In Portugal Law No. 46/2011, establishing the intellectual property Court and amending the Law on the organization and functioning of the Courts and the Industrial Property Code has been published.
The Portuguese government announced that a specialized Court with regard to intellectual property would be created and, in March 2011, the protocol on the establishment of the intellectual property Court in the city of Santarem was signed between the Minister of Justice and the Mayor of Santarem.
Now the Law No. 46/2011, establishing the intellectual property Court and amending the Law on the organization and functioning of the Courts and the Industrial Property Code has been published.
The intellectual property Court shall have competence for the following questions:
Actions on copyright and related rights;
Actions on industrial property;
Appeals against decisions of the Portuguese Patent and Trademark Office (INPI);
Actions on domain names;
Appeals against decisions of the Portuguese NIC Authority (FCCN);
Actions on firms or corporate names;
Appeals against decisions of the National Register of Companies (RNPC);
Actions on acts of unfair competition in the field of industrial property;
Interim measures of obtaining and preserving evidence and to provide information under the protection of intellectual property rights.
The intellectual property Court will also act as a Community trade mark Court and as Community design Court in the Portuguese territory.
The jurisdiction of the existing Courts (including the Commercial Court of Lisbon) will be maintained for the ongoing processes at the time of installation of the new intellectual property Court Court.
Law 46/2011 will enter into force at the date of installation of the new intellectual property Court.
Although it was announced that the installation of this Court would take place in September 2011, given the recent change of the Portuguese Government and the commitments made in the memorandum of understanding with the IMF and the EU, it is impossible to predict at this stage when the installation of the intellectual property Court will be completed.
Reported by BAPTISTA, MONTEVERDE & ASSOCIADOS
