PORTUGAL

COUNTRY : PORTUGUESE REPUBLIC

CAPITAL : LISBON

LANGUAGE : PORTUGUESE

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, WIPO, BERNE CONVENTION, PCT

The IP office of Portugal is known as Portugese Institute of Industrial Property INPI and administered by the National Institute of Industrial Property, Secretary of State for Justice and Judicial Modernization

The IP affairs in Portugal are looked after by the Portugal Intellectual Property Office (INPI).

The Geographical Indications affairs in Portugal are looked after by the Ministry for Health, Fisheries and Food.


  • ROLE PLAYED BY GEOGRAPHICAL INDICATION PORTUGAL:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN PORTUGAL

    • Protection Accorded to GIs: GIs in Portugal are protected by way of the following:

      1. Industrial Property Code
      2. EC regulations

      Categories of GI Protected:

      • Designations of Origin
      • Appellations of Origin
      • Geographical Indications

      GIs may be protected as:

      • Community Marks
      • Guarantee Marks
      • Certification Marks
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE PORTUGAL

    • Geographical Indications are not protectable if and when:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting  GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin;
      • GIs lack the requisite qualities and characteristics;
      • Not falling under the definition of appellations of origin and GI;
      • Conflicts with prior GI;
      • Imitates prior GI;
      • Encourages Unfair Competition;
  • REQUISITES TO BE GEOGRAPHICAL INDICATION PORTUGAL

    • Applications are filed and received by the ministry.

      Applications can be filed online which attract 30% reduction in fees.

      Applications to have supporting documents evidencing the following:

      • Traditional or regulated conditions
      • Usage of the designation of origin / geographical indication
      • Limits of the respective locality, region, territory Applicants so received are then subjected to Formality & Substantial Examinations, after which they are published in the Industrial Property Bulletin for opposition if any.
  • WHO CAN FILE GEOGRAPHICAL INDICATION PORTUGAL
  • EXAMINATION OF GEOGRAPHICAL INDICATION PORTUGAL

    • Interested parties can, post registration of the application, object, oppose or ask for cancellation of the GI or DO.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION PORTUGAL

    • Interested parties can, post registration of the application, object, oppose or ask for cancellation of the GI or DO.

  • USAGE OF GEOGRAPHICAL INDICATION PORTUGAL

    • Applications complying with all formal requirements are approved by the Authorities.

      If there is no opposition post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • Cost of Registration of Trademarks
Geographical News