Industrial Designs Law in Portugal
In Portugal, industrial design protection is governed by the Industrial Property Code, established by Decree-Law No. 110/2018 of December 10, 2018, and amended by Decree-Law No. 9/2021 of January 29, 2021. The National Institute of Industrial Property (INPI) is the official body responsible for granting and managing design rights in Portugal .(Viet An Law, justiça.gov.pt)
📝 Definition of Industrial Design
An industrial design in Portugal is defined as the external appearance of a product, resulting from the characteristics of:(Viet An Law)
Lines, contours, colors, shape, texture, and/or materials of the product itself and/or its ornamentation.(Wikipedia)
Protection is granted to designs that are new and have individual character, meaning they differ from prior designs in a way that would be noticed by an informed user .(Wikipedia)
📋 Registration Process
To register an industrial design in Portugal, the following steps are generally required:
Application Submission: File an application with INPI, providing:
Applicant's name, nationality, and address.
Drawings, photographs, or other appropriate graphical representations of the design.
Name, nationality, and address of the inventor.
Declaration justifying entitlement to the design right if the applicant is not the creator.
Priority data and documents, if applicable.
Power of Attorney, if represented by an agent .(justiça.gov.pt, SGCR)
Examination: INPI conducts a formal examination to ensure compliance with registration requirements. Substantive examination regarding novelty and individual character is performed only if an opposition is filed by a third party .(IP Coster)
Publication and Opposition: The design is published in the Industrial Property Bulletin. Oppositions can be filed within 30 days from publication. The applicant has 30 days to respond to any opposition .(SGCR)
⏳ Duration and Renewal
Initial Protection: The design registration is valid for 5 years from the application date.
Renewal: The registration can be renewed for four additional periods of 5 years each, totaling a maximum protection period of 25 years.
Maintenance: To maintain the design's validity, the holder must pay renewal fees and fulfill other requirements .(justiça.gov.pt)
🌍 International Protection
The protection granted by INPI is only valid in Portugal. To protect a design abroad, you can:(justiça.gov.pt)
Apply in each country where protection is desired.
Apply at the EU level through the European Union Intellectual Property Office (EUIPO) for protection in all EU member states.
Apply internationally through the World Intellectual Property Organization (WIPO) under the Hague System for protection in multiple countries .
⚖️ Enforcement and Legal Recourse
If someone uses your registered design without authorization, you may file a complaint with:(justiça.gov.pt)
The Anti-Counterfeiting Group.(justiça.gov.pt)
ASAE – Autoridade de Segurança Alimentar e Económica (Food and Economic Security Authority).(justiça.gov.pt)
The Fiscal Brigade of the National Republican Guard (GNR).(justiça.gov.pt)
The Public Security Police (PSP).(justiça.gov.pt)
The Public Prosecutor's Office .(justiça.gov.pt)
Disputes can also be resolved through arbitration at ARBITRARE, an arbitration center specializing in intellectual property matters.(justiça.gov.pt)
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Industrial Property Code (Decree-Law No. 110/2018, amended by Decree-Law No. 9/2021) |
| Definition | External appearance of a product resulting from lines, contours, colors, shape, texture, and/or materials |
| Registrability | Must be new and have individual character, not dictated solely by technical function, and not contrary to public order or morality |
| Ownership | Vested in the statutory creator; true creator may be named in the register |
| Registration Process | Application to INPI with required documents and fees; formal examination; publication and opposition period |
| Duration | 5 years, renewable up to 25 years |
| Rights Conferred | Exclusive rights to reproduce, sell, or utilize the design commercially |
| International Protection | Available through EUIPO (EU level) or WIPO (Hague System) for multiple countries |
| Enforcement | Complaints can be filed with relevant authorities; disputes can be resolved through arbitration at ARBITRARE |
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