Industrial Property Code*

(Decree-Law No. 16/95, of January 24, 1995)

PART I
GENERAL PART

Chapter I
General Provisions

(Social Function of Industrial Property)

(Scope of Industrial Property)

(Personal Scope of Application)

(System Applicable to Cases of More Than One Proprietor)

(Effects of the Registration)

(Proof of Industrial Property Rights)

(Supply of Certificates of Grant)

(Contents of Certificates)

(Calculation of Time Limits)

Chapter II
Administrative Procedure

(Entitlement to File and Take Action)

(Priority of Filing)

(Proof of the Priority Right)

(Loss of the Priority Right)

(Rectification of Deficiencies)

(Notarization of Signatures)

(Notifications)

(Time Limit to Reply)

(Copies of Briefs Filed)

(Subsequent Formalities)

(Inspections)

(Official Inspections)

(Filing of Documents)

(Attachment to the File and Return of Documents)

(Modification of the Decision ex officio)

(Grounds for Refusan( �/p>

(Amendment to Non-Essential Elements)

(Documents Attached to Other Files)

(Publication of Acts)

Chapter III
Assignment and Licenses

(Assignment)

(Contractual Licensing)

(Registering the Rights)

Chapter IV
Termination of Industrial Property Rights

(Revocation)

(Annulment)

(Procedure for the Declaration of Revocation and Annulment)

(Effects of the Declaration of Revocation)

(Lapse)

(Renunciation)

Chapter V
Appeal

Section I
Judicial Appeal

(Persons Entitled to Appean( �/p>

(Time Limit of Appean( �/p>

(Reply; Submission of the File)

(Consultation of the File by the Opposing Party)

(Request for Technical Experts)

(Appeal Against a Judicial Decision)

(Publication of the Final Decision)

Section II
Guarantees

(Preliminary Injunction System)

Section III
Ministerial Appeal

(Ministerial Appean( �/p>

PART II
INDUSTRIAL PROPERTY LEGAL SYSTEMS

Chapter I
Inventions

Section I
General provisions

(Subject Matter of the Patent)

(Limitations Regarding Subject Matter)

(Limitations Regarding the Patent)

(Requirements for Grant)

(State of the Art)

(Non-Opposable Disclosures)

(Right to the Patent)

(Employees' Rights)

(Inventor's Right)

(Priority Right)

Section II
Patent Procedure

Subsection I
National Route

(Form of Application)

(Documents to be Filed)

(Biotechnological Inventions)

(Time Limit for Submission of the Specification and Drawings)

(Unity of the Invention)

(Publication of the Application and Rights Conferred)

(Examination Report)

(Publication of the Notice of Acceptance of Grant or Refusan( �/p>

(Partial Grant)

(Opposition)

(Publication)

(Publication of the Complete Patent Specification)

(Grounds for Refusan( �/p>

(Notification of Grant to the Applicant)

Subsection II
European Route

(Scope)

(Filing of European Patent Applications)

(Languages in Which European Patent Applications May Be Drawn Up)

(Rights Conferred by Published European Patent Applications)

(Translation of the Complete Specification of the European Patent)

(Time Limit to File the Translation of the Complete Specification of the European Patent)

(Effecting of Translations)

(Publication of the Notice Concerning 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 National Patent Application)

(Conversion of a European Patent Application Into a Portuguese Utility Model Application)

(Dual Protection Prohibition)

(Annual Fees)

Subsection III
Patent Cooperation Treaty Route

(Definition and Scope)

(Filing of International Applications)

(Designated or Elected Office)

(Effects of International Applications)

(Time Limit to File the Translation of the International Application)

(Rights Conferred by Published International Applications)

(International Applications Containing Independent Inventions)

Section III
Effects of the Patent

(Scope of Protection; Reversal of the Burden of Proof)

(Term of the Patent)

(Indication of the Patent)

(Rights Conferred by a Patent)

(Private Use)

(Limitation of the Rights Conferred by a Patent)

(Scope of the Right)

(Non-Opposability)

(Legal Monopoly System)

Section IV
Conditions of Use

(Loss of a Patent)

(Compulsory Working)

(Certificate of Working)

(Compulsory Licenses)

(Insufficient Production of the Subject Matter of the Patent)

(Dependent Licenses)

(Public Interest)

(Non-Exclusive License)

(Application for the Grant of a Compulsory License)

(Application for Mediation by the National Institute of Industrial Property)

