Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposed Law No. 11 /XI
Exhibition of Motives
The Directive No 2005 /36/CE of the European Parliament and of the Council of September 7 of
2005, concerning the recognition of professional qualifications, as amended by the Directive
n. 2006 /100/CE of the Council of November 20 and transposed into planning
legal internal by Law No. 9/2009 of March 4, assigned to community citizens the
right to engage in an activity, on its own or by outrain, in a member state
different from the one in which they have acquired their professional qualifications.
Subsequently, Directive No 2006 /123/CE, of the European Parliament and of the Council, of
December 12, 2006, concerning freedom of establishment and provision of services
in the European Union, imposed on member states the obligation to conform to the regimes of
authorization with the principles of nondiscrimination and proportionality, eliminating the
legal and administrative obstacles to the exercise of activities in the European Union that
do not respect such principles. Both of these directives have imposed still obligations of
simplification of procedures and formalities applicable to the exercise of activity in a
Member state other than that of the origin of the service provider, specifically through
of the provision of electronic procedures and the creation of single balconies, measures
that reinforce themselves with the now planned regime.
Framing the activity of the official agents of industrial property in the said
directives, amendments to the Decree-Law No. 15/95 of January 24 on the part concerning the
exercise of the activity, they rightly aim to harmonise the internal legal planning with
such community obligations, ensuring access to the system of industrial property
portuguese by professionals established in a member state of the European Union
that in Portugal, they wish to acquire the quality of official agent of the property
industrial or, if you already possess it in the country of origin, see this quality recognised.
CHAIR OF THE COUNCIL OF MINISTERS
2
For this, it is expressly recognized as industrial property agents the nationals
of member states of the European Union (including nationals of States not
members of the European Union who are signatories to the Agreement on the Economic Area
European) legally enabled to carry out the activity of official agent of the property
industrial and which meet the conditions laid down in Decree-Law No. 15/95 of January 24.
As an indispensable requirement for the acquisition and recognition of the quality of agent
officer in Portugal, predicts in both situations the harness in proof of aptitude
intended to attest to the prior knowledge of the Right of Industrial Property in force in
Portugal, in equal circumstances with the national professionals, whose
regulation is fixed by porterie of the member of the Government responsible for the area of
industrial property. It is a requirement imposed by other member states of the
European Union, of which it stands out to Germany, Belgium, Slovakia, Slovenia, France,
Netherlands, Ireland, the United Kingdom and the Czech Republic.
The realization of such proof with harnessing is mandatory in cases where a
interested intending to acquire, for the first time, the quality of AOPI-i.e. always
that this has not yet acquired that quality in any other member state of the
European Union-as well as in cases in which the person concerned, being already AOPI in another
Member state, intend to see this recognized quality with a view to establishing itself in
Portugal to here carry out its activity.
In the first situation, the realization of the evidence as provided for in Section II (" Acquisition of the
quality of official agent of industrial property ") of Chapter I of the diploma in
amendment, in particular in paragraph f ) of Article 2 (1) and in Article 3, enquel in the
scope of Directive No 2006 /123/CE, concerning services on the market
internal. In this situation, in which the person concerned intends, not the recognition of his
professional qualifications, but the acquisition of the quality of AOPI for the provision
temporary of services or for the definitive establishment in Portugal, Article 9 of the
said Directive provides for the possibility for member states to subordinate access to
a particular activity of services to an authorization regime where justified
for a compelling reason of general interest which, in accordance with Article 4 (8), does not leave
to include the subjects that are related to intellectual property.
CHAIR OF THE COUNCIL OF MINISTERS
3
On the other hand, the imposition of a measure of compensation in the activity under consideration
results still from the need to ensure consistency and equality between both regimes (the
recognition of AOPI's professional qualifications and the acquisition of quality
of AOPI), as well as ensuring full equality in the face of national stakeholders, being that
these, whenever they wish to acquire the quality of AOPI, are also subject to
to the realization of a proof at the National Institute of Industrial Property, I. P. (INPI,
I. P.) who seeks to attest to his knowledge and technical preparation for advising
and represent applicants in the practice of acts of industrial property.
