There are different ways of solving Industrial Property conflicts. You may choose to settle the matter out of Court at a specialised Industrial Property Arbitration Centre, or file a complaint and wait for the case to be heard by the Intellectual Property Court.
Learn about the several ways of asserting your rights about protected trademarks, patents and designs. Consult the list of entities specialised in these matters and their contacts.
If one of your Industrial Property Rights is violated, file a complaint
The Anti-Counterfeiting Group results from the collaboration of INPI, the ASAE (Food and Economic Security Authority), the Tax and Customs Authority, the GNR (National Republican Guard), the PSP (Public Security Police) and the PJ (Judiciary Police).. Its main objective is to develop joint actions for the prevention and suppression of counterfeiting and to strengthen cooperation between these institutions through the sharing of information and the training of specialised technicians.
Furthermore, this group also has the following functions:
- sharing statistical information on the seizure of counterfeit goods
- raising public awareness through campaigns
- reflection on the improvement of the national legal regime
- active cooperation with the European Observatory on Infringements of Intellectual Property Rights.
If you want to be compensated for the damages you have suffered from your rights violation, you can also claim compensation through a criminal proceeding or through civil action.
If you disagree with INPI´s decision you can appeal to the Intellectual Property Court
If you do not agree with any of INPI´s decisions (which granted or refused Industrial Property Rights or related to any other acts that affect, modify or extinguish these rights), you can appeal to the Intellectual Property Court.
Tribunal da Propriedade Intelectual (Intellectual Property Court) - Palácio da Justiça, Rua Marquês da Fronteira
1098-001 Lisboa
Phone: +351 213 846 400
Fax: +351 213 833 366
Email: tribunal.p.intelectual@tribunais.org.pt
If possible, choose to settle the conflict out of Court
With the exception of actions involving criminal and invalidity matters (annulment and declaration of nullity of rights), you may choose to settle the litigation extrajudicial, that is, in the margin of traditional legal proceedings. For this, go to an Arbitration Centre specialised in Industrial Property - ARBITRARE, Industrial Property Arbitration Centre, Domain Names, Firms and Denominations.
ARBITRARE - Av. Engenheiro Duarte Pacheco, Torre 2
Piso 8, Sala 9
1070-102 Lisboa
Phone: +351 211 203 100
Fax: +351 211 203 131
Email: geral@arbitrare.pt
This alternative mean of settling disputes has several advantages, as it usually is quicker and cheaper than going to Court.