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..

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…

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…

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…

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…

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…

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.…

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…

The judgement of the Court of Justice of the European Union (CJEU) issued on 12 September 2019 in case C-638/17 (Cofemel — Sociedade de Vestuário SA v G-Star Raw CV) ruled that a national legislation cannot grant protection under copyright to models such as items of clothing that beyond their utilitarian purpose produce a specific visual aesthetic effect. The ruling addresses the complex overlaps between design and copyright law in the case of useful articles in a referral from the Portuguese Supreme Court previously reported here. In the question answered by the CJEU the Portuguese…

The BELENENSES name controversy involves the name and logo of the Football Club Os Belenenses (FC Belenenses), a one hundred year’s history and well-established Club of Lisbon, Portugal. The Intellectual Property court granted a preliminary injunction request filed by FC Belenenses against Os Belenenses – Sociedade Desportiva de Futebol, SAD (Belenenses Futebol, SAD), the company that is actually using the name BELENENSES in the Portuguese football premier league (known as the NOS League). On 8 March 2019 the Lisbon Court of Appeals confirmed the decision in essence. OS BELENENSES (figurative mark) (word mark) The facts.…