PORTUGAL
Summary:
Enforcement Best Practices
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1. General presentation |
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1.1 Overview |
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This is an initiative to be undertaken by INPI - Portuguese Industrial Property Office in cooperation with the police authorities responsible for fighting counterfeiting, namely ASAE (Food Safety and Economic Police), DGAIEC (Customs), PSP (Civil Police) and GNR (Military and Borders Police).
This Group is, and will be, developing a number of common activities and tasks, in particular: · Training sessions among and between the 5 entities involved. (in development); · Common public campaigns about counterfeiting. (in development); · Better co-ordination of the agencies involved in the fight against intellectual property crime; · Development of an integrated “Electronic Complaint System” for counterfeiting, which allow for the end user to quickly and easily report counterfeiting activities (under analysis); · Development of an integrated database with pertinent information about enforcement, which will provide information about trademark holders, enforcement tendencies and practices, and any relevant information the authorities involved wish to share (under analysis); · Development of a common website about the fight against counterfeiting, that would comprise the knowledge and different perspectives of the 5 different stake-holders (in development): - Educate businesses and consumers on the growing economic impact and public health, safety and security threats; - Advise businesses and consumers in handling counterfeiting activities; - Disseminate successful practices to businesses in using IPR and fighting counterfeiting; - Provide examples of businesses and consumers who have been victimized by counterfeiting; - Disseminate technical and scientific information capable of helping the different economic players (and particularly companies) to better understand the problem and implement anti-counterfeiting prevention actions. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Portuguese Industrial Property Office (Instituto Nacional da Propriedade Industrial – INPI) |
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2. Detailed Information |
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2.1 Start date |
April 2007 (First Discussion Meeting) |
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2.2 End date |
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2.3 Budget |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision: Dedicated anti-counterfeiting website Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): N/A |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: N/A |
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4. Further Information |
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4.1 Document References |
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4.2 Web Site |
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4.3 Contacts
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Jose Mauricio INPI - Instituto Nacional da Propriedade Industrial [Portuguese Industrial Property Office] Tel.: +351 21 881 81 00 Fax: +351 21 886 98 59 E-mail: jose.mauricio@inpi.pt |
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4.4 Information Source |
Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources” |
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1. General presentation |
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1.1 Overview |
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The Portuguese Industrial Property Office is the national IPR competence centre for information regarding IPR and the protection of technology and know-how protected by patents and other IPR. Apart from granting patents, utility models, trade marks and designs, INPI-PT supports the competent police authorities in fighting counterfeiting by offering know-how related to IPR. INPI-PT’s website ( www.inpi.pt ) provides free of charge databases search tools in trademarks protected in Portugal (National, International and Community), in Patents (National, European and PCT) and Designs (National). This online tool, being free of charge, is very useful to all parties interested in knowing which IPRs are protected in Portugal, not only to police authorities. Besides the general information and databases mentioned, INPI-PT also provides specific support to police authorities, Public Ministry and Courts: - Comparison examinations regarding conflicts between IPRs and counterfeited products , i.e. we provide for the analyses of the seized goods, confront them with the protected IPRs (Patents, Trade Marks and Designs) and make a specific examination that is provided to the above mentioned authorities. In 2007, 500 of these specific examinations were provided; - Detailed information about protected IPR ; i.e. we provide exact and up to date information to the above mentioned authorities about IPRs and their holders, representatives, date of entering into force, etc. In 2007, detailed IPR information was provided in 3,500 cases. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Portuguese Industrial Property Office (Instituto Nacional da Propriedade Industrial – INPI) |
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2. Detailed Information |
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2.1 Start date |
N/A |
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2.2 End date |
Ongoing |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
In 2007, 3,500 pieces of information were provided to the enforcement authorities. |
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4. Further Information |
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4.1 Document References |
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4.2 Web Site |
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4.3 Contacts
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INPI - Instituto Nacional da Propriedade Industrial [Portuguese Industrial Property Office] Tel.: +351 21 881 81 00 Fax: +351 21 886 98 59 Website: www.inpi.pt E-mail: sgq@inpi.pt |
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4.4 Information Source |
IPR Enforcement Support Expert Group |
Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission