) Reproduction of a logo type previously registered by another party to distinguish an 
entity whose activity is identical to the one performed by the entity that wishes to distinguish 
itself;  108 
  b) Reproduction of a logotype previously registered by another party to distinguish an 
entity whose activity is similar to the one performed by the entity that wishes to distinguish 
itself, or imitation, in whole or in part, of a logotype previously registered by another party to 
disti nguish an entity whos e activity is identical or similar to the one performed by the entity that 
wishes to distinguish itself, if consumers are likely to be misled or confused ; 
 c) Reproduction of a trade mark previously registered by another party for prod ucts or 
services identical to those covered by the scope of the activity performed by the entity that 
wishes to distinguish itself;  
 d) Reproduction of a trade mark previously registered by another party for products or 
services that are similar to those c overed by the scope of the activity performed by the entity 
that wishes to distinguish itself, or imitation, in whole or in part, of a trade mark previously 
registered by another party for products or services identical or similar to those covered by the 
scope of the activity performed by the entity that wishes to distinguish itself, if it is likely that 
consumers will be misled  or confused or if there is a risk of association with the registered trade 
mark.  
 e) Reproduction or imitation, in whole or in par t, of the appellation of origin  or of the 
geographical origin that is subject to protection under the present Code, European Union 
legislation or international agreements that the European Union is a party to and whose 
application was submitted before the date on which the logotype registration application was 
submitted, with reservation of its subsequent registration;  
 f) Infringement of other industrial property rights;  
 g) The use of names, pictures or any other expressions or figures without having 
obta ined authorisation from the persons who they pertain to, and if they are deceased, from 
their heirs or parents up until the 4th degree, or if it has been obtained, it results in disrespect 
or loss of prestige for those persons;  
 h) Recognition that the app licant intends to undertake unfair competition or that such 
is possible regardless of the applicant’s intention;  
 i) Use of names, designations, figures or drawings that are a reproduction or imitation 
of a logotype that has already been registered by anot her party; however, it shall be possible for 
two or more persons with the same surname to include them in their respective  logotype , as 
long as they are perfectly distinguishable.  
 2 – The grounds for refusal stipulated in articles 233. to 235. shall also apply to 
registration of the  logotype , with the necessary adaptations.  
 3 – The following shall also constitute a reason for refusal when invoked by an interested 
party:  
 a) Reproduction or imitation of the trade name and corporate name, or only part of their 
characteristic, that do not belong to the applicant or that the latter is not authorised to use, if 
this is likely to mislead consumers or cause them confusion.  
 b) Infringement of copyright.  
 4 – For the purpose of sub -paragraphs c) and d) of no.  1, a previously registered trade 
mark shall be any registration of a national trade mark, European Union trade mark or 
international trade mark that is enforceable in Portugal.  
 5 – The provisions of sub -paragraphs a) to d) of no. 1 shall cover the regist ration 
applications mentioned therein, with reservation of their subsequent registration.  
 
Article 290.  
 
Declaration of consent  
 
 Article 236. shall apply to the registration of  logotypes , subject to the necessary 
adaptations.  
 109 
 SECTION III 
 
On the effects of registration  
 
Article 291.  
 
Duration  
 
 The registration shall have a duration of 10 years counted from the date of filing  of the 
application and it may be indefinitely renewed for equal amounts of time.  
 
Article 292.  
 
Indication of the logotype  
 
 During the validity of the registration its owner may use the phrase “Registered  
Logotype ,” “Regist.  logotype ” or simply “RL” on t he logotype . 
 
Article 293.  
 
Rights conferred by the registration  
 
 1 – Registration of the logotype shall entitle its owner to prevent third parties from 
using, without his or her consent, any sign identical or liable to be confused that is to be used to 
individualise an identical or similar activity and may cause confusion or association in the mind 
of the consumer.  
 2 – Article 249. shall apply to logotypes , subject to the necessary adaptations.  
 
Article 294.  
 
Unamendability of the logotype  
 
 1 – The logotype shall remain unamended and any change made to its elements shall be 
subject to new registration.  
 2 – Unamendability shall be understood with the necessary adaptations, in compliance 
with the rules established in nos. 2, 3 and 4 of article  255. Regarding trade mark s. 
 
SECTION IV  
 
Transfer, nullity, annullability and revocation of the registration  
 
Article 295.  
 
Transfer  
 
 1 – When the rights ensuing from an application for registration or logotype registration 
are used at an establishment t hey can only be transferred free of charge or at a fee, along with 
the establishment or part of the establishment that they are linked to.  
 2 – Without prejudice to the provisions of no. 3 of article 30., the transfer of the 
establishment shall involve the respective  logotype , which may continue as it has been 
registered, unless the transferer reserves it for another present or future establishment.  
 110 
 Article 296.  
 
Nullity  
 
 1 – In addition to what is stipulated in article 32., the registration of the logotype shall 
be null when upon its  grant , the provisions of nos. 1 and 3 to 6 of article 288. have been violated.  
 2 – The provisions of articles 262, to 266. and no. 2 of arti cle 288. shall apply to 
applications for declaration of nullity , subject to the necessary adaptations.  
 
Article 297.  
 
Annullability  
 
 1 – In addition to the provisions of article 33., the registration shall be annullable when 
upon  grant , the provisions of article 289. have been violated, excepting the provisions of sub -
paragraph h) of no. 1 of that article.  
 2 – The provisions of article 262. to 266. shall apply to applications for annulment, 
subject to the necessary adaptations and with the exception of the provisions of article 263 . 
 
Article 298.  
 
 Revocation  
 
 1 – In addition to what is stipulated in article 36., the registration shall expire in the 
following cases:  
 a) For reasons of closure and liquidation of the establishment or extincti on of the entity;  
 b) Due to non-use of the logotype for a period of five consecutive years, barring a  proper 
reason.  
 2 – The provisions of article s 267. to 269 . shall apply to the declaration of revocation 
process, subject to the necessary adaptations.  
 
CHAPTER VII  
 
Appellations of  origin and geographical indications  
 
SECTION I  
 
General provisions  
 
Article 299.  
 
Definition and ownership  
 
 1 – Appellation of origin  is understood to be the name of a region, specific location or in 
exceptional cases, a country that is used to designate or identify a product:  
 a) Originating from that region, that specific location or that country;  
 b) Whose quality or characteristics a re essentially or exclusively due to its geographic 
environment, including natural and human factors, and whose production, transformation and 
creation take place within the boundaries of the geographical area.  
 2 – Certain traditional designations , geogra phic al or otherwise, that designate a product 
as originating from a region or specific location and that meet the conditions stipulated in sub -
paragraph b) of the previous number shall also be considered appellations of  origin.  111 
  3 – A geographical location is understood to be the name of a region, specific location, 
or in exceptional cases, a country that is used to designate or identify a product:  
 a) That originates from that region, that specific location or that country;  
 b) W hose reputation, specific  quality or other characteristic can be attributed to that 
geographical origin and whose production, transformation or creation take place within the 
demarcated geographic location.  
 4 – The appellations of  origin and geographic indications, when registered, shall 
constitute common property of the residents or persons established in the location, region or 
territory, in a genuine and effective manner and they can be used indistinctively by sai d persons 
who, in that area, exploit any type of typical production, when authorised by the owner of the 
registration.  
 5 – The exercising of that right shall not depend on the importance of the exploitation 
or the nature of the products and consequentially, the appellat ion of origin  or geographical 
indication may apply to any products that are typical and native to the location, region or 
territory, under traditional, usual or regulated conditions.  
 
Article 300.  
 