(Acceptance by the Institute to Mediate)

(Mediation Procedure)

(Agreement Between the Parties)

(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 Patent

(Invalidity)

(Lapse)

Chapter II
Utility Models

Section I
General Provisions

(Subject of the Moden( �/p>

(Exceptions to Protection)

(Employees' Rights; Inventor's Rights)

(Priority Right)

(Provisions Applicable)

Section II
Utility Model Procedure

(National Route; Provisions Applicable)

(International Route; Provisions Applicable)

(Grounds for Refusan( �/p>

Section III
Effects of the Utility Model

(Scope of Protection)

(Term)

(Indication of the Moden( �/p>

(Rights Conferred by the Moden( �/p>

Section IV
Conditions of Use

(Loss of the Moden( �/p>

(Compulsory License)

(Appeal Against the Decision to Grant or Refuse a License)

Section V
Termination of the Utility Model

(Invalidity)

(Lapse)

Chapter III
Industrial Models and Designs

Section I
General Provisions

(Subject of the Moden( �/p>

(Subject of the Design)

(Subject of Legal Protection)

(Artistic Works)

(Exceptions to Protection)

(Novelty)

(Non-Opposable Disclosures)

(Right to the Moden( �/p>

(Employees' Rights)

(Creator's Right)

(Priority Right)

Section II
Registration Procedure

(Form of Application)

(Documents to be Filed)

(Unity of the Application)

(Publication of the Application and Rights Conferred)

(Examination Report)

(Partial Grant)

(Oppositions)

(Publication)

(Grounds for Refusan( �/p>

(Notification of Grant to the Applicant)

Section III
Effects of Registration

(Term)

(Indication of the Model or Design)

(Rights Conferred by a Registration)

(Inalterability of Models and Designs)

Section IV
Invalidity of the Registration

(Invalidity)

Chapter IV
Trademarks

Section I
General Provisions

Subsection I
Product or Service Marks

(Composition of a Trademark)

(Exceptions)

(Proprietorship of the Trademark and Exclusive Rights Thereto)

(Right to the Registration)

(Extension of the Right to the Registration)

(Priority Right)

(Unregistered Trademark)

Subsection II
Collective Marks

(Definition of a Collective Mark)

(Association Mark)

(Certification Mark)

(Right to the Registration of Collective Marks)

(Provisions Applicable to Collective Marks)

Subsection III
Base Marks

(Definition of a Base Mark)

(Right to the Registration)

(Use of Base Marks)

(Provisions Applicable to Base Marks)

Section II
Registration Procedure

Subsection I
National Registration

(Applications)

(Elements Accompanying the Application)

(Language to be Used for the Wording of Trademarks)

(Unity of Registration)

(Publication of the Application)

(Oppositions)

(Subsequent Formalities in the Procedure)

(Grounds for the Refusal of a Registration)

(Other Grounds for Refusan( �/p>

(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 necessary to obtain the authorization of the proprietor of such registration and, if applicable, the holder of an exclusive 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 confusingly 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 application for registration of the trademark giving rise to and grounds for such interest.

(Protection of Trademarks of High Renown)

Art. 191. Without prejudice to the provisions of the preceding Article, registration shall also be refused if the trademark, even if it designates products or services which are not similar, is graphically or phonetically identical or similar to an earlier trademark enjoying high renown in Portugal or the European Community and whenever use of the later trademark unjustly intends to derive undue benefit from the distinctive character or prestige of the trademark or may prejudice these aspects.

(Partial Refusan( �/p>

Art. 192. When there are grounds for the refusal of a registration in respect of only some of the products or services included in the application, refusal shall cover these products or services only.

(Concept of Imitation)

Art. 193.-

(1) A registered trademark shall be considered as being imitated or usurped by another trademark, as a whole or in part, when the following circumstances occur simultaneously:

(a) if the registered trademark has priority;

(b) if the trademarks are intended to designate identical products or services or products or services with obvious affinity;

(c) if they display graphic, figurative or phonetic similarity that is liable to easily mislead or confuse consumers or cause a risk of association with a previously registered trademark, so that consumers would only be able to distinguish the 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 packaging or wrapping, with the respective colors and layout of wording, medals or awards, so that persons who are unable to interpret 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.-

(1) The applicant of a trademark registration 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 Agreement or Protocol, shall request in the application the early examination thereof.

(2) These applications shall be published in the Industrial Property Bulletin as urgently as possible in a special section and the National Institute of Industrial Property shall examine the applications and give a decision thereon taking into account the period of priority.

