WORLD TRADE 
ORGANIZATION 
Councll for Trade-Related Aspects 
of Intellectual Property Rights IPIN/1IPRTII/1 
30 September 1996 
(96-3887) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Portugal 
The present document reproducesl Decree-Law No. 16/95, of 24 January 1995, "Industrial 
Property Code", as notified by Portugal under Article 63.2 of the Agreement (see 
document IP/N/lIPRT/l) with reference to the WIPO collections of laws and regulations. Decree-Law 
No. 15/95, which is mentioned indocumentIP/N/IIPRTIl in conjunction with Decree-Law No. 16/95, 
will be circulated as document IP/N/IIPRT/I/lIAdd.l, once the text of that Decree-Law has been made 
available to the Secretariat. 
lIn English only. IP/N/1/PRT/I/l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(This (t'.\'f replaces thc nne prc\'iollsly puhlished IIl1der thc saml' code nllmha.) 
PORTUGAL 
Industrial Property Code* 
(Decree-Law No. 16/95, of January 24, 1995) 
TABLE OF CONTENTS** 
PART I 
GENERAL PART 
Chapter I: General Pro\'isions Article 
Social Function of Industrial Property. . . . . . . I 
Scope of Industrial Property ............... 2 
Personal Scope of Application ............. 3 
System Applicable to Cases of More Than One 
Proprietor .............................. 4 
Effects of the Registration. . . . . . . . . . . . . . . . . 5 
Proof of Industrial Property Rights ......... 6 
Supply of Certificates of Grant. . . . . . . . . . . . . 7 
Contents of Certificates . . . . . . . . . . . . . . . . . . . 8 
Calculation of Time Limits ................ 9 
Chapter 11: Administrative Procedure 
Entitlement to File and Take Action 10 
Priority of Filing. . . . . . . . . . . . . . . . . . . . . . . . . 11 
Proof of the Priority Right ................ 12 
Loss of the Priority Right ................. 13 
Rectification of Deficiencies .............. 14 
Notarization of Signatures. . . . . . . . . . . . . . . . . 15 
Notifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 
Time Limit to Reply . . . . . . . . . . . . . . . . . . . . . . 17 
Copies of Briefs Filed .................... 18 
Subsequent Formalities ................... 19 
Inspections ............................. 20 
Official Inspections ...................... 21 
Filing of Documents. . . . . . . . . . . . . . . . . . . . . . 22 
Attachment to the File and Return of Docu-
ments .................................. 23 
Modification of the Decision ex officio. . . . . . 24 
Grounds for Refusal ...................... 25 
Amendment to Non-Essential Elements. . . . . . 26 
Documents Attached to Other Files ......... 27 
Publication of Acts. . . . . . . . . . . . . . . . . . . . . . . 28 
Chapter Ill: Assignment and Licenses 
Assignment ............................. 29 
Contractual Licensing .................... 30 
Registering the Rights .................... 31 
* Portuguese title: C6digo da Propriedade Industrial. 
Entry ;nlO force: June 1. 1995. 
Source: English translation communicated by the Portu­
guese authorities . 
.. Added by WIPO. INDUSTRIAL PROPERTY 
LAWS AND TREATIES INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
Chapter IV: Termination of Industrial Property Rights 
Revocation ............................. 32 
Annulment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 
Procedure for the Declaration of Revocation 
and Annulment .......................... 34 
Effects of the Declaration of Revocation .... 35 
Lapse .................................. 36 
Renunciation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 
Chapter V: Appeal 
Section I: Judicial Appeal 
Persons Entitled to Appeal ................ 38 
Time Limit of Appeal .................... 39 
Reply; Submission of the File. . . . . . . . . . . . . . 40 
Consultation of the File by the Opposing Party 41 
Request for Technical Experts ............. 42 
Appeal Against a Judicial Decision ......... 43 
Publication of the Final Decision ........... 44 
Section H: Guarantees 
Preliminary Injunction System 
Section Ill: Ministerial Appeal 45 
Ministerial Appeal ....................... 46 
PART 11 
INDUSTRIAL PROPERTY LEGAL SYSTEMS 
Chapter I: Inventions 
Section I: General Provisions 
Subject Matter of the Patent ............... 47 
Limitations Regarding Subject Matter . . . . . . . 48 
Limitations Regarding the Patent ........... 49 
Requirements for Grant ................... 50 
State of the Art .......................... 51 
Non-Opposable Disclosures ............... 52 
Right to the Patent ....................... 53 
Employees' Rights ....................... 54 
Inventor's Right ......................... 55 
Priority Right ........................... 56 
Section 11: Patent Procedure 
Subsection I: National Route 
Form of Application. . . . . . . . . . . . . . . . . . . . . . 57 
Documents to be Filed ... . . . . . . . . . . . . . . . . . 58 
Biotechnological Inventions ............... 59 
Time Limit for Submission of the Specification 
and Drawings ........................... 60 
Unity <>f the Invention .................... 61 
Publication of the Application and Rights 
Conferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 
Examination Report ...................... 63 
Publication of the Notice of Acceptance of 
Grant or Refusal .. , ............... ,...... 64 
Partial Grant ............................ 65 
Opposition. .. . . . . . .. . . . . . . . . . . . .... .. . .. 66 
Publication ............................. 67 
Publication of the Complete Patent Specifi-
cation ................ ,., . . . . ......... . . 68 
Grounds for Refusal ........ . . . . . . . . . . . . . . 69 
Notification of Grant to the Applicant .. , . . . . 70 IPINI 1/PRT 11/1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES IP IN I l/PRT 11/1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCII 1<J9h 
SuhsedlOn 11: Eurnr~Jn Route 
Scope 
Filing nf European Patent Arpllcatlon~ 
Languages 10 Which European Patent .-\rpll· 
cations May Be Drawn l;p 
Rights Conferred by Published Eurnpean 
Patent ApplicatIOn, 
Translation of the Complete Speclficatll)n of 
the European Patent ..... . ....... . 
Time Limit to File the Translallon of the Com­
plete Speciflcallon of the European Patent 
Effecllng of Translation~ . . . . .. ., 
Publicallon of the Sotice Concernlnf the 
Translation ..................... . 
Record on Patent Registers ........... . 
Authentic Text of a European Patent ... . 
Revision of the Translation ........... . 
Conversion of a European Patent Application 
Into a Portuguese Sational Paten! ApplICation 
Conversion of a European Patent Application 
Into a Portuguese Ctility Model ApplicatIon . 
Dual Protection Prohibition .............. . 
Annual Fees ...................... . 
Subsection II1: Patent Cooperation Treaty Route 71 .,.., '-
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 
Definition and Scope ..................... 86 
Filing of International Applications. . . . . . . . . 87 
Designated or Elected Office .............. 88 
Effects of International Applications. . . . . . . . 89 
Time Limit to File the Translation of the Inter-
national Application. . . . . . . . . . . . . . . . . . . . . . 90 
Rights Conferred by Published International 
Applications ........................ 91 
International Applications Containing Indepen-
dent Inventions .......................... 92 
Section Ill: Effects of the Patent 
Scope of Protection: Reversal of the Burden of 
Proof .................................. 93 
Term of the Patent ....................... 94 
Indication of the Patent ................. 95 
Rights Conferred by a Patent .............. 96 
Private L'se ......................... 97 
Limitation of the Rights Conferred by a Patent 98 
Scope of the Right .................... 99 
Non-Opposability . . . . .... .. .... . .... . lOO 
Legal ~10nopoly System ................ 101 
Section IV: Conditions of ese 
Loss of a Patent ......................... 102 
Compulsory Working.. . . . . . . . . . . . . . . . . . . . 103 
Certificate of Working. . . . . . . . . . . . . . . . . . . . 104 
Compulsory Licenses . . . . . . . . . . . . . . . . . . . . . 105 
Insufficient Production of the Subject Matter of 
the Patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 
Dependent Licenses ...................... 107 
Public Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 108 
Non-Exclusive License ................... 109 
Application for the Grant of a Compulsory 
License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 
Application for Mediation by the National 
Institute of Industrial Property ............. I11 
Acceptance by the Institute to Mediate ...... 112 
Mediation Procedure ..................... 113 
Agreement Between the Parties ............ 114 I~DUSTRIAL PROPERT'I 
LA WS AND TREATIES INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199fJ 
Compulsory License Grant Procedure ...... . 
Reply ................................. . 
Grant or Refusal of the License ........... . 
Suspension of the Proceedings ............ . 
Notification of Grant or Refusal to the Parties 
Section V: Termination of the Paten! 115 
116 
117 
118 
119 
(nvalidity .............. . . . . . . . . . . . . . . . . . 120 
Lapse .................................. 121 
Chapter 11: Utility Models 
Section I: General Provisions 
Subject of the Model ..................... 122 
Exceptions to Protection .................. 123 
Employees' Rights: Inventor's Rights. . . . . . . 124 
Priority Right ........................... 125 
Provisions Applicable .................... 126 
Section 11: Utility Model Procedure 
National Route; Provisions Applicable ...... 127 
International Route; Provisions Applicable .. 128 
Grounds for Refusal ..... . . . . . . . . . . . . . . . . . 129 
Section Ill: Effects of the Utility Model 
Scope of the Protection ................... 130 
Term................................... 131 
Indication of the Model ................... 132 
Rights Conferred by the Model ............ 133 
Section IV: Conditions of Use 
Loss of the Model . . . . . . . . . . . . . . . . . . . . . . . . 134 
Compulsory License. . . . . . . . . . . . . . . . . . . . . . 135 
Appeal Against the Decision to Grant or Refuse 
a License ............................... 136 
Section V: Termination of the Utility Model 
Invalidity .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 
Lapse .................................. 138 
Chapter Ill: Industrial 'lodels and Designs 
Section I: General Provisions 
Subject of the Model ..................... 139 
Subject of the Design. . . . . . . . . . . . . . . . . . . . . 140 
Subject of Legal Protection ....... . . . . . . . . . 141 
Artistic Works. . . . . . . . . . . . . . . . . . . . . .. . . . . 142 
Exceptions to Protection .................. 143 
Novelty ................................ 144 
Non-Opposable Disclosures ............... 145 
Right to the Model ....................... 146 
Employees' Rights. . . . . . . . . . . . . . . . . . . . . . . 147 
Creator's Right. . . . . . . . . . . . . . . . . . . . . . . . . . 148 
Priority Right ........................... 149 
Section II: Registration Procedure 
Form of Application. . . . . . . . . . . . . . . . . . . . . . 150 
Documents to be Filed .................... 151 
Unity of the Application .................. 152 
Publication of the Application and Rights Con-
ferred .................................. 153 
Examination Report ...................... 154 
Partial Grant ............................ 155 
Oppositions ............................. 156 
Publication ............................. 157 
Grounds for Refusal ............ '. . . . . . . . . . 158 
Notification of Grant to the Applicant. . . . . . . 159 IP/N/1/PRTII/l 
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INDUSTRIAL PROPERTY 
LA WS AND TREA TI ES IP/NI1 IPRT 1111 
Page 6 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
Section Ill: Effects of Registration 
Term................. ...... ..... . .. . ... 160 
Indication of the Model or Design .......... 161 
Rights Conferred by a Registration ......... 162 
Inalterability of Models and Designs . . . . . . . . 163 
Section IV: Invalidity of the Registration 
Invalidity................... ....... . .. .. 164 
Chapter IV: Trademarks 
Section I: General Provisions 
Subsection I: Product or Service Marks 
Composition of a Trademark . . . . . . . . . . . . . . . 165 
Exceptions .... . . . . . . . . . . . . . . . . . . . . . . . . . . 166 
Proprietorship of the Trademark and Exclusive 
Rights Thereto .......................... 167 
Right to the Registration .................. 168 
Extension of the Right to the Registration ... 169 
Priority Right ........................... 170 
Unregistered Trademark .................. 171 
Subsection 11: Collective Marks 
Definition of a Collective Mark ............ 172 
Association Mark ........................ 173 
Certification Mark ....................... 174 
Right to the Registration of Collective Marks 175 
Provisions Applicable to Collective Marks ... 176 
Subsection Ill: Base Marks 
Definition of a Base Mark . . . . . . . . . . . . . . . . . 177 
Right to the Registration .................. 178 
Use of Base Marks ....................... 179 
Provisions Applicable to Base Marks 180 
Section 11: Registration Procedure 
Subsection I: National Registration 
Applications ............................ 181 
Elements Accompanying the Application .... 182 
Language to be Used for the Wording of Trade-
marks .................................. 183 
Unity of Registration ..................... 184 
Publication of the Application ............. 185 
Oppositions ............................. 186 
Subsequent Formalities in the Procedure .... 187 
Grounds for the Refusal of a Rel!istration . . . . 188 
Other Grounds for Refusal ... ~............ 189 
Protection of Well-Known Trademarks. . . . . . 190 
Protection of Trademarks of High Renown .. . 191 
Partial Refusal .......................... 192 
Concept of Imitation ..................... 193 
Special Registration Process .... . . . . . . . . . . . 194 
Declaration of Intention to Use ............ 195 
Subsection 11: International Registration 
Right to the Registration .................. 196 
Application ............................. 197 
Renunciation of the Registration ........... 198 
Modifications to the Registration .. . . . . . . . . . 199 
Publication of the Application ............. 200 
Oppositions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 
Procedural Formalities. . . . . . . . . . . . . . . . . . . . 202 
Refusal of the Registration ................ 203 
Section Ill: Effects of the Registration 
Legal Presumption of the Registration ...... 204 
Term of the Registration .................. 205 INDUSTRIAL PROPERTY 
LAWS AND TREATIES INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
Indication of the Registration ............. . 
Rights Conferred hy a Registration ........ . 
Scope of the Right ...................... . 
Limitation of the Rights Conferred by a Regis-
tration ................................ . 
Inalterability of Trademarks .............. . 
Section IV: Assignment and Licenses 
Assignment ............................ . 
Limitations of the Assignment ............ . 
Licenses ............................... . 
Section V: Termination of the Trademark Registration or 
Rights Derived Therefrom 
Annulment ............................ " 
Limitation in Consequence of Acquiescence . 
Lapse ................................. . 
Chapter V: Awards 
Section I: General Provisions 206 
207 
208 
209 
210 
211 
212 
213 
214 
215 
216 
Registrable Awards ...................... 217 
Conditions Governing the Indication of Awards 218 
Proprietorship of Awards ................. 219 
Section Il: Registration Procedure 
Application ............................. 220 
Elements Accompanying the Application .... 221 
Refusal of the Registration ................ 222 
Return of Documents ..................... 223 
Section Ill: Use and Assignment 
Indication of Awards. . . . . . .. . . . . . . . . . . . . . 224 
Legal Formalities and Record of the Regis-
tration ................................. 225 
Section IV: Termination of Award Registrations 
Annulment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 
Lapse .................................. 227 
Chapter VI: ~ames and Emblems of Establishment 
Section I: General Provisions 
Right to Names and Emblems ..... . . . . . . . . . 228 
Composition of Names of Establishment. . . . . 229 
Composition of Emblems of Establishment " 230 
Exceptions to Protection .................. 231 
Rights Conferred by Sames and Emblems 232 
Section 11: Registration Procedure 
Name and Emblem :\pplications ........... 233 
Elements Accompanying the Application .... 234 
Publication of the Application ............. 235 
Opposition Time Limit ................... 236 
Subsequent Formalities of the Procedure .... 237 
Refusal of the Registration ................ 238 
Modifications to Names or Emblems ...... . . 239 
Section III: Use and Assignment 
Indication of Name or Emblem. . . . . . . . . . . . . 240 
Inalterability of Names and Emblems ....... 241 
Term................................... 242 
Record of Assignment .................... 243 
Annulment ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 
Lapse .................................. 245 
Chapter VII: Logos 
Composition of Logos .................... 246 
Right to Logos .......................... 247 
Rules Applicable ........................ 248 IP/NI1/PRT/II 1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES IP/N/lIPRT/l/l 
Page 8 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH /996 
Chapter VIII: Appellations of Origin and (,eographical 
Indications 
Section I: General Provisions 
Definition and Proprietorship .............. 249 
Regional Demarcation .................... 250 
Rights Conferred by the Registration 251 
Section 11: Registration Procedure 
Subsection I: National Registration 
Application and Registration .............. 252 
Refusal of the Registration ................ 253 
Subsection 11: International Registration 
Application Format ...................... 254 
Section III: Effects and Cancellation of the Registration 
Chapter I: Term of the Registration .................. 255 
Lapse .................................. 256 
PART III 
INFRINGEMENTS 
Infringements Against Industrial Property 
Section I: General Provisions 
Industrial Property Guarantees ............. 257 
Subsidiary Right ...... . . . . . . . . . . . . . . . . . . . 258 
Possibility of Inspection .................. 259 
Section 11: Criminal Offenses 
Unfair Competition ...................... 260 
Violation of the Exclusive Rights to the In-
vention ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 
Patent Obtained in Bad Faith .............. 262 
Violation of the Exclusive Rights Conferred by 
Models and Designs ...................... 263 
Counterfeiting, Imitation and Illegal L'se of 
Trademarks ............................. 264 
Preparatory Acts ......................... 265 
Increased Penalty ........................ 266 
Illegal Reference to or Use of Awards. . . . . . . 267 
Violation of Rights Conferred by Names and 
Emblems ............................... 268 
Section Ill: Unlawful Acts 
Use of Illicit Trademarks. . . . . . . . . . . . . . . . . . 269 
Failure to l!se Compulsory Trademarks ..... 270 
Undue Use of Names or Emblems .......... 271 
False Reference to or Undue Use of Private 
Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 
Section IV: Procedure 
Assistants .............................. 273 
Seizure at Customs. . . . . . . . . . . . . . . . . . . . . . . 274 
Body Competent to Institute Proceedings in 
Respect of Unlawful Acts ................. 275 
Body Competent to Apply Fines and Additional 
Penalties ............................... 276 
Destination of Fines .... . . . . . . . . . . . . . . . . . . 277 
PART IV 
FEES 
Fixing of Fees ........................... 278 
Methods of Payment ..................... 279 INDUSTRIAL PROPERTY 
LA WS AND TREA TIES INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
PART I 
GENERAL PART 
Chapter I 
General Provisions Time Limits for Payment ................. . 
Fines. Revalidation ..................... . 
Reduction of Fees ....................... . 
Refunding of Fees ...................... . 
Suspension of the Payment of Fees ........ . 
Rights Belonging to the State ............. . 
PART V 
INDUSTRIAL PROPERTY BULLETIN 
(BOLETIM DA PROPRIEDADE INDUSTRIAL) 280 
281 
282 
283 
284 
285 
Industrial Property Bulktin . . . . . . . . . . . . . . . . 286 
Contents of the Bulletin. . . . . . . . . . . . . . . . . . . 287 
Bulletin Index ........................... 288 
Distribution of the Bulletin ................ 289 
PART VI 
PROTECTION IN MACAO 
Registration of Trademarks ... . . . . . . . . . . . . . 290 
Filing of Applications .................... 291 
Publication of Applications. . . . . . . . . . . . . . . . 292 
Extension to Macao ...................... 293 IP/N/IIPRTIIIl 
Page 9 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(2) Nationals of any country who are resident or have 
an industrial or commercial establishment, in fact and not 
as a matter of form, in the territory of a member State of 
the Union. shall be considered as nationals of the member 
States. 
(Social Function of Industrial Property) (3) With regard to any other foreign nationals, the 
provisions of Conventions between Portugal and the re­
spective countries shall be observed and. in the absence 
thereof. the system of reciprocity shall apply. Art. I. Industrial Property has the social function of 
guaranteeing fair competition by conferring the private 
rights regulated in this Code, as well as to prevent unfair 
competition. 
(Scope of Industrial Property) 
Art. 2. Industrial property covers industry and com­
merce as such, the fishing. agricultural. forestry, cattle 
and extractive industries and any natural or manufactured 
products and services. 
(Personal Scope of Application) 
Art. 3.-( 1) The present Code shall be applicable to in­
dividual persons and corporate bodies being Portuguese 
or nationals of the member States of the International 
Union for the Protection of Industrial Property, hereinaf­
ter referred to as the Union. in accordance with the tenns 
of the Paris Convention of March 20, 1883, and revisions 
thereof, irrespective of residence or establishment, with 
the exception of the special provisions as to competence 
and procedure. (4) References made in this Code to the Union or 
Paris Convention for the Protection of Industrial Prop­
erty shall cover the relevant provisions of the Agreement 
on Trade-Related Aspects of Intellectual Property 
Rights (TRIPS). 
(System Applicable to Cases of More Than One Propri­
etor) 
Art. 4. In cases of more than one proprietor of indus­
trial property rights, the relationship between them shall 
be governed, unless otherwise agreed, by the provisions 
of civil law relating to joint property. 
(Effects of the Registration) 
Art. 5.-(1) Notwithstanding the provisions of the fol­
lowing paragraph, the grant of industrial property rights 
shall imply only legal presumption of the requirements of 
grant. IP IN/lIPRT 1111 
Page 10 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1990 
(2) An award registration shall guarantee the veracity 
and authenticity of the titles by which they were con­
ferred and shall assure the proprietor of his indefinite 
property and exclusive use thereof. 
(3) Trademark. appellation of origin and name and 
emblem of establishment registrations shall constitute 
grounds for the refusal or annulment of confusingly sim­
ilar company names or trade names for which an applica­
tion for incorporation is filed after the respective 
applications for registration. 
(4) Annulment actions brought under the provisions 
of the preceding paragraph may only be filed within 
10 years after the incorporation of the company, unless 
such actions are filed by the Portuguese Public Prose­
cutor. 
(5) The rights conferred by patents, models, designs 
and registrations shall cover all the Portuguese territory. 
(Proof of Industrial Property Rights) 
Art. 6.-( I) Proof of the industrial property rights re­
ferred to in this statute shall be given by means of the 
patent, model, design and registration certificates corre­
sponding to the various categories governed herein. 
(2) The holders of the various rights may have drawn 
up certified copies identical in content to the patent. 
model, design or registration certificate, in order to prove 
these rights in court or before any other official bodies. 
(3) Certified copies of applications shall also be 
drawn up upon request of the applicant. 
(Supply of Certificates of Grant) 
Art. 7.-( 1) Certificates of grant shall not be supplied 
to the interested parties before one month period after the 
expiration of the time limit for appeal or. if an appeal is 
filed, after the final court decision has been given. 
(2) Certificates shall be supplied to the proprietor or 
his legal representative against issuance of a receipt. 
(Contents of Certificates) 
Art. 8.-( I) The certificates mentioned in the previous 
Articles shall contain the elements necessary for full 
identification of the right that they attest. 
(2) Specimen certificates shall be approved by a deci­
sion of the Minister for the area of industry. 
(Calculation of Time Limits) 
Art. 9.-( 1) Periods established in this statute shall be 
uninterrupted. 
(2) Holders of the various rights shall be reminded 
punctually and duly in advance of the time limits for the 
payment of annuities and renewal and revalidation fees. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(3) If notification is not provided this cannot be cited 
as justification for non-payment of fees within the time 
limits prescrihed. 
Chapter 11 
Administrath'e Procedure 
(Entitlement to File and Take Action) 
Art. 10.-( I) Persons entitled to take legal action be­
fore the National Institute of Industrial Property shall be 
those who have an interest in the acts mentioned in this 
statute or their legal representatives. 
(2) Action can only be taken and the prosecution of 
proceedings handled by: 
(a) the actual interested party or the holder of the 
right. if established or resident in Portugal; 
(b) official industrial property agents; 
(c) appointed lawyers. 