Regional demarcation  
 
 If the boundaries of the location, region or territory that a certain designation or 
indication belongs to has not been demarcated by law, the boundaries shall be officially 
recognise d by  organisations that oversee production in the respective location, and which take 
into account the  bona fide and established practices of the trade, together with the overarching 
interests of the national or regional economy.  
 
SECTION II  
 
Registration process  
 
SUBSECTION I  
 
National registration  
 
Article 301.  
 
Filing of a pplication s 
 
 1 – The application for registration  of appellations of  origin or geographic indications 
shall be made in a request drafted in Portuguese, indicating the following:  
 a) The name of individual or legal persons, public or private, with capacity to a cquire th e 
registration, respective tax number and e -mail address, should it exist:  
 b) The name of the product or products, including the appellation of origin  or 
geographical indication;  
 c) The traditional or regulated conditions for use of the appellation of or igin or 
geographical indication and the limits of the respective location, region or territory;  
 d) The signature or electronic identification of the applicant or his or her representative.  
 2 –Grant of the registration shall be subject to the provisions of the national trade mark 
registration process, subject to the necess ary adaptations.  
 
Article 302.  
 112 
 Grounds for refusal  
 
 1 – In addition to the provisions of article 23., registration of appellations of  origin or 
geographical indications shal l be refused when:  
 a) It has been requested by a person without any qualification to acquire it;  
 b) It should not be considered appellation of origin  or geographical indication, in 
accordance with article 299.;  
 c) It constitutes reproduction or imitatio n of appellation of origin  or geographical 
indication that was previously registered;  
 d) It is liable to mislead the public, namely with respect to the nature and quality and 
geographical origin of the respective product;  
 e) It constitutes copyright infringement;  
 f) It is against the law, public order or proper customs;  
 g) It may favour acts of unfair competition.  
 2 – When  a previous trade mark  exists , there shall only be refusal of a registration of an 
appellation of origin  or geographical indication for a name whose protection, given the  
reputation, well-knowness or high -reputation of said trade mark, may mislead the consumer 
with respect to the real identity of the products.  
 
SUBSECTION II  
 
International registration  
 
Article 303.  
 
International registration of appellations of  origin  
 
 1 – The entities referred to in sub -paragraph a) of no. 1 of article 301. may undertake 
international registration of the appellations of  origin, pursuant to the provisions of the Lisbon 
Agreement of 31 October 1958.  
 2 – The request for international registration shall be submitted to the INPI, I. P. in 
accordance with the provisions of the Lisbon Agreement.  
 3 – Protection of the appellat ions of  origin registered under the Lisbon Agreement shall 
be subject to the norms that regulate the protection of appellations of  origin in Portugal, in all 
that does not contradict the provisions of said Agreement.  
 
SECTION III  
 
Effects, nullity, annullability and revocation of the registration  
 
Article 304.  
 
Duration  
 
 The appellation of origin  and geographical indication shall have an unlimited duration 
and its ownership shall be protected through the application of the rules pr ovided for in the 
present Code, in special legislation, and those that were decreed against false indications of 
origin, regardless of the registration and of whether or not they are part of the registered trade 
mark.  
 
Article 305.  
 113 
 Indication of the regis tration  
 
 During the validity of the registration, the following mentions may appear on the 
products whose use has been authorised:  
 a) “Registered Appellation of Origin ” or “ AO”; 
 b) “Registered Geographical Indication” or “GI.”  
 
Article 306.  
 
Rights conferred by the registration  
 
 1 – The registration of appellations of  origin or geographical indications shall grant the 
right to prevent:  
 a) Use, by third parties, in designating or presenting a product, by any means indicating 
or suggesting tha t the product in question originates from a geographic region that is different 
from the real place of origin;  
 b) Use that constitutes an act of unfair competition in accordance with article 10 of the 
Paris Convention, as ensues from the Stockholm Revisio n of 14 July  1967;  
 c) Use by someone who has not been authorised to do so by the owner of the 
registration.  
 2 – The words that make up a n appellation of origin  or a legally defined, protected and 
inspected geographical indication can in no way be included in designations, tags, labels, 
advertising or any documents pertaining to products that do not come from the respective 
demarcated regions.  
 3 – This prohibiti on shall also be applied  when the true origin of the products is  
mentioned, or the words pertai ning to the designations or indications are accompanied by 
corrections, such as “sort,” “type,” “quality” or other similar words and shall extend to the use 
of any expression, presentation or graphic combination that is likely to mislead consumers or 
confuse them.  
 4 – It is also prohibited to use an appellation of origin  or geographical indication that has 
high reputation  in Portugal or the European Union for pro ducts that have no identity or affinity 
whenever such use seeks to without any  proper reason , derive undue benefit from the 
distinctive character or high -reputation of the appellation of origin  or previously registered 
geographical indication, or said use may harm them.  
 5 – The provisions of the previous numbers shall not prevent the seller from affixing his 
or her name, address or trade mark on the products that originate from a region or country that 
is different from the one where the products are sold,  and in such cases , the producer or 
manufacturer’s trade mark cannot be suppressed.  
 6 – A trade mark that is registered in good faith at a time prior to the protection of a n 
appellation of origin  or a geographical indication can continue to be used and re newed.  
 
Article 307.  
 
Nullity  
 
 1 – In addition to the provisions of article 32., registration o f an appellation of origin  or 
geographical indication shall be null when the respective registration application has been made 
in bad faith or when upon its  grant , the provisions of sub -paragraphs b), d) and f) of article 302. 
have been violated.  
 2 – Applications for declaration of nullity shall be subject to articles 262. to 266, subject 
to the necessary adaptations.  
 114 
 Article 308.  
 
Annullability  
 
 1 – In ad dition to the provisions of article 33., registration of a n appellation of origin  or 
geographical indication shall be annullable when upon its  grant , the provisions of sub -
paragraphs a), c) and g) of no. 1 and no. 2 of article 302. have been violated.  
 2 – Applications for annulment shall be subject to articles 262. to 266., subject to the 
necessary adaptations and with the exception of article 263 . 
 
Article 309.  
 
 Revocation  
 
 1 – Registration shall expire at the request of any interested party when the appellation 
of origin  or geographical indication is transformed, in accordance with bona fide and established 
practices of the trade, into a mere generic designation of a manufac turing system or a certain 
type of products.  
 2 – Excepted from the previous number are wine products, mineral -medicinal waters 
and all other products whose geographical denomination of origin is the object  of special 
legislation for protection and inspect ion in the respective country.  
 
TITLE  III 
 
Infractions  
 
CHAPTER I  
 
General provisions  
 
Article 310.  
 
Industrial property legal remedies  
 
 Industrial property shall offer the legal remedies established by law for property in 
general and it shall be especially protected under the present Code and all other applicable 
legislation and agreements.  
 
Article 311.  
 
Unfair competition  
 
 1 – Unfair competition shall be all acts of competition that run counter to the standards 
and honest use of any sector  of economic activity, namely:  
 a) Acts that are liable to cause confusion involving the company, establishment, 
products, or services of competitors, whatever the means employed;  
 b) False statements made while performing an economic activity for th e purpose of 
discrediting competitors;  
 c) Unauthorised claims or references made in view of benefitting the credit or 
reputation of a name, establishment or trade mark;  115 
  d) False indications of credit or own reputation pertaining to the capital or financi al 
situation of the company or establishment, the nature or scope of its activities and businesses 
and the quality or quantity of the clientele;  
 e) False descriptions or indications regarding the nature, quality or usefulness of the 
products or services, along with false indications regarding origin, location, region or territory, 
manufacture, workshop, ownership or establishment, whatever the adopted method;  
 f) Suppression, hiding or alteration by the seller or any intermediary of the appellation 
of orig in or geographical indication of the products or trade mark of the producer or 
manufacturer with respect to products destined for sale and that have not been modified with 
respect to their packaging.  
 2 – The measures stipulated in article 345. shall apply  with the necessary adaptations.  
 