(3) As from the publication of the Bulletin containing the application, there shall be a one-month period during which oppositions may be filed by those who consider themselves prejudiced by the possible grant of the registration.

(4) If the application is totally granted, the applicant shall proceed with the corresponding international application within one month after the date of the decision.

(5) If the international application is not filed within this time limit, the Portuguese national registration shall lapse.

(6) If the application is partially granted, the applicant may proceed with the international application in respect 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 (1) 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 Use)

Art. 195.-

(1) Every five years, computed from the date of registration, except the years when renewal fees are due, a declaration of intention to use the trademark shall be filed at the National Institute of Industrial Property, without which it shall be presumed that the trademark is no longer in use.

(2) The declaration mentioned in the preceding paragraph 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 respective registration shall be declared at the request of any interested party or if third party rights are prejudiced during the grant proceedings in respect of other registrations.

(4) If the lapse of the registration is neither requested nor declared the registration shall once again be considered to be in force, on condition that the proprietor provides proof of use of the trademark.

(5) Even if proof of use of the 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 registration 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 international registration of trademarks, protect his trademark in the States which are party or become party to this Agreement.

(2) The applicant of a trademark registration of Portuguese nationality or with his residence or place of business in Portugal may, in accordance with the terms of the Protocol relating to the Agreement mentioned in the preceding 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 National Institute of Industrial Property, in accordance with the terms of the Agreement or the Protocol.

(Renunciation of the Registration)

Art. 198. The proprietor of an international registration may at any time renounce protection of his trademark, as a whole or in part, in one or more of the States where it is protected, by means of a simple declaration supplied to the National Institute of Industrial Property, to be communicated to the International Bureau.

(Modifications to the Registration)

Art. 199.-

(1) 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.

(2) Requests for the assignment of trademarks to persons without legal capacity to obtain an international registration 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 containing the notice.

(Procedural Formalities)

Art. 202.-

(1) The provisions of Article 187, paragraphs (1) and (3) to (9) shall apply to international registrations.

(2) The subsequent steps in the procedure shall also be governed by the provisions that apply to Portuguese national registrations and the provisions of the Madrid Agreement and the Protocol.

(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 registrations.

Section III
Effects of the Registration

(Legal Presumption of the Registration)

Art. 204. Registration shall imply only legal presumption 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 proprietor may use on the products the words "Marca registada" ("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 proprietor the right to prohibit third parties from using in their economic activity, without his consent, any sign which is identical or confusingly similar to his trademark in relation to products or services that are identical or similar to those for which the trademark is registered, or any sign which, due to the identity or similarity of the signs or the affinity between the products or services, creates in the mind of the consumer a risk of confusion which includes a risk of association between the sign and the trademark.

(Scope of the Right)

Art. 208.-

(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 modified 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 practices 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 production 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. 210.-

(1) 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, engraved or reproduced or the ink or color, if the color is not expressly claimed as one of the characteristics of the trademark.

(3) The inclusion or elimination of the express indication 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.

Section IV
Assignment and Licenses

(Assignment)

Art. 211.-

(1) Conveyance of the establishment shall imply the assignment of the application or proprietorship of the trademark, unless otherwise stipulated.

(2) The application or proprietorship of a registered trademark may be assigned separately from the establishment, provided that this does not mislead the public as to the origin of the product or service or the characters necessary for it to be understood.

(3) If the assignment is partial in respect of the products or services a copy of the file shall be requested, to be used as the basis for an independent registration, including the right to the certificate of registration.

(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 invoke the rights conferred by the registration against any licensee who infringes any of the clauses of the contract, in particular with respect to the period of validity, the constitution of the trademark, the kind of products or services for which the license was granted, the delimitation of the area or territory or the quality of the products manufactured or services rendered by the licensee.

(2) An exclusive license agreement may allow the licensee to grant sublicenses.

Section V
Termination of the Trademark Registration or
Rights Derived Therefrom

(Annulment)

Art. 214.-

(1) As well as the cases stipulated in Article 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 representative 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.

(3) In the case provided for by paragraph (1), subparagraph (b) the proprietor may request at the National Institute of Industrial Property the assignment of the registration in his favor, instead of the annulment thereof.

(4) The registration cannot be annulled on the grounds mentioned in Article 33, paragraph (1), subparagraph (b) 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 request the annulment of a trademark registered in bad faith.

