Support in the new GDPR General Data Protection Regulation

On May 25th, the GDPR (General Data Protection Regulation) came into force in the European Union. This regulation may be consulted on the official European Union website at https://ec.europa.eu or by clicking the following link.

Our company Gastão Cunha Ferreira is a Lisbon based organization, recognized by providing support in all matters related to Intellectual Property to our clients and partners in different jurisdictions.

We have more than 80 years of professional experience in counseling on these matters, both in Portugal and in the territory of the European Union.

We will be happy to support your activity in turning your organization compliant with the new GDPR Regulation. Contact us through the email [email protected] or by telephone at 00 351 21 882 3990 for more information.

Definition of a few terms that may help you to understand some matters

Bern Convention

The Bern Convetion in relation to the Protection of Literary and Artistic works took efect in 1886, allowing for the authors of works under this Convention obtain protection or their works in other Convention member countries.

Bern Union

Composed by all Contracting States to the Berne Convention for the Protection of Literary and Artistic Works. Portugal is a member of this Union.

Claims
Patents

Essential element of a patent application, that consists in a set of statements in which the applicant defines what is considered new and what characterizes the invention. The claims must be clear, concise, written correctly and based on the description.

Counterfeiting

Counterfeiting is an action involving the manufacturing or distribution of goods under someone else's name, and without their permission. Counterfeit goods are generally made from lower quality components, in an attempt to sell a cheap imitation of similar goods produced by brands consumers know and trust.

Degeneracy

A limiting case in which a class of object changes its nature so as to belong to another, usually simpler, class.

Description
Patents

A part of a Patent that gives enough information in order that enables a person of ordinary skill in the art to replicate the invention. The description will form the basic grounds for the Claims. The Claims may never be broader than the description.

Design
Designs

Designate the appearance and ornamentation of a product resultant from carecteristics of, namely, lines, contours, colors, forms, textures or materials of any industrial or handcrafted article.

Figurative Trademark
Trademarks

A Trademark represented by a picture or drawing.

Figurative/Nominative Trademark
Trademarks

Trademark represented by both figurative and nominative elements.

Industrial application
Patents

It's one of the requirements for the obtention of a Patent, and it refers to the possibility of one invention to be applied and produced at an industrial level.

INPI

Instituto Nacional de Propriedade Industrial. Its the Portuguese Office, responsible for the assignment of protection of the Industrial Property.

Intellectual Property

Its a branch of the Law that comprises copyright and that regulates the allocation of exclusive rights over intellectual creations of the literary, scientific and artistic domain and over the performers or producers or other specific categories as the rights over software and databases and Industrial Property.

Inventive Step
Patents

It's one of the requirements to the filing of a Patent application. It refers to the fact that the patent implies an Inventive Step when, to a specialist in the matter, the object of the invention cannot result in an obvious manner from the prior art.

Judicial Appeal

Means of challenging the decisions of the Portuguese Patent and Trademark Office.

Lisbon Agreement

Treaty signed in Lisbon, in 1958 on the international registration of the denominations of origin through the WIPO - World Intellectual Property Organization.

MA Marketing Authorization
Patents

Process of reviewing and assessing the dossier to support a medicinal product in view of its marketing (also called licensing, registration, approval, etc.), finalized by granting of a document also called marketing authorization (MA) (equivalent: product license). This process is performed within a legislative framework which defines the requirements necessary for application to the concerned (competent) regulatory authority, details on the assessment procedure (based on quality, efficacy and safety criteria) and the grounds for approval or rejection of the application, and also the circumstances where a marketing authorization already granted may be withdrawn, suspended or revoked.

Madrid System

A mechanism that allows the international registration based on national trademarks. It administered by WIPO. It allows the protection in a large number of jurisdictions, depending of the adherence of its countries to the Madrid Agreement of 1891 or to the Protocol of 1989, using only one proceeding.

Moral rights

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.

Nice classification
Trademarks

Classification assigned to the list of products or services, for which one can register a Trademark. There are 45 categories or classes, 34 of products and 11 of services.

Ownership rights

Ownership rights are related to the economical retribution that is produced from an intelectual work. It concerns the exclusive right of use of the literary, artistic or scientific work of its creator. The ownership right of the creator grants the possibility to license or transmit his work, allowing him to explore it as he sees fit.

Paris Convention

Refers to the Paris Convention for the Protection of Intellectual Property first signed in 1883 and updated again several times, the last being September 1979. It was the first international tool to establish common rules, to facilitate the protection of your rights across borders.

Paris Union

The Paris Union was established by the Paris Convention for the Protection of Industrial Property and is formed by all Contracting States of that Convention. Portugal is part of the Paris Union.

Patent
Patents

Industrial property right that protects new inventions, that imply inventive step and are suceptibles of industrial application. The invention patents give an exclusive right of exploration and prohibition of use of said invention in a determined territory for a determined period of time.

Personal Data
Data Protection

Any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Plagiarism

Plagiarism is the "wrongful appropriation" and "stealing and publication" of another author's "language, thoughts, ideas, or expressions" and the representation of them as one's own original work.

Prior rights search
Trademarks, Patents, Designs

Specific service that aims to detect, previously to the filing of an application, possible causes that may prevent the grant of the right. This service is essential to effectively prevent Oppositions in a later stage.

Priority Right
Trademarks, Patents, Designs

Identification of a prior right requested on another country or jurisdiction for the same right. Its legal validity is regulated by specific International Agreements.

Products or services
Trademarks

List of elements that a Trademark is subject to. They have to be organized in accordance to the Nice Classification, divided by classes.

Public Domain
Patents

It's the inventions, patent applications or granted patentes that by legal circumstances (legal durations, abandonment, ...), lose their rights and become available to the general public.

Summary
Patents

Small text that describes what is refered in the Description. It is one of the components of a Patent Application.

Title
Patents

Title that synthesizes the object of the invention. It is one of the elements of the patent application.

TRIP's Agreement

The TRIPs Agreement (Trade-Related Aspects of Intellectual Property Rights) is an international treaty, consisting in a set of agreements signed in 1994, that formed the World Trade Organization.

Unfair competition

Its the designation of an ilegal action agains any branch of economic activity.

Vienna Classification
Trademarks

Its a classification established in the Vienna Agreement, that allows for an international classification for the figurative elements in a trademark. It was established in 1985 and is administered by the WIPO. For more informations, consult WIPO.

Word Trademark
Trademarks

Trademark represented by a name, word or expression.

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