(3) If. during the prosecution of a particular act, the 
regulations governing legal representation stipulated in 
this Article are infringed, the represented party shall be 
directly notified to fulfill the legal formalities required 
within the non-extendible period of one month, without 
loss of the priorities to which he is entitled; failure to do 
so shall mean that such act shall be deemed null and 
void. 
(4) Official agents and appointed lawyers represent­
ing parties shall always have access to the file. 
(Priority of Filing) 
Art. J J .-( I) Except in the cases provided for in this 
statute, patents. models. designs and registrations shall 
be granted to the first party having filed a regular applica­
tion with the documents thereof. 
(2) If applications are sent by mail. precedence shall 
be computed from the date on which the mail was regis­
tered or the date of the postmark. 
(3) If two applications relating to the same right are 
received simultaneously or claim the same priority, no 
action shall be taken until the interested parties have 
settled the question of priority either by agreement or at 
the competent civil court. 
(4) If the application comes from abroad. the interest­
ed party shall be notified to appoint a legal representative 
within one month. in accordance with paragraph (2), sub­
paragraph (b) or (c) of the preceding Article. if a repre­
sentative has not already been appointed. 
(5) The application shaH be refused if the notification 
referred to in the preceding paragraph is not complied 
with. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199{) 
(6) If the application is not initially accompanied by 
all the documents required. priority shall be computed 
from the day and time that the last outstanding document 
is filed. 
(7) If. due to amendments. the invention. model. de­
sign. trademark. name or emblem is to be considered as 
being noticeably different from the one first published in 
the Industrial Property Bulletin. a further notice shall be 
published for opposition purposes and the priority of the 
amendments shall be computed from the date on which 
the amendment was made. 
(8) If the examination reveals that the application 
for the patent. model, design or registration was not 
correctly drawn up, the applicant shall be notified to file 
the application in accordance with the category stipu­
iated. 
(9) In the event of the preceding paragraph the appli­
cation shall be republished in the Industrial Property Bul­
letin and the priorities to which the applicant is entitled 
shall not be affected. 
(10) Until a decision is given. other amendments may 
be authorized, such as in respect of the name or head of­
fice of the applicant. provided that there are sufficient 
grounds for such amendments and they are duly pub­
lished. 
(Proof of the Priority Right) 
Art. 12.-(1) The National Institute of Industrial Prop­
erty may request parties claiming the right of priority to 
file. within a reasonable period of time, a duly certified 
copy. as well as certification of the date of filing and. if 
necessary. a translation. 
(2) This may be requested at any time. but the appli­
cant shall not be required to fulfill this formality before 
three months after the date on which the application was 
filed in Portugal. 
(3) The copy of the application shall be exempt 
from legalization and may be filed free of charge 
within the time limit prescribed in the preceding para­
graph. 
(Loss of the Priority Right) 
Art. 13. Failure to comply with the time limit of the 
preceding provisions shall lead to loss of the right of 
priority claimed. 
(Rectification of Deficiencies) 
Art. 14. If any deficiencies are revealed before 
publication of the notice in the Industrial Property 
Bulletin, the applicant shall be notified thereof by 
this means, in order to effect the necessary rectifi­
cations. (Notarization of Signatures) JP IN 11IPRT 11/1 
Page 11 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Art. 15. Signatures on documents not filed by an offi­
cial agent or appointed lawyer shall always be notarized 
in accordance with legal stipulations. 
(Notifications) 
Art. 16.-(1) If oppositIOns are filed, the applicant 
shall be notified immediately by the National Institute of 
Industrial Property. 
(2) Identical notification shall be made in respect of 
the filing of statements. lapse actions and other similar 
briefs. 
(3) Notice of oppositions, replies and lapse actions 
may be published in the Industrial Property Bulletin for 
information purposes. 
(Time Limit to Reply) 
Art. 17.-( 1) Applicants may reply to oppositions or 
similar briefs within two months after the date of notifi­
cation thereof. 
(2) If necessary. additional statements may be filed 
for further clarification. 
(3) If requested during the time limit prescribed in 
paragraph (1) and for justifiable reasons, an additional 
period of one month may be granted for the filing of the 
briefs mentioned therein. 
(Copies of Briefs Filed) 
Art. 18.-(1) Oppositions and briefs shall be accompa­
nied by a copy thereof. 
(2) The copies mentioned in the preceding paragraph 
shall be supplied to the opposing party by the National 
Institute of Industrial Property. 
(Subsequent Formalities) 
Art. 19. On the expiry of the time limit prescribed in 
Article 17. if no reply has been filed by the party which is 
entitled to exercise this right, the allegations made by the 
parties shall be examined and assessed, after which an 
opinion shall be given on the file and it shall be submitted 
for decision. . 
(Inspections) 
Art. 20.-( 1) Before the information mentioned in the 
preceding Article is provided, the inspection of any in­
dustrial establishment or other premises may be re­
quested in order to back up or clarify the allegations 
made by the parties; the request shall not be accepted 
without a hearing of the other party. 
(2) The request shall be well founded. IP/N/lIPRT/II1 
Page 12 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(3) Any costs involved in the inspection shall be 
borne by the party that requested it. 
(4) The party that requested the inspection may freely 
withdraw it before it is begun. 
(5) In the event of withdrawal in due time or refusal 
of the request for inspection, any expenses incurred shall 
be refunded upon the request of the interested party. 
(Official Inspections) 
Art. 21. An inspection may also be requested by the 
National Institute of Industrial Property of its own mo~ 
tion if it is found to be necessary in order to fully clarify 
the matter. 
(Filing of Documents) 
Art. 22.-(1) Documents shall be filed with the briefs 
containing the facts to which they refer. 
(2) Documents may be filed in accordance with the 
following Article if it is proved to have been impossible 
to obtain them in due time. 
(Attachment to the File and Return of Documents) 
Art. 23.-(1) Oppositions and similar documents filed 
outside the respective time limit, as well as documents 
filed under the circumstances stipulated in paragraph (2) 
of the preceding Article, shall only be attached to the file 
by means of a decision. 
(2) Any documents which are irrelevant or unneces~ 
sary shall be refused, even if they are filed in due time, as 
well as any documents drawn up in disrespectful or im­
proper terms or documents considered as containing a 
repetition of allegations already made. 
(3) The documents mentioned in the preceding para­
graph shall be returned to the parties. who shall be noti­
fied officially in writing to collect them within a 
stipulated period, otherwise they shall be stored separate­
ly from the file. 
(4) The notification mentioned in the preceding 
paragraph shall always be addressed to the actual inter­
ested party, even if a legal representative has been 
appointed. 
(Modification of the Decision ex officio) 
Art. 24.-( I) If. up to the moment of publication of a 
decision, it is found that it should be modified, the case 
shall be referred to a higher decision with information 
concerning the facts which have come to light and make 
it advisable to revoke the decision given. 
(2) A higher decision shall mean a decision given by 
a body that is hierarchically superior to the body that 
signed the decision to be modified. (Grounds for Refusal) INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. 25.-( I) The following shall constitute grounds 
for the refusal of a patent, model. design or registration: 
(a) failure to pay fees: 
(h) omission of documents required; 
(c) failure to comply with other legal formalities: 
(d) if it is found that the applicant intends to practice 
unfair competition or that this is possible irrespective of 
his intention. 
(2) In the cases provided for in subparagraphs (a). (b) 
and (c), the file shall not be submitted for decision with­
out prior written notification to the applicant of a period 
within which he may rectify the application. 
(Amendment to Non-Essential Elements) 
Art. 26.-( I) Any amendment which does not affect 
the essential and characteristic elements of the patent, 
model, design or registration may be authorized in the 
same file, provided that it is duly justified and published 
for appeal purposes, in accordance with the provisions of 
Article 38 onwards. 
(2) No request for amendment provided for in this 
Article shall be accepted if any lapse proceedings are 
pending in respect of the same file. 
(Documents Attached to Other Files) 
Art. 27.-(1) With the exception of powers of attor­
ney, which shall be attached to all files even if the appli~ 
cant has the same legal representative, documents 
relating to applications may be attached to one of the files 
and referred to in the others.' 
(2) In the event of an appeal the appellant shall 
complete at his own expense the files in which such 
documents are mentioned. by means of certifie~ 
copies. 
(3) Failure to fulfill the requirements of the previous 
paragraphs shall be mentioned in the notice submitting 
the file to court, the time limit of which shall not be ex­
tended for this reason. 
(Publication of Acts) 
Art. 28.-( I) Acts to be published in accordance with 
this statute shall be communicated to the parties and to 
the public through publication in the Industrial Property 
Bulletin. 
(2) If the interested party is notified in writing, the 
time limit shall be stipulated therein and computed from 
the date thereof. 
(3) Without prejudice to the rule stipulated in this Ar­
ticle, the parties or their legal representatives may obtain 
directly from the National Institute of Industrial Proper-INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
ty. before publication of the Bulletin. a certified copy of 
the decision given in respect of their applications. 
(4) If a certified copy is requested by the losing party, 
the time limit for appeal shall be computed from the date 
in which the certified copy is provided and the other par­
ty. if any, shall be notified thereof on the same date. 
(5) Any person may also request a certified copy of 
registrations effected and documents and files that are in 
the records. as well as photocopies or ordinary copies of 
drawings, photographs. plants and models filed with ap­
plications for patents for invention. utility models and 
industrial model or design and trademark and name and 
emblem of establishment registrations, once the respec­
tive files have been made available to the public and pro­
vided that third party rights are not prejudiced. 
(6) In all files, being made available to the public 
shall be meant that the application is published in the 
Industrial Property Bulletin. 
(7) Without prejudice to the provisions of the previ­
ous paragraphs, the National Institute of Industrial Prop­
erty may provide information concerning trademark and 
name and emblem of establishment applications before 
they are made available to the public. through publication 
in the Bulletin. 
(Assignment) Chapter III 
Assignment and Licenses 
Art. 29.-(1) The rights derived from patents. utility 
models, industrial model and design registrations and 
trademark registrations may be assigned with or without 
a consideration. as a whole or in part, for the full life 
thereof or for a shorter period. to be used in any part of 
the Portuguese territory or in some given localities. 
(2) The provisions of the preceding paragraph shall 
apply to the rights derived from patent and utility model 
applications and applications for the registration of in­
dustrial models and designs and trademarks. 
(3) Assignment by inter vivos shall be proven by 
means of a wrinen document. 
(4) The rights derived from name. emblem. logo and 
award applications or registrations may only be assigned. 
with or without a consideration. together with the estab­
lishment or part of the establishment to which they are 
associated. 
(5) Without prejudice to the provisions of the follow­
ing paragraph and unless expressly declared otherwise. 
assignment of the establishment shall include the respec­
tive name, emblem, logo or award. 
(6) If the name, emblem or logo includes the personal 
name. trade name or company name of the owner of the IP/N/IIPRT/I/l 
Page 13 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
establishment or persons he represents. an express clause 
shall be necessary for the assignment thereof. 
(Contractual Licensing) 
Art. 30.-( I) The rights mentioned in paragraph (I) of 
the preceding Article may also be the subject of a license 
to work the right as a whole or in part. for the whole of 
Portuguese territory or a certain area. for the full life of 
the right or a shorter period. 
(2) The provisions of the preceding paragraph shall 
apply while an application is pending. but refusal of the 
application shall imply the lapse of the license. 
(3) The license contract shall be drawn up in written 
form. 
(4) Unless otherwise stipulated. the licensee shall en­
joy all the rights conferred upon the licensor for all legal 
effects, with the exception of the provisions of the fol­
lowing paragraphs. 
(5) The right conferred by a license cannot be alien­
ated without the written consent of the licensor. 
(6) The grant of a license shall not prevent the licen­
sor from retaining the right to directly work the licensed 
right. 
(7) The license shall be presumed to be non­
exclusive. 
(8) An exclusive license shall mean that the propri­
etor of the patent renounces the right to grant other li­
censes for the rights that are the subject of the license 
while such license is in force. 
(Registering the Rights) 
Art. 31.-(1) In the cases provided for in Article 29, 
paragraphs (I). (2) and (4) and paragraphs (1) and (2) of 
the preceding Article. the assignment or license shall 
only take effect in respect of third parties after it has 
been recorded at the ~ational Institute of Industrial 
Property. 
(2) That record shall be endorsed on the certificate 
upon request of any of the interested parties, and docu­
ments attesting to the assignment or license must be pro­
vided. 
(3) If the record of the assignment is requested by the 
assignor. the assignee shall also sign the document giving 
proof thereof or shall expressly declare that he accepts 
the assignment. 
(4) After the record has been effected. the certificate 
shall be returned to the party that requested it and the re­
quest and the documents shall be attached to the respec­
tive file. 
(5) Notice of that record shall be published in the In­
dustrial Property Bulletin. IP/N/lIPRTII/l 
Page 14 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
Chapter IV 
Termination of Industrial Property Rights 
(Revocation) 
Art. 32.-(1) Industrial property rights shall be ren­
dered totally or partially null and void in the following 
cases: 
(a) if the subject matter cannot be protected: 
(h) if any formalities were not fulfilled in the grant of 
the right in such a way as to call into question the final 
result of the procedure. 
(2) The revocation of the right may be declared while 
there is an interest in such declaration. 
(Annulment) 
Art. 33.-(1) Industrial property certificates may be 
totally or partially annulled if the proprietor has no right 
thereto, namely: 
(a) if the right does not belong to the proprietor: 
(b) if the grant of the right infringes third party rights 
based on priority or other legal title. 
(2) The interested party may request the total or par­
tial reversal of the right in its favor instead of the annul­
ment thereof, provided that all legal requirements are 
met. 
(Procedure for the Declaration of Revocation and Annul­
ment) 
Art. 34.-( I) The declaration of revocation or annul­
ment may only be determined by a judicial decision. 
(2) Action shall be taken by the Portuguese Public 
Prosecutor or any interested party against the registered 
proprietor of the right and shall be communicated to all 
the holders of registered rights derived therefrom. who 
may intervene in the proceedings. 
(3) The judicial decision shaIl be recorded or noted at 
the National Institute of Industrial Property and pub­
lished in the Industrial Property Bulletin. 
(Effects of the Declaration of Revocation) 
Art. 35. The retroactivity of the declaration of revoca­
tion shall not prejudice effects arising from the fulfiIl­
ment of commitments. judicial decisions res judicata or 
settlements. even if they have not yet been validated. or 
as a result of other similar acts. 
(Lapse) 
Art. 36.-(1) Industrial property rights shall lapse: 
(a) on expiry of the period of validity; 
(b) in default of payment of fees. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(2) Lapse actions shall be filed at the National Insti­
tute of Industrial Property and the respective proceedings 
shall be suspended if the action is withdrawn. 
(3) Lapse shaIl be recorded and a notice thereof shall 
be published in the Industrial Property Bulletin. 
(4) Lapse shall only take effect after it has been 
declared in proceedings held at the National Institute of 
Industrial Property. 
(5) The proprietor of the registration shall be notified 
of the lapse action in order that he may file his reply, if so 
desired. within two months. 
(6) After this period has expired. the National Insti­
tute of Industrial Property shaIl give a decision on the 
declaration of the lapse of the registration within the 
same time limit. 
(7) If the action is withdrawn before a decision is 
given. the lapse proceedings shall be suspended. 
(Renunc iation) 
Art. 37.-( I) The proprietor may renounce his indus­
trial property rights by means of an express declaration 
supplied to the National Institute of Industrial Property. 
(2) Renunciation may be partial if the nature of the 
right so permits. 
(3) The declaration of renunciation shall be made by 
means of a request to be attached to the respective file. 
(4) If the request for renunciation is not signed by the 
interested party. the respective legal representative shall 
file a power of attorney with special powers. 
(5) Renunciation shall not prejudice duly registered 
third party rights. provided that the respective propri­
etors. after due notification. substitute the proprietor of 
the main right for the purpose of retaining the certifi­
cates. insofar as is necessary for the safeguard of such 
rights. 
(6) Renunciation shall be recorded and a notice there­
of published in the Industrial Property Bulletin. 
Chapter V 
Appeal 
Section I 
Judicial Appeal 
(Persons Entitled to Appeal) 
Art. 38. Parties entitled to appeal against decisions of 
the National Institute of Industrial Property shall be the 
applicant. opponents and any other person who may be 
directly prejudiced by the decision. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Time Limit of Appeal) 
Art. 39. The appeal shall be filed within three months 
after the date of the publication of the decision in the In­
dustrial Property Bulletin or the obtention of the certified 
copy of this decision if this date is prior. 
(Reply; Submission of the File) 
Art. 40.-( 1) After the action has been filed in court. 
a copy of the petition and a certified copy of the con­
tents of any documents of major interest shall be sub­
mitted to the National Institute of Industrial Property, so 
that the body which gave the decision appealed against 
may reply thereto and submit or order to be submitted 
the file, in respect of which the decision was given. to 
the court. 
(2) If it is found that the file contains sufficient infor­
mation for clarification of the court, it shall be submitted 
within 10 days, together with notice of submission. 
(3) If this is not the case. the notice of submission 
shall contain a reply to the appeal and shall be submitted 
with the file within a period of 20 days. 
(Consultation of the File by the Opposing Party) 
Art. 41.-(1) Once the file is received by the court. it 
shall be made available for 20 days to the opposing party, 
if any. 
(2) The National Institute of Industrial Property shall 
never be considered as an opposing party. 
(3) Notification of the opposing party shall be made 
to the office of the party's appointed lawyer or, in the 
absence thereof, to the office of the duly identified offi­
cial industrial property agent who has represented the 
party during the administrative proceedings, although the 
agent may only intervene in the proceedings through an 
appointed lawyer. 
(-+) On the expiry of the consultation period. the pro­
ceedings shall be concluded and the final decision given 
within 15 days, except in the case of a justifiable impedi­
ment. 
(Request for Technical Experts) 
Art. 42. If the appeal contains a technical problem re­
quiring further information or if the judge considers it 
appropriate, he may at any time request the attendance, 
on a day and at a time that he designates, of any technical 
expert or experts on whose opinion the decision appealed 
against was based. in order to provide orally any clarifi­
cations necessary. 
(Appeal Against a Judicial Decision) 
Art. 43. It is possible to appeal against a judicial deci­
sion given in accordance with the general terms of the 
law. IP/N/1/PRT 1111 
Page 15 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(Publication of the Final Decision) 
Art. 44. Once the final decision has become res judi­
cata. the secretary's office of the court shall send a copy 
to the National Institute of Industrial Property for publi­
cation of the respective text and corresponding notice in 
the Industrial Property Bulletin and record thereof. 
Section 11 
Guarantees 
(Preliminary Injunction System) 
Art. 45.-(1) Preliminary injunctions may be brought 
in any action taken in respect of an industrial property 
right. 
(2) The provisions of civil procedure shall apply to 
this injunction system, but there shall always be a hearing 
of the opposing party unless, exceptionally, this could 
jeopardize the result of the actual injunction. 
Section lIf 
Ministerial Appeal 
(Ministerial Appeal) 
Art. 46.-( I) Decisions given by the President of the 
National Institute of Industrial Property which cannot be 
referred to appeal under Article 38 may be appealed 
against to the competent Minister. 
(2) The terms of this Article shall not prevent other 
matters from being submitted for ministerial assessment 
and decision, should any doubts or difficulties arise 
which require recourse to ministerial authority, or if the 
Minister requests that any matter be brought before him. 
PART Il 
INDUSTRIAL PROPERTY LEGAL SYSTEMS 
Chapter I 
In\'entions 
Section f 
General provisions 
(Subject Matter of the Patent) 
Art. 47.-( 1) New inventions involving an inventive 
step shall be patentable if they are susceptible of industri­
al application. 
(2) New processes for obtaining products. substances 
or compositions that are already known shall also be 
patentable. IP/N/lIPRT 11/1 
Page 16 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 . 
(Limitations Regarding Subject Matter) 
Art. 48.-( 1) The following shall be excepted from the 
preceding Article: 
(a) discoveries. as well as scientific theories and 
mathematical methods; 
(b) materials or substances already existing naturally 
and nuclear materials; 
(c) aesthetic creations: 
(d) schemes. rules and methods for performing men­
tal acts, playing games or doing business, and programs 
for computers, as such: 
(e) presentations of information. 
(2) Methods for treatment of the human or animal 
body by surgery or therapy and diagnostic methods prac­
ticed on the human or animal body shall not be patent­
able, although the products, substances or compositions 
used in any of these methods shall be patentable. 
(3) The provisions of paragraph (l) shall only ex­
clude patentability when the subject matter to be patented 
is limited to the elements mentioned therein. 
(Limitations Regarding the Patent) 
Art. 49.-(1) The following are not patentable: 
(a) inventions the publication or exploitation of 
which would be against the law or contrary to public or­
der, public health or morality; 
(b) plant varieties and breeds of animal, as well as es­
sentially biological processes for the production of plants 
and animals, although microbiological processes and the 
products obtained by such processes are patentable. 
(2) A substance or composition included in the state 
of the art which is used in the working of one of the 
methods mentioned in Article 47, paragraph (2) can be 
patented, provided that its use for any of the methods 
mentioned therein is not included in the state of the art. 
(Requirements for Grant) 
Art. 50.-( 1) An invention shall be considered to be 
new if it is not included in the state of the art. 
(2) An invention shall be considered as involving an 
inventive step if. having regard to the state of the art. it is 
not obvious to a person skilled in the art. 
(3) An invention shall be considered as susceptible of 
industrial application if it can be made or used in any 
kind of industry, including agriculture. 
(State of the Art) 
Art. 51.-(1) The state of the art shall be held to com­
prise everything which, in Portugal or elsewhere. is avail­
able to the public before the date of the patent application 
by means of a description. by use or by any other means, 
in such a way as to be understood and worked by those 
skilled in the art. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(2) The contents of patent and utility model applica­
tions filed in Portugal before the date mentioned in this 
Article but not yet published shall also be considered as 
included in the state of the art. 
(Non-Opposable Disclosures) 
Art. 52.-( 1) The following shall not prejudice the 
novelty of the invention: 
(a) communications made before scientific societies 
or professional technical associations or for the purpose 
of Portuguese or international competitions. exhibitions 
or fairs which are official or officially recognized in any 
country of the Union. if the application for the respective 
patent is filed in Portugal within 12 months; 
(h) disclosures resulting from evident abuse regard­
ing the inventor or his successor in any title, or from pub­
lications unduly made by the National Institute of 
Industrial Property. 
(2) The provisions of subparagraph (a) of the preced­
ing paragraph shall only apply if the applicant declares, 
when filing the application. that the invention was actual­
ly disclosed in accordance with the terms stipulated 
therein. 
(3) The applicant shall present proof of his declara­
tion up to four months after the date of the application. 
(Right to the Patent) 
Art. 53.-( 1) The right to the patent shall belong to the 
inventor or his successors in any title. 
(2) If the inventors are two or more in number, the 
right to file the patent application shall belong to the 
group as a whole. 
(Employees'Rights) 
Art. 54.-( 1) The right to the patent for an invention' 
carried out during the performance of a work contract 
that provides for the inventive step and the special remu­
neration thereof shall belong to the employer company. 
(2) If the special remuneration of the inventive step is 
not provided for. the inventor shall be entitled to remu­
neration according to the value of the invention. 