(Limitation in Consequence of Acquiescence)

Art. 215.-

(1) Where the proprietor of a registered trademark has acquiesced, for a period of five consecutive years, in the use of a later registered trademark while being aware of such use, he shall no longer be entitled on the basis of his earlier trademark, to request the annulment of the later trademark registration or oppose the use 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.-

(1) As well as the cases stipulated in Article 36, the registration shall lapse:

(a) if the trademark is not put to serious use over a period of five consecutive years, without just reason and without prejudice to the provisions of paragraphs (5) to (9);

(b) if the trademark is modified in such a way as to prejudice its identity.

(2) 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 registered, as a result of the activity or inactivity of the proprietor;

(b) the trademark becomes liable to mislead the public, namely as to the kind, quality and geographical origin of the products or services, as a result of use thereof by the proprietor of the trademark or by a third party with the consent of the proprietor, 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;

(b) 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 considered as use of a certification mark or a guarantee mark.

(8) The registration shall not lapse if serious use of the trademark has been started or resumed before the lapse action is filed.

(9) The commencement or resumption of use during the three months immediately preceding the filing of the lapse action, as from the end of the uninterrupted five-year period of non-use, shall, however, be disregarded where preparations for the commencement or resumption of use occur only after the proprietor becomes aware that a lapse action may be filed.

(10) The period mentioned in paragraph (1), subparagraph (a), shall commence upon registration of the trademark, which in the case of international trademarks shall be the date of registration at the International Bureau.

(11) If there are grounds for the lapse of the registration in respect of only some of the products or services for which the registration was effected, cancellation shall only cover these products or services.

Chapter V
Awards

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;

(b) medals, diplomas and prizes in money or of any other nature obtained at official or officially recognized exhibitions, fairs and competitions held in Portugal or abroad;

(c) diplomas and certificates of analysis or commendation issued by Portuguese State departments or laboratories or other competent bodies;

(d) titles of supplier to the Portuguese Head of State, Government or other Portuguese or foreign official establishments or organizations;

(e) any other prizes or demonstrations of preference of an official character.

(Conditions Governing the Indication of Awards)

Art. 218.-

(1) Unregistered awards may not be added to any trademark or name or emblem of establishment.

(2) Awards may not be applied to products or services other than those for which they were conferred.

(Proprietorship of Awards)

Art. 219. Awards of any kind granted to industrials, traders, farmers and other businessmen shall constitute their own property.

Section II
Registration Procedure

(Application)

Art. 220. Award applications shall be made by a request, drawn up in Portuguese on the appropriate printed form, indicating:

(a) the applicant's name, trade name or company name, nationality and residence or place of business;

(b) the awards to be registered, the bodies that conferred them and the respective dates;

(c) the products or services in respect of which the awards were conferred;

(d) name of establishment to which the award relates, as a whole or in part.

(Elements Accompanying the Application)

Art. 221.-

(1) The award application shall be accompanied by originals or certified photocopies of the diplomas or other documents attesting to the grant thereof.

(2) Proof of the grant of the award may also be provided by means of a duly legalized copy of the official publication in which the award was conferred or published, or merely the part necessary and sufficient for identification thereof.

(3) The National Institute of Industrial Property may request Portuguese translations of diplomas or other documents drawn up in foreign languages.

(4) Award registrations shall imply the prior registration of the name of establishment.

(5) Notice of the filing of the application and the respective decision shall be published in the Industrial Property Bulletin.

(Refusal of the Registration)

Art. 222. Registration of awards shall be refused:

(a) if, by their very nature, they do not come under any of the categories stipulated in the present statute;

(b) if it is proven that they have been applied to products or services other than those for which they were conferred;

(c) if proprietorship thereof is assigned without the establishment or respective part thereof;

(d) if it is shown that the award 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 registration, the diplomas or other documents contained in the file shall be returned to the applicant upon request and shall be substituted in the file by certified photocopies.

(2) The return of documents to applicants shall be done by means of a receipt to be attached to the file.

Section III
Use and Assignment

(Indication of Awards)

Art. 224. The use of legitimately obtained awards shall be permitted without registration, but the term "Recompensa registada" ("Registered award") or the abbreviations "R.R.", "RR" or RR may only be used with references 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)

Art. 227.-

(1) 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 Portuguese 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 esteem in which such names are generally held;

(c) the name of the property or premises of the establishment, when this is admissible or when accompanied by a distinctive element;

(d) the name, trade name, company name, pseudonym or coined name of the proprietor.

