The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…

The 30-day period to initiate mandatory arbitration proceedings against apllicants of authorization to introduce generic medicines in the market is an expiration or final term. A full summary of this case has been published on Kluwer IP Law

The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…

Provisional measures, notably the interlocutory injunction provided for by Article 338-I of the Portuguese Code of Industrial Property, do not extend to the provisional protection of a European patent, nor to a national patent the translation of which is not yet published, because there is an insufficent degree of fumus boni iuris as the protection…

Arbitration courts (which have mandatory jurisdiction over certain patent disputes regarding generic drugs) have the authority to issue a compulsory fine for not complying with a court order, provided that there is a present or imminent non-compliance with the ordered obligation (‘non facere’). A full summary of this case has been published on Kluwer IP…

Obtaining an authorization to introduce generic medicaments into the market before the expiration of a patent as well as transferring the authorization to third parties does not infringe patent rights in substances used in those medicaments. Nevertheless, the exploitation of such medicaments can only take place upon the expiration of the patent or the respective…

Conflicts between patents and generic medicaments are mandatorily solved by arbitration. Requests of authorization to introduce generic medicaments in the market (AIM) are published by the Portuguese Medicaments Office (INFARMED) and interested parties have a term of 30 days to oppose their industrial property rights. Upon the termination of the term, patents cannot be enforced…

The statute which provides that holders of industrial property rights can resort only to arbitration instead of directly resorting to state courts concerning provisional or interim measures (Article 2 of Law No 62/2011 of 12 December) is not contrary to the Portuguese constitution. However, the statute according to which a patent cannot be enforced against…

Arbitration courts established to resolve conflicts between patents and generic or reference medicaments do not have jurisdiction to decide on the validity of the patent, even when it is argued as a defence in an action for infringement. Transferring the authorization to introduce a generic medicament in the market to a third party is not,…