(3) In the absence of the conditions stipulated in the 
preceding paragraph, if the invention falls within the 
scope of activity of the company: 
(a) the company shall be entitled to assume the prop­
erty of the invention or to reserve the right to the exclu­
sive or non-exclusive working of the invention, the 
acquisition of the patent thereof and the right to apply for 
or acquire a foreign patent; 
(b) the inventor shall be entitled to equitable remu­
neration, after deduction of the amount corresponding to 
any assistance supplied by the company in order to carry 
out the invention. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1990 
(4) The inventor shall inform the company about 
the inventions he has carried out within three months 
from the date the invention is considered as accom­
plished. 
(5) Failure to meet the obligation mentioned in the 
preceding paragraph on the part of the inventor shall lead 
to the loss of his rights in this respecl. 
(6) The company may exercise its rights within three 
months after receipt of the notification given by the in­
ventor. 
(7) Acquisition of the rights of the company men­
tioned in the previous paragraphs shall be rendered null 
and void if remuneration is not paid in full within the 
stipulated time limit. 
(8) If, in the event of paragraphs (2) and (3). the par­
ties do not come to an agreement, the matter shall be re­
solved. in accordance with Decree-Law No. 31/86. of 
August 29, 1986, by a court of arbitration comprising an 
arbitrator appointed by the company, another by the in­
ventor and a third by agreement. or, in default thereof. by 
the presiding judge of the court of appeal of the judicial 
district in which the employee normally carries out his 
duties. 
(9) Inventions, the patents of which have been ap­
plied for within one year after the date on which the in­
ventor leaves the company, shall be considered as having 
been carried out during the performance of the work con­
tract. 
( 10) The preceding provisions shall apply to the State 
and administrative bodies regarding their civil servants 
and employees whose activity is carried out by law, regu­
lations or contract. 
( 11) The rights conferred on the employee under this 
Article cannot be renounced in advance. 
(lnventor's Right) 
Art. 55.-( I) If the patent is not applied for in the 
name of the inventor. he shall have the right to be men­
tioned as such in the patent application and certificate. 
(2) The inventor does not have to be mentioned as 
such in publications resulting from the application. un­
less he so requests at the National Institute of Industrial 
Property by means of a duly signed declaration. 
(Priority Right) 
Art. 56.-( I) A person who has duly filed in any of the 
countries of the Union an application for a patent. utility 
model, utility certificate or inventor's certificate, or his 
successor, shall enjoy, for the purpose of filing a patent 
application in Portugal, the right of priority established 
in the Paris Convention for the Protection of Industrial 
Property. IP/NlllPRTlI/l 
Page 17 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(2) Any application that is a regular national applica­
tion. drawn up in accordance with the national law of 
each country of the Union or under bilateral or multilater­
al treaties between member Stales. shall also enjoy the 
right of priority. 
(3) Bya regular national appl ication is meant any ap­
plication filed in such a .,..'ay as to establish the date on 
which it was filed in the country in question, irrespective 
of anything that may subsequently affect it in any way. 
(4) Thus. an application subsequently filed in Portu­
gal before the end of the period of priority shall not be 
deemed null by events occurring during the same period. 
namely by other applications or the publication or work­
ing of the invention. 
(5) A later application with the same subject matter as 
an earlier first application shall be considered as the first 
application and the date on which it was filed shall indi­
cate the beginning of the period of priority, provided that. 
on the date of the filing of the later application, the earlier 
application has been withdrawn. abandoned or refused, 
without having been open to public examination and 
without leaving any rights outstanding. and provided also 
that it has not served as a basis for claiming a right of 
priority. 
(6) In the event of the preceding paragraph, the earli­
er application may never again serve as the basis for 
claiming the right of priority. 
(7) Any person who wishes to exercise the right of 
priority of an earlier application shall make a declaration 
indicating the date and country of such application. This 
declaration shall be filed with the application or at any 
time up to a period of three months after the end of the 
period of priority. 
(8) In the case of an application claiming several pri­
orities, the period of priority shall be computed from the 
date of the earliest priority. 
(9) A priority or a patent application may not be re­
fused on the grounds of the applicant's claiming multiple 
priorities. even if they are in respect of different coun­
tries, or on the grounds that an application claiming one 
or more priorities contains one or more elements that 
were not included in the application(s) the priority of 
which is being claimed. provided that in both cases there 
is unity of invention. 
(10) If the examination reveals that a patent applica­
tion contains more than one invention, the applicant may, 
of his own motion or in fulfillment of notification, divide 
the application into divisional applications, which shall 
retain the date of the original application and, if relevant, 
the benefit of the right of priority. 
(11) The applicant may also divide the patent appli­
cation on his own motion, retaining as the date of each 
divisional application the date of the original application 
and, if relevant. the benefit of the right of priority. IP/NI1 IPRT/I/l 
Page 18 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH /996 
(12) The priority may not be refused on the grounds 
that certain elements of the invention for which the prior­
ity is claimed do not appear among the claims made in the 
application filed in the country of origin. provided that 
the application as a whole accurately indicates such ele­
ments. 
Section 11 
Patent Procedure 
Subsection I 
National Route 
(Form of Application) 
Art. 57.-( I) Patent applications shall be made by 
a request, drawn up in Portuguese on the appropriate 
printed form, indicating: 
(a) the applicant's name. trade name or company 
name, nationality and residence or place of business; 
(b) a heading or title resuming the subject matter of 
the invention; 
(c) the name and country of residence of the inventor; 
(d) if the applicant wishes to claim the right of prior­
ity. the country, date and number of the original applica­
tion. 
(2) The application shall be signed by the applicant or 
his legal representative, in which case it is compulsory to 
file a power of attorney. 
(3) Fancy expressions used to designate the invention 
cannot be claimed but may be registered as a trademark. 
(Documents to be Filed) 
Art. 58. The following documents, in duplicate, shall 
be attached to the application and shall meet the require­
ments stipulated by a decision of the Minister responsible 
for the area of industry: 
(a) claims for what is considered as being new and 
which characterizes the invention; 
(b) a specification of the subject matter of the inven­
tion; 
(c) drawings necessary to perfectly understand the 
specification; 
(d) abstract of the invention. 
(Biotechnological Inventions) 
Art. 59.-( 1) If the application mentions a biologically 
reproducible material which may not be described in such 
a way as to enable those skilled in the art to carry out the 
invention, and if this material is not available to the pub­
lic. the application shall be completed by depositing this 
material with an authorized institution. in accordance 
with the international conventions in force in Portugal. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(2) The material shall be deposited no later than the 
date of the patent application in Portugal or. if a priority 
is claimed. no later than the date of this priority. 
(3) All the available characteristics of the microor­
ganism required for it to be correctly identified shall be 
indicated. including the name and address of the deposi­
tary institution and the date and number of the deposit of 
the culture at the institution. 
(4) These characteristics shall be submitted to the Na­
tional Institute of Industrial Property within 16 months 
after the date of the application filed in Portugal or, if a 
priority is claimed. after the priority date. 
(5) Access to the microorganism culture may only be 
given at the institution mentioned, as from the date of 
publication of the application. 
(Time Limit for Submission of the Specification and 
Drawings) 
Art. 60. The specification of the invention and draw­
ings may be furnished to the National Institute of Indus­
trial Property within three months after the date of the 
application filed in Portugal. 
(Cnity of the Invention) 
Art. 61.-( I) Applications may only be filed for a sin­
gle patent and each patent shall relate to a single inven­
tion. 
(2) A group of inventions so linked as to form a sin­
gle general inventive concept shall be considered as a 
single invention. 
(publication of the Application and Rights Conferred) 
Art. 62.-(1) Notice of the filing of the application 
shall be published in the Industrial Property Bulletin. 
with a copy of the abstract. 
(2) Notice shall not be pu bl ished before the end of the 
eighteenth month after the date on which the application 
was filed at the National Institute of Industrial Property. 
or after the date of the priority claimed. 
(3) Publication may only be brought forward at the 
express request of the applicant. 
(4) After publication. any person may request a copy 
of the corresponding claims, specification and drawings. 
(5) Without prejudice to the provisions of the previ­
ous Articles. any claims or expressions that infringe the 
tenns of Article 57, paragraph (3) shall be officially elim­
inated from the certificate for the patent as well as publi­
cations arising from the application. 
(6) The patent application shall provisionally confer 
on the applicant, from the date of publication mentioned 
in the previous paragraphs, the protection that would be 
conferred by the grant of the right. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199f> 
(7) The provisional protection mentioned in the pre­
ceding paragraph shall also apply. before the date of pub­
lication. to any person who is notified of the filing of the 
application. 
on Judicial decisions concerning action taken based 
on provisional protection may not be given before the 
final grant or refusal of the patent. 
(Examination Report) 
Art. 63.-(1) When the specification and drawings are 
filed at the National Institute of Industrial Property. the 
Institute shall proceed with the examination of the corre­
sponding patent application and the respective interna­
tional classification. in accordance with the terms of the 
Strasbourg Agreement. 
(2) Following this examination a report containing 
the examiner's opinion shall be drawn up within six 
months after the publication of the application. 
(Publication of the Notice of Acceptance of Grant or 
Refusal) 
Art. 64.-( I) If the examination concludes that the 
patent can be granted. the examiner shall propose the 
publication of the respective notice in the Industrial 
Property Bulletin. 
(2) If the examination concludes that the application 
cannot be granted, the examination report shall be sent to 
the applicant, with notification to reply to the observa­
tions made within a period of two months. 
(3) If the examiner decides from the applicant's reply 
that the patent can be granted. he shall propose the publi­
cation of the respective notice in the Industrial Property 
Bulletin. 
(-1-) If the applicant does not reply to the notification 
the examiner shall propose the refusal of the patent. 
(5) If the reply is considered insufficient. the examin­
er shall propose a decision in accordance with the exami­
nation report. 
(6) If the patent is refused. the respective notice shall 
be published in the Industrial Property Bulletin. 
(Partial Grant) 
Art. 65.-( I) If the examiner only requires the limita­
tion of the scope of the invention, the elimination of cer­
tain claims, drawings or phrases of the abstract or 
specification or the amendment of the title or heading of 
the invention, in accordance with the notification, and if 
the applicant does not voluntarily proceed with these 
modifications, the examiner may effect them and there­
fore propose the grant of the respective patent. 
(2) If the examiner proposes the grant of the patent, 
the respective notices to be published in the Industrial IP/N/lIPRT/I/1 
Page 19 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Property Bulletin shall indicate possible amendments to 
the heading, claims. specification or abstract. 
(3) Partial grant shall be such that the refused part of 
the patent does not exceed the scope of the observations 
made in the examination report. 
(Opposition) 
Art. 66.-( I) The notices stating that the patent can be 
granted shall be published in the Industrial Property Bul­
letin so that those who consider themselves prejudiced 
may file oppositions. 
(2) Oppositions shall be filled within three months af­
ter the date of publication of the Bulletin containing the 
notice. 
(Publication) 
Art. 67.-(1) If no oppositions are filed, notice of the 
grant of the patent shall be published. 
(2) If any oppositions are filed, the applicant shall be 
notified to reply in accordance with the provisions of 
Article 17. 
(3) After the opposition proceedings have ended, the 
application shall be reexamined and submitted for deci­
sion, which shall be published in the Industrial Property 
Bulletin. 
(Publication of the Complete Patent Specification) 
Art. 68. The complete patent specification may be 
published provided that the time limits stipulated in 
Article 17 have expired. 
(Grounds for Refusal) 
Art. 69.-( I) The patent shall be refused: 
(a) if its subject matter is included under Article 48 
or 49: 
( b) if the heading or title of the invention fraudulently 
covers different subject matter, or if there are any differ­
ences between the specification and drawings and the 
respective duplicates: 
(e) if the invention is not described adequately 
enough to be worked by any person skilled in the 
art; 
(d) if, by virtue of its specification and claims, 
it is considered to be a utility model or an industrial 
model; 
(e) if it is found that the provisions of Article 54 have 
been infringed. 
(2) In the case provided for in subparagraph (e) of the 
preceding paragraph, instead of the patent being refused, 
its total or partial assignment to the interested party may 
be granted, if he so requests. IP/N/1/PRT/I/l 
Page 20 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Notification of Grant to the Applicant) 
Art . .70. The applicant shall be notified of the grant of 
the patent, indicating the Bulletin in which notice thereof 
is to be published. 
(Scope) Subsection II 
European Route 
Art. 71.-(1) The following provisions shall apply to 
European patent applications and European patents tak­
ing effect in Portugal. 
(2) The provisions of the present Code shall be appli­
cable insofar as they do not violate the terms of the Euro­
pean Patent Convention of October 5, 1973. 
(Filing of European Patent Applications) 
Art. 72.-( 1) European patent applications shall be 
filed at the National Institute of Industrial Property or at 
the European Patent Office. 
(2) If the residence or head office of an applicant of a 
European patent is located in Portugal, the filing of the 
application at the National Institute oflndustrial Property 
shall be compulsory, unless the European patent applica­
tion claims the priority of an earlier application filed in 
Portugal for the same invention and if this invention is 
not considered as secret by the competent authorities. 
(3) The terms of Decree-Law No. 42 201 of April 2, 
1959, shall apply to the patent applications mentioned in 
the preceding paragraph. 
(Languages in Which European Patent Applications May 
Be Drawn Up) 
Art. 73.-( I) European patent applications filed in 
Portugal may be drawn up in any of the languages stipu­
lated in Article 14, paragraphs I and 2 of the Munich 
Convention. 
(2) If the European patent application is not filed in 
Portuguese, it shall be accompanied by a Portuguese 
translation of the specification, claims and abstract and a 
copy of the drawings included in the application, even if 
they do not contain wording to be translated, unless the 
European patent application claims the priority of an ear­
lier patent filed in Portugal for the same invention. 
(Rights Conferred by Published European Patent Appli­
cations) 
Art. 74.-(1) European patent applications, as from 
publication in accordance with Article 93 of the Munich 
Convention. shall enjoy in Portugal provisional protec­
tion equivalent to that which is conferred on the publica­
tion of Portuguese national patent applications, as from 
the date on which a Portuguese translation of the claims INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
is made accessible to the public at the National Institute 
of Industrial Property, together with a copy of the draw­
ings. 
(2) The National Institute of Industrial Property shall 
publish in the Industrial Property Bulletin notice of the 
indications necessary for identification of the European 
patent application. 
(3) As from the date of publication of the notice, any 
person may have access to the text of the translation and 
obtain reproductions thereof. 
(Translation of the Complete Specification of the Euro­
pean Patent) 
Art. 75. Whenever a patent is granted by the 
European Patent Office, the respective proprietor shall 
file at the National Institute of Industrial Property a 
Portuguese translation of the complete specification 
of the patent and, if applicable, the complete specifi­
cation of the patent as modified during the opposition 
stage, under penalty of the patent not taking effect in 
Portugal. 
(Time Limit to File the Translation of the Complete Spec­
ification of the European Patent) 
Art. 76.-( 1) The Portuguese translation of the com­
plete specification of the European patent shall be filed at 
the National Institute of Industrial Property within three 
months after the date of publication in the European 
Patent Bulletin of the mention of the grant of the patent 
or. if applicable, the date of the mention of the decision 
concerning oppositions. 
(2) Any fees due shall be paid during the time limit 
specified in the preceding paragraph. 
(3) The translation of the complete specification of 
the European patent shall be accompanied by a copy of 
the drawings contained therein, even if they do not in: 
elude expressions to be translated. 
(Effecting of Translations) 
Art. 77. If the residence or head office of the appli­
cant or proprietor of the European patent is not located in 
Portugal, translations of the texts shall be effected under 
the responsibility of an official industrial property agent 
or a legal representative entitled to act before the Nation­
al Institute of Industrial Property. 
(Publication of the Notice Concerning the Translation) 
Art. 78.-( 1) The National Institute of Industrial Prop­
erty shall proceed with the publication in the Industrial 
Property Bulletin of notice concerning the submission of 
the translation indicated in Article 75, containing the in­
dications necessary for identification of the European 
patent. I:VDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199" 
(2) Notice shall only be published after the corre­
sponding fee has been paid. 
(Record on Patent Registers) 
Art. 79.-( I) When the mention of the grant of a Euro­
pean patent has been published in the European Patent 
Bulletin. the National Institute of Industrial Property 
shall proceed with the record thereof on its patent register 
with the details mentioned on the European patent regis­
ter. 
(2) The date on which the translation mentioned in 
Article 75 is received shall also be recorded on the patent 
register at the National Institute of Industrial Property; if 
this translation is not submitted. the details mentioned on 
the European patent register concerning opposition pro­
ceedings shall be recorded. as well as the details speci­
fied for Portuguese patents. 
(3) Record on the European patent register of acts as­
signing or modifying rights concerning a European 
patent application or a European patent shall make these 
acts opposable to third parties. 
(Authentic Text of a European Patent) 
Art. 80. If a Portuguese translation is filed in accor­
dance within the terms of the previous Articles, it shall be 
considered as the authentic text if the protection con­
ferred by the European patent application or the Europe­
an patent, in the translated text, is narrower than the 
protection conferred by such application or patent in the 
language used in the proceedings. 
(Revision of the Translation) 
Art. 81.-(1) The applicant or proprietor of the Euro­
pean patent application may at any time revise the trans­
lation. which shall only take effect if it is made accessible 
to the public at the N"ational Institute of Industrial Prop­
erty and the respective fee is paid. 
(2) Any person who. in good faith. has started to 
work an invention or who has made serious and effective 
preparations to this end. may continue to work the inven­
tion in the course of his business or for the needs thereof, 
without payment and with no obligation to pay compen­
sation. provided that the working of the invention does 
not infringe the application or patent, in accordance with 
the text of the original translation. 
(Conversion of a European Patent Application Into a 
Portuguese National Patent Application) 
Art. 82.-( I) A European patent application may be 
converted into a Portuguese national patent application in 
the cases stipulated in Article 135, paragraph 1, subpara­
graph (a) of the European Patent Convention. 
(2) A European patent application may also be con­
verted into a Portuguese national patent application in the IP/NIlIPRTII/1 
Page 21 
INDUSTRIAL PROPERTY 
LA WS AND TREA TJ ES 
case provided for in Article 90, paragraph 3 of the Euro­
pean Patent Convention. whenever Article 14, para­
graph 2 of the Convention is applicable. 
(3) A European patent application shall be considered 
as being a Portuguese national patent application as from 
the date on which the request for conversion is received 
by the National Institute of Industrial Property. 
(4) The patent application shall be refused if. within 
two months after the receipt of the request for conver­
sion. the applicant has not paid the fees due at the time of 
the filing of a Portuguese national patent application or, 
if applicable, the applicant has not filed a Portuguese 
translation of the original text of the European patent ap­
plication. 
(5) If the residence or head office of the applicant is 
not located in Portugal. he shall appoint an official indus­
trial property agent in Portugal and communicate his 
name and address to the National Institute of Industrial 
Property. 
(Conversion of a European Patent Application Into a 
Portuguese Utility \-fodel Application) 
Art. 83.-( I) A European patent application shall be 
converted into a Portuguese utility model application in 
the cases specified in the preceding Article. 
(2) A European patent application which has been 
refused by the European Patent Office or which has 
been withdrawn or deemed to have been withdr"awn, 
may be converted into a Portuguese utility model appli­
cation. 
(3) The provisions of the preceding Article shall ap­
ply to the request for the conversion of a European patent 
application into utility model application. 
(Dual Protection Prohibition) 
Art. 84.-( 1) A Portuguese patent the subject matter of 
which is an invention already protected by a European 
patent granted to the same inventor, or with his consent, 
with the same date of filing or priority, shall cease to 
have effect as from: 
(a) the date on which the time limit for filing opposi­
tions against the European patent expires, if no opposi­
tions have been filed: 
(b) the termination of opposition proceedings and the 
European patent is maintained. 
(2) If the Portuguese patent is granted after either of 
the dates indicated in subparagraphs (a) and (b) of the 
preceding paragraph, it shall not take effect. 
(3) The subsequent termination or annulment of the 
European patent shall not affect the provisions of the pre­
vious paragraphs. IP IN/lIPRT 1111 
Page 22 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Annual Fees) 
Art. 85. For all European patents taking effect in Por­
tugal, the annual fees applicable to Portuguese national 
patents shall be paid at the National Institute of Industrial 
Property within the time limits stipulated in the present 
Code. 
Subsection III 
Patent Cooperation Treaty Route 
(Definition and Scope) 
Art. 86.-( 1) An international application shall be 
deemed to be an application filed in accordance with the 
terms of the Patent Cooperation Treaty concluded in 
Washington on June 19. 1970. 
(2) The terms of the Patent Cooperation Treaty and 
the complementary provisions contained in the following 
Articles shall apply to all international applications for 
which the National Institute of Industrial Property acts as 
receiving Office or designated or elected Office. 
(3) The provisions of the present Code shall be appli­
cable insofar as they do not violate the terms of the Patent 
Cooperation Treaty. 
(Filing of International Applications) 
Art. 87.-( I) International applications formulated by 
individuals or corporate bodies with residence or head 
office in Portugal shall be filed at the National Institute 
of Industrial Property if no priority of an earlier patent 
application filed in Portugal is claimed. 
(2) Under the circumstances specified in the preced­
ing paragraph, the National Institute of Industrial Proper­
ty shall act as receiving Office, in accordance with 
Articles 2(xv) and 10 of the Patent Cooperation Treaty. 
(3) Any international application filed at the National 
Institute of Industrial Property. acting as receiving Of­
fice, shall be subject to payment of a transmittal fee 
equivalent to 50% of the fee for a Portuguese national 
application, as well as the fees stipulated in the Patent 
Cooperation Treaty. 
(4) Payment of the transmittal fee shall be effected 
within one month after the date on which the interna­
tional application is received. 
(5) International applications filed at the National In­
stitute of Industrial Property, acting as receiving Office, 
may be drawn up in French. English or German. 
(6) International applications shall be accompanied 
by a Portuguese translation of the specification, claims 
and abstract and a copy of the drawings included in them 
even if they do not contain wording to be translated, un­
less the international application claims the priority of an 
earlier patent filed in Portugal for the same invention. (Designated or Elected Office) INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Art. 88. The National Institute of Industrial Property 
shall act as designated and elected Office. in accordance 
with Article 2 of the Patent Cooperation Treaty. in the 
case of international applications intended to protect an 
invention in Portugal, whenever these applications do 
not have the same effects as a European patent appli­
cation. 
(Effects of International Applications) 
Art. 89. International applications for which the Na­
tional Institute of Industrial Property acts as designated 
and elected Office, in accordance with the terms of the 
preceding Article, shall have the same effects in Portugal 
as a Portuguese patent application filed on the date of the 
international application. 
(Time Limit to File the Translation of the International 
Application) 
Art. 90.-(1) If an applicant wishes an international 
application to be prosecuted in Portugal, he shall file a 
Portuguese translation of the international application at 
the National Institute of Industrial Property within the 
time limit established in Article 22 and Article 39. 
paragraph (1) of the Patent Cooperation Treaty, ac­
cording to the case, and within the same time limit shall 
pay the fee corresponding to a Portuguese national 
application. 
(2) The applicant shall pay within this time limit the 
annual fee due for the third annuity if this fee is due 
earlier. 
(3) If the applicant does not fulfill the requirements 
of paragraph (1) within the time limit indicated therein. 
he may still do so not later than two months after the ex­
piration of that time limit by paying an additional fee of 
50% of the fee for a Portuguese national patent applica­
tion. whether there are one or two acts outstanding. 