(Composition of Emblems of Establishment)

Art. 230.-

(1) An emblem of establishment may consist of any external sign composed of figures or designs, alone or combined with the names or designations mentioned in the preceding Article or other words or devices, provided that the whole constitutes a specific form or configuration as a distinctive and characteristic element.

(2) The ornamentation of frontages and the parts of shops, warehouses or factories exposed to the public, as well as the colors of a flag, 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 establishment, unless consent or the legitimate use thereof is proven;

(b) expressions such as "former warehouse," "former company," "former factory" and other similar terms referring to an establishment whose name or emblem is registered in the name of another, unless the consent of the respective proprietor is proven;

(c) expressions such as "former employee," "former proprietor," "former manager" and other similar terms referring 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 similar terms, unless the legitimate use thereof is proven;

(e) the contents of Article 188, paragraph (1) and Article 189 in respect of trademarks;

(f) elements constituting a trademark or industrial model or design protected by another for products manufactured or sold in the establishment for which the name or emblem is intended;

(g) names, designations, figures or designs that constitute a reproduction or imitation of a name or emblem already registered by another in Portuguese territory;

(h) words or phrases in a foreign language other than simple geographical designations, unless the establishment belongs to nationals of the respective country;

(i) designations such as "national," "Portuguese," "luso-," "lusitanian" and other terms with a similar meaning, 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 (1), subparagraph (g) shall not prevent two or more persons with identical surnames 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 II
Registration Procedure

(Name and Emblem Applications)

Art. 233.-

(1) 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, nationality, residence and place of business of the proprietor;

(b) the name to be registered.

(2) Emblem of establishment applications shall be made by a request, drawn up in Portuguese, on the appropriate printed form, indicating:

(a) the name, trade name or company name, nationality, residence and place of business of the proprietor;

(b) two graphic representations of the emblem, if possible 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 requirements stipulated by a decision of the Minister responsible for the area of industry:

(a) certificate issued by the land registry or any other document attesting that the applicant is the legal proprietor of the establishment;

(b) document attesting that the applicant owns the establishment 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 justification 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 containing 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 application shall be studied, whereby the name or emblem shall be examined and compared with names and emblems that have already been registered, after which an opinion shall be given on the file and it shall be submitted for decision.

(Refusal of the Registration)

Art. 238. Registration of names or emblems that infringe any of the express prohibitions of Article 231 shall be refused.

(Modifications to Names or Emblems)

Art. 239. Applications for registration of any modifications to names or emblems liable to prejudice the identity thereof shall be dealt with in accordance with the terms of the previous provisions.

Section III
Use and Assignment

(Indication of the Name or Emblem)

Art. 240. During the term of the registration, the proprietor of the name or emblem has the right to add thereto the designation "Nome registado" ("Registered name") or "Insignia registada" ("Registered emblem"), the initials "N.R. " or "LR. " or simply "NR" or "IR" or NR or IR.

(Inalterability of Names and Emblems)

Art. 241.-

(1) During the term of the exclusive right and under penalty of lapse, the composition or form of names and emblems of establishment shall remain unmodified, but the materials of which they are made or to which they are applied and their position on the establishment may be changed.

(2) The inalterability of names and emblems shall not be affected by additions, eliminations or other modifications which simply concern the assignment of the proprietorship 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 Article 210, paragraph (4).

(Term)

Art. 242. 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 establishment 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 infringed.

(Lapse)

Art. 245. As well as the cases stipulated in Article 36, name or emblem registrations shall lapse:

(a) if the respective establishment is closed or goes into liquidation;

(b) if the name or emblem is not used over a period of five consecutive years;

(c) if the name or emblem is modified in such a way as to prejudice its identity.

Chapter VII
Logos

(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 element suitable for indicating any body that renders services or offers products.

(Right to Logos)

Art. 247. Any public or private individual or collective body with legitimate interest shall be entitled to apply for the registration of a logo.

(Rules Applicable)

Art. 248.-

(1) All the provisions of this Code applicable 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 accompanying expressions, any suitable document may be used.

Chapter VIII
Appellations of Origin
and Geographical Indications

Section I
General Provisions

(Definition and Proprietorship)

Art. 249.-

(1) An appellation of origin shall be considered to be the name of a region, a specific locality or in exceptional cases a country used to designate or identify the following types of products:

(a) products originating from the region, specific locality or country in question;

(b) products the quality or characteristics of which are essentially or exclusively due to the geographical environment, including natural and human factors, and the production, transformation and creation of which are carried out in the demarcated geographical area.

