Portugal | 2019.01.21

The new Industrial Property Code was approved by Decree-Law No. 110/2018, of 10 December 2018.

Among the changes introduced by the New Code it is worth highlighting the authority entrusted to the Industrial Property National Institute to rule on annulment actions pertaining to certain industrial property rights (namely, trademarks). Also, the failure to put the trademark to genuine use can now be pleaded as a valid ground for defense in trademark opposition and infringement proceedings. 

Of particular relevance is the novel possibility of registering trademarks with no graphic representation, such as olfactory trademarks.

The new Code also now contains a chapter providing for trade secrets protection, a matter which therefore ceases to be considered as part of the concept of unfair competition and becomes subject to a separate regime.  

The provisions on trade secrets protection came into force on 1 January 2019, with the remaining provisions coming into effect on 1 July 2019.

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