Article 312.  
 
 Intervention by customs authorities  
 
 1 – Customs authorities that are responsible for customs interventions shall retain or 
suspend customs clearance of goods that exhibit indications of an infringement that is stipulated 
in the present Code, regardless of the customs situation they are in.  
 2 – The intervention mentioned in the previous number shall be undertaken at the 
request of any party who has an interest in it or at the initiative of the actual customs authorities.  
 3 – Customs authorities shall immediately notify interested parties of the withholding 
or suspension of the authorisation for the release of the goods.  
 4 – The customs intervention shall expire if , within a period of 10 working days counted 
from the date of reception of the respective notification issued to the owner of the right, the 
applicable legal proceedings have not been initiated with a request for seizure of the goods.  
 5 – The time period stipulated in the previous number may be extended for an equal 
period of time in duly justified cases.  
 
CHAPTER II  
 
Protection of trade secrets  
 
Article 313.  
 
Object of protection  
 
 1 – A trade secret is understood to entail information that cumulatively includes the 
following requirements and is therefore protected:  
 a) Information that is secret to the extent that it is not generally known or easily 
accessible as a whole or in terms of the exact configuration and connection of constitutive 
elements for persons from environments that normally deal with the type of information in 
question;  
 b) Information that has com mercial value due to the fact that it is secret;  
 c) Information that has been the object  of reasonable diligence , under the 
circumstances , on the part of  the person who legally controls the information in view of keeping 
it secret.  
 2 – Protection shall e xtend to products whose design, characteristics, functioning, 
production or commercialisation process significantly benefits from trade secrets that are 
illegally obtained, used our disclosed.  
 3 – The owner of a trade secret is understood to be an individ ual or legal person that 
legally exercises control over a trade secret.  116 
  
Article 314.  
 
Illegal acts  
 
 1 – An illegal act shall consist of obtaining a trade secret without the consent of the 
respective owner, whenever that act results from the following:  
 a) Access, appropriation or unauthorised copy ing of documents, objects, materials, 
substances or electronic files that are legally under the control of the owner of the trade secret  
and that contain said secret or  via which the secret can be obtained;  
 b) Any other conduct that under the specific circu mstances shall be considered contrary 
to honest trade practices.  
 2 – An illegal act shall also be one that involves use or disclosure of a trade secret, 
without the consent of the respective owner, by a person who meets one of the following 
conditions:  
 a) Has obtained the trade secret illegally;  
 b) Infringes a confidentiality agreement or any other duty of non -disclosure of the trade 
secret;  
 c) Infringes a contractual duty or any other duty to limit the use of the trade secret.  
 3 – An illegal act shall  also constitute obtaining, using or disclosing a trade secret 
whenever a person, at the time of obtaining, using or disclosing, had or should have had 
knowledge, under the specific circumstances, that the trade secret has been directly or indirectly 
obtai ned from another person who was using it or disclosing it illegally pursuant to the previous 
number.  
 4 – Illegal use of a trade secret shall also include production, offering or marketing of 
goods that are illegal,  or importing, exporting or warehousing o f goods that are illegal  for such 
purposes, whenever the person that performs these activities had or should have had 
knowledge, under the specific circumstances, that the trade secret had been used under the 
conditions stipulated in no. 2.  
 
Article 315.  
 
Illegal acquisition, use and disclosure of trade secrets  
 
 Obtaining a trade secret shall constitute an illegal act when it results from:  
 a) Discovery or independent creation;  
 b) Observation, study, disassembly or testing of a product or object that has been made 
available to the public or that is legally in the possession of the acquirer of the information, the 
latter not being subject to any legally binding duty to limit obtainin g the trade secret;  
 c) Exercise the right of workers or their representatives to information and consultations 
in accordance with national practices or applicable legislation;  
 d) Any imposition or permission applicable under the law;  
 e) Any other practi ce that, under the specific circumstances, is in accordance with 
honest commercial practices.  
 
CHAPTER III  
 
Criminal and administrative offence acts  
 
SECTION I  
 
General provisions  117 
  
Article 316.  
 
Subsidiary law 
 
 In a subsidiary manner, the provisions of Decree -Law no. 28/284 of 20 January in its 
current wording, namely with respect to  the criminal and administrative offence liability of legal 
persons and liability in acting on behalf of another party, whenever the opposite does not ensue 
from the present Code.  
 
Article 317.  
 
Supplementary sanctions  
 
 1 – The following supplementary sanctions may be applied to the crimes and 
administrative offences provided for under the present Code:  
 a) Loss of objects belonging to the agent;  
 b) Interdiction of the exercising of certain activities or professions;  
 c) Deprivation of the right to participate in fairs and markets;  
 d) Closure of an establishment;  
 e) Advertising of the sentence.  
 2 – Whenever the practice of an administrative offence  is in question, the 
supplementary sanctions mentioned in sub -paragraphs b) to d) of the previous number shall 
have a maximum duration of two years counted as of the final sentence.  
 3 – The supplementary sanction provided for under sub -paragraph e) of no.  1 may be 
applied via publication in the Industrial Property Bulletin, publication in any communication 
media deemed appropriate , or posting at the actual establishment or place where the agent’s 
activity is performed.  
 4 – The prerequisites for applying the supplementary sanctions are stipulated in the 
present Decree -Law no. 28/84 of 2 0 January in its current wording and in the gen eral 
administrative offence legal framework.  
 
SECTION II  
 
Criminal acts  
 
Article 318.  
 
Infringement of the exclusive patent, utility model or semiconductor topography  
 
 Anyone who without the consent of the owner of the right does the following shall be 
punished with a prison sentence of up to three years or a fine sentence of up to 360 days:  
 a) Manufacture the articles or products that are the subject matter of the patent, utility 
model or semiconductor topography;  
 b) Employ or apply the means or processes that are the subject matter of the patent, 
utility model or semiconductor topography;  
 c) Import or distribute products obtained through any of the stipulated methods.  
 
Article 319.  
 
Infringement of exclusive right s pertaining to designs or models  
 118 
  Anyone who without consent from the owner of the right does the following shall be 
punished with a prison sentence of up to three years or a fine sentence of up to 360 days:  
 a) Reproduce or imitate, partially or in term s of some of the characteristic parts, a 
registered design or model;  
 b) Exploit a registered design or model that belongs to someone else;  
 c) Import or distribute designs or models obtained in any of the ways mentioned in the 
previous sub -paragraphs.  
 
Article 320.  
 
Counterfeiting, imitation and illegal use of the trade mark  
 
 Anyone who without the consent of the owner of the right does the following, shall be 
punished with a prison sentence of up to three years or a fine sentence of up to 360 days:  
 a) Manufacture, import or keep for him or herself or for another party for any of the 
purposes mentioned in the following sub -paragraphs, any formats that reproduce or imitate a 
trade mark, in whole or in terms of some of its characteristic parts;  
 b) Use of  counterfeited or imitated trade marks in his or her products or packages;  
 c) Offer or supply services containing counterfeited or imitated trade mark s; 
 d) Import, export, distribute, market or warehouse products with counterfeited or 
imitated trade mark s; 
 e) Use a reproduction or imitation of a registered trade mark as a trade name o r 
corporate name;  
 f) During the performance of the activities mention ed in sub -paragraphs b) and e),  use 
counterfeited or imitated trade marks in commercial documents or in  advertising;  
 g) Use, counterfeit or imitate well-known trade mark s whose registrations have already 
been requested in Portugal;  
 h) Use, even if with products or services without any identity or affinity, trade mark s 
that constitutes a translation or that are the same as or similar to previous trade mark s whose 
registration has been requested and that enjoy high -reputation in Portugal or in the European 
Union, whenever the use of the subsequent trade mark seeks to der ive undue benefit, without 
any proper reason, from the distinctive character or high -reputation of the previous trade mark s 
or its use may harm them;  
 i) Use, in his or her products, services, establishments or company, packages, stickers or 
other media wi th registered trade mark s legitimately affixed.  
  