(2) Appellations of origin may also include certain traditional designations, whether geographical or not, indicating a product which comes from a region or specific locality and which meets the requirements 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 exceptional cases a country used to designate or identify the following types of products:

(a) products originating from the region, specific locality or country in question;

(b) products the reputation, specific quality or other characteristics of which may be attributed to such geographical region and/or the production, transformation and creation of which are carried out in the demarcated geographical area.

(4) An appellation of origin and geographical indication, when registered, shall constitute the common property of the residents or persons who are actually and seriously established in the locality, region or territory and may be used indiscriminately by persons who, in the respective area, work any field of characteristic production.

(5) The exercising of this right shall not depend on the extent of the working or the nature of the products, and the appellation of origin or geographical indication may thus be applied to any characteristic product originating from the locality, region or territory, under traditional and usual or 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. 251.-

(1) The appellation of origin or geographical indication registration shall confer the right to prohibit:

(a) the use by third parties, in the designation or presentation of a product, of any sort of indication or suggestion that the product in question originates from a geographical region other than the true place of origin in such a way as to mislead the public as to the geographical origin of the product;

(b) any use that constitutes an act of unfair competition, within the terms of Article 10bis of the Paris Convention (1967).

(2) Words constituting a legally defined, protected and monitored appellation of origin or geographical indication may not include in any form designations, tags, labels, advertisements or any other documents concerning products that do not originate from the respective demarcated regions.

(3) This prohibition shall be applicable even if the true origin of the products is mentioned or if the words constituting the appellation or indication are accompanied by qualifiers such as "kind," "type," "quality," "rival of," "superior to" or a specific indication of the region; this shall also apply to the use of any expression, display or graphic combination liable to confuse the consumer.

(4) The terms of the previous 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 producer or manufacturer shall not be removed.

Section II
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 registration;

(b) the name of the product or products, including the appellation of origin or geographical indication;

(c) 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 terms of Article 249;

(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 respective product;

(e) if it violates industrial property rights or copyright, is against the law, public order or morality or if it may encourage acts of unfair competition.

Subsection II
International Registration

(Application Format)

Art. 254.-

(1) The bodies mentioned in Article 252, paragraph (1), may only apply for international registrations 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 provisions 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 proprietorship thereof shall be protected by the application of the provisions against false indications of origin, irrespective of the registration and whether or not it forms part of a registered trademark.

(2) During the term of the registration, the following wording may be used on the products for which the respective use is authorized:

(a) "Denominação de origem registada" ("Registered appellation of origin"), "Denominação de origem protegida" ("Protected appellation of origin"), "DOR" or "DOP";

(b) "Indicação geográfica registada" ("Registered geographical indication"), "Indicação geográfica protegida" ("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, traditional and established commercial practices, the appellation of origin or geographical indication becomes a simple generic designation for a manufacturing system or a particular type of product known exclusively by such appellation or indication.

(2) Wine products, medicinal mineral waters and other products with a geographical appellation of origin covered by special protective and supervisory legislation in the respective country shall be exempt from the provisions of this Article.

PART III
INFRINGEMENTS

Chapter I
Infringements Against Industrial Property

Section I
General Provisions

(Industrial Property Guarantees)

Art. 257. Industrial property shall have the guarantees established under Portuguese law for property in general and shall be specially protected in accordance with the terms of the present statute and other laws and conventions in force.

(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, including the public sector.

Section II
Criminal Offenses

(Unfair Competition)

Art. 260. Any person who commits an act of competition contrary to honest practices and usage in any field of activity, with the intention of causing damages to another or for the illegal benefit of himself or a third party, shall incur a prison sentence of up to three years or a fine accumulating for up to 360 days, namely:

(a) acts liable to cause confusion with the establishment, products, services or credit of competitors, whatever the means employed;

(b) false statements made during the course of trade or industry, for the purpose of discrediting the establishment, products, services or reputation of competitors;

(c) unauthorized statements or references made in respect of a name, establishment or trademark belonging to another;

(d) false indication of one's own credit or reputation as regards the capital or financial situation of the establishment, the nature or scope of its activities and business and the quality or quantity of its clientele;

(e) deceptive advertising and false specifications or indications in respect of the nature, quality and utility of products or merchandise;

(f) false indications of origin, locality, region or territory, factory, workshop, property or establishment, whatever the means employed;

(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 modified;

(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 parties, by:

(a) manufacturing, without a license from the patentee, 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 circulation 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 legitimately belong to him or which does not differ essentially from another earlier invention shall incur a prison sentence of up to one year or a fine accumulating for up to 120 days.

