Establishing a Business
1.3. Protection of Intellectual Property through the Courts and Arbitration
A major paradigm shift recently occurred in the judicial protection of intellectual property rights in Portugal with the creation of the “Intellectual Property Court”. This court was established based on the requirements of the Memorandum of Understanding between Troika and the Portuguese government to ensure effective judicial protection in this area.
There are currently two judges working on this court, which has exclusive jurisdiction over all disputes concerning copyrights, industrial property rights and related matters, such as disputes concerning the .pt domain name and company names.
Also of note is the Arbitration Centre for Industrial Property, Domain Names and Company Names (ARBITRARE), a centre for voluntary institutional arbitration for settling disputes involving these kinds of rights. These arbitration proceedings take place online (www.arbitrare.pt), and may be conducted in Portuguese or in English.
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