Already the achievement of the proof for the purpose of recognizing professional qualifications of
AOPI wishing to establish themselves in Portugal, as provided for in Section III
(" Acknowledgement of the professional qualifications of official agent of the property
industrial established in another member state of the European Union ") of Chapter I of the
a degree in amendment, in particular in Article 3 (4), enrolled in the scope of
application of Directive No 2005 /36/CE on the recognition of qualifications
professionals, in particular in Article 14, which makes it possible for the adoption by the States
members of countervailing measures, such as the achievement of an adaptation stage or
of a proof of aptitude, for the recognition of the professional qualifications of the
professionals who in them wish to establish themselves in a stable and continuous manner.
Such a possibility is also provided for in Article 11 of Law No 9/2009 of 4 of
March, which transposed Directive No 2005 /36/CE, to the national legal planning.
Under both diplomas, where training in a member state covers
material substantially different from those required by national law for the profession
at cause, the national authority may impose the achievement of an adaptation stage or
a proof of aptitude. Directive No. 2005 /36/CE, further adds that any
of these countervailing measures may be imposed in relation to the professions whose exercise requires
a precise knowledge of national law and in which counselling and / or provision of assistance in
matter of national law constitutes an essential and constant element .
In this proposed law, it was chosen by the realization of a proof of aptitude for being the
instrument that best allows to demonstrate to the INPI, I. P., the knowledge
necessary and indispensable technicians for the regular exercise of the AOPI activity, being
CHAIR OF THE COUNCIL OF MINISTERS
4
that the harness in the said aptitude test is already the requirement required of any
interested that currently wishes to acquire the quality of AOPI in Portugal, on the terms
of Article 3 of the Decree-Law No 15/95 of January 24.
Finally, for respecting the rights, freedoms and guarantees, in particular to the freedom of
choice of profession, provided for in Article 47 (1) of the Constitution, the matter shall be enrolled
within the framework of the relative reservation of parliamentary legislative competence provided for in ( b) from the
n Article 165 (1) of the Constitution. However, the need for the publication Celere of the
present diploma, so as to allow your notification to the European Commission and to put an end
to the infringement procedure No 2007/2010 brought against the Portuguese State, imposes that
opts for the submission of a proposed material law at the expense of a proposal
of authorization law.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Subject
1-A This Law amenages the Decree-Law No. 15/95 of January 24 as regards the
Regime of the exercise of the agent activity of industrial property, adapting it to the
Scheme for the recognition of professional qualifications provided for in the Directive
n. 2005 /36/CE, of the Parliament and of the Council of September 7, 2005 and in the
Council Directive No 2006 /100/CE of November 20, 2006 laid down
for the internal legal order by Law No. 9/2009 of March 4.
2-A This Law also seeks to partially transpose to domestic legal order the Directive
n. 2006 /123/CE, of the European Parliament and of the Council of December 12, 2006,
on services in the internal market.
3-References to nationals or citizens of member states of the European Community
and of the European Union made in the decree-law in amendment must understand-if as being
CHAIR OF THE COUNCIL OF MINISTERS
5
made also of nationals or citizens of non-EU member states
that are signatories to the Agreement on the European Economic Area, pursuant to the
Decision of the EEA Joint Committee No 142/2007 of October 26 amending the Annex
VII ("Mutual recognition of professional qualifications") and Protocol No 37 of the
EEA Agreement.
Article 2.
Amendment to Decree-Law No 15/95 of January 24
Articles 1, 2, 3, and 18 and 18 of the Decree-Law No. 15/95 of January 24, amended by the
Decree-Law No 54/2001 of February 15 and by the Decree-Law No. 206/2002 of 16 of
October, they are replaced by the following:
" Article 1.
[...]
1-Are official agents of industrial property:
a) The professionals who have acquired or come to acquire that
quality in the terms of this decree-read;
b) The professionals who as such have been recognized;
c) The nationals of member states of the European Union legally
enabled to carry out the activity of official agent of the property
industrial and which meet the conditions laid down in this Decree-
law.
2-The National Institute of Industrial Property, I. P., is the authority
competent to assign and recognize the quality of official officers of the
industrial property in Portugal.
Article 2.
[...]