(2) In the event of the circumstances of Article 33, paragraph (1), subparagraph (b), the court shall officially revoke the patent in the decision convicting the respective party of the crime stipulated in the present Article.

(3) Any person who sells, puts on sale or conceals objects manufactured or obtained through the working of a patent conferred under the circumstances mentioned in paragraph (1), 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 intentionally causing damages to another:

(a) produces, manufactures or uses the object protected 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 design 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 reproduced 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 reproduces a registered trademark, without the consent of the proprietor;

(b) imitates a registered trademark, as a whole or in any of its characteristic elements;

(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;

(f) uses his registered trademark on products belonging to others in such a way as to deceive the consumer as to the origin of the products.

(2) Any person who sells, puts on sale or puts into circulation products or 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 preparing to commit the acts mentioned in paragraph (1) of the preceding Article, manufactures, imports, acquires or keeps for himself or another signs that constitute registered trademarks shall incur a prison sentence of up to one year or a fine accumulating for up to 120 days.

(Increased Penalty)

Art. 266. The penalties stipulated in Articles 260 to 265 shall be increased by a third in respect of their minimum 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 another 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 parties:

(a) falsely claims to possess an establishment in order to obtain the registration of a name or emblem, for the sole purposes of speculation or unfair competition;

(b) 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 escudos shall be incurred by any person who, with the intention of causing damages to another or for the illegal benefit of himself or third parties commits any of the following acts. This fine shall be between 600,000 and 6,000,000 escudos in the case of corporate bodies:

(a) infringement of the provisions of Article 189 by wrongfully using in a trademark any of the signs mentioned in subparagraphs (a) to (g) of such Article;

(b) use of trademarks containing expressions or figures 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 Article 231, paragraph (1), subparagraphs (a) to (f) shall incur 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 escudos 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 declared null and void or have lapsed;

(b) unduly uses or applies the indications of registration authorized only to the holders of such rights by Articles 95, 132, 161, 206 and 240;

(c) uses, as holder of an industrial property right, such right for products or services other than those that the registration protects.

Section IV
Procedure

(Assistants)

Art. 273. Apart from the persons entitled under Portuguese Criminal Procedure Law to act as prosecutors, employers, syndicates and legally created interested associations shall have legal capacity to intervene as prosecutors in the criminal proceedings provided for under this Code.

(Seizure at Customs)

Art. 274.-

(1) Any products or merchandise which directly or indirectly bear false indications or appellations of origin or trademarks or names that are illegally used or applied or display evidence of an offense stipulated in this Code, shall be seized by Customs during the act of importation or exportation.

(2) Seizure shall be carried out on the initiative of the actual customs authorities, which shall immediately inform the interested party, whether an individual person or a corporate body, allowing such party to rectify the object of the preventive seizure, without prejudice, however, to liabilities that have already been incurred.

(3) The seizure may subsequently be confirmed or rerequested by the competent judicial authority, at the instigation of the Portuguese Public Prosecutor or at the request of the 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 Inspecção-Geral das Actividades Económicas ("Portuguese Bureau of Economic Activities").

(Body Competent to Apply Fines and Additional Penalties)

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 Property.

(Destination of Fines)

Art. 277. Sixty percent of the fines applied shall constitute revenue of the Portuguese State, 20% revenue of the National Institute of Industrial Property and 20% revenue of the Portuguese Bureau of Economic Activities.

PART IV
FEES

(Fixing of Fees)

Art. 278. For the various acts stipulated in this statute, fees shall be due as stipulated by a joint decree of the Minister of Finance and Minister of Industry and Energy.

(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 revenue of the National Institute of Industrial Property.

(2) Once the fees have been paid, they shall be processed in accordance with the public accounting regulations that apply to the National Institute of Industrial Property.

(Time Limits for Payment)

Art. 280.-

(1) Fees in respect of patents, models and designs, for which annuities shall be computed from the date of application, shall be paid as follows:

(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 certificate and any annuities already accrued shall be paid after the date of the grant decision up to the anniversary of the application following the date of publication of the decision, to which three months are added;

(c) subsequent annuity fees shall be paid annually during the final six months of validity of the right.