(Rights Conferred by Published International Applica­
tions) 
Art. 91.-(1) International patent applications, as from 
publication in accordance with Article 21 of the Patent 
Cooperation Treaty, shall enjoy in Portugal provisional 
protection equivalent to that which is conferred by the 
publication of Portuguese national patent applications, as 
from the date on which a Portuguese translation of the 
claims is made accessible to the public at the National 
Institute of Industrial Property, together with a copy of 
the drawings even if they do not contain any wording to 
be translated. 
(2) The National Institute of Industrial Property shall 
publish notice of the indications necessary for identifica­
tion of the international patent application in the Industri­
al Property Bulletin. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1990 
n) As from the date of publication of the notice, any 
person may have access to the text of the translation and 
obtain reproductions thereof. 
(International Applications Containing Independent 
Inventions) 
Art. 92.-( 1) If part of an international application was 
not subject to an international search or a preliminary in­
ternational examination because it was ascertained that 
the application contained independent inventions and 
that the applicant had not paid within the specified time 
limit the additional fee stipulated in the Patent Coopera­
tion Treaty, the National Institute of Industrial Property 
shall reexamine the grounds for the decision not to carry 
out the search or examination in respect of the applica­
t!on in question. 
(2) If the National Institute of Industrial Property 
considers the decision to be unfounded, the correspond­
ing provisions of the Portuguese Industrial Property 
Code shall apply to the application. 
(3) If the National Institute of Industrial Property 
considers that the decision is well-founded, the part of 
the application that was not subject to a search or exami­
nation shall be deemed to have been withdrawn at the In­
stitute, unless the applicant, within one month after the 
notification being made, requests the division of the ap­
plication in accordance with the terms of the present 
Code governing divisional patents. 
(4) The fees corresponding to Portuguese national 
patent applications shall be due for each divisional appli­
cation, in accordance with the provisions of the Portu­
guese Industrial Property Code. 
Section III 
Effects of the Patent 
(Scope of Protection; Reversal of the Burden of Proof) 
Art. 93.-( I) The scope of the protection conferred by 
the patent shall be determined by the contents of the 
claims and the specification and drawings shall be used 
to interpret them. 
(2) If the subject matter of the patent relates to a pro­
cess. the rights conferred by the patent shall extend to the 
products directly obtained by the patented process. 
(3) If the subject matter of the patent is a process for 
manufacturing a new product. the same product manufac­
tured by a third party shall be considered to have been 
manufactured using the patented process. unless proven 
otherwise. 
(Term of the Patent) 
Art. 94. The term of the patent shall be 20 years as 
from the date of the respective application. (Indication of the Patent) IPINI lIPRT /Ill 
Page 23 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. 95. During. the term of the patent the patentee 
may use on the products the words "Patenreado" ("Pat­
ented"). "Palente f1<!." ("Patent No.") or "Pat. nC'." 
(Rights Conferred by a Patent) 
Art. 96.-( I) A patent shall confer the exclusive right 
to work the invention in any part of the Portuguese terri­
tory. 
(2) A patent shall also confer on the proprietor the 
right to prohibit third parties from manufacturing. offer­
ing. stocking, trading or working a patented product 
without his consent. or importing or taking possession 
thereof for any of the purposes mentioned. 
(3) The patentee may oppose any acts that constitute 
infringement of his patent. even if such acts are based on 
another patent with a later date of priority. without hav­
ing to attack the certificates or request the annulment of 
the patents against which he exercises this right. 
(4) The rights conferred by a patent shall not exceed 
the scope defined by the claims. 
(Private Use) 
Art. 97. The protection conferred by a patent shall not 
include private use with no commercial purpose. 
{Limitation of the Rights Conferred by a Patent) 
Art. 98. The rights conferred by a patent shall not 
cover: 
(a) the preparation of medicines made instantly and 
for individual cases in pharmacy laboratories by means of 
a prescription. or acts related to medicines prepared in 
this way; 
(b) acts carried out exclusively for testing or experi­
mental purposes; 
(c) use on board ships from other States party to Paris 
Convention for the Protection of Industrial Property of 
the subject matter of the patented invention. in the body 
of the ship, the machinery. masts. equipment or other ac­
cessories. when such ships temporarily or accidentally 
enter Portuguese waters. provided that the subject matter 
in question is exclusively used for the purposes of the 
ship; 
(d) use of the subject matter of the patented invention 
in the construction or operation of air or land transport 
vehicles from other States party to Paris Convention for 
the Protection of Industrial Property or accessories for 
these vehicles. if they temporarily or accidentally enter 
the territory of a contracting State; 
(e) the acts specified in Article 27 of the Con'vention 
of December 7. 1944. concerning international civil avia­
tion, if such acts relate to aircraft which belong to another 
State but are governed by the provisions of the aforemen­
tioned Article. IP/N/lIPRT/l/l 
Page 24 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Scope of the Right) 
Art . .99. The rights conferred by a patent shall not 
include acts in connection with the patented products 
after they have been put on the market in the Euro­
pean Community. by the patentee or with his express 
consent. 
(Non-Opposability) 
Art. 100.-( I) The rights conferred by a patent cannot 
oppose any person who in good faith. in Portuguese terri­
tory and before the date of the application or the date of 
priority, if claimed: 
(a) took knowledge of the invention through his own 
means; 
(b) used the invention or took effective and serious 
steps towards such use. 
(2) This provision shall not apply if the party in 
question takes knowledge of the invention through illicit 
acts or acts contrary to morality used against the 
patentee. 
(3) The burden of proof shall lie with parties invok­
ing the situations specified in paragraph (I). 
(4) Earlier use or preparations made to this end based 
on the information mentioned in Article 52, subpara­
graph (a) shall not prejudice good faith. 
(5) The cases provided for in paragraph (I) include 
the right to continue or begin to use the invention to the 
extent of previous knowledge thereof for the needs of the 
company of the party in question. but this right may only 
be assigned together with the commercial establishment 
where the invention is used. 
(Legal Monopoly System) 
Art. 101.-(1) When a patent is granted for an 
invention the subject matter of which constitutes a le­
gal monopoly. the monopolist may only work the in­
vention with the consent of the patentee. but he shall 
be obliged to use in his industry the inventions which 
involve a notable technical advance for such industry, 
obtaining the corresponding right to work the in­
vention. 
(2) The obligation stipulated in the preceding para­
graph may be voluntarily fulfilled on the initiative of the 
monopolist, the patentee or the Portuguese Public Prose­
cutor. 
(3) The amount to be paid to the patentee shall be 
fixed by an agreement between the parties or by a judicial 
decision. 
(4) Patents the subject matter of which is not 
worked due to an impediment resulting from the exist­
ence of a legal monopoly shall not require annuities to be 
paid. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Sectioll IV 
Conditions of Use 
(Loss of a Patent) 
Art. 102.-{ I) A person may be legally deprived of a 
patent on account of commitments made with other per­
sons or if the patent is expropriated for a public purpose. 
(2) The Portuguese State may. for a public purpose 
and on payment of an indemnity. expropriate any patent 
should it become necessary to make the invention acces­
sible to the public or should its use by public bodies so 
require. 
(3) The terms of the Portuguese Expropriation Code. 
duly adapted. shall be applicable. 
(Compulsory Working) 
Art. 103.-( 1) The patentee shall be required to work 
the patented invention. either directly or through a person 
he shall authorize. by means of its execution in Portu­
guese territory and the marketing of the results obtained 
in such a way as to satisfy the needs of the national mar­
ket. 
(2) Working shall begin within three years after the 
date of publication in the Industrial Property Bulletin of 
notice of the grant of the patent, but never later than four 
years after the date of the filing of the patent application. 
(3) For the purposes of the working of the patented 
invention by means of its exploitation, any territory be­
longing to the European Community shall be considered 
as equivalent to Portuguese territory. 
(4) Without prejudice to the provisions of the preced­
ing paragraph. the marketing in Portuguese territory of 
objects or products manufactured abroad shall not consti­
tute the working of the invention. 
(Certificate of Working) 
Art. 104.-(1) The patentee may prove the working of 
the patent before the National Institute of Industrial Prop­
erty by means of an official certificate issued by the com­
petent body in each case. 
(2) The certificate of working shall only be issued if 
actual manufacturing has been verified at the industrial 
premises where the invention is being worked and if 
the subject matter of the invention is actually being 
marketed. 
(3) The certificate shall be issued within three months 
from the date on which it was requested and shall ex­
pressly mention that the patent is being worked. 
(4) The certificate of working shall be recorded on 
the patent file at the National Institute of Industrial Prop­
erty. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199f) 
(5) Once the working of the patent has been proven 
before the National Institute of Industrial Property by 
means of the appropriate certificate. it shall be presumed 
that the patent is being worked in compliance with the 
stipulations of Article 103. unless proven otherwise. 
(Compulsory Licenses) 
Art. 105.-(1) Compulsory licenses may be required 
against a specific patent in any of the following cases: 
(a) non-working or insufficient working of the pat-
ented invention: 
(h) for export needs; 
(c) dependency between patents: 
(d) for reasons of public interest. 
(2) Any patentee who ceases to work the invention 
for a period of three consecutive years. without just 
reason or legal grounds. may also be required to grant a 
license to work the invention. 
(3) Compulsory license applications shall be exam­
ined in the order that they are filed at the National Insti­
tute of Industrial Property. 
(4) While the compulsory license is in force. the pat­
entee cannot be compelled to grant another license before 
the previous one has been canceled. 
(5) A compulsory license may only be assigned. even 
in the form of a sublicence. with the part of the company 
or establishment that works it. 
(6) Importation by the licensee of the patented prod­
uct. even if it is obtained by a different process. shall de­
termine the cancellation of the respective license. 
(Insufficient Production of the Subject Matter of the 
Patent) 
Art. 106. If the export market is not adequately sup­
plied due to the insufficient production of the subject 
matter of the patent and if this causes serious losses to 
Portugal's economic or technological development. the 
Government may. by decree, submit the patent to the sys­
tem of compulsory licenses. exclusively in order to meet 
the unsatisfied export needs. 
(Dependent Licenses) 
Art. 107.-(1) If it is not possible to work an invention 
protected by a patent without infringing the rights con­
ferred by an earlier patent. the proprietor of the later 
patent may at any time request the grant of a compulsory 
license against the earlier patent. provided that his inven­
tion is used for different industrial purposes or represents 
a considerable technical advance in relation to the subject 
matter of the first patent. 
(2) If inventions covered by dependent patents are 
used for the same industrial purposes and a compulsory 
license is granted in favor of the proprietor of the depen-IP/N/IIPRT/I/l 
Page 25 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
dent patent. the proprietor of the earlier patent may also 
request the grant of a compulsory license against the later 
patent. 
(3) If the subject matter of an invention is a process 
for the preparation of a chemical. pharmaceutical or food 
product protected hy a patent that is in force and if this 
process patent represents a considerable technical ad­
vance in relation to the earlier patent. both the proprietor 
of the process patent and the proprietor of the product 
patent shall have the right to request a compulsory li­
cense against the patent of the other proprietor. 
(4) Compulsory licenses in respect of dependent pat­
ents may only be granted if it is ascertained that the li­
cense is indispensable and such license shall only be 
granted for the part necessary for the working of the later 
invention. 
(Public Interest) 
Art. 108.-( I) For reasons of public interest the paten­
tee may be compelled to grant a license to work the re­
spective invention. 
(2) Reasons of public interest shall be considered to 
exist if the start. increase or generalization of the working 
of the invention or the improvement of the conditions in 
which such working is carried out are of great importance 
to public health or national defense. 
(3) Reasons of public interest shall also be considered 
to exist if failure to work the invention or insufficient 
working as regards quality or quantity cause serious dam­
age to Portugal's economic or technological develop­
ment. 
(4) The Portuguese Government shall be competent 
to grant a license for reasons of public interest. and shall 
assess the prosecution of the license application and give 
a decision on it by decree. 
(;.Jon-Exclusive License) 
Art. 109. Compulsory licenses shall be non-exclusive 
and shall be applied for at the National Institute of Indus­
trial Property. The license applicant shall provide evi­
dence giving grounds for the license application. 
(Application for the Grant of a Compulsory License) 
Art. 110.-(1) Once the period stipulated in Arti­
cle 103, paragraph (2) has expired, any person may re­
quest the grant of a compulsory license against a patent 
if. without just reason. at the time of the filing of the li­
cense application, the working of the patented invention 
has not yet begun or no effective and serious preparations 
have been made for this working or if such working has 
been interrupted for more than three consecutive years. 
(2) Objective difficulties of a technical or legal na­
ture that make the working of the invention impossible or IP/NIlIPRTII/l 
Page 26 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCI-I 199f1 
insufficient shall be considered as just reasons, irrespec­
tive of the wishes and situation of the patentee. but eco­
nomic or financial difficulties shall not be considered as 
such. 
(Application for Mediation by the National Institute of 
Industrial Property) 
Art. 111.-( I) Before applying for a compulsory li­
cense. the interested party may request the mediation of 
the National Institute of Industrial Property in order to 
obtain a contractual license against the patent. 
(2) A fee shall be paid in respect of the application for 
prior mediation. which shall contain the following ele­
ments: 
(a) full identification of the applicant: 
(b) the patent to which the request refers as well as 
identification of the title thereof; 
(c) circumstances that have occurred and may justify 
the grant of a compulsory license; 
. (d) scope of the license desired and grounds there for; 
(e) data allowing a decision to be taken regarding the 
ability of the applicant to effect the actual and effective 
working of the patented invention and to make the rea­
sonable guarantees required by the patentee for the grant 
of a license. 
(3) The application for mediation shall be made by 
means of a request drawn up on the appropriate printed 
form and accompanied by the following elements in du­
plicate: 
(a) documents justifying the contents of the applica­
tion for mediation; 
(b) a document attesting to the provision of a deposit 
the amount of which shall be fixed regularly and shall be 
used to meet the procedural costs to be borne by the ap­
plicant for mediation. 
(Acceptance by the Institute to \1ediate) 
Art. 112.-( I) Once the application for mediation has 
been filed, the National Institute of Industrial Property 
shall decide upon possible mediation within one month. 
(2) The National Institute of Industrial Property shall 
accept mediation if the examination of the application for 
mediation, the accompanying documents and the investi­
gations carried out by the Institute itself give a reason­
able indication that: 
(a) there are circumstances susceptible of giving rise 
to the grant of compulsory licenses against the patent; 
(b) the applicant for mediation can afford the funds or 
means necessary to seriously work the patented inven­
tion. 
(3) The National Institute of Industrial Property shall 
notify the applicant for mediation and the patentee of its 
decision and shall send the latter a copy of the application 
for mediation. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(4) An appeal cannot be filed against the decision 
mentioned in the preceding paragraph. 
(Mediation Procedure) 
Art. 1/3.-( I) Once mediation has been accepted, the 
National Institute of Industrial Property shall invite the 
interested parties to open negotiations for the grant of 
a contractual license, the Institute participating in its 
capacity as mediator. 
(2) The negotiations shall be of a duration of up to 
two months as from the date of the invitation. 
(3) The National Institute of Industrial Property, as 
mediator, shall make every effort to bring together the 
positions of the interested parties and facilitate the secur­
ing of a contractual license. 
(4) From the time that mediation is accepted and dur­
ing the negotiation period. the National Institute of In­
dustrial Property shall make any investigations necessary 
for an understanding of the case and the assessment of the 
positions of the interested parties, assessing in particular 
whether there are circumstances that justify the grant of a 
compulsory license. 
(5) The investigation procedure mentioned in the pre­
ceding paragraph shall take place whatever the course of 
the negotiations. even if they are unsuccessful or have 
not begun. 
(6) If no agreement concerning the contractual license 
is reached on the expiry of the period mentioned in para­
graph (2), the National Institute of Industrial Property 
shall consider its role as mediator and investigator to have 
ended and shall notify the interested parties accordingly. 
(7) 'The two-month period may be extended for a spe­
cific period at the joint request of the parties. provided 
that the National Institute of Industrial Property consid­
ers that the extension may be used effectively for secur­
ing the grant of the license. 
(8) If the National Institute of Industrial Property de­
cides that there is no possibility of reaching an agree­
ment, it may consider its mediation to have ended even if 
the extended period has not expired. 
(9) The mediation file may only be consulted by the 
parties, who may request copies of all the documents. 
(l0) The parties and employees of the Institute hav­
ing access to the file shall keep its contents a secret. 
(Agreement Between the Parties) 
Art. 114.-( 1) If. as a result of the negotiations medi­
ated by the Institute, the parties agree to the grant of a 
license against the patent. they may request that no com­
pulsory license applications be accepted in respect of 
such patent during the period necessary for the licensee 
to begin working the patent. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 19<)() 
(2) The period mentioned in the prcceding paragraph 
may never exceed onc year. 
n) The requcst mentioned in paragraph (I) may only 
be granted if the following rC4uircments are met: 
(a) the parties shall have agreed upon an exclusive li­
cense, which shall not frustrate the objectives of the grant 
of compulsory licenses against the patent: 
(h) documentary evidence shall have been provided 
showing that the licensee has the means necessary to 
work the patent and that Ihe period requested is essential 
for such working to begin: 
(e) the interested parties shall have guaranteed that 
they can accept liability if the working of the invention is 
not begun within the stipulated time limit: 
(d) the fee established by law shall have been paid. 
(4) Taking account of the documentation filed by the 
interested parties and once the investigations and consul­
tations deemed appropriate have been made. the National 
Institute of Industrial Property may suspend the filing of 
compulsory license applications in respect of the patent 
in question for a fixed period. if it is considered that, 
under the circumstances, the parties seriously wish 
to start working the palented invention as quickly as 
possible. 
(5) Suspension shall be recorded at the National Insti­
tute of Industrial Property. 
(6) The interested parties shall submit monthly re­
ports on the steps being taken to begin working the in­
vention and the National Institute of Industrial Property 
shall order any inspections deemed appropriate. 
(7) The Institute may revoke the suspension of the fil­
ing of compulsory license applications if it considers that 
it has been proven that an error was made in the assess­
ment of the circumstances giving grounds for its deci­
sion. or if the interested parties do not make serious and 
continuous efforts to begin working the invention within 
the period foreseen. 
(Compulsory License Grant Procedure) 
Art. 1/5.-( 1) Three months after the expiry of the pe­
riod mentioned in Article 103. paragraph (2) or after de­
cision of the National Institute of Industrial Property not 
to accept the mediation proposed, or after the end of the 
mediation. period, if the parties have not reached an 
agreement, the Institute may be requested 10 grant a com­
pulsory license to work the patent. 
(2) In the compulsory license application subject 10 
the payment of the fee stipulated by law. the interested 
party, based on the elements contained in the file on the 
prior mediation procedure, if applicable, and any possi­
ble documents produced, shall substantiate its request, 
setting forth and giving proof of the alleged grounds for 
the license application. namely: 
(a) the interest in the working of the patent; IP/N/lIPRT/I/l 
Page 27 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(h) the means intended to be used to carry out the ac­
tual and effective working of the patented invention; 
(e) the guarantees that can be given if the license is 
granted. 
(3) The compulsory license application shall be ac­
companied by the following elements: 
(a) documents which attest to the allegations made in 
the license application and do not appear in the file on the 
possible prior mediation: 
(h) a document attesting to the provision of a deposit 
the amount of which shall be fixed at a general rate and 
shall be used to meet the procedural costs to be borne by 
the license applicant: 
(e) a copy of the license application and the docu­
ments filed. 
(Reply) 
Art. //6.-(1) Once the compulsory license applica­
tion has been filed in accordance with the provisions of 
the preceding Article. the National Institute of Industrial 
Property shall open a file containing the documents con­
cerning possible prior mediation and shall send a copy of 
the license application and accompanying documents to 
the patentee in order that he may file a reply, if he so de­
sires, within a period of up to one month. 
(2) If the compulsory license application is filed to­
gether with a document attesting that the Institute did not 
accept prior mediation. the period in which the patentee 
may reply shall be two months. 
(3) The reply shall take into consideration the con­
tents of the file on prior mediation, if applicable. and it 
shall be accompanied by evidence giving grounds for the 
allegations which are made therein and do not appear in 
the aforementioned file. 
(4) A copy of the reply shall be attached to the file to 
be sent to the applicant of the compulsory license. 
(5) If insufficient working of the patented invention 
is invoked, the patentee shall include in his reply material 
concerning this working together with proof thereof. 
(Grant or Refusal of the License) 
Art. 117.-( I) Once the reply has been received, the 
\"ational Institute of Industrial Property shall send it to 
the license applicant and within one month shall grant or 
refuse the compulsory license. 
(2) If no replies are filed on the expiry of the period 
stipulated in the preceding paragraph the National Insti­
tute of Industrial Property shall immediately grant the 
license. 
(3) The grant decision shall determine all the contents 
of the license and shall stipulate the scope of the licens­
ing, rights, duration, guarantees that the licensee shall 
make, when working of the invention is to begin and any IP/NI1/PRT/II 1 
Page 28 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199fJ 
other clauses ensuring the serious and effective working 
of the patented invention. 
(4) The decision of grant or refusal shall stipulate the 
costs to be borne by each of the parties. the joint co~ts 
being payable in equal parts. 
(5) If it is concluded that one of the parties acted 
without just grounds or in bad faith. this party alone shall 
bear all costs. 
(6) The decision of grant or refusal given by the Na­
tional Institute of Industrial Property may be referred to 
appeal in accordance with Article 38. 
(7) The filing of an appeal shall not have a suspensive 
effect. 
(8) If a license is granted. the National Institute of In­
dustrial Property may authorize the licensee to postpone. 
by means of a request, the start of the working of the in­
vention until the appeal has been the subject of a decision 
res judicata. 
(Suspension of the Proceedings) 
Art. 1/8.-(1) Once the compulsory license applica­
tion has been filed, the National Institute of Industrial 
Property may take any action which it considers appro­
priate and which may be relevant to the respective deci­
sion. 
(2) At the duly justified joint request of the license 
applicant and the patentee. the National Institute of In­
dustrial Property may at any time and only once sus­
pend the proceedings for a period of up to three months. 
at whatever stage they may be. 
(3) After the suspension period, the National Institute 
of Industrial Property shall notify the parties and con­
tinue with the proceedings. 
(~otification of Grant or Refusal to the Parties) 
Art. 119. The grant of the license and the respective 
conditions of working or the refusal thereof shall be com­
municated to both parties by the National Institute of In­
dustrial Property. 
(Invalidity) Section V 
Termination of the Patent 
Art. 120.-(1) As well as the cases stipulated in Arti­
cle 32, a patent shall be rendered null and void: 
(aJ if its subject matter does not meet the require­
ments of novelty. inventive step and industrial applica­
tion; 
(b) if the heading or title given to the invention cov­
ers different subject matter; INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(c) if its subject matter is not described in such a way 
as to enable it to be carried out by those skilled in the art. 
(2) One or more affected claims may be declared null 
and void or annulled. but the partial invalidity of a single 
claim cannot be declared. 
(Lapse) 
Art. 121. As well as the cases stipulated in Article 36. 
a patent shall lapse under the following circumstances: 
(a) non-working or insufficient working of the inven­
tion over a period of two years following the grant of the 
first compulsory license as a result of non-working; 
(h) non-working or insufficient working of the inven­
tion irrespective of whether or not a compulsory license 
has been granted, if the patentee is not covered by the 
terms of the Paris Convention. 