 
Article 321.  
 
Sale or hiding of products  
 
 Anyone who sells or hides for the purpose of selling, products that are in the conditions 
stipulated in article 318. to 320. shall be punished with a prison sente nce of up to 18 months or 
with a fine sentence of up to 120 days.  
 
Article 322.  
 
Infringement of rights pertaining to name and insignia  
 
 Anyone who without consent of the owner of the right uses at his or her establishment, 
in advertisements, correspondence, products or services, or by any other means, a name or 
insignia that constitutes a reproduction or imitation of a name or insignia tha t have already been 119 
 registered by another party shall be punished with a prison sentence of up to three years or with 
a fine sentence of up to 360 days.  
 
Article 323.  
 
Infringement of the exclusivity of the  logotype  
 
 Anyone who , without the consent of the owner of the right, uses at his or her 
establishment or entity, in advertisements, correspondence, products or services, or by any 
other means, a sign that constitutes a reproduction or an imitation of a logotype that has alrea dy 
been registered by another party shall be punished with a prison sentence of up to three years 
or with a fine sentence of up to 360 days.  
 
Article 324.  
 
Infringement and illegal use of the appellation of origin  or geographical indication  
 
 Anyone who does the following shall be punished with a prison sentence of up to three 
years or with a fine sentence of up to 360 days:  
 a) Reproduce or imitate, fully or partially, a registered appellation of origin  or a 
geographical indication;  
 b) Without being ent itled to using a appellation of origin  or geographical indication, use 
in his or her products signs that constitute a reproduction, imi tation or translation of them, even 
if the true origin of the products has been indicated or the appellation  or indication has been 
accompanied by expressions such as “Sort,” “Type,” “Quality,” “Manner,” “Imitation,” “Rival of,” 
“Better than” or other similar expressions.  
 
Article 325.  
 
Patents, utility models and registrations of designs or models obtained in b ad faith  
 
 1 – Anyone who in bad faith  succeeds in being issued a patent, utility model or 
registration of a design or model that legitimately does not belong to him or her, pursuant to 
articles 57. to 59., 123., 124., 156., 157., 180. and 181. shall be pu nished with a pr ison sentence 
of up to one year  or with a fine sentence of up to 120 days.  
 2 – In the court’s decision it shall ex officio annul the patent, utility model or registration 
at the request of the interested party and transfer them to the inve ntor or creator.  
 3 – The request to transfer the patent, utility model or registration mentioned in the 
previous number may be attempted legally, regardless of the criminal proceed ings that such a 
crime leads to.  
 
Article 326.  
 
Registration obtained or maintained with abuse of right  
 
 Anyone who requests, obtains or maintains valid under his name or that of a third party, 
a registration of trade mark, name insignia or logotype that constitutes a reproduction or 
imitation of a trade mark or commercial name belonging to a national from an y country of the 
Union, regardless of whether in Portugal  he or she enjoys the priority established in article 13., 
for the proven purpose of limiting that person to a possession of assets that will induce a loss or 
in view of obtaining an illegitimate eco nomic advantage shall be punished with a prison sentence 
of up to three years or with a fine sentence of up to 360 days.  120 
  
Article 327.  
 
Registration of an inexistent act or act that has been performed by hiding the truth  
 
 Anyone who, regardless of the infringement of the rights of third parties undertakes to 
register a legally inexistent act or act that has been performed by hiding the truth, s hall be 
punished with a prison sentence of up to three years or a fine s entence of up to 360 days.  
 
Article 328.  
 
Complaint  
 
 1 – Procedures involving the crimes provided for in the present Code shall require that 
a complaint be filed.  
 2 – The criminal police body or police entity that has knowledge of facts that may 
constitute crimes provided for under the present C ode shall inform  the owner of the right of 
compl aint, within a period of 10 days, of the facts that were made known , and the objects that 
were seized, also informing the owner of the right of the time period awarded for exercising the 
right to formalise a complaint.  
 3 – The information stipulated in the previous number shall also apply to the licensee if 
the latter, pursuant to no. 4 of article 31 ., enjoys the benefits granted to the owner of the right 
of the license.  
 
Article 329.  
 
Destination of the seized  products  
 
 1 – Products that exhibit a crime provided for under the present Code, along with the 
materials or instruments that were mainly used to practice that crime, except if the owner of 
the offended right has given his or he r express consent for such products to be re -introduced 
into commercial circuits or to give such products another use.  
 2 – The products that are declared lost and referred to in the previous number shall be 
fully or partially destroyed whenever it is not possible to eliminate the part of them or distinctive 
sign they contain that constitutes the infringement of the right.  
 3 – The provisions of the present article  shall always apply whenever an administrative 
offence has been committed pursuant to the present code.  
 
SECTION III  
 
Administrative offences  
 
Article 330.  
 
Unfair competition  
 
 Whoever commits any of the unfair competition acts defined in article 311. shall be 
punished with a fine of €5,000 to €100,000 when dealing with a legal person and €1,000 to 
€30,000 when dealing with an individual person.  
 
Article 331.  
 121 
 Infringement of protected trade secret  
 
 Whoever does the following without the consent of the owner of the right shall be 
punished with a fine of €5,000 to €100,000 when dealing with a legal person and €1,000 to 
€30,000 when dealing with an individual person:  
 a) Obtains a trade secret that is legally under the control of its owner, through an act 
that results from unauthorised access or appropriation of any medium that contains that secret 
or via which it is possible to infer it, or via conduct that runs counter to honest commercial 
practices;  
 b) Use or disclose a trade secret having obtained said  secret illegally or in infringement 
of a confidentiality agreement or any other duty of non -disclosure;  
 c) Use or disclose a trade secret in infringement of a contractual duty or any other duty 
to limit the use of the trade secret;  
 d) Obtain, use or disclose a trade secret with the knowledge or duty to know, under the 
specific circumstances, that the trade secret had been obtained directly or indirectly from 
another person who was using it or illegally disclosing it pursuant to sub -paragraph b) and the 
previous sub -paragraph;  
 e) Manufacture, offer for sale, market, import, export or warehouse products for such 
purposes, with knowledge or having the duty to know, under the specific circumstances, that 
the trade secret had been used un der the conditions stipulated in sub -paragraphs b) and c).  
 
Article 332.  
 
Illegal claiming or use of a reward  
 
 Whoever does the following without the consent of the owner of the right shall be 
punished with a fine of €3,000 to €30,000 when dealing with a legal person and €750 to €7,500 
when dealing with an individual person:  
 a) Claim or mention a reward that has been registered under another party’s name;  
 b) Use or falsely claim to be the holder of a reward that was not attributed to him or her 
or that n ever existed;  
 c) Use drawings or any other indications that constitute an imitation of rewards that he 
or she is not entitled affixed on correspondence or advertising, signs, facades or windows of the 
establishment or via any other means.  
 
Article 333.  
 
Preparatory acts  
 
 Whoever, without the consent of the owner of the right and w ith the intention of 
preparing execution of the acts referred to in articles 322, to 324., manufacturing, importing, 
exporting, acquiring or keeping for oneself or for others, registered signs consisting of names, 
insignias,  logotypes , appellations of  origin or geographical indication shall be punished with a 
fine of €3,000 to €30,000 when dealing with a legal person and €750 to €7,500 when dealing 
with an individual person . 
 
Article 334.  
 
