An age-old practice, trade secrets were only formally regulated in the Portuguese Industrial Property Code in 2018. To qualify for protection as a trade secret, information must cumulatively meet the following requirements:
A trade secret is another way of securing exclusivity, safeguarding the underlying Intellectual Property. In many cases, it can serve as an alternative to patent protection, although it carries certain risks. A trade secret necessarily depends on the ability and means to keep it confidential.
While a patent is limited in time (generally 20 years), a trade secret remains protected for as long as it remains secret. The formula of Coca-Cola is a classic example of the importance and effectiveness of this form of protection.
A trademark is the most widely used Industrial Property right among Portuguese companies. In Portugal, more than 23,000 trademark applications are filed each year (based on 2020 data, including national, European Union, and international trademarks).
A trademark grants its owner an exclusive right of use, allowing them to prevent third parties, without consent, from using that distinctive sign.
The products and services for which trademarks are most frequently filed in Portugal include: advertising; education, training, and sporting and cultural activities; food and drink services and temporary accommodation; and alcoholic beverages.
In terms of the geographical distribution of applicants (2020 data), 37.0% originate from the Lisbon Metropolitan Area, 33.1% from the North region, and 18.6% from the Central region.
The English term used to refer to a (registered) mark. A trademark carries significant economic weight and importance. In countries such as the United States, Japan, or Germany, large companies often have dedicated “trademark” departments responsible for the protection, defense, and enforcement of their marks.
In these multinational companies, trademark policy is typically centralized at headquarters, which coordinates all activities related to the company’s trademarks worldwide.
Trademark genericide may be the dream of any marketing director, but it is arguably a trademark owner’s worst nightmare. Genericide is the legal term used when a trademark becomes the common name in trade for the product or service for which it was registered, as a result of the owner’s actions—or inaction.
Although this concept is not widely explored in Portugal, it is well known in the United States. Well-known examples include Jacuzzi, Escalator, and Tupperware, among many others, which illustrate how trademarks can become generic over time.
. What it is: This is the initial step to obtain exclusive rights over a distinctive sign (such as a name, logo, sound, etc.) used to identify products or services. In the case of a logotype, no specific products or services need to be designated.
. Requirements: The application must be filed in Portuguese and clearly indicate the applicant’s details, a representation of the trademark, and the list of products or services (according to the Nice Classification). In the case of a logotype, no products or services need to be specified.
. Priority: The filing date of the application is crucial, as it determines the priority of the right over any subsequent applications.
Traditional Knowledge has increasingly gained prominence on the global agenda in recent years. As a result of extensive work carried out by the World Intellectual Property Organization (WIPO), many Indigenous peoples, local communities, and governments have sought Intellectual Property protection for traditional knowledge and traditional cultural expressions as intangible assets.
Such assets may range from traditional medicine and environmental knowledge to art, symbols, and music.
Genetic resources, as such, are not patentable; however, inventions based on them may be eligible for patent protection. The widespread use and ongoing digital and technological transformation of genetic resources for innovation in the life sciences highlight the need for a coherent and cross-cutting approach to the interface between Intellectual Property and genetic resources.