In January 2024, the European Observatory for the Protection of Intellectual Property Rights launched a new report on the economic impact of counterfeiting on sales in the EU in three sectors:

• Clothing: It is estimated that the clothing industry will lose almost EUR 12 billion in revenue/year in the period from 2018 to 2021.

• Cosmetics: Sales of cosmetic products lost due to counterfeiting are estimated at EUR 3 billion.

• Toys: Toy sales are estimated to have lost almost EUR 1 billion in sales.

It is with great regret that we inform you that Francisco de Novaes da Cunha e Brito Soto Maior de Ataíde, known as Francisco de Novaes among his peers, died on Saturday, April 22, 2023. It was 92 years of a full life, having left 6 children, 18 grandchildren and 15 great-grandchildren.

Francisco de Novaes received the responsibility of leading the Francisco de Novaes Office from his grandfather in 1950, having been a true leader in the field of intellectual property, while transforming the office into one of the most distinguished Portuguese IP offices.

After decades of service, Francisco de Novaes always maintained a warm and friendly presence in the office until the end of his days. Known by his colleagues in Portugal and around the world as a generous mentor and a pioneer in the field of intellectual property, Francisco de Novaes will be deeply missed by those who worked with him in the national and international Associations to which he had the great pleasure of belonging.

Guided by its philosophy, its heirs will try to dignify its legacy and deserve the trust that our partners have always placed in this office.

José de Novaes Ataíde addressed the theme "Exporting Products safely" as a guest speaker at the conference held by Nersant on February 2, 2023.

The highlighted themes were: the definition of strategic markets, the viability of registration, protection instruments, the distribution agreement, the dangers of exporting without protection and the importance of using and maintaining the trademarks.

10.02.2023 - The European Commission launched a new fund to support small and medium companies (SME'S).

SME'S can apply for 2 types of vouchers, which allow a partial refund.

The following modes are currently available:

• Voucher 1: IP pre-diagnosis services (IP Scan) - Reimbursement of 90% of expenses up to a maximum of €810, in Portugal (in other Member States, the amount can go up to €1350);
• Voucher 2: Protection of trademarks and designs within the EU (national, regional and EU level) and outside the EU - Reimbursement of 75% /for national, regional and EU trademark and design applications) or 50 % (for international applications for registration of trademarks and designs through WIPO). Value of fees up to a maximum of €1000.

Following the last edition of the “SME Fund 2021 Ideas Powered for Business”, the European Commission launched a new fund available between 10 January 2022 and 16 December 2022, to support Small and Medium-sized Enterprises (SMEs) in their economic recovery.

SMEs can apply for 2 types of vouchers, depending on the activity in question, which allow a partial refund:

• Voucher 1: Total amount of €1500 and allows:

- IP SCAN, which is a process of analysis and advice on your company's portfolio of industrial property assets (trademarks and designs /models) carried out by a specialist and subsequent presentation of a strategic report, the value of which will be €900.00, refundable by 90%.

- Protection of trademarks and designs in the EU and in Portugal, companies being refunded 75% of the fees.

- Protection of trademarks and designs outside EU, companies being refunded 50% of the fees.

• Voucher 2: total amount of €750 - Usable for patent fees. Eligible fees are those charged by the Intellectual Property Institutes of the Member States applying for national patents and whose reimbursement will be 50% of the fee, limited to the amount attributed by the EU to this program.

If you need any further clarification or support, do not hesitate to contact our office!

Next April 20, 2021 (at 11 am), the Webinar "Exporting products safely" will be held, in partnership with Viniportugal and with Dr. José de Novaes Ataíde as speaker.

This Webinar will focus on the importance of the viability, protection, use and maintenance of the brand in export markets.

Registration is free and can be done at the link:

https://docs.google.com/forms/d/e/1FAIpQLSfIbNFm69R7V1ANkxkvO4AVqWxmaVsA5ShQ0zpQQKJXHoAh-w/viewform

On December 18, 2020, a new support fund worth 20 million euros, was launched to help small and medium-sized enterprises based in the European Union to access and benefit from their intellectual property (IP) rights.

Open to all enterprises in the EU that fit the official definition os SME, the new scheme offers financial support for trade mark and design application and for IP pre-diagnostic services (IP Scan), up to a maximum amount of EUR 1 500 per business.

Any question regarding this matter, we kindly ask you to contact our office.

Dear Clients and Colleagues,

We are closely monitoring the evolution of the local and internacional situation regarding COVID-19 global alert.

We proceeded with all precautions and internal safety procedures to guarantee the continuing functionality of our services.

Please be informed that our offices are open and our team is fully operational, and in any case, we have at our disposal all the internal support means to activate remote working from home, ensuring total support to our Clients and Colleagues. 

Our top priorities are the safety of our staff and professionals, as well as their families, and to continue to provide our services as normally as possible.

We remain at your service.

STAY SAFE!

In 2020, Francisco de Novaes celebrates 140 years!

We are thankful for the confidence and trust of our Clients over all these years.

We believe that the seniority of the Francisco de Novaes office is due to the demanding commitment in our work and the competence that is recognized by our Clients and Partners.

To all of those who made this moment possible, Clients, Partners, Associates, Collaborators, we appreciate all the trust and constant support, which makes us so proud.

We consider that we will be more motivated than ever to face all the challenges of the future regarding Intellectual Property.

The international trademark system administered by the World Intellectual Property Organization (WIPO) comes today, 02 October 2019, into force in Brazil.