Chapter 11 
Utility Models 
Section I 
General Prol'isions 
(Subject of the Model) 
Art. 122.-( I) New inventions which involve an in­
ventive step and are susceptible of industrial application 
may be protected as utility models if they consist of giv­
ing an object a shape. structure. mechanism or layout 
which increases its utility or improves its conditions of 
use. 
(2) In particular. utensils. instruments. tools, appara­
tus. devices or parts thereof, vessels and other objects 
which meet the requirements of the preceding paragraph 
may be protected as utility models. 
(Exceptions to Protection) 
Art. 123. Process inventions and objects falling under 
the scope of Articles 48 and 49 shall not be protected as 
utility models. 
(Employees' Rights; Inventor's Rights) 
Art. 124. The provisions of Articles 54 and 55 shall 
apply to utility models. 
(Priority Right) 
Art. 125.-(1) Any person who has duly filed in any of 
the countries of the Union an application for a utility 
model, patent, utility certificate or inventor's certificate. 
or his successor, shall enjoy, for the purpose of filing a 
utility model application in Portugal, the right of priority 
established in the Paris Convention for the Protection of 
Industrial Property. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH /996 
(2) The provisions of paragraphs (2) to (9) of Arti­
cle 56 shall apply to utility models. 
(Provisions Applicable) 
Art. 126. In the absence of provisions expressly ap­
plicable to utility models. the provisions established for 
patents for inventions shall apply. provided that they are 
not incompatible with utility model particularities. 
Section 11 
Utility Model Procedure 
(National Route; Provisions Applicable) 
Art. 127.-(1) The provisions of Articles 57, 58, 61 to 
68 and 70 shall apply to utility model applications. 
(2) The time limit stipulated in Article 63, para­
graph (2) shall here be 12 months as from the date of the 
filing of the specification and drawings. 
(International Route; Provisions Applicable) 
Art. 128. With the exception of the provisions gov­
erning fees. the provisions of Articles 86 to 92 shall ap­
ply to utility models. 
(Grounds for Refusal) 
Art. /29.-(1) The model shall be refused: 
(a) if its subject comes under any of the situations 
mentioned in Articles 48 and 49; 
(b) if the heading or title of the model fraudulently 
covers a different subject. or if there are any differences 
between the specification and drawings and the respec­
tive duplicates; 
(c) if the specification is drawn up in ambiguous or 
confusing terms. or if the invention is not explained in 
such a way that it may be worked by any person skilled in 
the art; 
(d) if. by virtue of its specification and claims. it is 
considered to be a patent for invention or an industrial 
model; 
( e) if it is found that the provisions of Article 124 
have been infringed. 
(2) In the case provided for in subparagraph (e) of the 
preceding paragraph, instead of the model being refused. 
its total or partial assignment to the interested party may 
be granted, if he so requests. 
Section III 
Effects of the Utility Model 
(Scope of Protection) 
Art. 130.-The scope of protection conferred by the 
model shall be determined by the contents of the claims IP/N/IIPRT/l/l 
Page 29 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
and the specification and drawings shall be used to inter­
pret them. 
<Term) 
Art. 131. The term of the utility model shall be 
15 years as from the date of the respective application. 
(Indication of the Model) 
Art. 132. During the term of the model its proprietor 
may use on t~e products the words "Registado" ("Regis­
tered"). "Modelo de utilidade nil." ("Utility model No.") 
or the abbreviation ".\1. U. nil." 
(Rights Conferred by the Model) 
Art. 133. Articles 96, 97, 99 and 100 shall be applica­
ble. with the necessary adaptations. 
Section IV 
Conditions of Use 
(Loss of the Model) 
Art. 134. The provisions of Article 102 shall be appli­
cable, with the necessary adaptations. 
(Compulsory License) 
Art. 135.-(1) The proprietor of the utility model shall 
be required to work the registered model, either directly 
or through a person he shall authorize, by means of its 
exploitation in Portuguese territory in such a way as to 
satisfy the needs of the national market. 
(2) Proprietors of utility models who, without just 
reason or legal grounds, fail to work the model either di­
rectly or through a license agreement in any part of Portu­
guese territory or fail to do so in such a way as to satisfy 
national needs. for a period of four years after the filing 
of the application or three years after the grant of the 
model. whichever is the longer period. may be compelled 
to grant a license to work the utility model. 
(3) Compulsory licenses shall be non-exclusive and 
shall be applied for at the National Institute of Industrial 
Property. The license applicant shall provide evidence 
giving grounds for the license application. 
(4) When the National Institute of Industrial Property 
receives a compulsory license application, the proprietor 
of the utility model shall be notified in order that, within 
two months, he may make any observations and provide 
the respective evidence. 
(5) The National Institute of Industrial Property shall 
assess the allegations made by the parties and the guaran­
tees of the working of the invention furnished by the ap­
plicant of the compulsory license and shall decide 
whether or not the license shall be granted. IPlNllIPRT 1111 
Page 30 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(6) If the compulsory license application is accepted. 
both parties shall be notified to name an expert who. to­
gether with an expert named by the National Institute of 
Industrial Property, shall discuss the conditions of the 
compulsory license and the compensation to be paid to 
the proprietor of the utility model. 
(7) Any proprietor who ceases to work the model for 
a period of three consecutive years and without just 
reason or legal grounds may also be compelled to grant a 
license. 
(8) In the case of two or more compulsory license ap­
plications, they shall be examined in the same order that 
they are filed at the National Institute of Industrial Prop­
erty. 
(9) While the compulsory license is in force. the 
proprietor of the model cannot be compelled to grant 
another license before the previous one has been 
canceled. 
(10) The importation or sale in Portuguese territory 
of objects or products manufactured abroad shall not con­
stitute working of the utility model. 
(11) A compulsory license may only be assigned. 
even in the form of a sublicence, with the part of the com­
pany or establishment that works it. 
(12) Importation by the licensee of the product pro­
tected by the model. even if it is obtained by a different 
process, shall determine the cancellation of the respective 
license. 
(13) Compulsory licenses may also be canceled if the 
licensee does not work the utility model in such a way as 
to satisfy national needs. 
(Appeal Against the Decision to Grant or Refuse a 
License) 
Art. 136.-( I) The grant or refusal of a license and the 
respective conditions of working shall be communicated 
to both parties by the National Institute of Industrial 
Property. 
(2) Under the provisions of Article 38 onwards, an 
appeal may be filed against the decision of the National 
Institute of Industrial Property to grant or refuse a li­
cense, or simply against the conditions under which such 
license was granted, within three months after the notifi­
cation mentioned in this Article. 
(3) The grant decision shall only take effect after it 
has become res judicata and has been recorded at the 
National Institute of Industrial Property, where the re­
spective fees shall be paid in the same way as with an 
ordinary license. 
(4) An extract of the record mentioned in the preced­
ing paragraph shall be published in the Industrial Prop­
erty Bulletin. (lnv al idity) INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Section V 
Termination of the Utility Model 
Art. 137.-( I) As well as the cases stipulated in Arti­
cle 32. a utility model shall be rendered null and void: 
(a) if the heading or title given to the invention cov­
ers a different subject 
(h) if the subject of the model is not described in such 
a way as to enable it to be worked by those skilled in the 
art. 
(2) One or more affected claims may be declared null 
and void or annulled. but the partial invalidity of a single 
claim cannot be declared. 
(Lapse) 
Art. J 38. As well as the cases stipulated in Article 36, 
a utility model shall lapse under the following circum­
stances: 
(a) non-working or insufficient working of the model 
over a period of two years following the grant of the first 
compulsory license as a result of non-working; 
(b) non-working or insufficient working of the model 
irrespective of whether or not a compulsory license has 
been granted. if the proprietor of the model is not covered 
by the terms of the Paris Convention. 
Chapter III 
Industrial Models and Designs 
Section I 
General Provisions 
(Subject of the ~1odel) 
Art. J 39.-( 1) The following may be protected as in­
dustrial models: molds. shapes. patterns, reliefs. dies and 
other objects used as types in the manufacture of an in­
dustrial product, to define its shape. structure or orna­
mentation. 
(2) For these models, only the geometric or ornamen­
tal shape shall be protected. 
(Subject of the Design) 
Art. 140. The following may be protected as industri­
al designs: 
(a) figures, paintings, photographs, prints or any 
combination of lines, colors or lines and colors, whether 
ornamental or not. when applied to a product for commer­
cial purposes by any manual, mechanical or chemical 
process; 
(b) characters. types, typographical dies of any kind, 
printing plates in cardboard, metal or metal alloys and INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
engravings in wood or any other material to be used in 
the typographical printing of letters, numerals, musical 
notes or other signs. symbols. monograms, emblems. bor­
ders and fillets. 
(Subject of Legal Protection) 
Art. 141. Legal protection shall only be conferred on 
new models or designs or, if they are not completely new, 
those that are new combinations of known elements. or 
different arrangements of elements that are already in use 
giving the respective objects a distinct general appear­
ance. 
(Artistic Works) 
. Art. 142.-( I) The following shall not be considered 
as industrial models or designs: works of sculpture. ar­
chitecture and painting, prints, enamels, embroidery, 
photographs and purely artistic designs. 
(2) The provisions of the preceding paragraph shall 
not apply to reproductions made for industrial purposes 
by any processes that allow them to be easily copied in 
such a way that they lose the individuality characteristic 
of artistic works. 
(Exceptions to Protection) 
Art. 143. The following may not be registered: 
(a) models or designs which are incapable of practi­
cal application or which cannot be manufactured; 
(b) models or designs the use of which would be 
against the law or contrary to public order or morality; 
(c) models or designs which are devoid of novelty. 
( Novelty) 
Art. I·N.-( I) A model or design shall be considered 
as new if, before the date of the respective application. it 
was not disclosed in Portugal or elsewhere in such a way 
as to be understood and worked by persons skilled in the 
art. 
(2) The following shall not be considered as new: 
(a) a model or design which. in Portugal or else­
where, has already been the subject of an earlier registra­
tion. even if it is null and void or has lapsed; 
(b) a model or design which has already been de­
scribed in publications in such a way as to be understood 
and worked by persons skilled in the art; 
(c) a model or design which has been widely used or 
has come under public proprietorship in any way whatso­
ever. 
(Non-Opposable Disclosures) 
Art. 145.-0) The following shall not prejudice the 
novelty of the model or design: IP/N/I/PRT/IlI 
Page 31 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(a) communications made before scientific societies 
or professional technical associations or for the purpose 
of Portuguese or international competitions. exhibitions 
or fairs which are official or officially recognized in any 
country of the Union. if the respective application is filed 
in Portugal within six months; 
(b) disclosures resulting from evident abuse regard­
ing the creator or his successor by any title. or from pub­
lications made unduly by the National Institute of 
Industrial Property. 
(2) The provisions of subparagraph (a) of the preced­
ing paragraph shall only be applicable if the applicant 
declares. when filing the application. that the invention 
was actually disclosed in accordance with the terms stip­
ulated therein. 
(Right to the Model) 
Art. 146.-(I) The right to the registration shall be­
long to the creator of the model or design or his succes­
sors in any title. 
(2) If the creators of the model or design are two or 
more in number. the right to file the application for regis­
tration shall belong to the group as a whole. 
(Employees' Rights) 
Art. 147.-( I) Industrial models and designs created 
by private or State wage-earners or employees as part of 
their duties shall be considered to belong to the employer 
and shall be paid for by the respective salaries and. unless 
otherwise agreed, the models and designs cannot be filed 
or reproduced by such persons or in their name. under 
penalty if they are considered as usurpers or infringers. 
although they shall be entitled to be recognized as the 
creators of the industrial models or designs and have their 
names mentioned on the respective certificate. 
(2) In cases other than those stipulated in the pre­
ceding paragraph. if the model or design falls within the 
scope of the activity of the company. the latter shall be 
entitled to assume proprietorship of the registration or to 
reserve the right to the exclusive or non-exclusive working 
of the model or design. the acquisition of the registration 
and the right to apply for or acquire a foreign registration. 
(3) In the case provided for in the preceding para­
graph. the creator shall be entitled to equitable remunera­
tion. less the amount corresponding to any assistance 
supplied by the company in order to carry out the model 
or design. 
(4) The creator shall inform the company of any ap­
plications that he has filed, within a period up to three 
months after the date that the model or design was con­
sidered as accomplished. 
(5) Failure to meet the obligation mentioned in the 
preceding paragraph on the part of the creator shall lead 
to the loss of his rights in this respect. IP/N/1/PRT/l/l 
Page 32 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(6) The company may exercise its rights within three 
monthsafter receipt _of the notification given by the cre­
ator. 
(7) Acquisition of the right mentioned in the previous 
paragraphs shall be rendered null and void if remunera­
tion is not paid in full within the specified period. 
(8) If. in the event of paragraphs (2) and (3). the par­
ties do not reach an agreement. the matter shall be re­
solved. in accordance with Decree-Law No. 31/86 of 
August 29, 1986, by a court of arbitration comprising one 
arbitrator appointed by the company, another by the cre­
ator of the model or design and a third by agreement or, 
in default thereof, by the presiding judge of the court of 
appeal of the judicial district in which the worker normal­
ly carries out his duties. 
(9) For the purposes of the previous paragraphs, 
models or designs for which applications are filed within 
one year after the date on which the creator leaves the 
company shall be considered as having been carried out 
during the performance of the contract. 
(Creator's Right) 
Art. 148. If the registration is not applied for directly 
in the name of the creator, he shall have the right to be 
designated as such in the application and respective cer­
tificate. 
(Priority Right) 
Art. 149.-(1) Any person who has duly filed in any of 
the countries of the Union a utility model or industrial 
model or design application, or his successor, shall en­
joy, for the purpose of filing the application in Portugal, 
the right of priority established in the Union of Paris 
Convention for the Protection of Industrial Property. 
(2) The provisions of Article 56. paragraphs (2) to (8) 
shall apply to industrial models and designs. 
Section 11 
Registration Procedure 
(Form of Application) 
Art. 150. The provisions of Article 57 shall apply, 
with the following modifications: 
(a) the heading or title shall designate the object to be 
registered or the purpose for which it is intended, as the 
case may be; 
(b) the novelty attributed to the industrial model or 
design shall be mentioned. 
(Documents to be Filed) 
Art. 151. The documents stipulated in a decision 
given by the Minister responsible for the area of industry 
shall be attached to the application. (Unity of the Application) INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. J 52 .-( I) Applications may only be filed for a 
single registration and each model or design shall corre­
spond to a different registration. 
(2) Models or designs consisting of several parts all 
essential to form a whole shall be included in a single 
registration. 
(3) Up to a maximum of ten models or designs may be 
included in a single registration provided that the objects. 
although different, have the same use. 
(4) The model of an object and the design that will 
eventually be applied to it may be registered. 
(5) Registered models and designs that have been en­
larged or reduced to scale do not require a new registra­
tion. 
(6) Differences in color or material do not require 
separate registrations. 
(Publication of the Application and Rights Conferred) 
Art. 153.-(1) When the application is filed at the Na­
tional Institute of Industrial Property, the Institute shall 
proceed with the examination and classification thereof. 
(2) Following the examination a report containing the 
examiner's opinion shall be drawn up. 
(3) If the application fulfills the legal requirements 
stipulated, notice thereof shall be published in the Indus­
trial Property Bulletin together with a reproduction of the 
industrial model or design. 
(4) Notwithstanding the provisions of the following 
paragraph, the notice mentioned in the preceding para­
graph shall not be published before the end of the twelfth 
month after the date on which the application was filed at 
the National Institute of Industrial Property. or after the 
date of the priority claimed. . 
(5) Publication may be brought forward at the express 
request of the applicant. 
(6) After publication, any person may request a copy 
of the corresponding drawings or photographs. 
(7) The provisions of Article 62, paragraphs (6) to (8) 
shall apply to industrial model and design applications, 
with the necessary adaptations. 
(Examination Report) 
Art. J 54.-(1) If the application does not meet the le­
gal requirements stipulated, the examination report shall 
be sent to the applicant, with notification to rectify the 
irregularities and submit the outstanding elements within 
two months. 
(2) If the examiner decides from the applicant's reply 
that the application can be granted, he shall propose the INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
publication of the respective notice in the Industrial 
Property Bulletin. 
(3) If the applicant does not reply to the notification 
or if the reply is considered insufficient by the examiner. 
he shall propose the refusal of the application and the 
publication of the respective notice in the Industrial 
Property Bulletin. 
(Partial Grant) 
Art. 155.-(1) If the examiner only requires the 
amendment of the title or heading or. in the specific 
case of industrial models or designs applied for under 
Article 152. paragraph (3). the elimination of certain 
objects in accordance with the notification. and if the 
applicant does not voluntarily proceed with these 
modifications. the examiner may effect them and 
therefore propose the grant of the respective model or 
design. 
(2) If the examiner proposes the grant of the model or 
design. the respective notices to be published in the In­
dustrial Property Bulletin shall indicate possible amend­
ments to the heading or eliminated objects. 
(3) Partial grant shall be such that the refused part 
does not exceed the scope of the observations made in the 
examination report. 
(Opposi tions) 
Art. 156.-( 1) The notices stating that the industrial 
model or design can be granted shall be published in the 
Industrial Property Bulletin so that those who consider 
themselves prejudiced may file oppositions. 
(2) The oppositions shall be filed within two months 
after the date of publication of the Bulletin containing the 
notice. 
( Publication) 
Art. 157. The provisions of Article 67 shall be appli­
cable. with the necessary adaptations. 
(Grounds for Refusal) 
Art. 158.-( I) Registration shall be refused: 
(a) if it is intended for objects that are expressly 
declared as unable to be protected; 
(b) if it is found that there is already an earlier model 
or design registration that may be confused with the ap­
plication; 
(c) if the registration is designed to obtain the protec­
tion granted to a registered trademark. in the event that it 
is not possible to obtain the respective registration by vir­
tue of the grounds for refusal stipulated for this category. 
or if the model or design is already included in a trade­
mark registered in the name of another for an identical or 
similar product; IP/N/IIPRTIIIl 
Page 33 
INDUSTRIAL PROPERTY 
LAWS ANDTREATJES 
(d) if. by virtue of the specification. the model is con­
sidered to be a patent for invention or a utility model; 
(e) if it is found that the terms of Article 147 have 
been infringed. 
(2) In the case provided for in subparagraph (e) of the 
preceding paragraph. instead of the registration being 
refused. its total or partial assignment to the interested 
party may be granted. jf he so requests. 
(Notification of Grant to the Applicant) 
Art. 159.-( 1) The applicant shall be notified of the 
grant of the registration. indicating the Bulletin in which 
notice thereof is to be published. 
(2) In order to maintain the validity of the registra­
tion. the proprietor shall pay the respective fees. 
(Term) Section 111 
Effects of Registration 
Art. 160. The term of the registration shall be 
25 years as from the date of the respective application. 
(Indication of the Model or Design) 
Art. 161. During the tenn of the registration the pro­
prietorship may use on the products the words "Regista­
do" ("Registered"), "Modelo industria/nil." ("Industrial 
Model No."), "Desenho industrial nil." ("Industrial De­
sign No,") or the abbreviations "ML nil. or "DL nil.". for 
models and designs respectively. 
(Rights Conferred by a Registration) 
Art. /62.-( 1) A registration shall confer the right to 
exclusive use in any part of Portuguese territory. for the 
production. manufacture. sale or working of the object of 
the registration under the obligation to do so as a matter 
of fact and in accordance with the needs of the Portu­
guese economy. 
(2) The provisions of Article 96, paragraphs (2) 
and (3), Article 97, Article 98. subparagraphs (b) to (d). 
Article 99 and Article 100 shall be applicable. with the 
necessary adaptations. 
(Inalterability of ~odels and Designs) 
Art. 163.-( 1) During the term of a registration. the 
model or design shall remain unaltered under penalty of 
cancellation. 
(2) Any alteration to the essential elements of models 
and designs shall always require a new registration. IP/N/l/PRT/I/l 
Page 34 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Invalidity) Section IV 
/nl'Qlidity of the Re,dstration 
Art. /64.-( I) As well as the cases stipulated in Arti­
cle 32. a registration shall be rendered null and void: 
(a) if the industrial model or design does not meet the 
requirements of novelty: 
(h) if the heading or title given to the model or design 
covers a different subject. 
(2) The registration of one or more objects included 
under the same registration may be declared null and void 
or annulled. but the partial invalidity of the registration in 
respect of a single object cannot be declared. 
Chapter IV 
Trademarks 
Section I 
General PrO\'isions 
Subsection I 
Product or Service Marks 
(Composition of a Trademark) 
Art. 165.-( I) A trademark may consist of a sign or set 
of signs which are capable of being represented graphi­
cally. namely words. including personal names. designs, 
letters, numerals. sounds. the shape of the product or its 
packaging. and which are capable of distinguishing the 
,products or services of one company from those of other 
companies. 
(2) Trademarks may also consist of advertising slo­
gans for products or services. irrespective of copyright. 
provided that they have distinctive character. 
(Exceptions) 
Art. 166,-( I) The following do not meet the require­
ments of the preceding Article: 
(a) signs that consist exclusively of the shape result­
ing from the nature of the product itself. the shape of the 
product necessary for obtaining a technical result or the 
shape that gives the product its own substantial value; 
(b) signs or indications that may be used commercially 
to designate the kind. quality, quantity. purpose. value, 
geographical origin. the time of production of the product 
or of rendering of the service. or other characteristics 
thereof; 
(c) signs or indications that have become customary 
in current language or in bona fide and established com­
mercial practices; 
(d) colors. except when they are combined together 
or with graphics. wording or other elements in a particu­
lar and distinctive manner. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(2) The generic elements mentioned in subpara­
graphs (b) and (c) of the preceding paragraph that consti­
tute part of the trademark shall not be for the exclusive 
use of the applicant. unless the signs have acquired in 
commercial practice distinctive character. 
(Proprietorship of the Trademark and Exclusive Rights 
Thereto) 
Art. 167.-( I) Any person who adopts a particular 
trademark to distinguish the products or services of an 
economic or professional activity. shall enjoy proprietor­
ship of the trademark and exclusive rights thereto provid­
ed that legal stipulations. particularly those relating to 
registration. are complied with. 
(2) The Portuguese State may also enjoy proprietor­
ship of and exclusive rights to the trademarks that it uses 
provided that legal provisions are complied with. 
(Right to the Registration) 
Art. 168. The right to the registration shall belong 
to any person having a legitimate interest therein, 
namely: 
(a) industrialists or manufacturers, to designate the 
products of their manufacture; 
(b) traders, to designate the products of their trade: 
(c) farmers and cattlemen, to designate products of 
agriculture, cattle breeding and. in general, any agricul­
tural. zootechnic, forestry or extractive exploitation: 
(d) craftsmen, to designate the products of their craft, 
trade or profession; 
(e) any person who provides services, to designate 
the respective activity. 
(Extension of the Right to the Registration) 
Art. 169. The agent or representative of the proprietor 
of a trademark in the countries of the Union may apply 
for its registration with the authorization of the propri­
etor. 
(Priority Right) 
Art. 170.-( 1) Any person who has duly filed an appli­
cation for registration of a trademark, either in person or 
through a legal representative, in any country of the 
Union or at any intergovernmental body competent to 
register trademarks having effect in any of the countries 
of the Union, shall enjoy, for the purpose of filing the 
same application in Portugal. the right of priority estab­
lished by the Paris Convention for the Protection of In­
dustrial Property. 
