Friday, 12 February 2021 12:14
Macao IP Offfice changed name
As of February 1, 2021 the Macau IP Office has change its name to Economic and Technological Development Bureau (DESTD). According to Regulation No. 45/2020 the DESTD is responsible for the study, coordination and effective implementation of the economic and technological development policy of the Macao Special Administrative Region. Among other departments the DESTD includes and Intellectual Property Department that is competent for protection and registration of industrial property in Macao. For more information or any question This email address is being protected from spambots. You need JavaScript enabled to view it..
Wednesday, 20 January 2021 11:33
The Portuguese Presidency of the Council of the EU
On 1 January 2021, Portugal took responsibility for the the 6 months rotating Presidency of the Council of the EU. During this 6-month period, the presidency chairs meetings at every level in the Council, helping to ensure the continuity of the EU's work in the Council. The priorities of Portugal's presidency are driven by its motto: "Time to deliver: a fair, green and digital recovery". The presidency programme focuses on five main areas, which are in line with the goals of the EU’s strategic agenda: strengthen Europe’s resilience promote confidence in the European social model…
Published in
News (EN)
Tagged under
Wednesday, 21 October 2020 17:02
Lisbon Court of Appeal: no copyright for Stabilo Pen 68
The Lisbon Court of Appeal decided an action in which the plaintiff claimed copyright and trade dress protection for a pen, specifically the Stabilo Pen 68. Citing the interpretation given by the EU Court of Justice in the the Cofemel judgement, the Court of Appeal found that copyright protection could not be recognized since the Stabilo Pen 68 was not considered an original work, in the sense of being an intellectual creation of their author. The facts Schwan - Stabilo Schwanhausser Gmbh & CO KG filed an action against Branco e Negro, Lda and Clave…
Published in
News (EN)
Tagged under
Wednesday, 30 September 2020 07:38
Geographical Indications - EU and China sign landmark agreement
On 14 September 2020 the EU and China signed a bilateral agreement to protect 100 European Geographical Indications (GIs) in China and 100 Chinese GIs in the European Union against usurpation and imitation. From the EU side this agreement is considered to be an important step to protect the European GI products which are renowned for their quality and diversity, products such as the iconic Cava, Champagne, Feta, Irish whiskey, Münchener Bier, Ouzo, Polska Wódka, Porto, Prosciutto di Parma and Queso Manchego. At the same time the agreement contributes to strengthening the trade relationship with…
Published in
News (EN)
Tagged under
Friday, 21 August 2020 14:34
Portugal – amendment to the Industrial Property Code proposed
The Portuguese Government is preparing a proposal for further changes to the Industrial Property Code. The code currently in force was approved by the Decree-Law No. 110/2018, published on 10 December 2018, having started its application just over a year ago. Despite the short time that has elapsed, the Government has recently sent to the stakeholders a proposal for new amendments. The Government considers that it is necessary to revisit this matter due to the following main reasons: - to provide for the possibility of the European Patent Office, instead of the Portuguese PTO, preparing…
Published in
News (EN)
Tagged under
Friday, 10 July 2020 09:50
Patent applications in Mozambique – request for examination
The IP Office of Mozambique has issued a note on Substantive Examination of Patents (Notice 2/2020 published on 15 June 2020). The note evokes the Mozambican patent law regarding patent application procedures on two specific points, namely article 66 and article 69 of the Industrial Property Code. First, under article 66 the IPO after the examination of formalities will proceed to publish an abstract of the invention within 18 months after the date of application or the date of priority. Second, under article 69, the applicant should file a request for the substantive examination of…
Published in
News (EN)
Tagged under
Friday, 03 July 2020 10:04
Official fees updated in Portugal
According to the Decision No. 711/2020 of the Management Board of the IP Office and the Government Regulation No. 1098/2008, new official fees are applicable in the Industrial Property Office of Portugal as from 1 July 2020. All official fees have been slightly increased in accordance with the inflation rate.