Use of illegal trade marks  
 
 1 – Whoever uses, as unregistered distinctive signs, any of the signs  indicated in sub -
paragraphs a) and b), f) to h) of no. 3, no. 5 of article 231 ., and sub -paragraph g) of no.1 of article 122 
 232., shall be punished with a fine of €3,000 to €30,000 when dealing with a legal person and 
€750 to €7,500 when dealing with an indi vidual person . 
 2 – Products and articles that contain prohibited trade marks in accordance with the 
previous number can be seized and declared forfeited to the State, at the request of the Public 
Prosecutor.  
 
Article 335.  
 
Undue use of a name, insignia or  logotype  
 
 Whoever illegally uses in the name or insignia of his or her establishment, or in the 
registered or unregistered  logotype , a trade name or corporate name that does not belong to 
the applicant, or only a characteristic part of the latter , if this may mislead or confuse consumers, 
unless he or she proves consent or legality of the use, shall be punished with a fine of €3,000 to 
€30,000 when dealing with a legal person , and €750 to €7,500 when dealing with an individual 
person . 
 
Article 336.  
 
Undue claim or use of private rights  
 
 Whoever does the following shall be punished with a fine of €3,000 to €30,000 when 
dealing with a lega l person and €750 to €7,500 when dealing with an individual person:  
 a) Presents him or herself as the owner of the industrial property right stipulated in the 
present decree -law without said right belong ing to him or her, or when it has been declared null  
or expired;  
 b) Unduly uses or applies the indications of the patent, utility model or registration  that 
have been authorised only for the owners of the respective rights.  
 
CHAPTER IV  
 
Process  
 
SECTION I  
 
Measures and procedures that seek to guarantee respect for industrial property rights and 
trade secrets  
 
SUBS -SECTION I  
 
General provisions  
 
Article 337.  
 
Commercial scale  
 
 1 – For the purpose of no.  2 of article 339., sub -paragraph a) of no. 2 of article 344. and 
no. 1 of article 346., acts practiced on a commercial scale shall include all those that violate 
industrial property rights and whose purpose is to gain a direct or indirect economic or 
commercial advantage.  
 2 – The definition stipulated in the previous number shall exclude act s practiced by end 
consumers acting in good faith.  123 
  
Article 338.  
 
Legitimacy  
 
 The precautionary measures and procedures stipulated in the present sub -section may 
be requested by all persons with a direct interest in their decree, namely by the owners of the 
industrial property rights and trade secrets, and also, barring any stipulat ion to the contrary, by 
the owners of the licenses, pursuant to the terms of the respective contracts.  
 
SUB-SECTION II  
 
Evidence  
 
Article 339.  
 
Measures for obtaining evidence  
 
 1 – Whenever elements of evidence are in the possession, dependency or contro l of a 
counterparty or third party, the interested party may petition the court that they be presented, 
as long as such a request is backed by sufficient proof regarding infringement of industrial 
property rights or trade secrets.  
 2 – When dealing with acts practiced on a commercial scale, the applicant can also 
petition the court that any bank, financial, accounting or commercial documents that are in the 
possession, dependency or control of the counterparty or third parties be submitt ed. 
 3 – In accordance with the provisions of the previous numbers, the court, ensuring the 
protection of confidential information, shall notify the defendant to within the stipulated time 
period submit the elements of proof that are in its possession, tak ing the necessary actions in 
the event of non-compliance . 
 
Article 340.  
 
Measures for preserving evidence  
 
 1 – Whenever there is a n infringement or well founded reason for fearing that someone 
will cause serious harm to the industrial property right or trade secret that cannot be easily 
repaired, the interested party may request urgent provisional and effective measures to 
preserve evidence of the alleged  infringement . 
 2 – The evidence preservation measures may include a detailed description, with or 
without collection of samples, or effective apprehension of the goods  that are suspected to have 
violated industrial property rights or trade secrets and, whenever appropriate, materials and 
instruments used in the production or distribution of those goods, along with the documents 
that pertain to them.  
 
Article 341.  
 
Due diligence and c ontention  
 
 1 – Whenever any possible delay in applying the measures may cause irreparable harm 
to the applicant, or whenever there is a serious risk of destruction or obstruction of evidence, 
the measures provided for in the previous article may be a pplied without requiring a prior 
hearing of the  defendant . 124 
  2 – When the evidence preservation measures are applied without prior hearing of the  
defendant , the latter shall be immediately notified.  
 3 – Following the notification provided for in the previo us number, the defendant may 
request, within a period of 10 days, the review of the applied measures, producing evidence and 
claiming facts that were not taken into account by the court.  
 4 – Once the defendant has been heard, the court may determine a cha nge, revocation 
or confirmation of the applied measures.  
 
Article 342.  
 
Causes of extinction and  revocation  
 
 1 – The measures for obtaining and preserving evidence shall be subject to the causes 
for extinction and revocation provided for in the Code of Civil Procedure, except when they are 
preliminary measures for instituting injunctions in accordance with articl e 345 . 
 2 – In addition to the causes of extinction mentioned in the previous number, when 
there is allegedly an infringement of a trade secret, the measures cease to take effect, subject 
to request from the  defendant , if the requirements stipulated in art icle 313. are no longer met 
for reasons not attributable to that party.  
 
Article 343.  
 
Responsibility of the applicant  
 
 1 – Application of measures for preserving evidence may be subject to the lodging by 
the applicant of an adequate security or an equivalent assurance intended to ensure the 
compensation stipulated in no. 3.  
 2 – When determining the amount of the  security , the economic capacity of the 
applicant shall be taken i nto account, among other factors.  
 3 – Whenever the measure used to preserve evidence is considered unjustified or ceases 
to be enforceable for reasons attributable to the applicant, or when it has been petitioned in an 
abusive manner or in bad faith, it i s ascertained that there was no infringement or the fear that 
another would cause serious a injury to an industrial property right or trade secret that would 
be difficult to repair was unfounded, the court may order the applicant, at the request of the 
defendant or a third injured party, to pay adequate compensation to repair any damages caused 
by application of the measures.  
 
SUB-SECTION III  
 
Information  
 
Article 344.  
 
Obligation to provide information  
 
 1 – The interested party may request that detailed information be provided regarding 
the origin of and distribution networks of the goods or services that are suspected to have 
violated the industrial property rights or trade secrets, namely:  
 a) The names  and addresses of the producers, manufacturers, distributers, suppliers and 
other previous posse ssors of the goods or services, along with the wholesalers and retailers that 
were to receive them.  125 
  b) Information regarding the amounts produced, manufactured , delivered, received or 
ordered, along with the price obtained for the goods or services.  
 2 – The supply of the information stipulated in the present article may be demanded 
from the alleged infringer or any person who:  
 a) Was found in possession of the  goods or using or supplying the services, on a 
commercial scale, that are suspected to have violated industrial property rights or trade secrets;  
 b) Was identified by a person mentioned in  the previous sub -paragraph as having 
participated in the producti on, manufacture or distribution of the goods or the supply of the 
services that are suspected to have violated industrial property rights or trade secrets.  
 3 – The provisions of the present article shall not hinder the application of other legal or 
regula tory provisions that:  
 a) Grant the interested party the right to more extensive information;  
 b) Regulate its use in civil or criminals procedures;  
 c) Regulate responsibility due to abuse of right to information;  
 d) Grant the right not to make statements that may oblige any of the persons mentioned 
in the previous number to admit their own participation of that of close family members;  
 e) Grant the right to claim professional secrecy, protection of confidentiality of 
information sources or appl ication of the legal framework for the protection of personal data.  
 
SUB-SECTION IV  
 
Provisional and precautionary measures  
 
Article 345.  
 