(2) Any application that is a regular national applica­
tion, drawn up in accordance with the national law of 
each country of the Union or bilateral or multilateral trea­
ties between member States, shall enjoy the right of 
priority. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(3) A regular national application shall mean any ap­
plication effected in such a way as to establish the date on 
which it was filed in the country in question or at the 
competent intergovernmental body. irrespective of any­
thing that may subsequently affect it in any way. 
(...J) Thus. an application subsequently filed in Portu­
gal before the end of the period of priority may not be 
invalidated by events occurring during this time. namely 
by other applications. use of the trademark or any act car­
ried out by third parties. 
(Unregistered Trademark) 
Art. 17/ .-( 1) Any person who uses a free or unregis­
tered trademark for a period not exceeding six months 
shall enjoy. during this period. a right of priority for ef­
fecting the registration thereof and may oppose applica­
tions filed by others during such period. 
(2) The authenticity of documents filed as proof of 
this right of priority shall be freely examined, except in 
the case of authentic deeds. 
Subsection 11 
Collective Marks 
(Definition of a Collective Mark) 
Art. 172 .-(1) A collective mark shall be understood 
to be an association mark or a certification mark. 
(2) Signs or indications used commercially to desig­
nate the geographical origin of products or services may 
constitute collective marks. 
(3) The registration of a collective mark shall also 
give its proprietor the right to control the marketing of 
the respective products. on the terms stipulated by law or 
in statutes. 
(Association \1ark) 
An. /73. An association mark is a specific s·ign be­
longing to an association of natural or legal persons 
whose members use or have the intention of using the 
sign for products or services. 
(Certification Mark) 
Art. /74.-( 1) A certification mark is a specific sign 
belonging to a corporate body that controls the products 
or services or establishes the regulations that they must 
comply with. 
(2) Such sign is to be used in respect of products or 
services which are subject to the aforementioned control 
or for which the regulations were established. 
(Right to the Registration of Collective Marks) 
Art. 175.-(1) The right to the registration of collec­
tive marks shall belong to: IP/NI1 IPRT/II1 
Page 35 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
«(/) corporate bodies that have been legally granted or 
attributed a guarantee or certification mark and may ap­
ply it to specific and determined qualities of the products 
or services; 
(h) corporate bodies that oversee. control or certify 
economic activities. to designate the products of these 
activities or products that come from certain regions. ac­
cording to their uses and within the terms of the respec­
tive statutes or charters. 
(2) The corporate bodies mentioned in sub­
paragraph (h) of the preceding paragraph shall arrange 
for the inclusion. in the respective charters or their 
statutes, of provisions indicating the persons who are 
entitled to use the mark. the conditions under which it 
shall be used and the rights and obligations of the 
interested parties in the event of usurpation or infringe­
ment. 
(3) Alterations to the charters or statutes that modify 
the system governing the collective mark shall be com­
municated within one month to the National Institute 
of Industrial Property by the management of the body 
that owns the mark. 
(Provisions Applicable to Collective Marks) 
Art. 176. The provisions of this Code covering prod­
uct and service marks shall apply to collective marks, 
with the necessary adaptations. 
Subsection III 
Base Marks 
(Definition of a Base \1ark) 
Art. 177. A base mark is a mark that identifies the 
commercial or industrial origin of a series of products or 
services produced by a multi-activity company or a group 
of companies. 
(Right to the Registration) 
Art. 178.-(1) The right to the registration of a base 
mark shall belong to the multi-activity company or the 
group of companies that use it or intend to use it for their 
products or services. 
(2) The bodies mentioned in the preceding paragraph 
shall arrange for the inclusion in the respective statutes of 
provisions relating to the right to use the mark, the condi­
tions under which it shall be used and the rights and 
obligations of users in the event of usurpation or 
infringement. 
(3) Decisions that modify the system governing base 
marks shall be communicated within one month to the 
National Institute of Industrial Property by the manage­
ment of the body that owns the mark. IP/N/lIPRT/I/l 
Page 36 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Use of Base Marks) 
Arl.179. Base marks may only be used when accom­
panied by a specific mark pertaining to each product or 
service. 
(Provisions Applicable to Base Marks) 
Art. 180. The provisions of this Code covering prod­
uct and service marks shall apply to base marks. with the 
necessary adaptations. 
(Applications) Section II 
Registration Procedure 
Subsection I 
National Registration 
Art. 181.-( 1) Applications for registration of trade­
marks shall be made by a request. drawn up in Portuguese 
on the appropriate printed form. containing or indicating: 
(a) the applicant's name. trade name or company 
name. nationality and residence or place of business; 
(b) the products or services covered by the trademark. 
grouped in accordance with the classes of the Interna­
tional Classification and specified using accurate terms. 
preferably the terms appearing in the alphabetical list 
contained in the aforementioned classification; 
(c) express mention that the mark is a collective or 
base mark; 
(d) express mention that the mark is a three­
dimensional or sound mark: 
(e) the registration number of any award reproduced 
or mentioned in the trademark: 
(/) the colors used in the trademark. if they are 
claimed as a distinctive element: 
(g) graphic representation of the sounds or pieces of 
music contained in the trademark; 
(h) if the applicant wishes to claim the right of prior­
ity. the country. date and number of the first application: 
(i) two graphic representations of the trademark. if 
possible a photocopy or drawing. printed or glued in the 
space provided on the application form; 
(j) whether the trademark is industrial or commercial. 
if the applicant so desires. 
(2) Applications for collective or base marks shall 
also indicate the legal or statutory provisions governing 
their use. 
(3) The application shall be signed by the applicant or 
his legal representative. 
(Elements Accompanying the Application) 
Art. 182.-(1) The following documents, in duplicate, 
shall be attached to the application and shall meet the re-INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
quirements stipulated by a decision of the Minister re­
sponsible for the area of industry: 
(a) two graphic representations of the trademark; 
(h) a photoprint or any other support; 
(c) authorization of the proprietor of the foreign 
trademark for which the applicant is the agent or repre­
sentative in Portugal: 
(d) authorization of any person other than the appli­
cant whose name. trade name. company name. emblem or 
picture appears in the trademark; 
(e) authorization for the inclusion in the trademark of 
any flags. coats of arms. shields, escutcheons or emblems 
belonging to the State. municipalities or other Portuguese 
or foreign public or private bodies. badges, stamps or 
seals. being official. fiscal or of guarantee, private em­
blems or the name of the Red Cross or other similar orga­
nizations; 
(/) diplomas conferring any honor or other distinc­
tion that are mentioned or reproduced in the trademark 
and are not to be considered as awards in accordance 
with the express concept contained in the following 
chapter; 
(g) certificate issued by the competent register attest­
ing to the right to include in the trademark the name of or 
any reference to a particular urban or rural property and 
the authorization of the proprietor to do so. if he is not the 
applicant; 
(h) authorization of the proprietor of an earlier regis­
tration and. if applicable. of the holder of an exclusive 
license provided that the contract does not stipulate oth­
erwise. for the purposes of Article 189, paragraph (2). 
(2) If the elements mentioned in subparagraphs (c) 
to (h) are not filed, the priority of the application shall 
not be lost. 
(3) If the trademark contains inSCrIptIOns in 
little-known characters. the applicant shall file a trans­
literation thereof and. if possible. a translation of the in­
scriptions. 
(Language to be Used for the Wording of Trademarks) 
Art. 183.-(1) Wording included in trademarks shall 
be in Portuguese. 
(2) Any term having the general appearance of a Por­
tuguese word shall be considered as being worded in 
Portuguese. 
(3) The terms of this Article shall not, however, pre­
vent the use of Latin words. 
(4) The terms of this Article and its paragraphs shall 
not apply to: 
(a) trademarks to be used simultaneously in Portugal 
and abroad, which may be worded in any language; 
(b) internationally registered trademarks and trade­
marks whose applicants are not resident or established in 
Portugal. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1990 
(5) Any person wishing to benefit from the provisions 
of subparagraph (a) of the preceding paragraph shall. 
within a non-extended period of 12 months after the dale 
of the application filed in Portugal. present proof of hav­
ing applied for the same registration in any other member 
State of the Paris Convention. under penalty of the 
refusal or lapse of the registration. 
(Unity of Registration) 
Art. 184. The same trademark designating the same 
product or service may only be the subject of one regis­
tration. 
(Publication of the Application) 
Art. 185.-(1) Notice of the filing of the application 
indicating the classification of the trademark shall be 
published in the Industrial Property Bulletin so that those 
who consider themselves prejudiced by the possible grant 
of the registration may file oppositions. 
(2) It shall be the responsibility of the National Insti­
tute of Industrial Property to check the classification of 
the products and services in the respective classes. in ac­
cordance with the Nice Agreement. and to carry out any 
corrections required. 
(Oppositions) 
Art. 186. Oppositions shall be filed within two 
months after the date of publication of the Bulletin con­
taining the application. 
(Subsequent Formalities in the Procedure) 
Art. 187.-(1) On the expiry of the opposition time 
limit or once the opposition proceedings have ended. an 
examination of the application shall be made by the Na­
tional Institute of Industrial Property. consisting mainly 
and compulsory of the examination of the trademark un­
der application. comparing it with trademarks registered 
for the same product or service or similar or like products 
or services. after \l, hich an opinion shall be given on the 
file and it shall be submitted for decision. which may be 
the grant, refusal or provisional refusal of the registra­
tion. 
(2) The decision shall be given within 18 months af­
ter the date of publication of the Industrial Property Bul­
letin containing the application. 
(3) Registration shall be granted if the examination 
does not reveal any grounds for refusal and any opposi­
tions filed are considered to be groundless. 
(4) Registration shall be refused if it is considered 
that the opposition is well-founded. 
(5) Registration shall be provisionally refused if the 
examination reveals grounds for refusal and any opposi­
tions filed are considered to be groundless. IP/N/lIPRT/I/l 
Page 37 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(6) The applicant shall be notified immediately of the 
provisional refusal. 
(7) The applicant shall reply to the notice of provi­
sional refusal within two months. otherwise the refusal 
shall automatically become final. 
(8) If. in view of the applicant's reply, the National 
Institute of lndustrial Property considers that the refusal 
is groundless or that the objections raised have been rec­
tified, a decision shall be given within 90 days after the 
filing of the reply. \vithout prejudice to the provisions of 
Article I I. paragraph (7). 
(9) If, in the light of the applicant's reply, there is no 
alteration in the assessment already made. the provisional 
refusal shall become final. 
(10) The time limit stipulated in paragraph (7) may 
be extended once for the same period by a decision of 
the President of the National Institute of Industrial Prop­
erty. 
(11) The applicant shall be notified of the final deci­
sion of grant or refusal, indicating the Bulletin in which 
notice thereof is to be published. 
(Grounds for the Refusal of a Registration) 
Art. 188.-( I) Registration of trademarks shall be re­
fused: 
(a) if they consist of signs unable to be graphically 
represented: 
(b) if they consist exclusively of signs or indications 
mentioned in Article 166. paragraph (I); 
(e) if it is found that the provisions of Article 169 
have been infringed. 
(2) In the case provided for in subparagraph (e) of the 
preceding paragraph. instead of the registration being re­
fused. its total or partial assig.nment to the proprietor may 
be granted. if he ~o requests. 
(3) Registration of a trademark consisting exclusive­
ly of signs or indications mentioned in Article 166. para­
graph (1). subparagraphs (h) and (C) shall not be refused 
if the trademark has acquired distinctive character. 
(Other Grounds for Refusal) 
Art. J 89.-(1) Registration shall also be refused in the 
case of trademarks which violate the provisions of Arti­
cles 165, 168 and 183 or which, in any or all of their ele­
ments, contain: 
(a) flags, coats of arms, shields and other emblems 
belonging to the State. municipalities or other Portuguese 
or foreign public bodies, without the respective authori­
zation; 
(b) badges. stamps or seals, being official, fiscal or of 
guarantee, in respect of trademarks intended for products 
or services identical or similar to those to which they are 
applied, unless authorization is obtained; IP/N/lIPRT 1111 
Page 38 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(c) heraldic insignia or escutcheons. medals. decora­
tions, surnames. titles and distinctions of honor to which 
the applicant has no right or. when he has the right. if 
disrespect or discredit of a similar sign is caused: 
(d) the emblem or name of the Red Cross or other 
bodies to which the Portuguese Government has granted 
the exclusive right to their use. unless special authoriza­
tion is obtained; 
(e) fancy medals or designs liable to be confused with 
official decorations or medals and awards conferred at 
official meetings and exhibitions; 
(/) a trade name. company name or name or emblem 
of an establishment which does not belong to the appli­
cant of the registration or which he is not authorized to 
use, or merely the characteristic part thereof. if it is liable 
to mislead or confuse consumers; 
(g) personal names or pictures without the consent of 
the persons concerned or, if deceased. their heirs or rela­
tives to the fourth degree or. when consent is obtained, if 
disrespect or discredit of such persons is caused; 
(h) signs that infringe copyrights or industrial prop­
erty rights; 
(i) signs with symbolic meaning, namely religious 
symbols, unless authorization is obtained; 
(j) expressions or figures that are contrary to moral­
ityor against Portuguese or Community law or public 
order; 
(I) signs that are liable to mislead the public, name­
ly as to the kind, qualities. purpose or geographical 
origin of the product or service designated by the trade­
mark; 
(m) a reproduction or imitation as a whole or in part 
of a trademark previously registered by another. for the 
same product or service or a similar or like product or 
service. which may mislead or confuse consumers. 
(2) In order to obtain the grant of the registration of a 
trademark which is confusingly similar to a previously 
registered trademark and which would not mislead the 
public as to the quality of the product or service. it is nec­
essary to obtain the authorization of the proprietor of 
such registration and. if applicable, the holder of an ex­
clusive license. provided that the respective contract does 
not stipulate otherwise. 
(Protection of Well-Known Trademarks) 
Art. 190.-(1) Registration shall be refused in the case 
of trademarks which constitute. as a whole or essentially. 
the reproduction. imitation or translation of another 
trademark well known in Portugal to belong to a national 
of any of the member States of the Union. if it is applied 
to identical or similar products or services and is confus­
ingly similar to such trademark. 
(2) Parties interested in the refusal of the registrations 
mentioned in the preceding paragraph may only intervene 
in the respective proceedings after they have filed an ap­
plication for registration of the trademark giving rise to 
and grounds for such interest. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(Protection of Trademarks of High Renown) 
Art. J9J. Without prejudice to the provisions of the 
preceding Article. registration shall also be refused if the 
trademark, even if it designates products or services 
which are not similar, is graphically or phonetically iden­
tical or similar to an earlier trademark enjoying high re­
nown in Portugal or the European Community and 
whenever use of the later trademark unjustly intends to 
derive undue benefit from the distinctive character or 
prestige of the trademark or may prejudice these aspects. 
(Partial Refusal) 
Art. 192. When there are grounds for the refusal of a 
registration in respect of only some of the products or ser­
vices included in the application. refusal shall cover 
these products or services only. 
(Concept of Imitation) 
Art. 193.-(1) A registered trademark shall be consid­
ered as being imitated or usurped by another trademark. 
as a whole or in part, when the following circumstances 
occur simultaneously: 
(a) if the registered trademark has priority; 
(b) if the trademarks are intended to designate identi­
cal products or services or products or services with obvi­
ous affinity: 
(c) if they display graphic. figurative or phonetic sim­
ilarity that is liable to easily mislead or confuse consum­
ers or cause a risk of association with a previously 
registered trademark. so that consumers would only be 
able to distinguish the two trademarks by means of a 
careful examination or comparison thereof. 
(2) Partial imitation or usurpation of a trademark may 
comprise the use of a particular fancy expression forming 
part of a trademark previously registered by another or 
merely the external appearance of the packaginl! or ~Tap­
ping. with the respective colors and layout ot wordinl!. 
medals or awards. so that persons who a;e unable to inte;­
pret them cannot distinguish them from others adopted by 
holders of legitimately used trademarks. particularly 
those of international prestige or repute. 
(Special Registration Process) 
Art. 194.-( I) The applicant of a trademark registra­
tion of Portuguese nationality or with residence or place 
of business in Portugal who. in accordance with the terms 
of the Madrid Agreement concerning the international 
registration of trademarks and its Protocol. when ratified 
by Portugal. wishes to protect the same trademark in the 
States which are party or come to be party to this Agree­
ment or Protocol. shall request in the application the 
early examination thereof. 
(2) These applications shall be published in the In­
dustrial Property Bulletin as urgently as possible in a spe-INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH Itlc)(} 
cial section and the National Institute of Industrial Prop­
erty shall examine the applirJtions and give a decision 
thereon taking into account the period of priority. 
(3) As from the puhlication of the Bulletin containing 
the application. there shall be a one-month period during 
which oppositions may be filed by those who consider 
themselves prejudiced by the possible grant of the regis­
tration. 
(-+) If the application is totally granted. the applicant 
shall proceed with the corresponding international appli­
cation within one month after the date of the decision. 
(5) If the international application is not filed within 
this time limit. the Portuguese national registration shall 
lapse. 
(6) If the application is partially granted, the appli­
cant may proceed \',:ith the international application in re­
spect of the products protected. observing the provisions 
of paragraphs (4) and (5). or request that the application 
be republished in full in the Industrial Property Bulletin. 
followed by the procedural stipulations of Article 185. 
paragraph (I) and Article 186. remaining unaffected. the 
priorities to which the applicant is entitled. 
(7) If it is considered that the application cannot be 
granted. the applicant may request that it be republished 
in the Industrial Property Bulletin, in accordance with the 
preceding paragraph. 
(8) The republication of the application provided for 
in paragraphs (6) and (7) shall be requested within two 
months otherwise the decision shall be revoked or the file 
closed. as the case may be. 
(9) The final decision of grant or refusal shall be 
communicated to the applicant indicating the Bulletin in 
which notice thereof is to be published. 
(Declaration of Intention to L..;e) 
An. 195.-( I) E\'ery five ~ears. computed from the 
date of registration. exrept the ~ ears w hen renewal fees 
are due. a declaration of intention to use the trademark 
shall be filed at the National Institute of Industrial Prop­
erty. without which it shall be presumed that the trade­
mark is no longer in use. 
(2) The declaration mentioned in the preceding para­
graph shall be filed during the period of one year, which 
shall begin six months before and expire six months after 
the expiry of the respective five-year period. 
(3) Trademarks for which no declaration is filed shall 
not be opposable to third parties and the lapse of the re­
spective registration shall be declared at the request of any 
interested party or if third party rights are prejudiced dur­
ing the grant proceedings in respect of other registrations. 
(4) If the lapse of the registration is neither requested 
nor declared the registration shall once again be consid-IP IN 11 IPRT1II 1 
Page 39 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
ered to be in force. on condition that the proprietor pro­
vides proof of use of the trademark. 
(5) Even if proof of use of the trademark is not filed. 
renewal may be accepted. but the registration shall still 
be subject to the paragraphs (3) and (4). 
(6) For international registrations. the time limit in 
which to file declarations of intention to use shall be 
computed from the date of the international registration. 
(7) If an extension is granted after registration. this 
declaration cannot be required before the end of the fifth 
year after the date of the extension. 
Subsection II 
International Registration 
(Right to the Registration) 
Art. 196.-(1) The proprietor of a trademark registra­
tion of Portuguese nationality or with his residence or 
place of business in Portugal may, in accordance with the 
terms of the Madrid Agreement concerning the interna­
tional registration of trademarks, protect his trademark in 
the States which are party or become party to this Agree­
ment. 
(2) The applicant of a trademark registration of Portu­
guese nationality or with his residence or place of busi­
ness in Portugal may, in accordance with the terms of the 
Protocol relating to the Agreement mentioned in the pre­
ceding paragraph. when ratified by Portugal, protect his 
trademark in the States which are party or become party 
to this Protocol. 
(Application) 
Art. 197. International applications shall be drawn up 
on the appropriate printed form and filed at the ~ational 
Institute of Industrial Property. in accordance with the 
terms of the Agreement or the Protoco\. 
(Renunciation of the Registration) 
Art. 198. The proprietor of an international registra­
tion may at any time renounce protection of his trade­
mark. as a whole or in part. in one or more of the States 
where it is protected. by means of a simple declaration 
supplied to the National Institute of Industrial Property, 
to be communicated to the International Bureau. 
(Modifications to the Registration) 
Art. /99.-0) The National Institute of Industrial 
Property shall notify the International Bureau of any 
modifications to Portuguese national trademarks which 
may have an effect on the international registration, for 
the purposes of inclusion in the latter, publication and 
notification of the contracting States that have granted 
protection to the trademarks. IP/N/1/PRT/IIl 
Page 40 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(2) Requests for the assignment of trademarks to per­
sons without legal capacity to obtain an international reg­
istration shall be rejected. 
(Publication of the Application) 
Art. 200. Notice of the application for protection in 
Portugal shall be published in the Industrial Property 
Bulletin so that those who consider themselves prejudiced 
by the possible grant of protection may file oppositions. 
(Oppositions) 
Art. 201. Oppositions shall be filed within two 
months after the date of publication of the Bulletin con­
taining the notice. 
(Procedural Formalities) 
Art. 202.-(1) The provisions of Article 187, para­
graphs (l) and (3) to (9) shall apply to international regis­
trations. 
(2) The subsequent steps in the procedure shall also 
be governed by the provisions that apply to Portuguese 
national registrations and the provisions of the Madrid 
Agreement and the Protocol. 
(Refusal of the Registration) 
Art. 203. Protection of international registrations in 
Portuguese territory shall be refused in the event of any 
of the grounds for the refusal of Portuguese national reg­
istrations. 
Section III 
Effects of the Registration 
(Legal Presumption of the Registration) 
.4rt. 204. Registration shall imply only legal pre­
sumption of the novelty or difference of the trademark in 
respect of previously registered trademarks. 
(Term of the Registration) 
Art. 205. The term of the registration shall be 
10 years as from the date of the respective grant and shall 
be indefinitely renewable for equal periods of time. 
(Indication of the Registration) 
Art. 206. During the term of the registration, its pro­
prietor may use on the products the words "Marca regis­
rada" ("Registered mark"), the initials "M.R.," or simply 
the symbol "R" or ®. 
(Rights Conferred by a Registration) 
Art. 207. A registration shall confer upon its propri­
etor the right to prohibit third parties from using in their INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
economic acti"ity, without his consent, any sign which i.., 
identical or confusingly similar to his trademark in rela­
tion to produ(ts or .. en·ices that are identical or similar to 
those for whidl the trademark is registered, or any sign 
which, due to the identity or similarity of the signs or the 
affinity between the products or services, creates in the 
mind of the consumer a risk of confusion which includes 
a risk of assodation between the sign and the trademark. 
(Scope of the Right) 
Art. 208.-t 1) The rights conferred by a registration 
shall not permit the proprietor to prohibit the use of the 
trademark for products marketed in the Community under 
the same trademark by the proprietor or with his consent. 
(2) The provisions of the preceding paragraph shall 
not be applicable whenever there are legitimate reasons 
for the proprietor to oppose further marketing of the 
products, namely if the condition of the products is mod­
ified or altered after they have been put on the market. 
(Limitation of the Rights Conferred by a Registration) 
Art. 209. The right conferred by a registration shall 
not permit the proprietor to prohibit third parties from 
using any of the following in their economic activity, 
provided that such use is in accordance with honest prac­
tices and usage in industrial and commercial matters: 
(a) their own name and address; 
(b) indications concerning the kind, quality, quantity. 
purpose, value. geographical origin, the time of produc­
tion of the product or of rendering of the service or any 
other characteristics of the products or services; 
(c) the trademark. where it is necessary to indicate the 
purpose of a product or service, namely as an additional 
or complementary item. 
