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ARTICLE · 05 MARCH 2019

New Industrial Property Code

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Therefore the new law returns pharmaceutical patent disputes to the courts after seven years of a mandatory arbitration system.

PortugalIntellectual Property

The new Portuguese Industrial Property Code was published last 10th December in the Portuguese Official Journal and will be in force as of the 1st July 2019.

However there are two important chapters that will be in force as of 9 January 2019 and 1 January 2019 respectively.

These chapters are related with the following legal aspects:

1) The modification of the Portuguese Law nº 62/2011 regulating through mandatory arbitration the pharmaceutical patent disputes between patentees and generic medicines companies;   

2) Trade secrets.

As regard to the modification of the Portuguese Law nº 62/2011 that regulates through mandatory arbitration the pharmaceutical patent disputes between patentees and generic medicines companies we highlight that the new Portuguese Industrial Property Code establishes very important novelties, such as:

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