On 24 September 2019 the internal organization of the National Industrial Property Office (INPI) was amended to include a new organic unity called Direction of Cancellation of Rights (DCR).
The DCR will have the competence to decide applications for revocation or requests for declarations of invalidity of registrations, namely registrations for trademarks, logotypes, designs or models and geographical indications.
The direct cause of this change is Decree-Law 110/2018 of 10 December that has approved a new Code of Industrial Property. The new code established administrative procedures for assessing the validity of certain IP rights, a competence that was exclusively of the Intellectual Property Court until 1 July 2019. This was primarily an implementation of Directive (EU) 2015/2436 which obliges Member States to provide for an “efficient and expeditious administrative procedure” for the revocation or declaration of invalidity of a trademark. However the Portuguese legislator decided to extend the possibility of an administrative invalidation to other distinctive signs, designs or models and geographical indications.
The DCR will operate under the Directive Council of the Office in parallel with the other organic units of the Office, namely the Trademark and Patent Direction that will be in charge of the examination of applications for IP rights and oppositions.