CHAIR OF THE COUNCIL OF MINISTERS
6
1-To acquire the quality of official agent are indispensable requirements the
following:
a) Being a citizen of a member state of the European Union, greater and not
be inhibited from their civil and political rights;
b) [...];
c) [ Revoked ];
d) Having establishment in Portugal or in the territory of a State
member of the European Union;
e) Be a graduate holder;
f) Have harness in proof of aptitude with a view to the acquisition of the
quality of official agent of industrial property, under the terms of the
Next article, to be regulated by porterie of the member of the Government
responsible for the area of industrial property, intended to attest the
prior knowledge of the Right of Industrial Property prevailing in
Portugal.
2-[...].
Article 3.
[...]
1-A The quality of official agent of industrial property acquires
upon approval in provision of evidence to which they are admitted
individuals enabled with a degree.
2-[...].
CHAIR OF THE COUNCIL OF MINISTERS
7
3-[...].
4-A The list of the approved candidates shall be submitted for approval by the
member of Government responsible for the area of industrial property and
published on the portal of the National Institute of Industrial Property.
Article 10.
[...]
1-[...].
2-The Deputy shall be a Portuguese citizen or State member of the Union
European.
3-[...].
4-By death or definitive impediment of the respective official agent, the
adjoining that they meet the conditions required by the ( a ), b ) and and ) from the
n Article 2 (1) may continue to sign all official documentation
up to the realization, with harness, of the proof of aptitude for the acquisition
of the quality of official agent of industrial property, to which they must
submit in the shortest possible time.
5-The chairman of the governing board of the National Institute of Property
Industrial may authorize the adjunct to continue to sign this
documentation until it is known to take advantage of the aptitude test to
that has been submitted.
Article 18.
[...]
CHAIR OF THE COUNCIL OF MINISTERS
8
1-Are authorized procurators the natural persons who, not being agents
officers of industrial property, have in the three years prior to
entry into force of this decree-law, upon special authorization,
promoted acts and terms of process to the National Institute of the
Industrial Property.
2-Authorized prosecutors can, in that capacity, practise the acts and
the terms of the process, joining together for the simple proxy effect and with
special powers for each process. "
Article 3.
Addition to the Decree-Law No. 15/95, of January 24
They are deferred to Decree-Law No. 15/95 of January 24, as amended by the Decree-Law
n. 54/2001 of February 15 and by the Decree-Law No. 206/2002 of October 16, the
articles 1-A, 1.-B and 3.-A to 3 ºC, with the following:
" Article 1.
Form and tramway of applications
1-A practice of the acts necessary for the acquisition or recognition of the
quality of official agent of industrial property shall be made,
preferentially, by electronic data transmission.
2-In the instruction of applications for acquisition and recognition of the quality of
official agent of industrial property can be accepted simple copies and
uncertified translations.
CHAIR OF THE COUNCIL OF MINISTERS
9
3-Whenever necessary, the National Institute of Industrial Property
may require a translation into the Portuguese language of the requirements, of the
statements and the documentation that accompanies them.
4-Where the applicant or declarant originates in another State
member of the European Union and subsist doubts about any of the
aspects referred to in this Chapter, the National Institute of
Industrial property shall comply with the provisions of Article 51 (2) of the
Law No. 9/2009 of March 4, by contacting to the effect the authorities
competent from the country of origin.
5-The National Institute of Industrial Property makes available on its portal
and on the one-stop shop information about the requirements, in particular the
referring to procedures and formalities to be complied with to access and exercise
the activity of official industrial property agent, as well as other
useful information about the official agents of industrial property.
6-Are fixed by porterie of the member of the Government responsible for the area of
industrial property and disclosed on the portal of the National Institute of
Industrial Property, in the Citizen's Portal, in the Company's Portal and in the
Single counter the following elements:
a) All regulatory standards referring to the documentation that you owe
instruct the requests;
b) The fees to which the same are subject;
c) The deadlines for the decision and the subsequent procedural plotting;
d) The regulation of realisation of the proofs of aptitude;
e) The terms of investiture.
Article 1-B
CHAIR OF THE COUNCIL OF MINISTERS
10
Principle of cooperation
The National Institute of Industrial Property cooperates with the entities
homologs of the remaining member states of the European Union, under the terms of the
n Article 51 (2) and in Article 52 (4) of Law No 9/2009 of March 4.
Article 3-The
Freedom of establishment in Portugal
1-Can establish itself in Portugal for the exercise of agent activity
industrial property officer the professional who posits a title of
training required in another member state of the European Union for it
exercise such activity.
