When you create a piece of work, an invention, or some literary work, it is considered as your intellectual property and your rights over it are protected by law. Intellectual property is an invention or work that was created as a result of a person’s creativity. In Portugal, it is covered by the Industrial Property Code. Under the code, the one who first applies for registration of intellectual property with the Industrial Property Office in Portugal or in such offices of member states in the European Union, or with the World Trade Organization, will be granted rights over that property. Our Portuguese lawyers can assist you in protecting and enforcing your rights over your intellectual property.
There are times when more than one person will file an application for intellectual property in Portugal for the same creation or invention at the same time. The Industrial Property Code provides that the one who first submitted all the required documents will be granted rights. If both/multiple applications came along with complete requirements, the issue will be resolved either by agreement of the parties, through arbitration, or filing a case in court. Our attorneys in Portugal can help you with the registration of your intellectual property.
Different works or creations come under various types of intellectual property. Our lawyers in Portugal can guide you on how to acquire rights over your work or creation. Here are the main types of intellectual property:
1. Patent - This covers inventions that are unique, involves inventive steps, and can be used for industrial applications. Patents in Portugal exist for a period of 20 years and whoever holds the patent makes use of the invention exclusively and has the right to prevent others from manufacturing or distributing it without consent.
2. Trademark - This covers products and services. Trademarks are marks or signs that distinguish the products and services of one business from those of other companies. Once the trademark is registered in Portugal, no other business may use it without following the regulations as provided for by law and honest business practices. Trademarks expire after five successive years of non-use.
3. Copyright - This is regulated by the Code of Copyright and Other Related Rights of Portugal. Copyright covers intellectual creations involving ideas, literature, science, and artistic works. The owner of the copyright has exclusive rights, economic benefits of the work, can exploit it, or allow others to make use of it with consent.
Copyright is granted from the time the work is created without need of registration or publication and lasts for 50 years after the death of its creator.
For more information on intellectual property, just contact our law firm in Portugal. We are more than willing to give legal advice on what you need.
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