(inalterability of Trademarks) 
Art. ::'10.-( I) Trademarks shall remain unaltered and 
any change in their component elements shall require a 
new registration. 
(2) This Article shall exclude simple modifications 
that do not prejudice the identity of the trademark and 
only affect its proportions, the material on which it is 
stamped, engra\'ed or reproduced or the ink or color, if 
the color is not expressly claimed as one of the character­
istics of the trademark. 
(3) The inclusion or elimination of the express indi­
cation of the product or service for which the trademark 
is intended, or any modification concerning the residence 
or place where the proprietor is established, shall not 
prejudice the identity of the trademark. 
(4) Word marks shall only be subject to the rules of 
inalterability as regards their component expressions and 
may be used with any device provided that it does not 
infringe third party rights. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 199f> 
(Assignment) Section IV 
Assignmelll and Licenses 
Art. 211.-( I) Conveyance of the establishment shall 
imply the assignment of the application or proprietorship 
of the trademark, unless otherwise stipulated. 
(2) The application or proprietorship of a registered 
trademark may be assigned separately from the establish­
ment, provided that this does not mislead the public as to 
the origin of the product or service or the characters nec­
essary for it to be understood. 
(3) If the assignment is partial in respect of the prod­
ucts or services a copy of the file shall be requested. to be 
used as the basis for an independent registration, includ­
ing the right to the certificate of registration. 
(Limitations of the Assignment) 
Art. 212. Trademarks registered in the name of bodies 
that oversee or control economic activities cannot be 
assigned, unless specially stipulated by law or in their 
statutes. 
(Licenses) 
Art. 213.-(1) The proprietor of a registration may in­
voke the rights conferred by the registration against any 
licensee who infringes any of the clauses of the contract. 
in particular with respect to the period of validity. the 
constitution of the trademark, the kind of products or ser­
vices for which the license was granted, the delimitation 
of the area or territory or the quality of the products man­
ufactured or services rendered by the licensee. 
(2) An exclusive license agreement may allow the 
licensee to grant sublicenses. 
Section \. 
Termination of the Trad('11/ork Registration or 
Rights Deri\·ed Therefrom 
(Annulment) 
Art. 214.-(1) As well as the cases stipulated in Arti­
cle 33, the registration may be annulled if the beneficiary 
has no right to the registration. namely: 
(a) if the grant of the registration infringed provisions 
stipulating authorization or consent and this has not been 
given; 
(b) if the registration was granted to the agent or rep­
resentative of the proprietor of a trademark in one of the 
countries of the Union without the authorization of such 
proprietor. 
(2) Parties interested in the annulment of registrations 
based on Article 190 shall apply for registration of the 
trademark on which the request for annulment is based. IP/N/IIPRTIIIl 
Page 41 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(3) In the case provided for by paragraph (I). sub­
paragraph (h) the proprietor may reque!!t at the National 
Institute of Industrial Property the assignment of the reg­
istration in his favor. instead of the annulment thereof. 
(4) The registration cannot be annulled on the 
grounds mentioned in Article 33. paragraph (I). subpara­
graph (h) if the earlier trademark cited in opposition does 
not meet the requirements of serious use. in accordance 
with Article 216. paragraph (5). 
(5) Annulment actions may be brought within 
10 years after the date of the grant of the registration. 
without prejudice to the provisions set forth hereunder. 
(6) There is no time limit in respect of the right to re­
quest the annulment of a trademark registered in bad faith. 
(Limitation in Consequence of Acquiescence) 
Art. 215.-( I) Where the proprietor of a registered 
trademark has acquiesced. for a period of five consecu­
tive years. in the use of a later registered trademark while 
being aware of such use. he shall no longer be entitled on 
the basis of his earlier trademark, to request the annul­
ment of the later trademark registration or oppose the use 
thereof in respect of the products and services for which 
the later trademark has been used, unless registration of 
the later trademark was effected in bad faith. 
(2) The five-year period stipulated in the preceding 
paragraph is for lapse and shall be computed from the 
time when the proprietor took knowledge or should have 
taken knowledge of the fact. 
(3) The proprietor of the later registered trademark 
shall not be entitled to oppose the earlier right. even 
though the earlier right may no longer be invoked against 
the later trademark. 
( Lapse) 
Art. 216.-( I) As well as the cases stipulated in Arti­
cle 36. the registration shall lapse: 
(0) if the trademark is not put to serious use over a 
period of five consecutive years, without just reason and 
without prejudice to the provisions of paragraphs (5) 
to (9); 
(h) if the trademark is modified in such a way as to 
prejudice its identity. 
(1) The registration shall also lapse if. after the date 
of registration: 
(a) the trademark becomes the usual designation in 
commerce for the product or service for which it was reg­
istered, as a result of the activity or inactivity of the pro­
prietor; 
(b) the trademark becomes liable to mislead the pub­
lic, namely as to the kind. quality and geographical origin 
of the products or services, as a result of use thereof by 
the proprietor of the trademark or by a third party with IP/NI1/PRT/II 1 
Page 42 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
the consent of the proprietor. for the products or services 
for which it was registered. 
(3) A collective mark registration shall also lapse: 
(a) if the corporate body in whose name the mark was 
registered ceases to exist: 
(h) if such corporate body permits the mark to be used 
in a manner contrary to its general purposes or statutory 
provisions. 
(4) A base mark registration shall lapse if the base 
mark is used without the specific mark. 
(5) The following shall be deemed to be serious use 
of the trademark: 
(a) exportation of products or services; 
(b) use of the trademark that differs from the form in 
which it was registered only in respect of elements which 
do not modify the distinctive character of the mark. 
(6) Use with the consent of the proprietor shall be 
considered as use of a collective mark. 
(7) Use made by a qualified person shall be consid­
ered as use of a certification mark or a guarantee mark. 
(8) The registration shall not lapse if serious use of 
the trademark has been started or resumed before the 
lapse action is filed. 
(9) The commencement or resumption of use during 
the three months immediately preceding the filing of the 
lapse action, as from the end of the uninterrupted 
five-year period of non-use, shall, however, be disregard­
ed where preparations for the commencement or resump­
tion of use occur only after the proprietor becomes aware 
that a lapse action may be filed. 
(10) The period mentioned in paragraph ( 1). subpara­
graph (a). shall commence upon registration of the trade­
mark. which in the case of international trademarks shall 
be the date of registration at the International Bureau. 
(11) If there are grounds for the lapse of the registra­
tion in respect of only some of the products or services 
for which the registration was effected. cancellation shall 
only cover these products or services. 
Chapter V 
Awards 
Section I 
General Provisions 
(Registrable Awards) 
Art. 217. The following shall be considered as 
awards: 
(a) decorations of merit conferred by the Portuguese 
Government or by foreign governments; INDUSTRIAL PROPERTY 
LA WS AND TREA TIES 
(h) medals. diplomas and prizes in money or of any 
other nature ohtained at official or officially recognized 
exhibitions. fairs and competitions held in Portugal or 
abroad; 
(c) diplomas and certificates of analysis or commen­
dation issued by Portuguese State departments or labora­
tories or other competent bodies; 
(d) titles of supplier to the Portuguese Head of State. 
Government or other Portuguese or foreign official estab­
lishments or organizations; 
(e) any other prizes or demonstrations of preference 
of an official character. 
(Conditions Governing the Indication of Awards) 
Art. 218.-( I) Unregistered awards may not be added 
to any trademark or name or emblem of establishment. 
(2) Awards may not be applied to products or ser­
vices other than those for which they were conferred. 
(Proprietorship of Awards) 
Art. 219. Awards of any kind granted to industrials. 
traders. farmers and other businessmen shall constitute 
their own property. 
(Application) Section 11 
Registration Procedure 
Art. 220. Award applications shall be made by a re­
quest, drawn up in Portuguese on the appropriate printed 
form. indicating: 
(a) the applicant's name. trade name or company 
name. nationality and residence or place of business; 
(b) the awards to be registered. the bodies that con­
ferred them and the respective dates: 
(c) the products or services in respect of which the 
awards were conferred: 
(d) name of establishment to which the award relates. 
as a whole or in part. 
(Elements Accompanying the Application) 
Art. 221.-(1) The award application shall be ac­
companied by originals or certified photocopies of 
the diplomas or other documents attesting to the grant 
thereof. 
(2) Proof of the grant of the award may also be pro­
vided by means of a duly legalized copy of the official 
publication in which the award was conferred or pub­
lished, or merely the part necessary and sufficient for 
identification thereof. 
(3) The National Institute of Industrial Property may 
request Portuguese translations of diplomas or other 
documents drawn up in foreign languages. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(4) Award registrations shall imply the prior registra­
tion of the name of establishment. 
(5) Notice of the filing of the application and the re­
spective decision shall be published in the Industrial 
Property Bulletin. 
(~efusal of the Registration) 
Art. 222. Registration of awards shall be refused: 
(a) if. by their \'ery nature. they do not come under 
any of the categories stipulated in the present statute: 
(b) if it is proven that they have been applied to prod­
ucts or services other than those for which they were con­
ferred: 
(c) if proprietorship thereof is assigned without the 
establishment or respective part thereof: 
( d) if it is shown that the a ward has been revoked or 
does not belong to the applicant. 
(Return of Documents) 
Art. 223.-(1) On the expiry of the time limit for 
appealing against the grant or refusal of the registra­
tion. the diplomas or other documents contained in the 
file shall be returned to the applicant upon request and 
shall be substituted in the file by certified phOto­
copies. 
(2) The return of documents to applicants shall be 
done by means of a receipt to be attached to the file. 
Section III 
[/se and Assignment 
(Indication of Awards) 
Art. 224. The use of legitimately obtained awards 
shall be permitted without registration. but the term 
"Recompensa reRistada" (""Registered award") or the 
abbreviations ··R.R .... "RR" or RR may only be used with 
rderences thereto or copies thereof after such registration 
has been effected. 
(Legal Formalities and Record of the Registration) 
Art. 225. Assignment of the proprietorship of awards 
shall be effected in accordance with the legal formalities 
required for the assignment of the property to which they 
relate. 
Section IV 
Termination of Award Registrations 
(Annulment) 
Art. 226. The registration may be annulled if the right 
to the award is annulled. (Lapse) IP/N/lIPRT/I/l 
Page 43 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Art. 227.-( I) Registration shall lapse if the grant of 
the award is revoked or canceled by any person having 
legal capacity to do so. 
(2) The lapse of the registration shall extinguish the 
right to use the award. 
Chapter VI 
Names and Emblems of Establishment 
Section I 
General Provisions 
(Right to Names and Emblems) 
Art. 228. Any person having a legitimate interest. 
namely farmers industrialists. breeders. traders and other 
businessmen resident or established in any part of Portu­
guese territory. shall have the right to adopt a name or 
emblem to designate or make known their establishment. 
in accordance with the provisions set forth hereunder. 
(Composition of Names of Establishment) 
Art. 229. Names of establishment may consist of: 
(a) fancy or specific designations; 
(b) historical names, with the exception of those the 
use of which would be detrimental or offensive to the es­
teem in which such names are generally held; 
(c) the name of the property or premises of the estab­
lishment, when this is admissible or when accompanied 
by a distinctive element: 
(d) the name. trade name. company name, pseudonym 
or coined name of the proprietor. 
(Composition of Emblems of Establishment) 
Art. 230.-( 1) An emblem of establishment may con­
sist of any external sign composed of figures or designs. 
alone or combined with the names or designations men­
tioned in the preceding Article or other words or devices, 
provided that the whole constitutes a specific form or 
configuration as a distinctive and characteristic element. 
(2) The ornamentation of frontages and the parts of 
shops. warehouses or factories exposed to the public. as 
well as the colors of a tlag. may constitute emblems that 
perfectly distinguish the respective establishment. 
(Exceptions to Protection) 
Art. 231.-( 1) The following may not form part of 
names or emblems of establishment: 
(a) any personal name. trade name or company name 
that does not belong to the proprietor of the estab­
lishment. unless consent or the legitimate use thereof is 
proven; IP/N/1/PRT/l/l 
Page 44 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(h) expressions such as "former warehouse." "former 
company," "former factory" and other similar terms re­
ferring to an establishment whose name or emblem is reg­
istered in the name of another. unless the consent of the 
respective proprietor is proven: 
(c) expressions such as "former employee." "former 
proprietor:' "former manager" and other similar terms re­
ferring to another individual person or corporate body. 
unless the consent of the latter is proven: 
(d) indications of relationship and the terms "heir." 
"successor," "representative" or "agent" and other simi­
lar terms, unless the legitimate use thereof is proven; 
(e) the contents of Article 188. paragraph (1) and Ar­
ticle 189 in respect of trademarks: 
(/) elements constituting a trademark or industrial 
model or design protected by another for products manu­
factured or sold in the establishment for which the name 
or emblem is intended; 
(g) names, designations. figures or designs that 
constitute a reproduction or imitation of a name or 
emblem already registered by another in Portuguese 
territory; 
(h) words or phrases in a foreign language other than 
simple geographical designations. unless the establish­
ment belongs to nationals of the respective country; 
(i) designations such as "national," "Portuguese," 
"luso-," "lusitanian" and other terms with a similar mean­
ing, if the establishment does not belong to an individual 
person or corporate body of Portuguese nationality. 
(2) Authorization to use names. symbols or other 
such elements shall be considered as assignable by legal 
succession, unless expressly restricted. 
(3) The provision of paragraph (\). subparagraph (g) 
shall not prevent two or more persons with identical sur­
names from including them in the name or emblem of the 
respective establishment. provided that they are perfectly 
distinguishable. 
(Rights Conferred by Names and Emblems) 
Art. 232. Proprietorship and exclusive use of names 
and emblems of establishment shall be guaranteed by 
their registration. without prejudice to the provisions of 
Article 8 of the Paris Convention. 
Section 11 
Registration Procedure 
(Name and Emblem Applications) 
Art. 233.-( I) Name of establishment applications 
shall be made by a request. drawn up in Portuguese, on 
the appropriate printed form. indicating: 
(a) the name. trade name or company name, national­
ity, residence and place of business of the proprietor; 
(b) the name to be registered. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(2) Emblem of establishment applications shall be 
made by a request. drawn up in Portuguese. on the appro­
priate printed form. indicating: 
(a) the name. trade name or company name. national­
ity, residence and place of business of the proprietor; 
(b) two graphic representations of the emblem. if pos­
sible a photocopy or drawing. printed or glued in the 
space provided on the application form. 
(3) Emblem registrations that include references to 
any awards shall require the latter to be registered. 
(4) Registered names or emblems may be used on 
other establishments by the same proprietor. with or 
without registration. 
(Elements Accompanying the Application) 
Art. 234. The following documents. in duplicate. 
shall be attached to the application and shall meet the re­
quirements stipulated by a decision of the Minister re­
sponsible for the area of industry: 
(a) certificate issued by the land registry or any other 
document attesting that the applicant is the legal propri­
etor of the establishment; 
(b) document attesting that the appl icant owns the es­
tablishment in fact and not as a matter of form. unless the 
establishment is an agricultural property; 
(c) a photoprint or other support; 
(d) two graphic representations of the emblem; 
(e) documents attesting to any authorization or justi­
fication required. 
(Publication of the Application) 
Art. 235. Notice of the filing of the application 
shall be published in the Industrial Property Bulletin so 
that those who consider themselves prejudiced by the 
possible grant of the registration may file oppositions. 
(Opposition Time Limit) 
Art. 236. Oppositions shall be filed within two 
months from the date of publication of the Bulletin con­
taining the application. 
(Subsequent Formalities of the Procedure) 
Art. 237. On the expiry of the opposition time limit or 
once the opposition proceedings have ended. the applica­
tion shall be studied. whereby the name or emblem shall 
be examined and compared with names and emblems that 
have already been registered. after which an opinion shall 
be given on the file and it shall be submitted for decision. 
(Refusal of the Registration) 
Art. 238. Registration of names or emblems that in­
fringe any of the express prohibitions of Article 231 shall 
be refused. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Modifications to Names or Emblems) 
Art. 239. Applications for registration of any modifi­
cations to names or emblems liable to prejudice the iden­
tity thereof shall be dealt with in accordance with the 
terms of the previous provisions. 
Section III 
Use and Assignment 
(Indication of the Name or Emblem) 
Art. 240. During the term of the registration. the pro­
prietor of the name or emblem has the right to add thereto 
the designation "Nome registado" ("Registered name") 
or "Insignia registada" ("Registered emblem"), the ini­
tials "N.R. " or ·'LR. ,. or simply "NR" or "IR" or NR 
or IR. 
(Inalterability of Names and Emblems) 
Art. 241.-( I) During the term of the exclusive right 
and under penalty of lapse, the composition or form of 
names and emblems of establishment shall remain un­
modified, but the materials of which they are made or to 
which they are applied and their position on the establish­
ment may be changed. 
(2) The inalterability of names and emblems shall not 
be affected by additions, eliminations or other modifica­
tions which simply concern the assignment of the propri­
etorship of the establishment. a change of premises or 
any other legitimate cause. 
(3) The inalterability of names shall also be subject to 
the provisions applicable to word marks under Arti­
cle 210, paragraph (4). 
(Term) 
Art. 2-12. The term of the registration shall be 
20 years as from the date of the respective grant and can 
be renewed indefinitely for equal periods of time. 
(Record of Assignment) 
Art. 243. Assignment of the proprietorship of names 
or emblems shall be effected in accordance with the legal 
formalities necessary for the assignment of the establish­
ment to which they relate. 
(Annulment) 
Art. 244. As well as the cases stipulated in Article 33. 
the registration may be annulled if in the grant thereof the 
provisions requiring authorization or consent were in­
fringed. 
(Lapse) 
Art. 245. As well as the cases stipulated in Article 36. 
name or emblem registrations shall lapse: IP/NIlIPRTIII 1 
Page 45 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(a) if the respective establishment is closed or goes 
into liquidation: 
(h) if the name or emblem is not used over a period of 
five consecutive years: 
(c) if the name or emblem is modified in such a way 
as to prejudice its identity. 
Chapter VII 
Logos 
(Composition of Logos) 
Art. 246. Compositions consisting of letters that may 
or not be associated to drawings shall be considered as 
logos, provided that the whole constitutes a specific form 
or configuration as a distinctive and characteristic ele­
ment suitable for indicating any body that renders ser­
vices or offers products. 
(Right to Logos) 
Art. 247. Any public or private individual or collec­
tive body with legitimate interest shall be entitled to ap­
ply for the registration of a logo. 
(Rules Applicable) 
Art. 248.-( I) All the provisions of this Code applica­
ble to emblems shall apply to logos with the necessary 
adaptations. 
(2) In order to prove the existence in fact and not as a 
matter of form of the body to be designated by the logo 
and justify the elements contained therein or the accom­
panying expressions, any suitable document may be 
used. 
Chapter VIII 
Appellations of Origin 
and Geographical Indications 
Section I 
General Prol'isions 
(Definition and Proprietorship) 
Art. 249.-( 1) An appellation of origin shall be con­
sidered to be the name of a region. a specific locality or in 
exceptional cases a country used to designate or identify 
the following types of products: 
(a) products originating from the region. specific lo­
cality or country in question; 
( b) products the quality or characteristics of which 
are essentially or exclusively due to the geographical en­
vironment. including natural and human factors, and the 
production, transformation and creation of which are car­
ried out in the demarcated geographical area. IP/N/1/PRT/I/l 
Page 46 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(2) Appellations of origin may also include certain 
traditional designations. whether geographical or not. in­
dicating a product which comes from a region or specific 
locality and which meets the requirements stipulated in 
subparagraph (b) of the preceding paragraph. 
(3) A geographical indication shall be considered to 
be the name of a region. a specific locality or in excep­
tional cases a country used to designate or identify the 
following types of products: 
(a) products originating from the region. specific lo­
cality or country in question; 
(b) products the reputation. specific quality or other 
characteristics of which may be attributed to such geo­
graphical region and/or the production, transformation 
and creation of which are carried out in the demarcated 
geographical area. 
(4) An appellation of origin and geographical indica­
tion, when registered. shall constitute the common prop­
erty of the residents or persons who are actually and 
seriously established in the locality, region or territory 
and may be used indiscriminately by persons who, in the 
respective area, work any field of characteristic produc­
tion. 
(5) The exercising of this right shall not depend on 
the extent of the working or the nature of the products, 
and the appellation of origin or geographical indication 
may thus be applied to any characteristic product origi­
nating from the locality, region or territory, under tradi­
tional and usual or duly regulated conditions. 
(Regional Demarcation) 
Art. 250. If the boundaries of the locality. region or 
territory to which a particular appellation or indication 
belongs have not been demarcated in a legal statute and if 
no other method has been provided for this purpose. the 
boundaries shall be declared by the officially recognized 
bodies responsible for the respective area and field of 
production, which shall take into consideration bona fide 
and established practices. in conjunction with the higher 
interests of national or regional economy. 
(Rights Conferred by the Registration) 
Art. 25 J .-( I) The appellation of origin or geogra­
phical indication registration shall confer the right to 
prohibit: 
(a) the use by third parties, in the designation or pre­
sentation of a product, of any sort of indication or sug­
gestion that the product in question originates from a 
geographical region other than the true place of origin in 
such a way as to mislead the public as to the geographical 
origin of the product; 
(b) any use that constitutes an act of unfair competi­
tion, within the tenns of Anicle lObis of the Paris Con­
vention (1967). INDUSTRIAL PROPERTY 
LA WS AND TREA TIES 
(2) Words constituting a legally defined, protected 
and monitored appellation of origin or geographical indi­
cation may not include in any form designations, tags. 
labels. advertisements or any other documents con­
cerning products that do not originate from the respective 
demarcated regions. 
(3) This prohibition shall be applicable even if the 
true origin of the products is mentioned or if the words 
constituting the appellation or indication are accompa­
nied by qualifiers such as "kind," "type," "quality." 
"rival of," "superior to" or a specific indication of the 
region: this shall also apply to the use of any expression. 
display or graphic combination liable to confuse the con­
sumer. 
(4) The terms of the previous paragraphs shall not 
prevent the seller from applying his name. address or 
trademark on the products originating from a region or 
country different from the one where the products are 
sold. However, in such cases the trademark of the pro­
ducer or manufacturer shall not be removed. 
Section J/ 
Registration Procedure 
Subsection I 
National Registration 
(Application and Registration) 
Art. 252.-(1) Applications for appellations of origin 
or geographical indications shall be made by a request. 
drawn up in Portuguese on an appropriate printed form .... ' 
indicating: 
(a) the name of the individual persons or corporate 
bodies. public or private. with capacity to acquire the reg­
istration; 
(b) the name of the product or products. including the 
appellation of origin or geographical indication; 
(e) the traditional conditions or regulations for use of 
the appellation or the indication and the boundaries of the 
respective locality, region or territory. 
(2) Where applicable, the grant procedure shall be the 
same as for the registration of names of establishment. 
(3) The certificate of registration shall be drawn up in 
the name of the applicant body. 
(Refusal of the Registration) 
Art. 253. Registration of an appellation of origin or 
geographical indication shall be refused: 
(a) if it was applied for by a party without legal 
capacity to acquire it; 
(b) if it cannot be considered as being an appellation 
or indication. in accordance with the tenns of Arti­
cle 249; INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(c) if it constitutes a reproduction or imitation of a 
previously registered appellation or indication: 
(d) if it is liable to mislead the public. namely as to 
the nature. quality and geographical origin of the respec­
tive product; 
(e) if it violates industrial property rights or copy­
right. is against the law. public order or morality or if it 
may encourage acts of unfair competition. 