2-The title of training mentioned in the preceding paragraph shall:
a) Have been issued by a competent authority for the purpose;
b) To prove the level of professional qualification at the equivalent minimum
to a post-secondary education training with minimum duration of three
years.
3-May still establish himself in Portugal the professional he has exercised, the
full time, the activity of official agent of industrial property,
for two years in the course of the previous 10 years, in a State
member of the European Union that does not regulate this activity, since
which posits a training title equivalent to that provided for in the e) from the
n Article 2 (1).
4-The professionals mentioned in the previous figures become subject to the
conduct of proof of aptitude biased to the permanent exercise of the
CHAIR OF THE COUNCIL OF MINISTERS
11
activity of official agent of industrial property in Portugal, nos
terms of the previous article, to be regulated by the porterie provided for in the f)
of Article 2 (1).
Article 3-B
Freedom to provide services
To acting in Portugal under the principle of the free provision of services,
of the official agent of industrial property that for such an effect meet
established in another member state of the European Union, the
provisions of articles 3 to 5 of Law No 9/2009 of March 4.
Article 3-C
Use of professional title
1-The professional whose qualifications are recognised in the terms of the article
3.-A can use the professional title " official agent of the property
industrial ".
2-In the cases provided for in the preceding paragraph, the exercise of the activity in
Portugal is subject to the rules to which the agents submit
officers of industrial property who have acquired that quality in the
terms of section I of this chapter.
3-The professional whose qualifications are recognised in the terms of the article
previous one uses solely the professional title of the country in which you find
established, in the official language of that country.
4-In cases provided for in the preceding paragraph and always that the professional title
of the official agent of industrial property does not exist in the country of
CHAIR OF THE COUNCIL OF MINISTERS
12
establishment, the provider may use his or her training title in one of the
official languages of that country. "
Article 4.
Amendment to the systematic organization of Decree-Law No 15/95 of January 24
The following changes are promoted to the systematic organization of Decree-Law No 15/95,
of January 24, as amended by Decree-Law No. 54/2001 of February 15 and by the
Decree-Law No. 206/2002 of October 16:
a) A section I shall be added to Chapter I, called "General Provisions", which
contains the articles 1, 1.-A and 1.
b) A section II is added to Chapter I, called " Acquisition of the quality of
official agent of industrial property ", which contains Articles 2 and 3;
c) A section III is added to Chapter I, called ' Recognition Of
professional qualifications ", which contains the articles 3-A and 3-B;
d) A section IV is added to Chapter I, referred to as " Exercise of activity of the
official agents of industrial property ", which contains Articles 3-C to 19,
inclusive.
Article 5.
Transitional arrangement
Articles 4 to 8 of the Decree-Law No. 15/95 of January 24, amended by the Decree-Law
n. 54/2001 of February 15 and by the Decree-Law No. 206/2002 of October 16,
remain in force until the entry into force of the regulatory porterie of the realization of the
proofs of aptitude and the terms of investiture, provided for in Article 6 (6)
Article 6.
Abrogation standard
CHAIR OF THE COUNCIL OF MINISTERS
13
The subparagraph shall be repealed. c) from Article 2 (1) and Articles 4 to 8 and 11 of the Decree-Law
n ° 15/95 of January 24, as amended by Decree-Law No. 54/2001 of February 15, and
by Decree-Law No. 206/2002 of October 16.
Article 7.
Republication
It is republished, in annex to this Law, of which it is an integral part, the Decree-Law
n ° 15/95 of January 24, with the current wording.
Seen and approved in Council of Ministers of March 11, 2010
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
14
ANNEX
Republication of the Decree-Law No. 15/95 of January 24
CHAPTER I
Of the agents of industrial property
SECTION I
General provisions
Article 1.
Official agents of industrial property
1-Are official agents of industrial property:
a) The professionals who have acquired or come to acquire that quality in the
terms of the present decree-lei;
b) The professionals who as such have been recognized;
c) The nationals of member states of the European Union lawfully enabled the
to engage in the activity of official agent of industrial property and who meet the
conditions laid down in this decree-law.
2-The National Institute of Industrial Property, I. P., is the competent authority for
assign and recognize the quality of official agents of industrial property in
Portugal.
Article 1-The
Form and tramway of applications
1-A the practice of acts required for the acquisition or recognition of the quality of
official agent of industrial property shall be made preferentially by
electronic transmission of data.