(2) Fees in respect of registrations, the duration of which shall be computed from the date of grant, shall be paid as follows:

(a) together with the fees for the respective certificate, after the date of grant up to a maximum period of six months after the date of publication of the grant in the 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 Article may be paid, with a fine, up to a maximum of six months after the validity of the right, under penalty of lapse.

(2) It is possible to request the revalidation of any patent, model or design certificate that has lapsed due to failure to pay fees, up to the anniversary of the application 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 failure 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 designs who prove that they do not have sufficient income to bear the expenses in respect of applications and the maintenance of rights, shall be exempt from the payment of 80% of all fees, up until the seventh annuity, if they so request before filing the respective application.

(2) It shall be the responsibility of the President of the 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.-

(1) The fees mentioned in the previous provisions shall not be refunded to the parties.

(2) By a decision of the President of the National 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 unauthorized 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 attachment made in respect of such right is not lifted, the respective patent, deposit or registration shall not lapse in default of payment of periodical fees that may have fallen due.

(2) Once any of the decisions mentioned in the preceding 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 anniversary of the application following the date of publication of the notice, to which three months are added;

(b) 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 declared to have lapsed.

(5) The interested party shall request in court that the official notification necessary be furnished to the National 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 formalities and duties stipulated in respect of an application, grant or registration and renewals and revalidations thereof when worked or used by companies of any kind.

PART V
INDUSTRIAL PROPERTY BULLETIN
(BOLETIM DA PROPRIEDADE INDUSTRIAN( �/em>

(Industrial Property Bulletin)

Art. 286. The Industrial Property Bulletin (Boletim da Propriedade Industrial) shall be published monthly as an appendix to the Diário da República.

(Contents of the Bulletin)

Art. 287.-

(1) The following shall be published in the Industrial Property Bulletin:

(a) notice of applications in the various categories, oppositions, replies and other notices;

(b) notification of decisions;

(c) grants and refusals;

(d) renewals and revalidations;

(e) declarations of renunciation;

(f) assignments;

(g) lapsed certificates;

(h) examinations and reports concerning industrial property and related matters;

(i) judicial decisions which have been given in appeals or which establish industrial property jurisprudence;

(j) Portuguese and foreign legislation of interest to the international legal movement for the protection of industrial property;

(n( �/em> charts and statistics;

(m) other acts and matters of which the public must be informed.

(2) The Bulletin may 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 competent authorities shall draw up an index of all matters contained 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 institutions, the World Intellectual Property Organization, foreign industrial property authorities and other Portuguese and foreign entities on an exchange basis.

(2) The Bulletin may also be acquired by any interested party on payment of the respective subscription or the price of a single copy indicated on it.

PART VI
PROTECTION IN MACAO

(Registration of Trademarks)

Art. 290.-

(1) In the territory of Macao, the Department of Economy shall be competent for receiving documentation concerning the protection of rights in respect of trademarks and for taking the steps necessary for such rights to become effective in Macao.

(2) At the Department of Economy of Macao, action can only be taken and the prosecution of proceedings handled by:

(a) 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 forward them to the Institute.

(2) The terms of this Article shall apply to any requests made, in respect of trademarks, as provided for under the present Code.

(3) The Department of Economy of Macao shall indicate the date and time of filing on all applications received.

(Publication of Applications)

Art. 292.-

(1) Macao trademark applications for registration shall be published separately in the Industrial Property Bulletin, in accordance with the legal formalities specified in this Code for the registration of Portuguese national trademarks.

(2) The Department of Economy of Macao shall publish in the Official Bulletin of Macao the trademark applications for this territory, as well as any notices considered necessary.

(3) Applications and the respective photoprint filed at the Department of Economy of Macao shall be sent on a weekly basis to the National Institute of Industrial Property, keeping a copy in the respective sections of the Department.

(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 application shall be collected by the authorities where the application is filed.

(Extension to Macao)

Art. 293.-

(1) With respect to registrations exclusively applied for Macao, if the examination carried out by the National Institute Industrial Property reveals similarity 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 registration, 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 registration valid only in Portugal may, on his own motion and without notification from the examiner, request the extension to Macao of his own registration and, if desired, file an opposition against the new application within a time limit of 90 days, computed from the date of publication of the Industrial Property Bulletin containing the application.

* Portuguese title: Código da Propriedade Industrial.

Entry into force: June 1, 1995.

Source: English translation communicated by the Portuguese authorities.