Decree-Law no. 67/2012 of March 20 created, in Lisbon, the Intellectual Property Court (“Tribunal da Propriedade Intelectual”, hereinafter the “IP Court”). At that time, the IP Court had only one chamber and one judge. The IP Court has jurisdiction over the national territory and, although it is a specialized court, it performs several roles. In the scope of the referred “specialized jurisdiction”, the IP Court, depending on the subject matter, is empowered to handle proceedings in which the cause of action concerns intellectual property rights (including trademarks, patents, industrial designs, models, logos, pt. domain names, copyrights, etc.) and actions involving unfair competition in the field of intellectual property.
This Court has been accumulating many interim measures which aim to prevent, on a preliminary basis, the violation of such rights.
In this context, Implementing Order no. 100/2013 of March 6 has added another chamber to the IP Court of Lisbon in order to avoid its present overloading and to assure faster legal decisions. The arising question is whether the creation of another chamber will, in fact, solve the above mentioned celerity problem.
It is true that it is better to have two chambers than only one. However, bearing in mind the increasing number of the judicial proceedings and the broad territorial jurisdiction of the IP Court, we believe that it would be justified an even larger number of IP Courts and, in particular, of judges.
Therefore, the announced creation of another IP Court in the North of the country, which will certainly help solving the above referred problems, is certainly welcome.