CHAIR OF THE COUNCIL OF MINISTERS
15
2-In the instruction of applications for acquisition and recognition of the quality of official agent
of industrial property can be accepted simple copies and uncertified translations.
3-Where necessary, the National Institute of Industrial Property may require a
translation into the Portuguese language of the requirements, declarations and the
documentation that accompanies them.
4-Where the applicant or declarant originates in another Member State of the Union
European and subsist doubts about any of the aspects referred to in the present
chapter, the National Institute of Industrial Property shall comply with the provisions of the
n Article 51 (2) of Law No 9/2009 of March 4, by contacting to the effect the
competent authorities of the country of origin.
5-The National Institute of Industrial Property makes available on your portal and at the counter
only information about the requirements, in particular those regarding procedures and
formalities to be complied with to access and carry out the activity of official agent of
industrial property, as well as other useful information about the official agents of the
industrial property.
6-Are fixed by porterie of the member of the Government responsible for the area of the property
industrial and disseminated on the portal of the National Institute of Industrial Property, in the
Citizen's Portal, in the Company Portal and on the one-stop the following elements:
a) All regulatory standards referring to the documentation that you owe
instruct the requests;
b) The fees to which the same are subject;
c) The deadlines for the decision and the subsequent procedural plotting;
d) The regulation of realisation of the proofs of aptitude;
e) The terms of investiture.
CHAIR OF THE COUNCIL OF MINISTERS
16
Article 1-B
Principle of cooperation
The National Institute of Industrial Property cooperates with the homologous entities of the
other member states of the European Union, in accordance with Article 51 (2) and paragraph 4
of Article 52 of Law No 9/2009 of March 4.
SECTION II
Acquisition of the quality of official agent of industrial property
Article 2.
Conditions of access
1-To acquire the quality of official agent are indispensable requirements as follows:
a) Being a citizen of a member state of the European Union, greater and not being
inhibited from their civil and political rights;
b) Not to be inhibited from the exercise of the profession by decision transitioned on trial;
c) [ Revoked ];
d) Having establishment in Portugal or in the territory of a member state of the
European Union;
e) Be a graduate holder;
f) Have an aptitude test harness with a view to the acquisition of the quality of
official agent of industrial property, in the terms of the following article, the
regulatory for the porterie of the Government member responsible for the area of
industrial property, intended to attest to the prior knowledge of the Right of
Industrial property beholdant in Portugal.
CHAIR OF THE COUNCIL OF MINISTERS
17
2-The nationals of member states of the European Community will be, for the purposes of the
present diploma, equated to Portuguese citizens.
Article 3.
Examination of the provision of evidence
1-A The quality of official agent of industrial property acquires upon approval
in provision of evidence to which individuals are empowered with a
degree.
2-The proofs of the exam will be provided in Portuguese language, constructing from a proof
writing and an oral discussion.
3-A The final ranking will be that of the arithmetic mean of the written and oral proofs.
4-A The list of the approved candidates shall be submitted for approval by the member of
Government responsible for the area of industrial property and published in the portal of the
National Institute of Industrial Property.
SECTION III
Recognition of professional qualifications
Article 3-The
Freedom of establishment in Portugal
1-Can establish itself in Portugal for the exercise of official agent activity of the
industrial property the professional who posits a training title required in another
Member state of the European Union for him to carry out such activity.
2-The title of training mentioned in the preceding paragraph shall:
a) Have been issued by a competent authority for the purpose;
b) To prove the level of professional qualification at the minimum equivalent to one
post-secondary education training with a minimum duration of three years.
CHAIR OF THE COUNCIL OF MINISTERS
18
3-May still establish himself in Portugal the professional he has exercised, on time
whole, the activity of official agent of industrial property, for two years in the
previous 10 years, in a member state of the European Union that does not
regulated this activity, provided that it posits a training title equivalent to the
provided for in paragraph e) of Article 2 (1).
4-The professionals mentioned in the previous figures become subject to the realization of
proof of suitability biased to the permanent exercise of the official agent activity of the
industrial property in Portugal, pursuant to the previous article, to be regulated by
would be provided for in the paragraph f) of Article 2 (1).