 Injunctions  
 
 1 – Whenever there is an infringement or well founded fear that another party will cause 
serious harm to the industrial property right or trade secret that is difficult to repair, the court 
may, at the request of the interested party, decree the appropriate measures for:  
 a) Preventing any imminent  infringement ; or 
 b) Prohibiting continuation  of the  infringement .  
 2 – The court requires that the applicant supply the elem ents of proof to demonstrate 
that he or she owns the industrial property right or trade secret, or that he  or she is authorised 
to use it, and that an infringement has occurre d or is imminent.  
 3 – The measures provided for in no. 1 may also be decreed against any intermediary 
whose services are being used by third parties to violate the industrial property rights or trade 
secrets.  
 4 – The court may  ex officio , or at the request of the applicant, decree a compulsory 
monetary sanction in view of ensuring execution of the measures stipulated in no. 1.  
 5 – Articles 341. to 343. shall apply to the present article.  
 6 – At the request of the  defendant , the decreed measures ref erred to in no. 1 may be 
replaced by a security whenever, after having heard the applicant, it is deemed to be enough to 
compensate the owner.  
 7 – When determining measures provided for in the present article, the court shall take 
into account the nature of the industrial property rights or trade secret, safeguarding, in 
particular, the possibility of the owner continuing to exploit his or her rights, without restriction.  
 
Article 346.  
 
Seizure  
 126 
  1 – In the event of an infringement on a commercial scale, c urrent or imminent, and 
whenever the interested party proves the existence of circumstances that are liable to 
compromise collection of the compensation due to losses and damages, the court may order 
preventive seizure of the movable and immovable property  of alleged infractors, including the 
balances of their bank accounts, and the judge may order communication of or access to data 
and banking, financial or commercial information pertaining to the  infringer . 
 2 – Whenever there has been an infringement of industrial property rights or trade 
secrets, the court may, at the request of the interested party, order seizure of the goods that 
are suspected to have violated those rights or secrets, including goods that are imported in order 
to pre vent their entry or circulation within the market, or instruments that can only be used to 
practice the illegal act.  
 3 – For the purpose of the previous numbers, the court requires that the applicant 
supply all elements of proof that are reasonably availa ble to demonstrate that he or she is the 
owner of the industrial property right or trade secret, or that he or she is authorised to use it 
and that there has been  an infringement , or that it is imminent.  
 4 – Articles 341. to 343 ., shall apply to the present article.  
 
SUB-SECTION V  
 
Compensation  
 
Article 347.  
 
Compensation for losses and damages  
 
 1 – Anyone who deliberately or culpably illegally infringes the industrial property rights 
or trade secrets of another party shall be obliged to compensate t he injured party for the 
damages that ensue from the  infringement . 
 2 – When determining the amount of the compensation for losses and damages, the 
court shall take into account the profit obtained by the infringer and the ensuing damages and 
lost profits incurred by the injured party, and shall take into account the charges incurred as a 
result of protection, research and stoppage of conduct injurious of his right.  
 3 – When calculating the compensation that is owed to the injured party, the amount 
of the revenue resulting from the illegal conduct of the infringer shall be considered.  
 4 – The court shall also take into consideration non -pecuniary  damage caused by 
theinfringer ’s conduct.  
 5 – Should it be impossible to determine the amount of losses actuall y incurred in 
accordance with the previous numbers, the amount of actual losses suffered by the injured party 
and as long as the latter does not oppose it, the court may as an alternative establish a fixed 
amount based on the principle of fairness, which t akes into account, at the very least, 
remuneration that would have been earned by the injured party if the infringer had requested 
authorisation to use the industrial property rights or trade secrets in question and the costs of 
protecting the industrial p roperty right or trade secret, along with research and stoppage of the 
injurious conduct.  
 6 – When, in relation to the injured party, the conduct of the infringer constitutes a 
repeated practice or if it is especially serious, the court may decide to awar d compensation 
through accumulation of all or some of the aspects provided for in nos. 2 to 5.  
 7 – Whatever the circumstance, the court shall establish a reasonable amount to cover 
costs that have been duly proven and incurred by the injured party with re spect to research and 
stoppage of the injurious conduct.  
 
SUB -SECTION VI  127 
  
Measures ensuing from the decision on the substance  
 
Article 348.  
 
Supplementary sanctions  
 
 1 – Without prejudice to establishment of compensation for losses and damages, the 
court’s decision on the substance shall, at the request of the injured party and expense of the  
infringer , determine the measures pertaining to what is to be done with  the goods that exhibit 
infringement of industrial property rights or trade secrets.  
 2 – The measures provide d for in the previous number shall be suitable, necessary and 
proportionate to the seriousness of the infringement and may include destruction , removal or 
permanent exclusion from the commercial circuits, without attributing any compe nsation to the  
infringer . 
 3 – When applying these measures, the court shall take into account the legitimate 
interests of third parties, especially consumers.  
 4 – The instruments used to manufacture the goods that exhibit infringement of 
industrial prope rty rights or trade secrets shall also be the subject matter of supplementary 
sanctions provided for in the present article.  
 
Article 349.  
 
Corrective measures  
 
 1 – The court decision on the substance may also impose on the infringer a measure for 
inhibit ing the continuation of the verified  infringement . 
 2 – The measures provided for in the previous number may include:  
 a) Temporary interdiction of the performance of certain activities or professions;  
 b) Deprivation of the right to participate in fairs or markets;  
 c) Temporary or permanent closure of the establishment.  
 3 – The provisions of the present article shall apply to any intermediary whose services 
are being used by third parties to violate industrial property rights or trade secrets.  
 4 – In decisions to force stoppage of an illegal activity the court may apply a compulsory 
monetary sanction in view of enforcing the respective decision.  
 
SUB-SECTION VII  
 
 Publicity  
 
Article 350.  
 
Publication of court decisions  
 
 1 – At the request of the injured party and at the expense of the  infringer , the court may 
order publication of the final decision.  
 2 – The publication referred to in the previous number may be undertaken through 
publication in the Industrial Property Bulletin or through disclosur e via any communication 
media deemed appropriate.  
 3 – The publication shall be done via excerpt containing parts of the sentence and 
identification of the perpetrators.  
 128 
 SECTION III  
 
Special norms pertaining to trade secrets  
 
Article 351.  
 
Limits and exceptions  
 
 1 – Measures, procedures and reparation methods provided for in the present and 
previous section shall be refused whenever a trade secret has been obtained , used or disclosed  
in one of the following situations:  
 a) Exercising of the right to f reedom of expression and information guaranteed under  
the Charter of Fundamental Rights of the European Union , including respect for liberty and 
pluralism of the media;  
 b) Revelation of bad conduct, irregularity or illegal activity, as long as the alleged 
infringer has acted to protect the general public interest;  
 c) Disclosure by workers to the respective representatives within the scope of 
legitimately representing the  workers, pursuant to applicable legislation, as long as such a 
disclosure has been necessary for said representation;   
 d) Protection of legally recognised legitimate interest.  
 2 – Application of the measures, procedures and reparation measures stipulate d in the 
present and previous section shall be ensured in view of avoiding abuse or creation of obstacles 
to legitimate commerce.  
 
Article 352.  
 
