Country: Portuguese Republic
Member: European Union Community Trademark, Madrid Agreement, Wipo Convention, Berne Convention Paris Convention, Pct, Wto & Schengen Area
The IP affairs in Portugal are looked after by the Portugal Intellectual Property Office (INPI).
The Geographical Indications affairs in Portugal are looked after bythe Ministry for Health, Fisheries and Food.
· 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.
GIs in Portugal are protected by way of the following:
1. Industrial Property Code
2. EC regulations
1. Designations of Origin
2. Appellations of Origin
3. Geographical Indications
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;
GIs may be protected as:
· Community Marks
· Guarantee Marks
· Certification Marks
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.
Applications complying with all formal requirements are approved by the Authorities.
If there is no oppositionpost registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.