For many, the Paris Convention for the Protection of Industrial Property is the “constitution” of Industrial Property at a global level. As the founding treaty of Industrial Property systems worldwide, it was signed on 20 March 1883.
Through this Convention, the signatory countries form a Union for the protection of Industrial Property. One of its fundamental principles is national treatment, under which nationals of Union countries enjoy, in all other member countries, the same advantages and legal conditions granted to their own nationals.
Another key concept is the right of priority, which provides that an applicant who files an application in one Union country benefits from a priority right to seek protection for the same right in other Union countries—within 12 months for inventions and 6 months for trademarks.
It is also worth noting that this Convention already established a legal framework for the protection of well-known trademarks.
A patent is the Industrial Property right par excellence, used to protect inventions. For an invention to be patentable, it must meet three requirements:
A patent grants its owner exclusive rights of use. It has a maximum term of 20 years from the filing date, subject to the payment of annual maintenance fees (annuities). Failure to pay these fees results in the lapse of the patent.
In the case of pharmaceutical patents, the term of protection may be extended for an additional period of up to 5 years.
At the end of the 20-year term (or earlier, if the patent lapses due to non-payment of annuities), the invention enters the public domain and may be freely used by third parties.
The scope of protection of a patent is determined by its claims. The patent specification must also include a description and, where applicable, drawings that assist in interpreting those claims.
A prejudicial issue is a matter whose resolution is necessary in order to decide another issue. These are issues that must be examined by a judge before ruling on the merits of the main action.
In judicial proceedings, a prejudicial issue arises where the determination of the substance or merits of a case depends on the prior resolution of another issue which, according to the logical structure of the decision, must be addressed first.
Like Geographical Indications, Protected Designations of Origin have gained increasing economic importance. A Protected Designation of Origin (PDO) is the name of a region, a specific place, or, in exceptional cases, a country, used to designate or identify a product that:
a) originates from that region, place, or country; and
b) whose quality or characteristics are essentially or exclusively due to the geographical environment, including both natural and human factors, with production, processing, and preparation taking place within the defined geographical area.
Examples include Port Wine and Serra da Estrela Cheese.
. What it is: Before issuing a final decision, the Portuguese IP Office (INPI) may issue a provisional refusal if it identifies absolute grounds (e.g., lack of distinctiveness) or relative grounds (e.g., likelihood of confusion with an earlier trademark).
. Procedure: The applicant is notified of the provisional refusal and has one month (extendable by an additional month) to respond, by submitting arguments or amending the application to overcome the objections.
. Outcome: If no response is filed, or if the arguments are not accepted, the refusal becomes final.