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CMS

RUA SOUSA MARTINS, 10, 1050-218 LISBON, PORTUGAL
Tel:
Work +351 21 095 81 00
Fax:
Fax +351 210 958 155
Email:
Web:
www.cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

José Luís Arnaut

Tel:
Work +351210958100
Email:
CMS

Work Department

Intellectual Property; Lifesciences; TMT

Position

Managing Partner Head of the Intellectual Property and TMT Practice Areas. He is a member of the board of several national and international entities. Founding Partner of CMS Rui Pena & Arnaut José Luís has a vast experience on legal strategic advice to public and private companies. His main areas of practice include restructuring, privatisations, mergers and acquisitions and private equity. His career has started has a lawyer within the practice area of intellectual property law with special focus on patent, trademarks, domain names, new technologies and competition law, areas where José Luís reached high level of recognition. He is a member of the board of several national and international entities.

Career

José Luís Arnaut is, since 1992, European Patents Attorney at the European Patent Office (Munich). He is, since 1996, European Trademarks Attorney at the Office for Harmonisation of the Internal Market of the European Union (Alicante) and Official Agent of Intellectual Property at I.N.P.I – Instituto Nacional da Propriedade Industrial. He has integrated in 1996 the Commission for the Follow-up and Revision of the Code of Intellectual Property and between 1998 and 1999 he has been a Member of the Commission for the Revision of the Code of Intellectual Property. José Luís was member of the Portuguese Parliament for 12 years. He was Deputy Prime Minister (José Manuel Durão Barroso) between 2002 and 2004 and Minister for Cities, Local Administration, Housing and Regional Development (2004 – 2005). He has held office as Chairman of the Foreign Affairs Commission of the Parliament of the Portuguese Republic (2005 – 2008) and was Chairman of the Parliamentary Commission for National Defence of the Parliament of the Portuguese Republic.

Languages

English, French, Spanish, Portuguese

Member

Member of ABA – American Bar Association since 1996. He is a member of several international associations related with his area of practice, in which he has already held leading posts. Some of the associations to which he belongs are: INTA (International Trademark Association), AIPPI (Association Internationale pour la Protection de la Propriété Industrielle), FICPI (Fédération Internationale de Conseils en Propriété Industrielle), ECTA (European Communities Trade Mark Association) and PTMG (Pharmaceutical Trade Marks Group).

Education

José Luís Arnaut is graduated in Law from Universidade Lusíada de Lisboa and has obtained the Diplôme d’Études Supérieures Spécialisées en “Accords et Propriété Industrielle” from CEIPI – Centre d’Études Internationales de la Propriété Industrielle, Université Robert Schuman in Strasbourg.


Portugal

Intellectual property

Within: Leading individuals

José Luís Arnaut - CMS

Within: Intellectual property

Especially active in trade mark enforcement, CMS acts for a solid roster of clients that includes The Navigator Company, Altice, EDP, Galp, Amorim, Super Bock, and LVMH. IP stalwart and public figure José Luís Arnaut leads the team.

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Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Portugal

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • MOZAMBIQUE | VAT CODE AMENDED

    Law no. 13/2016, of 30 December 2016, which amended and republished the Mozambican VAT Code, was recently rectified by a Notice, dated June 8th.
  • ARTICLE 29 WORKING PARTY GUIDELINES ON THE EU GENERAL DATA PROTECTION REGULATION

    In order to clarify some of the new obligations stemming from the EU General Data Protection Regulation (“GDPR”), which will apply as of 25th May 2018, the Article 29 Working Party (“WP29”) – the independent European consulting body for data protection issues – recently issued its “Guidance on Data Protection Impact Assessment (“DPIA”)”. This document will be available for public consultation until 23rd May, 2017.
  • CNPD APPROVES 10 MEASURES TO PREPARE FOR THE GENERAL DATA PROTECTION REGULATION

    On 28th January, 2017, the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados/CNPD) published a document establishing 10 measures for entities to prepare for the application of the General Data Protection Regulation (“GDPR”).
  • ANGOLA | NEW REGULATION ON THE LICENSING OF ESTABLISHMENTS AND OF COMMERCIAL ACTIVITY

    Presidential Decree no. 193/17, which approves the Regulation on the Licensing of Establishments and of Commercial Activity and Market Services (“Regulation”), was published on 22 August. The Regulation, which will enter into force on 21 October (60 days after its publication), establishes the conditions and procedures governing the licensing of commercial activities and market services, as well as the licensing of the respective establishments, revoking Presidential Decree no. 288/10, of 30 November (Regulation on the Licensing of Commercial Activity and the Provision of Market Services), as well as all prior regulations on the matter contrary to the provisions of the new Regulation.
  • MOZAMBIQUE | PETROLEUM PRODUCTS SUPPLY

    Ministerial Statute 50/2017, of 11 July 2017, sets forth the measures approved by the Ministry of Mineral Resources and Energy to streamline petroleum products’ import into and supply to the country and ensure fuel supply safety, regularity and quality. The newly approved measures obviously have a direct impact on distributors, but also affect suppliers, IMOPETRO, commercial banks operating in-country and the Banco de Moçambique (“BdM”).
  • Mozambique VAT Code Amended

    Law no. 13/2016, of 30 December 2016, which amended and republished the Mozambican VAT Code, was recently rectified by a Notice, dated June 8th.
  • COMPANIES CODE AMENDED

    Decree-Law 79/2017, of 30 June 2017, was published last Friday and amends both the Insolvency and Corporate Recovery Code and the Companies Code, in order to implement the goals of the “Programa Capitalizar” approved by Council of Ministers Resolution 42/2016, of 18 August 2016
  • ANGOLA | SIGNIFICANT AMENDMENTS TO REGULATIONS ON THE PERFORMANCE OF A PROFESSIONAL

    Please be aware that a new Presidential Decree has been published on 24th of April (Presidential Decree 79/17 of 24 April) which, among others, introduces the following significant amendments to former Presidential decree 43/17 of 6 March (regulations on the performance of a professional activity by nonresident foreign employees ):
  • PROHIBITION ON ISSUE OF BEARER SHARES

    Bearer securities have been prohibited under Law 15/2017, of May 3, 2017, published today. The Companies Code and the Securities Code have been amended in order to implement this measure.
  • ANGOLA | NEW REGULATIONS ON THE PERFORMANCE OF A PROFESSIONAL ACTIVITY BY NON-RESIDENT

    Presidential Decree 43/17, of 6 March 2017 (“DP 43/17”) just enacted new regulations on the performance of a professional activity by non-resident foreign workers, repealing former Decrees 5/95, of 7 April 1995 and 6/01, of 19 January 2001.