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FAQs

Yes, the Claimant who had his trademark refused may appeal against that decision, within the time-limit of two months counting from the publication of the referred decision in the Portuguese Industrial Property Bulletin, requesting the revocation of the decision from the Portuguese National Institute of Industrial Property (INPI) refusing the trademark.

Yes, you can file an appeal within the time-limit of two months counting from the publication of the decision in the Portuguese Industrial Property Bulletin, requesting the revocation of the INPI's decision granting the patent.

Yes, you can file a proceedings with ARBITRARE demanding the compliance with the referred contract and claim damages from the infringing company.

The following disputes can be submitted to ARBITRARE for resolution by the Arbitral Tribunal, namely:

  • Decisions made by the INPI regarding transfers, licenses, declarations of expiry or any other acts that affect, alter or extinguish industrial property rights;
  • Civil disputes arising from the violation of industrial property rights;
  • Civil disputes arising from the practice of unfair competition;
  • Damage claims arising from the violation of contracts dealing with industrial property rights, the violation of industrial property rights or the practice of acts of unfair competition;
  • Disputes arising out of invocation of industrial property rights, including interim measures related to reference medicines and generic medicines, irrespective of whether they involve process patents, product patents, use patents or supplementary certificates of protection.