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BMA | Portugal | 27 Sep 2021

IP Court refuses DOUGHNUTS AND COMPANY trademark due to risk of confusion and lack of distinctiveness

An application for the Portuguese trademark DOUGHNUTS AND COMPANY was opposed on the grounds of its similarity with two prior Portuguese trademarks. The opposition was successful and the Patent and Trademark Office refused the application on the grounds of likelihood of confusion. The decision was confirmed by the IP Court, but on slightly different grounds.
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BMA | Portugal | 31 May 2021

Patent and Trademark Office refuses registration of PANDEMIA mark

In October 2020 the Patent and Trademark Office refused the registration of the mark PANDEMIA ('pandemic') for goods in Classes 32 and 33 on the grounds that the mark was contrary to accepted principles of morality. Following an appeal filed by the applicant, the Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names confirmed the refusal.
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PLMJ | Portugal | 7 Apr 2021

Clinical trials during COVID-19 pandemic

Clinical trials are a universally recognised method of performing research and development activities. The COVID-19 pandemic has made clinical trials even more important, particularly to bring effective drugs to combat the disease to the market as soon as possible. The National Authority for Medicines and Healthcare Products has published various measures which aim to mitigate the risks that......
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PLMJ | Portugal | 17 Mar 2021

Cannabis for medicinal purposes: marketing placement FAQs

In Portugal, those who wish to place cannabis-based medicinal preparations and substances on the market must obtain a marketing placement authorisation (MPA) from the National Authority for Medicines and Healthcare Products. The preparations or substances may then be sold in pharmacies subject to medical prescription. This article answers questions regarding how to obtain an MPA.
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PLMJ | Portugal | 10 Mar 2021

Cannabis for medicinal purposes: licensing FAQs

In the past three years, significant changes have been made to the legislation that governs the medicinal use of products, substances and preparations based on the cannabis plant. This article answers some of the most important questions regarding the licensing of certain activities involving these products, substances and preparations.
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PLMJ | Portugal | 11 Nov 2020

Exceptional rules for products to prevent spread of COVID-19

The rapid spread of COVID-19 has led to a significant increase in demand for medical devices (MDs) and personal protective equipment (PPE), masks for social use (textile articles) and other products destined to prevent the spread of the disease. In view of this and the circumstances of the pandemic, Decree-Law 14-E/2020 was published to establish exceptional and temporary arrangements for the......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 15 Oct 2019

Processing personal health data for insurance purposes under GDPR

The recently published act to transpose the General Data Protection Regulation into Portuguese law was expected to provide specific grounds for the processing of health data for insurance purposes. However, the act was approved without any exemptions or provisions regarding the legitimate basis on which insurers can process health data (or any other special category of data) for insurance......
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AFDO-adv | European Union, Portugal | 27 Sep 2019

Landmark decision on holding companies' VAT deductions

The Arbitral Court recently issued a landmark decision regarding value added tax (VAT) deductions for holding companies. The court's approach is notable for its analysis of European Court of Justice guidance on VAT deductions for holding companies set out in several relevant decisions and its innovative approach of combining the relevant reasoning behind these decisions to provide a......
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BMA | Portugal | 22 Jul 2019

Lisbon Court of Appeal finds that BELCANTO is a "trademark with a reputation"

The Lisbon Court of Appeal recently found that the trademark BELCANTO, used by the Belcanto restaurant in Lisbon, was a "trademark with a reputation" and another party's application to register the trademark to sell wines. The judgment shows that Portuguese case law is departing from the mere quantitative parameters of assessing the reputation of a trademark to focus on the relevance of a......
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BMA | European Union, Portugal | 15 Jul 2019

New Industrial Property Code enters into force

The new Industrial Property Code recently entered into force with a number of amendments resulting from the implementation of the EU Trademark Regulation. Most of the changes represent a real break with the previous legal framework. The main changes concern trademark registration, the scope of rights conferred by patents and limitations on the subject matter of utility models.
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