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Legal Protection A | A
 
For complex matters please seek legal assistance. You may access the Portuguese Bar Association site at: http://www.oa.pt/

The holder of an industrial property right have several ways to react:

• If you want to punish the offender, you may institute criminal or administrative proceedings within the courts, by presenting a complaint to the competent authorities (ASAE - Portuguese Food Safety Authority, GNR - National Republican Guard, PSP - Police Force and Public Prosecutor’s Office). Any person performing a criminal offense may be imprisoned (jail sentence) or his/her assets may be reached (fine), while who commits an unlawful administrative offense may be punished with a penalty.

• If you want to receive a compensation for moral or/and asset loss you should know that offences produce non-contractual tort, meaning the offender may be forced to compensate you. In these cases you may request action for damages till the closing of the enquiry or up to 20 days after the defendant’s notification of the criminal charge. If there is no criminal charge, you should ask for compensation after the indictment’s notification. If the request amount is less than € 5000 (within the jurisdiction of the District Court), you can ask for a compensation for the damages you suffered. If the amount is equal or superior to € 5000 you must be represented by a lawyer. 
 
• Moreover, the Court may order measures relating to the fate of the goods subject of infringement as well as injunctions (for example, the violator can be forced to cease his/her commercial activity or lose the right to take part in fairs or markets).
 
PT | EN
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