The Portuguese Parliament has adopted a law (Law 55/2019 of 5 August 2019) amending the Law of the Organization of the Judiciary System, in respect of two important aspects in the field of intellectual property.
Firstly, the law gives new powers to the Intellectual Property Court in the area of copyright and also in the contractual field of industrial property rights.
The IP court jurisdiction had already expanded with the entry into force of the new Industrial Property Code (Decree-Law 110/2018 of 10 December), namely to extend it to disputes in relation to the infringement of trade secrets in the field of industrial property. Law 55/2019 now introduces into the IP court’s range of competences:
- the actions in which the claim concerns compliance or non-compliance, validity, effectiveness and interpretation of contracts and legal acts having as their object the constitution, transmission, encumbrance, disposition, licensing and authorization to use copyright, related rights as well as industrial property rights in any of the modalities provided for by law;
- the actions in which the claim concerns the legal regime of private copying;
- the appeals against decisions of the General Inspectorate of Cultural Activities (IGAC) concerning the registration of literary and artistic works and the registration and supervision of collective management entities of copyright and related rights, as well as decisions of IGAC in administrative infringement proceedings.
Secondly, Law No. 55/2019 creates a new section in the Lisbon Court of Appeals specializing in intellectual property and competition, regulation and supervision which will have jurisdiction over the causes of the IP court and the Competition, Regulation and Supervision court.
The amendments will enter into force on 1 October 2019.