Portugal has new Industrial Property Code

The new Código da Propriedade Industrial (CPI), for Portugal, approved by Decree-Law no. 110/2018, which transposes the Directives (EU) 2015/2436 and (EU) 2016/943, was published on December 10.

The new code shall enter into force in phases:

The article 4th of this Decree-Law, which refers to the revocation of the necessary arbitration regime for the resolution of industrial property rights disputes involving reference medicines and generic medicines (Law no. 62/2011), shall enter into force on January 7, 2019, that is to say, 30 days after the publication of this decree-law.

With regard to the provisions of the Industrial Property Code concerning the protection of trade secrets, these shall enter into force on January 1, 2019.

The remaining provisions of the Industrial Property Code, as well as the amendment to the Law of the Organization of the Judicial System, approved by Law no. 62/2013 of August 26, in its current wording, shall take effect on July 1, 2019.

We will publish, in due course, an article analysing the main amendments made in the new IPC and their impact on business activity.