Subsection 11 
International Registration 
(Application Format) 
Art. 254.-( I) The bodies mentioned in Article 252, 
paragraph (I), may only apply for international registra­
tions for their appellations of origin in accordance with 
the provisions of the Lisbon Agreement of October 31, 
1958. 
(2) Applications for international registrations shall 
be filed at the National Institute of Industrial Property, in 
accordance with the provisions of the Lisbon Agreement. 
(3) The protection of appellations of origin registered 
under the Lisbon Agreement shall be subject to the provi­
sions governing the protection of appellations of origin in 
Portugal, insofar as this does not violate the terms of the 
Agreement. 
Section III 
Effects and Cancellation of the Registration 
(Term of the Registration) 
Art. 255.-(1) Appellations of origin and geographical 
indications shall be of unlimited duration and the propri­
etorship thereof shall be protected by the application of 
the provisions against false indications of origin. irre­
spective of the registration and whether or not it forms 
part of a registered trademark. 
(2) During the term of the registration, the following 
wording may be used on the products for which the re­
spective use is authorized: 
(a) "Denomina(iio de origem registada" ("Regis­
tered appellation of origin"), "Denomina(iio de origem 
protegida" ("Protected appel1ation of origin"), "OaR" or 
"oaP"; 
(b) "Indica~iio geografica registada" ("Registered 
geographical indication"). "lndica~iio geografica prote­
gida" ("Protected geographical indication"), IGR or IGP. 
(Lapse) 
Art. 256.-( 1) A registration shall lapse at the request 
of any interested party if, by virtue of bona fide, tradi­
tional and established commercial practices, the appella­
tion of origin or geographical indication becomes a IP/N/lIPRT/IIl 
Page 47 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
simple generic designation for a manufacturing system or 
a particular type of product known exclusively by such 
appellation or indication. 
(2) Wine products, medicinal mineral waters and oth­
er products with a geographical appellation of origin cov­
ered by special protective and supervisory legislation in 
the respective country shall be exempt from the provi­
sions of this Article. 
PART III 
INFRINGEMENTS 
Chapter I 
Infringements Against Industrial Property 
Section I 
General Prorisions 
(Industrial Property Guarantees) 
Art. 257. Industrial property shall have the guaran­
tees established under Portuguese law for property in 
general and shall be specially protected in accordance 
with the terms of the present statute and other laws and 
conventions in force. 
(Subsidiary Right) 
Art. 258. The rules laid down in Decree-Law No. 28/ 
84 of January 20. 1984 shall apply subsidiarily insofar as 
they do not violate the provisions of this Code, namely in 
respect of the criminal liability and liability for unlawful 
acts on the part of corporate bodies and liability incurred 
by acting in the name of another. 
<Possibility of Inspection) 
Art. 259. The inspection of products and services in 
defense of industrial property rights may be carried out at 
any stage and in all sectors of the production process. in­
cluding the public sector. 
Section 11 
CriminalOffenses 
(Unfair Competition) 
Art. 260. Any person who commits an act of competi­
tion contrary to honest practices and usage in any field of 
activity, with the intention of causing damages to another 
or for the illegal benefit of himself or a third party, shall 
incur a prison sentence of up to three years or a fine accu­
mulating for up to 360 days, namely: 
(a) acts liable to cause confusion with the establish­
ment, products, services or credit of competitors, what­
ever the means employed; IP IN 11 IPRT 11/1 
Page 48 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(b) false statements made during the course of trade 
or industry, for the purpose of discrediting the est ab I ish­
ment, products, services or reputation of competitors; 
(c) unauthorized statements or references made in re­
spect of a name, establishment or trademark belonging to 
another: 
(d) false indication of one's own credit or reputation 
as regards the capital or financial situation of the estab­
lishment, the nature or scope of its activities and business 
and the quality or quantity of its clientele; 
(e) deceptive advertising and false specifications or 
indications in respect of the nature, quality and utility of 
products or merchandise; 
{/} false indications of origin, locality, region or terri­
tory, factory, workshop, property or establishment, what­
ever the means employed; 
(g) use of registered appellations of origin or fancy 
names, when not in accordance with traditional, usual or 
statutory provisions; 
(h) suppression, concealment or modification, on the 
part of the seller or any intermediary, of the appellation 
of origin of the products or registered trademark of the 
producer or manufacturer on products which are intended 
for sale and the packaging of which has not been modi­
fied; 
(i) illegal appropriation, use or disclosure of industry 
or trade secrets belonging to another. 
(Violation of the Exclusive Rights to the Invention) 
Art. 261. A prison sentence of up to three years or a 
fine accumulating for up to 360 days shall be incurred by 
any person who prejudices the patentee in the exercising 
of his rights, with the intention of causing damages to 
another or for the illegal benefit of himself or third par­
ties, by: 
(a) manufacturing, without a license from the paten­
tee, the articles or products protected by the patent: 
(b) employing or applying. without such license. the 
methods or processes protected by the patent: 
(c) importing, selling, putting on sale or into circula­
tion or concealing in bad faith products obtained in any 
of the ways mentioned above. 
(Patent Obtained in Bad Faith) 
Art. 262.-( 1) Any person who. in bad faith, obtains 
the grant of a patent for an invention which does not le­
gitimately belong to him or which does not differ essen­
tially from another earlier invention shall incur a prison 
sentence of up to one year or a fine accumulating for up 
to 120 days. 
(2) In the event of the circumstances of Article 33, 
paragraph (1), subparagraph (b), the court shall officially 
revoke the patent in the decision convicting the respec­
tive party of the crime stipulated in the present Article. 
(3) Any person who sells, puts on sale or conceals 
objects manufactured or obtained through the working of INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
a patent conferred under the circumstances mentioned in 
paragraph (I), in the knowledge thereof, shall incur a 
prison sentence of up to one year or a fine accumulating 
for up to 120 days. 
(Violation of the Exclusive Rights Conferred by Models 
and Designs) 
Art. 263. A prison sentence of up to three years or a 
fine accumulating for up to 360 days shall be incurred by 
any person who. obtaining illegal benefits or intentional­
ly causing damages to another: 
(a) produces, manufactures or uses the object protect­
ed by a utility model without a license from the proprietor 
thereof; 
(b) imports, conceals. sells, puts on sale or puts into 
circulation the products obtained by the means indicated 
in the preceding subparagraph; 
(c) reproduces or imitates an industrial model or de­
sign as a whole or in any of its characteristic elements 
without the consent of the proprietor thereof: 
(d) works, introduces into Portugal, sells, puts on sale 
or puts into circulation the objects protected by a repro­
duced or imitated model or design; 
(e) works a registered model or design belonging to 
another. 
(Counterfeiting, Imitation and Illegal Use of Trademarks) 
Art. 264. A prison sentence of up to two years or a 
fine accumulating for up to 240 days shall be incurred by 
any person who. with the intention of causing damages to 
another or for obtaining illegal benefits: 
(a) totally or partially counterfeits or in any way re­
produces a registered trademark. without the consent of 
the proprietor; 
(b) imitates a registered trademark, as a whole or in 
any of its characteristic elements: 
( c) uses counterfeit or imitated trademarks: 
(d) uses, infringes or imitates well-known trademarks 
or trademarks of high renown whose registration has 
been applied for in Portugal: 
( e) displays on his products a registered trademark 
belonging to others; 
{/} uses his registered trademark on products belong­
ing to others in such a way as to deceive the consumer as 
to the origin of the products. 
(2) Any person who sells. puts on sale or puts into 
circulation products or articles with a trademark that is 
counterfeit, imitated or used under the circumstances 
mentioned in the preceding paragraph, in the knowledge 
thereof, shall incur a prison sentence of up to one year or 
a fine accumulating for up to 120 days. 
(Preparatory Acts) 
Art. 265. Any person who, with the intention of pre­
paring to commit the acts mentioned in paragraph (1) of INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
the preceding Article. manufactures. imports. acquires or 
keeps for himself or another signs that constitute regis­
tered trademarks shall incur a prison sentence of up to 
one year or a fine accumulating for up to 120 days. 
(Increased Penalty) 
Art. 266. The penalties stipulated in Articles 260 to 
265 shall be increased by a third in respect of their mini­
mum and maximum limits if the offenses are committed 
by an employee or former employee of the injured party 
or with the complicity thereof. 
(Illegal Reference to or Use of Awards) 
Art. 267. A prison sentence of up to one year or a fine 
accumulating for up to 120 days shall be incurred by any 
person who, with the intention of causing damages to an­
other or obtaining illegal benefits: 
(a) refers to or mentions an award registered in the 
name of another; 
(b) uses or falsely claims to be the holder of an award 
which was not granted to him or which has never existed; 
(c) uses designs or any indication imitating awards to 
which he has no right, in correspondence or advertising 
matter, on the signboards, frontages or windows of his 
establishment or in any other way. 
(Violation of Rights Conferred by Names and Emblems) 
Art. 268.-( 1) A prison sentence of up to one year or a 
fine accumulating for up to 120 days shall be incurred by 
any person who, with the intention of causing damages to 
another or for the illegal benefit of himself or third par­
ties: 
(a) falsely claims to possess an establishment in order 
to obtain the registration of a name or emblem, for the 
sole purposes of speculation or unfair competition; 
(h) uses on his establishment. in advertisements 
or correspondence or in any other manner, a name or 
emblem which is a reproduction or which constitutes an 
imitation of a name or emblem already registered by 
another for an establishment situated in Portuguese 
territory. 
(2) Article 193 of this Code shall be correspondingly 
applicable for defining imitation of a name or emblem. 
Section III 
Unlawful Acts 
(Use of Illicit Trademarks) 
Art. 269. A fine of between 50,000 and 500,000 escu­
dos shall be incurred by any person who, with the inten­
tion of causing damages to another or for the illegal 
benefit of himself or third parties commits any of the fol­
lowing acts. This fine shall be between 600,000 and 
6.000,000 escudos in the case of corporate bodies: IPINI lIPRT 1111 
Page 49 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
(a) infringement of the provisions of Article 189 by 
wrongfully using in a trademark any of the signs men­
tioned in subparagraphs (a) to (g) of such Article: 
(b) use of trademarks containing expressions or fig­
ures that are against the law, public order or morality; 
(c) use of trademarks with false indications as to the 
origin or nature of the products; 
(d) sale or putting on sale of products or articles with 
trademarks prohibited by the previous paragraphs. 
(Failure to Use Compulsory Trademarks) 
Art. 270. Any person who manufactures, markets or 
imports products or renders services without a trademark 
when a trademark is compulsory for these products or 
services shall incur a fine of between 20,000 and 400,000 
escudos. This fine shall be between 200,000 and 
4,000,000 escudos in the case of corporate bodies. 
(Undue Use of Names or Emblems) 
Art. 271. Any person who illegitimately uses in his 
name or emblem of establishment, whether registered or 
not, the expressions. names or figures mentioned in Arti­
cle 231, paragraph (1), subparagraphs (a) to (f) shall in­
cur a fine of between 20,000 and 300,000 escudos. This 
fine shall be between 200,000 and 3,000,000 escudos in 
the case of corporate bodies. 
(False Reference to or Undue Use of Private Rights) 
Art. 272. A fine of between 40,000 and 400,000 escu­
dos shall be incurred by any person or between 500,000 
and 5,000,000 escudos in the case of any corporate body 
that: 
(a) claims, in any manner, to be the holder of any of 
the industrial property rights stipulated in this statute, 
when such rights do not belong to him, have been de­
clared null and void or have lapsed; 
(b) unduly uses or applies the indications of registra­
tion authorized only to the holders of such rights by Arti­
cles 95. 132. 161, 206 and 240; 
(c) uses, as holder of an industrial property right, 
such right for products or services other than those that 
the registration protects. 
(Assistants) Section 1V 
Procedure 
Art. 273. Apart from the persons entitled under Portu­
guese Criminal Procedure Law to act as prosecutors, em­
ployers, syndicates and legally created interested 
associations shall have legal capacity to intervene as 
prosecutors in the criminal proceedings provided for un­
der this Code. IP/N/1/PRT/l/l 
Page 50 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(Seizure at Customs) 
Art. 274.-( I) Any products or merchandise which 
directly or indirectly bear false indications or appella­
tions of origin or trademarks or names that are illegally 
used or applied or display evidence of an offense stipu­
lated in this Code, shall be seized by Customs during the 
act of importation or exportation. 
(2) Seizure shall be carried out on the initiative of the 
actual customs authorities. which shall immediately in­
form the interested party. whether an individual person or 
a corporate body, allowing such party to rectify the ob­
ject of the preventive seizure. without prejudice, howev­
er, to liabilities that have already been incurred. 
(3) The seizure may subsequently be confirmed or re­
requested by the competent judicial authority, at the in­
stigation of the Portuguese Public Prosecutor or at the 
request of the injured party. 
(Body Competent to Institute Proceedings in Respect of 
Unlawful Acts) 
Art. 275. The institution of proceedings in respect of 
the unlawful acts provided for under this Code shall fall 
within the competence of the Inspec<;ao-Geral das Activ­
idades Econ6micas ("Portuguese Bureau of Economic 
Activities"). 
(Body Competent to Apply Fines and Additional Penal­
ties) 
Art. 276. The fines and additional penalties provided 
for under this Code shall fall within the competence of 
the President of the National Institute of Industrial Prop­
erty. 
(Destination of Fines) 
Art. 277. Sixty percent of the fines applied shall con­
stitute revenue of the Portuguese State. 20% revenue of 
the National Institute of Industrial Property and 20% rev­
enue of the Portuguese Bureau of Economic Activities. 
(Fixing of Fees) PARTlY 
FEES 
Art. 278. For the various acts stipulated in this stat­
ute, fees shall be due as stipulated by a joint decree of the 
Minister of Finance and Minister of Industry and Energy. 
(Methods of Payment) 
Art. 279.-(1) All payments shall be made in cash, by 
cheque or by postal order together with the applications 
for the acts provided for, and they shall constitute reve­
nue of the National Institute of Industrial Property. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(2) Once the fees have been paid, they shall be pro­
cessed in accordance with the public accounting regula­
tions that apply to the National Institute of Industrial 
Property. 
(Time Limits for Payment) 
Art. 280.-( I) Fees in respect of patents, models and 
designs, for which annuities shall be computed from the 
date of application. shall be paid as fol1ows: 
(a) fees in respect of the first two annuities due shall 
be included in the application fees; 
(b) fees in respect of the third annuity and the certifi­
cate and any annuities already accrued shal1 be paid after 
the date of the grant decision up to the anniversary of the 
application following the date of publication of the deci­
sion. to which three months are added; 
(c) subsequent annuity fees shal1 be paid annually 
during the final six months of validity of the right. 
(2) Fees in respect of registrations, the duration of 
which shall be computed from the date of grant. shall be 
paid as follows: 
(a) together with the fees for the respective certifi­
cate, after the date of grant up to a maximum period of six 
months after the date of publication of the grant in the 
Industrial Property Bulletin; 
(b) fees for the renewal of a registration shall be paid 
during the final six months of its validity. 
(Fines. Revalidation) 
Art. 281.-( 1) The fees mentioned in the previous Ar­
ticle may be paid. with a fine, up to a maximum of six 
months after the validity of the right, under penalty of 
lapse. 
(2) It is possible to request the revalidation of any 
patent, model or design certificate that has lapsed due to 
failure to pay fees. up to the anniversary of the applica­
tion following the date of publication of the notice of 
lapse. to which three months are added. 
(3) It is also possible to request the revalidation of 
any certificate of registration that has lapsed due to fail­
ure to pay fees up to one year after the date of publication 
of the notice of lapse. 
(4) The revalidation mentioned in paragraphs (2) 
and (3) may only be authorized upon payment of three 
times the amount of the outstanding fees and without 
prejudice to third party rights. 
(Reduction of Fees) 
Art. 282.-( 1) Applicants for patents, models or de­
signs who prove that they do not have sufficient income 
to bear the expenses in respect of applications and the 
maintenance of rights, shall be exempt from the payment 
of 80% of all fees. up until the seventh annuity, if they so 
request before filing the respective application. INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
(2) It shall be the responsibility of the President of 
the National Institute of Industrial Property to examine 
the proof mentioned in this Article and give a decision on 
the request made. 
(Refunding: of Fees) 
Art. 283.-( I) The fees mentioned in the previous pro­
visions shall not be refunded to the parties. 
(2) By a decision of the President of the ~ational 
Institute of Industrial Property. unduly paid fees may. 
however. be refunded at the request of the interested 
party. 
(3) Amounts of money paid to cover fees for unautho­
rized inspections or inspections which were withdrawn in 
due time shall be refunded at the request of the party that 
made the payment. 
(Suspension of the Payment of Fees) 
Art. 284.-(1) If legal action concerning any industrial 
property right is pending in court or if the seizure or at­
tachment made in respect of such right is not lifted. the 
respective patent. deposit or registration shall not lapse in 
default of payment of periodical fees that may have fallen 
due. 
(2) Once any of the decisions mentioned in the 
preceding paragraph have become res judicata. notice 
thereof shall be published in the Industrial Property 
Bulletin. 
(3) Following publication of the notice mentioned in 
the preceding paragraph. all outstanding fees shall be 
paid. with no fine. by the deadline applicable as indicated 
below: 
(a) for patents. models and designs. up to the anniver­
sary of the application following the date of publication 
of the notice. to which three months are added: 
(h) for any other industrial property rights. up to one 
year after the date of publication of the notice. 
(4) If. on the expiry of the time limits stipulated in the 
previous paragraphs. any outstanding fees have not been 
paid. the respective industrial property right shall be de­
clared to have lapsed. 
(5) The interested party shall request in court that the 
official notification necessary be furnished to the Nation­
al Institute of Industrial Property. The judge shall also 
inform the National Institute of Industrial Property. ex 
officio or at the request of the interested party. as soon as 
the legal action has ended or the seizure or attachment 
has been lifted. 
(Rights Belonging to the State) 
Art. 285. Industrial property rights belonging to the 
Portuguese State shall be subject to the fonnalities and 
duties stipulated in respect of an application, grant or reg-IP/N/l/PRT/l/1 
Page 51 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
istration and renewal'i and revalidations thereof when 
worked or used by companies of any kind. 
PART V 
INDUSTRIAL PROPERTY BULLETIN 
(BOLETlM DA PROPRIEDADE INDUSTRIAL) 
(Industrial Property Bulletin) 
Art. 286. The Industrial Property Bulletin (Boletim da 
Propriedade Industria/) shall be published monthly as an 
appendix to the Didrio dtl Repuhlica. 
(Contents of the Bulletin) 
Art. 287.-( I) The following shall be published in the 
Industrial Property Bulletin: 
(a) notice of applications in the various categories. 
oppositions. replies and other notices; 
(h) notification of decisions: 
(c) grants and refusals: 
(d) renewals and revalidations: 
(e) declarations of renunciation; 
(j) assignments; 
(g) lapsed certificates: 
(h) examinations and reports concerning industrial 
property and related matters; 
(i) judicial decisions which have been given in ap­
peals or which establish industrial property jurispru­
dence; 
(j) Portuguese and foreign legislation of interest to 
the international legal movement for the protection of in­
dustrial property: 
(/) charts and statistics: 
(m) other acts and matters of which the public must 
be informed. 
(2) The Bulletin ma~ also contain. in addition to any 
announcements concerning the matter in question. the 
addresses of practicing official agents. 
(Bulletin Index) 
Art. 288. At the beginning of every year. the compe­
tent authorities shall draw up an index of all matters con­
tained in the Bulletin during the preceding year. 
(Distribution of the Bulletin) 
Art. 289.-( 1) The Bulletin may be distributed to any 
interested Portuguese authorities and academic institu­
tions. the World Intellectual Property Organization, for­
eign industrial property authorities and other Portuguese 
and foreign entities on an exchange basis. ' 
(2) The Bulletin may also be acquired by any interest­
ed party on payment of the respective subscription or the 
price of a single copy indicated on it. IP/N/lIPRT /Ill 
Page 52 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -MARCH 1996 
PART VI 
PROTECTION IN MACAO 
(Registration of Trademarks) 
Art. 290.-( 1) In the territory of Macao. the Depart­
ment of Economy shall be competent for receiving docu­
mentation concerning the protection of rights in respect 
of trademarks and for taking the steps necessary for such 
rights to become effective in Macao. 
(2) At the Department of Economy of Macao. action 
can only be taken and the prosecution of proceedings 
handled by: 
(a) the actual interested party or the holder of the 
right. if established or resident in Portugal or Macao: 
(b) official industrial property agents; 
(c) appointed lawyers. 
(3) If. during the prosecution of a particular act. the 
regulations governing legal representation stipulated in 
this Article are violated. the provisions of Article 10, 
paragraph (3) shall be applied. 
(Filing of Applications) 
Art. 291.-(1) Macao trademark applications may be 
filed at the National Institute of Industrial Property or at 
the Department of Economy of Macao. which shall for­
ward them to the Institute. 
(2) The terms of this Article shall apply to any re­
quests made. in respect of trademarks. as provided for 
under the present Code. 
(3) The Department of Economy of Macao shall indi­
cate the date and time of filing on all applications re­
ceived. 
(Publication of Applications) 
Art. 292.-( I) Macao trademark applications for regis­
tration shall be published separately in the Industrial 
Property Bulletin. in accordance with the legal formali­
ties specified in this Code for the registration of Portu­
guese national trademarks. 
(2) The Department of Economy of Macao shall pub­
lish in the Official Bulletin of Macao the trademark appli­
cations for this territory. as well as any notices consid­
ered necessary. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(3) Applications and the respective photoprint filed at 
the Department of Economy of Macao shall be sent on a 
weekly basis to the National Institute of Industrial Prop­
erty. keeping a copy in the respective sections of the De­
partment. 
(4) The duplicates of Macao applications filed at the 
National Institute of Industrial Property shall be sent, 
with the respective photoprint. to the Department of 
Economy of Macao. 
(5) Macao registrations shall be granted or refused 
within a time limit of three months computed from the 
date on which the file becomes ready to have an opinion 
given and then be submitted for decision. The Director of 
the Trademark Department of the National Institute of 
Industrial Property shall be responsible for the judicious 
management of this time limit. 
(6) The National Institute of Industrial Property shall 
send five copies of the Industrial Property Bulletin to the 
Department of Economy of Macao. 
(7) Fees due for action taken in respect of each appli­
cation shall be collected by the authorities where the ap­
plication is filed. 
(Extension to Macao) 
Art. 293.-(1) With respect to registrations exclusive­
ly applied for Macao, if the examination carried out by 
the National Institute Industrial Property reveals similar­
ity to an earlier trademark which has been only applied 
for or granted in Portugal and which. in the examiner's 
opinion. may justify the refusal of the registration. the 
respective proprietor or applicant shall be notified to file 
an extension to Macao of his own application or registra­
tion, if desired. within a time limit of 90 days. during 
which he may file an opposition. 
(2) An earlier registration or application may only be 
considered as grounds for refusal if this notification is 
fulfilled. 
(3) The proprietor or applicant of an earlier registra­
tion valid only in Portugal may. on his own motion and 
without notification from the examiner. request the ex­
tension to Macao of his own registration and, if desired. 
file an opposition against the new application within a 
time limit of 90 days, computed from the date of publica­
tion of the Industrial Property Bulletin containing the ap­
plication. 