Published in
News (EN)
Tagged under
Monday, 11 May 2020 09:04
Managing IP Awards 2020 “Trademark Prosecution Firm of the Year” in Portugal
The well-known international magazine Managing Intellectual Property (MIP) has named Simões Garcia Corte-Real & Associados “Trademark Prosecution Firm of the Year” in Portugal for the work performed in 2019. Our firm is honoured to be selected for an important award that is preceded by impartial research on the basis of opinions of clients, peers and IP practitioners from around the world. MIP has also published the IP STARS 2020 rankings listing Simões, Garcia, Corte-Real & Associated as a recommended and notable firm in “copyright & related rights” (2019), “patent prosecution” (2019), “trademark prosecution” (2020) and…
Friday, 17 April 2020 18:48
Suspension of time limits at the IP Office of Portugal revoked
The Decree Law 16/2020 published on 15 April 2020, established that all acts at the Industrial Property Office must be submitted exclusively through the online services. In result of this limitation, the time limits for any acts near the IP Office that were suspended due to the Law 1-A/2020 of 19 March 2020, will resume its normal counting. This in fact is a consequence of Law 4-A/2020 of 6 April 2020, which determined that the time limits concerning the acts performed exclusively online at the PTO would not be suspended. In response to the Covid-19…
Published in
News (EN)
Tagged under
Thursday, 09 April 2020 11:42
Official Fees increase in Angola
According to the Decree No. 62/20 published on 4 March 2020 new official fees are applicable in the Angolan Industrial Property Office as from 5 March 2020. The last amendment of the official fees in Angola had been made in 1997. Therefore with the new decree the fees for several actions regarding industrial property rights, namely trademarks, patents, utility models and designs are substantially increased. Furthermore the new table of fees published by the Decree No. 62/20 simplifies the calculation of the relevant items e.g. the fee for trademark registration is a single fee instead…
Published in
News (EN)
Tagged under
Friday, 20 March 2020 19:36
COVID-19: update IP OFFICE, EUIPO and EPO
The Covid-19 pandemic is having disrupting effects all over the world and has also taken its toll on IP matters. Below is the situation in the main IP agencies and offices as of today. Portuguese Industrial Property Office (INPI) The Portuguese INPI remains fully operational. INPI has implemented a contingency plan: - Workers operate from home as from March 16, whenever the specifics of their functions so allow. - Travels to international meetings, as well as participations in national events and meetings, are cancelled, and all professional contacts restricted to the absolutely necessary. - Preference…
More...
Friday, 20 March 2020 19:07
COVID-19 update from SGCR
In accordance with the recommendations and decisions of the Portuguese government in order to reduce the impact of the COVID-19 outbreak, we have taken appropriate measures to ensure that our firm moves to remote operations. With our team at Simões Garcia Corte-Real & Associados working from home, we remain fully operational and committed to maintaining a high-quality customer service and to handling all our clients’ matters, as smoothly as always. Our hearts are with all those more seriously affected by the pandemic and also with everyone – health professionals, security forces and other essential workers…
Wednesday, 26 February 2020 10:16
WTR 1000 recommends SGCR
The international specialized magazine World Trademark Review has given its maximum classification ranking WTR 1000 to Simões, Garcia, Corte-Real & Associados in 2020. The firm is “highly recommended on both sides of the contentious/non-contentious divide”. Individually, João Luís Garcia and António Corte-Real were distinguished as 2020 recommended trademark experts from Portugal. The WTR 1000 research directory focuses exclusively on trademark practices and practitioners and seeks to identify the leading national and international trademark practitioners from around the globe.
Friday, 14 February 2020 17:28
Court of Justice in SkyKick case: no consequence for lack of clear and precise terms
In the aftermath of Brexit, the Court of Justice of the European Union gave still binding and very important answers on trademark law to the High Court of Justice (England & Wales), Chancery Division in its recent judgment of 29 January 2020 (case C-371/18, Sky v. SkyKick). Essentially the English court asked the CJEU the following questions: Whether a Community trade mark or a national trade mark may be declared wholly or partially invalid on the ground that terms used to designate the goods and services in respect of which that mark was registered are…
Published in
News (EN)
Tagged under
Wednesday, 29 January 2020 18:15
Coronavirus outbreak: IP Office of Macao suspend services until 7 February
In order to prevent the risks of spreading the coronavirus and to avoid the concentration of people the Macao SAR Government has taken a measure of dismissal of service for several public services including the Intellectual Property Office in the Economy Services Direction. Consequently the IP Office of Macao was closed on the days 30 and 31 of January 2020. Between 3 and 7 February 2020 the services of the Economy Services Direction are suspended including the IP Office (except the filing of applications, including online applications). For more information or any question This email address is being protected from spambots. You need JavaScript enabled to view it..