The new Industrial  Property Code entered into force on July 01, 2019.

   Please note the following changes:

- The clarification of the regime of collective marks and certification marks.

- The introduction of “bad faith” as basis for refusal of marks;

- Introdução da inadmissibilidade de alterações substancias aos pedidos após publicação;

- General classification of classes is no longer accepted. It is now required the specification of each designated good/service;

- The mark duration is now calculated from the date of filing rather than from the date of grant;

- The possibility of invoking the lack of serious use of the obstacle marks;

- The requirement of susceptibility of graphic representation in trademarks is abolished;

- The introduction of a registration fee to be paid upon granting of trademarks and Logos;

- No substantial changes can be requested upon publication of Applications;

- The decision for invalidation of some IP rights will be taken by an administrative competence of the INPI;

- It has been established that arbitration in disputes between medicinal products proprietors and generics manufacturers is now voluntary;

- The new law will feature specific wording excluding from patentability plant and animals products directly obtained by essentially biological processes;

- The Law provides for new rights against indirect patent infringement, which were until now nor available in Portugal;

- The law now allows for “double protection” whereby a European Patent validated in Portugal can co-exist with a national patent or utility model;

-  The trade secrets protection regime will be clearly enshrined in the code and will also be applicable to non-competitors;

    We are at your disposal for any additional information.

On December 10, 2018, Decree-Law 110/2018, of December 10, was published, namely:

- Approves the new Industrial Property Code (CPI);

- Repeals the arbitration regime necessary for litigation involving reference and generic medicinal products by instituing the voluntary arbitration (Law no. 62/2011, of December 12);

- It amends the Law of the Organization of the Judiciary System, transferring from the Intellectual Property Court to theINPI the competence to decide the validity of registrations (Law no. 62/2013, of August 26).

The rules on the protection of Trade Secrets will enter into force on 1 January 2019. The entry into force of all other rules will will be on 1 July 2019.

José de Novaes Ataíde represented Francisco de Novaes office at INTA 2018 annual meeting, that took place in Seattle between May 19 and May 23 2018.

The European Commission has sent an announcement, on 01 December 2017, stating that the Effective date for Brexit with regard to IP rights will be 30 March 2019. As of this date, the United Kingdom will become a “third state” and the EU design registrations, EU trademark registrations and the pending applications will no longer be in effect in that country.

All existing seniority claims in EU trade marks based on national trademark rights in the UK will also cease to have effect in the EU. All international registrations of trade marks and designs having designated EU will no longer have effect in UK.

All Holders interested in maintaining/protecting their rights in the UK, should now consider to anticipate these changes, so we will be available for all necessary support.

On 1 November 2017, amendments to the Common Implementing Regulation of the Madrid Agreement and the Madrid Protocol entered into force, namely:

• Rule 9 - New "voluntary description" of a trademark;
• Rule 3 - Publication in the WIPO Gazette of nominations and cancellations of proxy holders;
• Rule 24 (5) - Irregularities in subsequent designations involving Form MM18 (Declaration of intent to use the mark - United States of America).

Francisco de Novaes is initiating contacts to strengthen and establish new partnerships with Colleagues in all countries where the clients IP rights are.

In this circumstances, we are looking to receive by e-mail some approaches to cooperate with our office (we cover all IP issues in Portugal, European Union and all Portuguese-speaking countries).

On 1 July 2017 entered into force the amendments to the Patent Cooperation Treaty (PCT) Implementing Regulations adopted on 14 October 2015 and 11 October 2016 and apply to the following rules:

Rule 4.10, Rule 12bis.1, Rule 12bis.2, Rule 23bis.1, Rule 23bis.2, Rule 41.1, Rule 41.2, Rule 45bis.1, Rule 51bis.1, Rule 86.1, Rule 95.1 and Rule 95.2.

The ceremony of the European Inventor of the Year award 2017 was held on June 15, 2017 in Venice and was attended by 600 guests from various sectors.

This award was launched by the European Patent Office (EPO) in 2006 and is the most prestigious European award for inventors from all over the world, and annually honors scientists, researchers and engineers whose pioneering inventions have been patented by the EPO and provide answers to some of the greatest challenges of our time.
The 2017 winners were:

• Industry: Jan van den Boogaart and Oliver Hayden (Netherlands/Austria);
• Research: Laurent Lestarquit, José Ángel Ávila Rodríguez, Günter W. Hein, Jean-Luc Issler and Lionel Ries (France, Spain, Germany, Belgium);
• Small and Medium Business: Günter Hufschmid (Germany);
• No European countries: James G. Fujimoto, Eric A. Swanson and Robert Huber (USA, Germany);
• Popular Award: Adnane Remmal (Morocco);
• Career Award: Rino Rappuoli (Italy).

It was published in the EU Official Journal of 15 June 2016 the Directive (EU) 2016/943 of the European Parliament and of the Council, of 8 June, on the know-how protection and confidential information (trade secrets) against the acquisition, use and unlawful disclosures.Trade secrets are the form used by some companies to protect intellectual creation, are valued at the point of being used as a complement or as an alternative to industrial property rights.

The directive intend to make the harmonization between the various Member States about the protection afforded by the know-how and confidential information. The new legal law also aims to strengthen the currently existing protection for trade secrets, establishing a set of civil mechanisms, without jeopardizing fundamental rights and freedoms or the public interest, may prevent and punish illegal practices in this field.