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 mark's national and international recognition.
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.
The IP Court has granted a supplementary protection certificate (SPC) for a second medical use, despite the existence of a previous SPC for the same product and the same basic patent, and contradicting the practice of the Portuguese Patent Office. The decision illustrates the harmonisation of Portuguese jurisprudence with European Court of Justice jurisprudence on SPCs.