Wednesday, 01 June 2016 14:51
Recommended IP practitioners in Portugal
We are very pleased that our partner João Luís Garcia was listed as an IP STAR, by the magazine Managing IP. The list mentions highly recommended trade mark practitioners based on market feedback and other independent information obtained by a team of researchers. Furthermore we are also glad to report that our partner António Corte-Real was listed by IAM Patent 1000 as a world leading patent professional. The IAM Patent 1000 is a directory exclusively dedicated to identifying the world’s leading patent services providers. The extensive research process for the guide was conducted over several…
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Wednesday, 18 May 2016 14:50
INFARMED issues Therapeutic Recommendation on Statins
In April 2016 INFARMED started publishing a set of Therapeutic Recommendations (TR) seeking to contribute to rationalize and increase the quality of medical prescription. The TRs will be published on a regular basis and shall focus on particular areas such as those where new scientific evidence arise or specific treatment trends that could be improved. The first TR covers the prescription of statins. Statins are indicated for the treatment of hypercholesterolemia (high cholesterol), for the prevention of cardiovascular diseases associated to atherosclerosis. The ability to reduce total cholesterol and LDL-c differs between the various statins and…
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Monday, 09 May 2016 17:21
Tobacco Products Directive is valid – judgment of European Court of Justice
In its judgment of 4 May 2016 (case C-547/14), the European Union Court of Justice (EUCJ) has clarified several questions concerning the Directive 2014/40/EU on the manufacture, presentation and sale of tobacco and related products. That directive provides in particular for the prohibition from 20 May 2020 of the placing on the market of tobacco products with a characterising flavour (namely menthol cigarettes) and for the standardisation of the labelling and packaging of tobacco products. In addition, it introduces special rules for electronic cigarettes. Poland, supported by Romania, challenges before the Court of Justice the prohibition…
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Thursday, 05 May 2016 10:44
Macao - Tobacco Prevention and Control
The primary tobacco prevention and control law for Macau is Law 5/2011 which governs, among other things, smoking free environments, tobacco advertising, promotion and sponsorship, and tobacco packaging and labeling. Macau, as Special Administrative Region of China, is bound by China’s ratification of the WHO Framework Convention on Tobacco Control China became a Party to said treaty on January 9, 2006. Between January 1 and March 31 2016, according to the Health Service authorities, 89249 tobacco control inspections were carried out in establishments making up an average of 981 inspections per day. During this period,…
Friday, 15 April 2016 11:22
Borderline between Medicinal Products and Food Supplements
In April 2016 the Portuguese Health Authority (INFARMED) issued a note on borderline goods between medicinal products and food supplements. The classification of a certain substance as medicine or food supplement can be difficult to determine. Some substances that enter in the composition of medicines may also be incorporated, as a constituent, in foods. The fact that a substance have pharmacological activity does not mean in itself that the product should be classified as a medicinal product and other factors must be considered, such as the proposed use or the nature of the induced effect.…
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Monday, 04 April 2016 09:52
Sao Tomé e Príncipe joins Berne Union for the Protection of Literary and Artistic Works
The Government of the Democratic Republic of Sao Tome and Principe, has deposited the instrument of accession to the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Paris on July 24, 1971, and amended on September 28, 1979. The Berne Convention will enter into force, in Sao Tome and Principe, on June 14, 2016.
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Thursday, 31 March 2016 17:42
New Industrial Property Code in Mozambique
A new Industrial Property Code in Mozambique came into force on 30 March 2016. The new law maintains and reinforces its similarity with the Portuguese IP law and follows provisions of international law, namely the Paris Convention. As noteworthy changes of the new law we would draw attention to the following. In general Invalidation of trademarks and other IP rightsThe general deadline for invalidation of IP rights based on prior rights of the plaintiff has been dramatically shortened from 1 year to 90 days counted from publication of the IPI’s decision that granted the IP…
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Thursday, 24 March 2016 17:37
Blac Cloac Man wins
The final decision regarding the conflict between earlier trademarks and ,on one hand, and the following trademark seeking registration, on the other, was recently published in the Portuguese Industrial Property Bulletin. The Portuguese Industrial Property Office (INPI) had granted the requested registration, rejecting the opposition filed by the holder of the earlier rights, and the Intellectual Property Court had confirmed said decision. Indeed, although admitting the existence of a certain degree of conceptual similarity between the signs, the court of first instance had considered that the device elements did not prevail over the totally distinct…
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Friday, 11 March 2016 10:38
Boost of EP applications originating in Portugal
The number of European Patent applications of Portuguese origin submitted in 2015 show an increase of 21% over the volume of applications received by the European Patent Office (EPO) in 2014 from companies, universities, research centers and individual inventors based in Portugal. The most relevant technological fields for applications of Portuguese origin were Medical Technology (16 applications), Civil Engineering (10 applications) and Furniture (9 applications). The total number is 137 EP applications.