Preservation of confidentiality of trade secrets in legal proceedings  
 
 1—Any person who participates in legal proceedings through which he or she has access 
to the documents pertaining to it shall not be authorised to use or disclose any trade secret or 
alleged trade secret that the court, in response to a duly reasoned request made by the 
interested party, has identified as confidential and of which he or she has gained knowledge as 
a result of that participation or access.  
 2 – The confidentiality obligation shall not be extinguished with the end of the judicial 
proceedings, except when a fi nal judgment has been rendered stating that the alleged trade 
secret does not meet the requirements stipulated in article 313. or that the information in 
question has become known to the persons in the circles that normally deal with this type of 
informati on or the information has become easily accessible to these persons.  
 3 – Subsequent to a duly reasoned request from one of the parties upon initiative of the 
court and always taking into account the need to safeguard the right to legal action and an 
impartial court, along with the interests of the parties or third parties, spec ific and proportionate 
measures may be taken to preserve the confidentiality of any trade secret or alleged trade secret 
used or mentioned during the course of the legal proceedings, namely the following:  
 a) Limitation of access to documents containing trade secrets or alleged trade secrets 
and which have been submitted by the parties or third parties, in whole or in part, to a restricted 
number of people;  
 b) Limitation to a restricted number of persons with access to hearings, along with the 
respective r ecords and transcripts, when there is the possibility of disclosure of trade secrets or 
alleged trade secrets;  
 c) Access given to a non -confidential version of court judgments from which sections 
containing trade secrets have been removed or hidden to persons who have not been included 
in the restricted number referr ed to in the previous sub -paragraphs.  129 
  4 – The number of persons mentioned in sub -paragraphs a) and b) of the previous 
number shall not exceed the number necessary for ensuring compliance with  the right of the 
parties to legal action and an im partial court and shall include  at least one individual person 
from each party and the respective proxies or other representatives.  
 
Article 353.  
 
 Limitation period  
 
 1 – The  time limitation  for infringement of trade secrets is 5 years and is counted from 
the time when the right can be exercised.  
 2 – Rules pertaining to interruption and su spension of the time limitation  stipulated in 
the Civil Code shall be subordinately applicable with the necessary adaptations.  
 
354.  
 
 Injunctions  
 
 1 – When the infringement of trade secrets is at stake, in addition to the requirements 
listed in article 345., the court shall also take into account, if applicable, the value of the secret 
or other specific characteristics, the measures taken to protect them, the conduct of the 
respondent, the impact of illegal use or disclosure, along with the legitimate interests of the 
parties, third pa rties and the public interest, along with the safeguarding of fundamental 
rights.  
 2 – Disclosure of a trade secret in exchange for a guarantee is prohibited.  
 
Article 355.  
 
Supplementary sanctions  
 
 1 – The application of the measures provided for in arti cle 348. can under no 
circumstanc es hinder the protection of the  trade secret in question.  
 2 – When assessing and applying the supplementary sanctions , the court shall take 
into account the previous article.  
 3 – As an alternative to the measures stipulat ed in article 348. and at the request of 
the person that is subject to them, the court may rule to award payment of reasonably 
satisfactory monetary compensation to the injured party whenever execution of the measures 
causes disproportionate damage to the person subject to them and said person had no 
knowledge of or reason to have knowledge of the fact that th e goods had been subject to 
infringement of trade secrets.  
 4 – The compensation stipulated in the previous number may not exceed the amount 
of remunerations that would have been earned by the injured party if the infringer had 
requested authorisation to use the trade secrets in question during the period in which that 
use was prohibited.  
 
Article 356.  
 
Injunctive measures  
 
 1 – When the infringement of trade secrets is at stake the court judgment may impose 
the following on the  infringer : 130 
  a) Stoppage, or depending on the particular case, prohibition of use or disclosure of 
the trade secret;  
 b) Prohibit ion of producing, offering, marketing or using goods that are illegal , or 
importing, exporting or warehousing for such purposes goods that are illegal . 
 2 – If the court rules to limit the duration of the measures stipulated in the previous 
number, the established duration shall be suitable to eliminating any commercial or economic 
advantage that the infringer may have benefitted from as a result of illega lly obtaining, using 
or disclosing the trade secret.  
 3 – When assessing and applying the measures provided for in the present article, the 
court shall take into account the provisions of article 354 . 
 4 – Numbers 3 and 4 of the previous article, together with the causes for extinction 
and revocation stipulated in article 342., shall apply to injunctive measures, subject to the 
necessary adaptations.  
 
Article 357.  
 
Publication  
 
 1 – The publication stipulated in article 350. shall be undertaken using an exc erpt 
containing information from the ruling and sentence, as well as identifying the perpetrators, 
except for cases in which it is deemed that such an identification is not jus tified, taking into 
account the  potential damages that such a measure would caus e to the privacy and reputation 
of the  infringer . 
 2 – Publication shall preserve the confidentiality of the trade secrets and the court shall 
take into account article 354 . 
 
SECTION III  
 
Subsidiary provision  
 
Article 358.  
 
Subsidiary law 
 
 All that is not especially regulated by the present section shall be subordinately subject 
to other measures and procedures provided for under the law, namely the Code of Civil 
Procedure.  
 
SECTION IV  
 
Criminal and administrative offence procedure  
 
Article 359.  
 
Civil party  
 
 In addition to the persons to whom criminal procedure legislation grants the right of 
being civil parties, legally constituted business associations are allowed to participate in that 
capacity  in criminal cases provided for under the present Code.  
 
Article 360.  
 131 
 Inspection and seizure  
 
 1 – Before an enquiry is opened and without prejudice to the provisions of article 328., 
criminal police bodies shall ex officio undertake inspection and preventive diligences.  
 2 – Objects exhibiting an illegality stipulated in the present code, along wit h materials 
or instruments that have been predominantly used to practice the illegal act.  
 3 – Regardless of any complaint submitted by the injured party, criminal police bodies 
shall directly examine the seized products when it is known that they have not  been 
manufactured or sold by the owner of the right or by someone with his or her authorisation, and 
in all other cases the legal authority may order an expert examination.  
 4 – When formal charges have been laid, the owner or possessor of the products that 
are suspected to have violated industrial property rights shall be questioned by the criminal 
police body or relevant judiciary authority if he or she opposes destruction of the seized 
products . 
 5 – The judiciary authority shall declare the seized prod ucts forfeited to the State and 
shall immediately undertake their  destruction, except if:  
 a) The accused is opposed; or  
 b) The owner of the injured right expressly consents to allow the products to be used in 
some other way, whenever it is possible to el iminate the part or distinctive sign that the products 
contain that is suspected to violate  industrial property right.  
 6 – For the  reasons stipulated in sub -paragraph b) of the previous number, the judiciary 
authority shall order notification of the owner of the right and his or her consent shall be 
presumed if he or she has not responded within a period of 10 days.  
 7 – Whenever it is not possible to identify the owner or possessor of the seized products 
by the time of validation of the seizure by the judiciary authority and there is suspicion that 
these products violate industrial property rights, said authority shall, within the ti me period 
legally provided for validation, even if no formal complaint has been made, declare the seized 
property forfeited to the S tate and immediately determine  its destruction, except if the owner 
of the injured right expressly consents to allow them to  be used in some other way, whenever 
it is possible to eliminate the part or distinctive sign that they contain which is suspected to 
constitute an infringement of industrial property right.  
 
Article 361.  
 
Warehousing and destruction costs  
 
 Costs pertaining to warehousing and destruction of seized articles are considered case 
costs and the persons responsible for paying them shall be determined in accordance  with  
criminal procedure legislation.  
 
Article 362.  
 
Fact finding in administrative offence  files  
 
 Fact finding in administrative offence files as provided for under the present Code shall 
be undertaken by the Autoridade de Segurança Alimentar e Económica (Authority for Foo d and 
Economic Safety).  
 
Article 363.  
 
Judgment and applicable sanctions  
 132 
  The directive council of the INPI, I. P. shall decide on and apply the fines and 
supplementary sanctions stipulated in the present Code.  
 
Article 364.  
 
Distribution of the amounts of the fines  
 
 The product resulting from application of fines shall be distributed as follows:  
 a) 60% to the State;  
 b) 20% to the Autoridade de Segurança Alimentar e Económica;  
 c) 20% to the INPI, I. P . 
 
