INTELLECTUAL PROPERTY RIGHTS IN PORTUGAL

The ‘Industrial Property Law’ approved by the Decree Law 110/2018 of December 10, 2018, in force since July 1, 2019 - is the primary law governing the mechanism of trademark registration and protection in Portugal.
For getting a trademark registered in Portugal, an application has to be filed with the Portuguese Institute of Industrial Property (INPI), which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
Portugal follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months following its publication date in the official gazette. This can be extended once, upon request, for an additional month.
In Portugal, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Portugal is a member of the Paris Convention for the Protection of Industrial Property.
The ‘Industrial Property Law’ approved by the Decree Law 110/2018 of December 10, 2018, in force since July 1, 2019 - deals with the mechanism of patent protection in Portugal.
For seeking patent protection in Portugal, an application has to be filed with the Portuguese Institute of Industrial Property (INPI), which administers the entire process of patent grant.
In Portugal, an invention that satisfies the conditions of novelty, distinctiveness, inventive step, and industrial applicability, subject to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant opposition against a patent cannot be raised in Portugal.
Patents in Portugal are valid for twenty (20) years from the filing date.
Annual fees become due starting from the third year from the filing or priority date. The first two annual fees are included in the filing fee. The discount of 100% for the third and fourth annual fees is provided by the Portuguese Patent Office. However, the applicant must indicate to the Office that the patent should be renewed for the third and fourth years. All subsequent annual fees must be paid within six (06) months before the anniversary of the filing or priority date.

The ‘Industrial Property Law’ approved by the Decree Law 110/2018 of December 10, 2018, in force since July 1, 2019 - governs and deals with the mechanism of registration of industrial designs in Portugal.
For getting an industrial design registered in Portugal, an application has to be filed with the INPI, which administers the entire process of registration.
The types of industrial design applications that can be filed in Portugal include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Portugal.
The total duration of industrial design registration in Portugal is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is extendible for further durations of five (05) years each up to a maximum duration of twenty-five (25) years.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) months after the expiration of the initial term.

Portugal is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017) - is the basic legislation governing copyright protection in Portugal.
Except where otherwise specified, copyright subsists for seventy (70) years after the death of the author, even if the work is only disclosed or published posthumously.
Copyright in work of joint authorship, as such, expires seventy (70) years after the death of the author who dies last.
The rights in a collective work or work originally attributed to a legal entity expire seventy (70) years after first publication or lawful disclosure, unless the individual(s) who created the work were identified in versions made available to the public.
Copyright attributed to individual authors of a collective work with regard to contributions that can be distinguished lasts for seventy (70) years after the death of the author.
The duration of copyright protection of anonymous works is seventy (70) years after publication or disclosure. If the identity of the author is revealed in this period, the term of protection is seventy (70) years after the death of the author.