OIPA - New criteria for providing temporary and occasional service

The INPl's Directive Council has decided to determine the applicable criteria pertaining to the recognition of the profession of Official Agent of Industrial Property (OIPA), with effect from March 15th, for the provision of services in Portugal on a temporary and occasional basis.

In accordance with the principle of free provision of services, the professional who is established in another Member-State and wishes to provide services in Portugal on a temporary and occasional basis shall, when first moving to Portugal, previously inform INPI in advance through a written statement and also take into account the following criteria:

1.    The occasional provision of services is understood as the one comprising a maximum of 20 acts pertaining to industrial property cases per year (irrespective of their type).
2.    This limit shall be strictly observed by professionals who, wishing to provide temporary and occasional services, act as such at the INPI.
3.    If this limit is exceeded, the professional shall be notified on his/her impediment to provide new acts at the INPI, until the end of the annual renewal.
4.    In addition, the professional shall be informed that, wishing to carry out a greater number of acts in Portugal, he/she shall do so in the same conditions as such activity is admissible to the AOPls established in Portugal, i.e., by taking the aptitude test, pursuant to the Regime for establishment in Portugal.

OIPA are professionals recognized by the INPI to exercise industrial property acts in the name and in the interest of the parties who are their clients and constituents, with no need to display a power of attorney.