TITLE IV  
 
Fees  
 
Article 365.  
 
Establishment of fees  
 
 Fees shall be paid for the acts provided for under  the present Code, as determined by 
joint ordenance from the member of the government responsible for finance and the member 
of the government responsible for the INPI, I. P., subject to proposal from the l atter institute.  
 
Article 366.  
 
Forms of payment  
 
 1 – All amounts that constitute own revenue of INPI, I. P. shall be paid in cash, by cheque, 
postal money order or by electronic means , in accordance with the requirements for the listed 
acts and later verified and processe d in accordance with public accounting rules applicable to 
the INPI, I. P.  
 2 – The INPI, I. P. may allow for other forms of payment, without prejudice to the 
provisions of the previous number.  
 
Article 367.  
 
Counting  of periodic fees  
 
 1 – Annual fe es pertaining to patents, utility models, registration of semiconductor 
topographies and five -year periods pertaining to registrations of designs or models shall be 
counted from the date of the respective applications.  
 2 – Annual fees pertaining to supplementary protection certificates shall be counted 
from the day that follows the end of the validity of the respective patent.  
 3 – Periodic fees pertaining to all other registrations shall be counted as of the date of 
filing  of the registration application.  
 4 – Whenever because of a court or arbitration ruling or application of transitional 
provisions the initial date of validity of the patents, utility models or registrations does not 
coincide with the date mentioned in the  previous numbers, the respective annual or periodic 
fees shall be counted as of that date.  
 
Article 368.  133 
  
Payment deadlines  
 
 1 – Only annual fees pertaining to the 3rd year of validity and subsequent years for 
patents, utility models and semiconductor to pographies, along with the 2nd and subsequent 
five-year period relative to designs or models shall be payable.  
 2 – Annual fees and five -year periods shall be paid within the six months that precede 
the respecti ve due dates, even if the right s have not yet been granted.  
 3 – Without prejudice to the provisions of the previous number and no. 1 of the 
following article, the first payments of the annual fees pertaining to the European and 
international methods, required for enforcement  in Portugal , and the patent applications  and 
utility models resulting from the transformation stipulated in articles 88. to 89. may be made 
within a period that does not exceed three months from the date of the first anniversary that 
follows the validation date of the transformation.  
 4 – The fi rst payment of the annual fees for supplementary protection certificates shall 
be made within the last six months of the validity of the respective patent, and said payment 
shall not be required when the validity period of the certificate is less than six months, and all 
subsequent annual fees shall be  payable during the last six months that precede the respective 
due date.  
 5 – Fees pertaining to the grant of registrations shall be paid after the grant date and no 
later than the maximum period of six month s counted from the publication date of that grant 
decision in the Industrial Property Bulletin.  
 6 – Subsequent payments of periodic fees pertaining to all other registrations shall be 
paid during the last six months of the validity of the respective right . 
 7 – The fees referred to in the previous numbers may also be paid with a surcharge, 
within a period of six months counted from the end of the validity period, otherwise  revocation 
shall ensue.  
 8 – The owners of the rights shall be informed of t he end o f the payment deadlines 
provided for in the previous numbers and the following article in a merely informative manner, 
at least six months in advance.  
 9 – Lack of notification mentioned in the previous number shall not constitute 
justification or failure to pay the stipulated fees.  
Article 369.  
 
Revalidation  
 
 1 – It shall be possible to request validation for any patent title, utility model or 
registration that has expired due to lack of payment of fees within a period of one year  counted 
from the date of publication of the notice of revocation in the Industrial  Property Bulletin.  
 2 – The revalidation referred to in the previous number shall only be authorised upon 
payment of triple the amount of the outstanding fees and notwithst anding rights of third parties.  
 3 – The owner of the revalidated right may not invoke it in relation to a third party who 
has in good faith, during the period spanning between the loss of the issued rights and the 
publication of the mention of revalidatio n, has initiated exploitation or commercialisation of the 
subject matter of the right or made real and serious preparations to exploit and commercialise 
it. 
 4 – Third parties who avail themselves of the provisions of the previous number may, 
within a peri od of two months counted from the date of publication of the revalidation notice , 
oppose the decision that revalidates the right, and the owner of the revalidated right shall have 
an identical time period to respond to such an opposition.  
 
Article 370.  134 
  
Reduction  
 
 1 – Applicants of patents, utility models and registrations of semiconductor 
topographies and designs or models that prove that they do not receive revenue that would 
allow them to pay expenses pertaining to requests and maintenance of those rights shall b e 
exempt from payment of 80% of all fees up until the 7th annual fee and until the 2nd five -year 
period if they so request before submitting the respective application.  
 2 – The directive council  of the INPI, I. P. shall be responsible  for assessing the pr oof 
mentioned in the previous number and the decision regarding the request.  
 
Article 371.  
 
Refund  
 
 1 –Ex officio or at the request of the interested party, fees shall be refunded whenever 
it is recognised that they have been unduly paid.  
 2 – The amounts  deposited for paying expenses for inspections that have not been 
authorised or that were canceled  in a timely fashion shall be refunded at the request of the 
person who deposited them.  
 
Article 372.  
 
Suspension of payment  
 
 1 – While a declaration of nullity or annulment process is pending at the INPI, I. P., or a 
case is pending in court or at an arbitration tribunal regarding an industrial property right or the 
seizure or lien has not been lifted from the right, along with any other seizure performed in 
accordance with applicable legislation, no revocation shall be declared for the respective patent, 
supplementary protection certificate, utility model, or registration due to lack of payment of 
periodic fees that may become due.  
 2 – When any of the decisions mentioned in the previous number are rendered final , 
this fact shall be published in the Industrial Property Bulletin.  
 3 – All outstanding fees shall be paid without any surcharge within a period of one year 
counted from the  date of publication of the notice mentioned in the previous number in the 
Industrial Property Bulletin.  
 4 – Once the time period stipulated in the previous number has elapsed without 
payment of the outstanding fees, revocation of the respective industrial property right shall be 
declared.  
 5 – The court shall automatically communicate the pendi ng nature of t he action to the 
INPI, I. P . 
 6 – Once the legal action has been concluded or the seiz ure, lien or other apprehension  
has been lifted pursuant to applicable legislation, the court shall automatically communicate 
this fact to the INPI, I. P . 
 
Article 373.  
 
Rights pertaining to the State  
 
 Industrial property rights pertaining to the State shall be subject to the formalities and 
charges associated with the applic ation, its grant and renewal, and revalidation  when exploited 
or used by any type of company . 135 
  
TITLE V  
 
Industrial Property Bulletin  
 
Article 374.  
 
Industrial Property Bulletin  
 
 The Industrial Property Bulletin  shall be published in electronic format by the INPI, I. P . 
 
Article 375.  
 
Content  
 
 The following shall be published in the Industrial Property Bulletin:  
 a) Notices pertaining to patent application, supplementary protection certificates, utility 
models and registration;  
 b) Amendments to the initial application;  
 c) Revocation notices;  
 d) Issuances and refusals;  
 e) Notices o f revalidation applications and the decision issued regarding such 
applications;  
 f) Declarations of renunciation and withdrawals;  
 g) Transfers and granting of exploitation licenses;  
 h) Final judgments regarding court file cases pertaining to industrial  property;  
 i) Other facts or decisions that modify or extinguish private rights, along with all acts and 
matters that must be brought to the attention  of the public;  
 j) Establishment of rights of guarantee or usufruct, along with a lien, seizure and othe r 
apprehensions of goods conducted in accordance with applicable legislation;  
 k) Notices of requests for re -establishment of rights and the decision issued regarding 
such applications.  
 
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