Article 3-B
Freedom to provide services
On acting in Portugal under the principle of the free provision of services, of agent
industrial property officer who for such purpose is set to be established in another state
member of the European Union, the provisions of Articles 3 to 5 of the Act apply.
n. 9/2009, of March 4.
SECTION IV
Exercise of the activity of the official agents of industrial property
Article 3-C
Use of professional title
1-The professional whose qualifications are recognised under the terms of Art. 3-A may
use the professional title "official agent of industrial property".
2-In cases provided for in the preceding paragraph, the exercise of activity in Portugal
is found subject to the rules to which the official agents of the property are subjected
industrialist who have acquired that quality pursuant to section I of the present
chapter.
CHAIR OF THE COUNCIL OF MINISTERS
19
3-The professional whose qualifications are recognized under the previous article uses
solely the professional title of the country in which it is established, in the language
officer of that country.
4-In cases provided for in the preceding paragraph and always that the professional title of agent
officer of industrial property does not exist in the country of establishment, the provider may
use your training title in one of the official languages of that country.
Article 4.
[ Revoked ]
Article 5.
[ Revoked ]
Article 6.
[ Revoked ]
Article 7.
[ Revoked ]
Article 8.
[ Revoked ]
Article 9.
Registration of signatures
1-The signatures and the headings of the official agents and the respective adjoining constaron of
an existing special register at the National Institute of Industrial Property.
2-No document signed by official agent or adjunct will be received without the
readable indication, together with the signature, the name and the respective office.
Article 10.
CHAIR OF THE COUNCIL OF MINISTERS
20
Deputy agent of industrial property
1-The official agent may have an adjunct, for the exercise of his / her duties, for whose acts
will be responsible.
2-The Deputy shall be a Portuguese citizen or member state member of the European Union.
3-Documents signed by the Deputy will be considered, for all legal purposes,
as signed by the official agent.
4-By death or definitive impediment of the respective official agent, the adjoining that
meet the conditions required by the ( a ), b ) and and ) of Article 2 (1) may
continue to sign all official documentation up to the realization, with exploitation, of the
proof of aptitude for the acquisition of the quality of official agent of the property
industrial, to which they must submit in the shortest possible time.
5-The Chairman of the governing board of the National Institute of Industrial Property
may authorize the adjunct to continue to sign such documentation until it is known to
take advantage of the proof of aptitude to which you have submitted.
Article 11.
[ Revoked ]
Article 12.
Supptive law
In everything that is not expressly regulated in the present diploma, the activity of the
official agents shall be governed by the provisions of civil law for the mandate.
Article 13.
Dispensation
CHAIR OF THE COUNCIL OF MINISTERS
21
1-Official agents will request on behalf of and in the interests of the parties that they are their clients
and constituents, with dispensation from the display of the mandate, except by treating as an act which
involves dismissals of patent applications, deposit or registration, or waiver of rights
of industrial property.
2-The director of competent services may, however, require at any time that
prove their quality of mandators with the presentation of the instructions of the
customers or notarial proxy.
Article 14.
Exclusion of references
The official agents will only be able to use in their applications and correspondence with the
National Institute of Industrial Property, its name and the designation of the office.
Article 15.
Suspension of activity
1-Official agents of industrial property may suspend the exercise of the respective
activity provided that this notifying the National Institute of Industrial Property.
2-A suspension of the activity of the agent entails the cessation of the duties of the deputy in his / her
relations with the National Institute of Industrial Property.
3-The agent in a situation of suspension of activity may require at all time the
return to the exercise of duties.
Article 16.
Undue invocation of the quality of agent of industrial property
CHAIR OF THE COUNCIL OF MINISTERS
22
Incursion into the sanction of the crime of usurpation of functions provided for in the Criminal Code the one that
become falsely entitled official agent or do, by any means, advertising tendant to
make believe that it possesses that quality.
Article 17.
Acts prohibited to officials
1-To employees on duty at the National Institute of Industrial Property is prohibited
replace themselves with the official agents or other mandators, or with them illegitimately if
relate, directly or indirectly, to the competence of the Institute.
2-A provision of any information or clarifications, verbals or writings,
establishes the presumption of the exercise of the procuratorate, save as to the officials
competent for the purpose.
Article 18.
Authorized prosecutors
1-Are authorized prosecutors the natural persons who, not being official agents of the
industrial property, have in the three years prior to the entry into force of the present
decree-law, upon special authorization, promoted acts and terms of process along
of the National Institute of Industrial Property.