Monday, 27 January 2020 09:01
Protection of Olympic symbols strengthened in Portugal
The Decree-Law No. 171/2019 published on 12 December 2019, amends the legal protection regime for Olympic and Paralympic symbols in Portugal. The main objective of the new legislation is to update the regime that was in force since 2012 and adapt it to the new Industrial Property Code, approved by Decree-Law No. 110/2018, on 10 December 2018. In addition to the “Olympic properties” (for example, the five Olympic rings or the word “Olympic”), and similar symbols (for example, the expression “Olympic Games”) the new law identifies the “Paralympic properties” (for example the motto “Sprint in…
Published in
News (EN)
Tagged under
Tuesday, 21 January 2020 17:53
Lisbon Court of Appeals: INPI decision to suspend examination may be appealed
On 11 December 2019 the newly created IP Section of the Lisbon Court of Appeals has issued a judgement accepting that the Office decisions to suspend examination may be appealed. It is the first time that a decision of the CoA is issued on this specific matter. The suspension decisions of the Office were the topic of a round table conversation with several IP professionals promoted by the INPI on 4 December 2019 (Conversas Com). According to the Industrial Property Code the INPI may suspend examination or opposition proceedings ex officio or at the request…
Published in
News (EN)
Tagged under
Friday, 03 January 2020 19:17
Machines cannot replace Inventors says European Patent Office
The European Patent Office (EPO) has refused two European patent applications in which an Artificial Intelligence machine was designated as inventor. The decision was taken by the EPO after non-public oral proceedings on 25 November 2019 on the grounds that they do not meet the requirements of the EP Convention and regulations. Both patent applications indicate “DABUS” as inventor, which is described as “a type of connectionist artificial intelligence”. The applicant stated that they acquired the right to the European patent from the inventor by being its successor in title. The applicant’s representative submitted that…
Published in
News (EN)
Tagged under
Thursday, 05 December 2019 17:36
Last Instance Court of Macao refuses Cat mark
What does the mark LINGBAO have in common with the worldwide well-known sports brand PUMA? A big jumping cat. Initially the Industrial Property Office of Macao granted registration to the figurative mark LINGBAO despite the opposition filed by Puma SE. But the story continued in the Macao courts. The final word belonged to the Last Instance court that reversed the Second Instance decision and ordered the refusal of the registration. Facts In this case an applicant based in Macao filed an application to register a word and device mark in Macao for goods in class…
Published in
News (EN)
Tagged under
Monday, 18 November 2019 12:21
General Court annuls EUIPO decision on SIR BASMATI RICE
It is a basic principle of European Union trademark law that terms that are descriptive may not be registered as an EU trademark. Simply because a sign that merely describes the goods and/or services offered cannot be monopolized. However if such descriptive term is combined with other figurative elements that make the sign as a whole distinctive the mark may be validly registered. In such cases the difficult question is: when is the mark figurative enough to reach the minimum degree of distinctive character that is required for a registration? The General Court by its…
Published in
News (EN)
Tagged under
Wednesday, 13 November 2019 18:02
Indie Campers defeats VW Hippie van
On 7 November 2019 the Lisbon Court of Appeal reversed the decision of the 1st chamber of the Intellectual Property Court (IPC), on a case concerning the famous Volkswagen Type 2, the van informally known as Transporter, the Bus (US) or Camper (UK) also known as the Hippie van (during the 60s). Facts Indie Campers, S.A. is a Portuguese internet company that offers campervans in various destinations. Indie Campers applied for the national trademark registration no. 586625, a word and device mark, , for goods/services in classes 12, 20, 24, 35, 39, 41 and 43.…
Published in
News (EN)
Tagged under