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Thursday, 03 March 2016 09:50
Sandra Martins Pinto talks to James Nurton (Alicante News)
Sandra Martins Pinto was interviewed by James Nurton for the Alicante News about her work at Simões Garcia Corte-Real & Associados and the present and future of IP! You may read the interview here.
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Wednesday, 02 March 2016 12:06
São Tomé e Príncipe joins ARIPO
The Government of the Democratic Republic of São Tomé and Príncipe deposited its Instrument of Accession to the Harare Protocol on Patents and Industrial Designs on 19 May 2014. Through this accession São Tomé e Príncipe joins the African Regional Intellectual Property Organization (ARIPO), bringing the number of Member States of ARIPO to 19. ARIPO is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters which was established by the Lusaka Agreement. Furthermore Banjul Protocol on Marks on November 27, 2015. The Banjul Protocol is also managed by…
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Wednesday, 28 October 2015 09:58
Lisbon Court of Appeal: ESPÍRITO SANTO not a symbol
The Lisbon Court of Appeal issued an interesting judgement in the case of the trademark ESPÍRITO SANTO with relevant considerations about symbols with religious content and its use as commercial trademarks. The case concerned the registration in Portugal of the word mark “Espírito Santo” which had been applied in 2008 for “wines and brandies” by Casa Santos Lima – Companhia das Vinhas. The applicant owned an older trademark registration for QUINTA DO ESPÍRITO SANTO covering “wines”. The applied mark ESPÍRITO SANTO was opposed by the well-known Portuguese bank Banco Espírito Santo, S.A.. The Portuguese Trademark…
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Thursday, 22 October 2015 11:46
ECTA Council Meeting in Lisbon
On 15 and 16 October, a meeting of the Council of ECTA (European Communities Trademark Association) took place in Lisbon bringing together, the ruling body of the Association and their committees formed by European trademark law experts. The event has included a Round Table on the Hague System (International Designs Registration) where António Corte-Real, partner of SGCR, presented "A practical overview of the Hague System" (the presentation is available at ECTA Round Table Hague System).
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Wednesday, 23 September 2015 09:28
SGCR rebranding
We are very proud to announce that we have changed our logo and image! You will become familiar with the refreshed SGCR brand in the coming months. For the last 15 years our original mark has stood for reliable, consistent and dependable quality services in Intellectual Property and our new logo reflects our renewed commitment to the client’s causes and to being a strategic IP partner to our clients in Portugal, Macao, Angola, Mozambique, Cape Verde and S. Tomé e Principe. Your day to day contacts will remain unchanged. We take this opportunity to thank you…
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Wednesday, 23 September 2015 09:18
Portugal ratified the Agreement on the Unified Patent Court
With the approval given by the President of the Republic, through Decree No. 90/2015 of of August 6, Portugal concludes the constitutional process of ratification of the Agreement on the Unified Patent Court, signed in Brussels on 19 February 2013 by a substantial part of the member states of the EU. The Agreement establishes a new court - Unified Patent Court - which potentially will have exclusive jurisdiction to settle disputes concerning European Patents, Supplementary Protection Certificates and European Patents with unitary effect. The UPC will be located outside of the national courts framework and…
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Wednesday, 25 February 2015 21:35
The importance of being Magenta – judgment of Lisbon IP Court
A recent judgment of the Portuguese Intellectual Property Court revoked the Trademark Office granting decision and ordered the refusal of the registration of the mark "ponto T" for telecommunication related services on grounds of likelihood of confusion with the prior marks of Deutsche Telekom AG, namely the well-known mark on the color Magenta.
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Friday, 20 February 2015 21:30
Macao court confirms PAIR PLUS not a trademark
The 2nd Instance Court of Macao has recently issued a judgment concerning an application for the registration of the mark PAIR PLUS for entertainment services and gambling (and a number of other services in class 41).
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Friday, 20 February 2015 21:28
Cape Verde – New IP Office name: IGQPI
The new name of the Patent and Trademark Office of Cape Verde is Institute of Quality Management and Intellectual Property (IGQPI). The Government of Cape Verde has decided to merge the IPICV (the previous Intellectual Property Institute) with the Institute of Quality Management in the context of a state and public administration reform.
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Monday, 24 November 2014 21:25
Mopping up the sauce: La Comadre
In a decision published in November 2014, the Lisbon Court of Appeal confirmed the judgment of the Intellectual Property Court in which the registration in Portugal of the mark La Comadre (figurative) was cancelled.
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