2-Authorized prosecutors may, in that capacity, practise the acts and terms of the
process, joining for the simple proxy effect and with special powers for each
process.
Article 19.
Sanctionatory regime
CHAIR OF THE COUNCIL OF MINISTERS
23
The sanctionatory regime of the violation of the professional duties of the official agents of the
industrial property will build a diploma of their own.
CHAPTER II
From the National Institute of Industrial Property
Article 20.
Access to information
The National Institute of Industrial Property provides the information relating to all
modalities of industrial property.
Article 21.
Organization of information
1-The National Institute of Industrial Property will compulsorily have to
organized information in such a way as to make it possible to identify and recover the
following acts:
a) The submission of any documents relating to the various modalities of
industrial property, in particular the date of the submission of applications;
b) Dispatches exploded by the services in the requirements relating to the acts and
terms of the processes and the averbings in the securities;
c) The judicial decisions that affect the titles of the different modalities of
industrial property;
d) The reception and dispatch of correspondence;
e) The collection and eventual return of fees and the revenue from services
provided.
CHAIR OF THE COUNCIL OF MINISTERS
24
2-In addition to the information arranged in the manner indicated in this article, there may be
other informative elements or form of organization of these elements which if
show of recognized usefulness.
Article 22.
File
1-In the archive of the National Institute of Industrial Property will be guarded all the
documents, so that it is easy for the respective consultation.
2-Decorrides the legally established deadlines, the documents referred to in the number
previous will be able to be destroyed or archived at the National Property Institute
Industrial in proper support, which allows for your full reproduction without loss of
informative content.
Article 23.
Guarantee of reservation
1-The documents filed or pending will not come out of the National Institute of the
Industrial property by reason or pretext some, save the cases of removal by
cause for force majeany, owing to the judicial or extrajudicial representations that require its
presentation take place at the Institute itself.
2-Except also from the provisions of the preceding paragraph the shipment of the proceedings to the judgment
competent to resolve the interposed appeal of the decision handed down.
3-A shipment of the process to judgement and then your receipt will be annotated in the respective
service at the time corresponding to the presentation.
Article 24.
CHAIR OF THE COUNCIL OF MINISTERS
25
Registration of entry
Applications for a patent, model, drawing or registration will be, at the time of their
presentation, annotated according to legal processes, in which the number, the day and
the time of the reception, the name and residence of the applicant and his / her representative, if there is and
the legal category of industrial property that it is treated for.
Article 25.
Tax obligations
No act submitted for registration and subject to rights or taxes due to the Farm
National can be definitely considered registered without showing paid for the
rights or taxes already settled, or secured the payment of those who are by
liquidate, in the form that the respective regulations determine.
Article 26.
Restitution of documents
1-Documents whose original or authentic copy are in a permanent way in
any public file or public office, nationals, will be restituted to those interested
after making the registration; the other documents will be archived at the Institute
National Property of Industrial Property, save the cases provided for in this diploma.
2-If the presented documents and copies are written or drawn by
form that offers great difficulty in your reading or examination, it may be required that the
interested present copies that can easily read or examine themselves.
3-Documents expeded by foreign authority or repartitions will only be
admitted, for any purposes, after their legalization, pursuant to the law of the
process.
4-From the rule enunciated in the preceding paragraph excepted cases in which the Conventions
international in force expressly waiving the legalization of certain documents
coming from the countries to which the same conventions are applicable.
CHAIR OF THE COUNCIL OF MINISTERS
26
Article 27.
Verification of applications
1-At the time of the submission of applications the officials in charge of the reception of
documents will be limited to check if the same are correctly directed,
duly signed, the importance of the rates to be met and whether they are together
required all the documents in them.
2-Any missing dismissing subsequently will be given notice.
Article 28.
Certificates
The certificates should be passed in time to be able to hand over to those who request them in the
day after the submission of the application.
Article 29.
Forms
The applications should be submitted on a form of their own, whenever they are
established by the National Institute of Industrial Property.
Article 30.
Bulletin
At the National Institute of Industrial Property will be made available to the public, for consultation,
a complete collection of the Bulletin.
Article 31.
Entry into force
This diploma shall come into force on June 1, 1995.