CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 32 /XI

Exhibition of Motives

The XVIII Government Programme lays out as one of the priorities in the area of justice a

promotion of new policies for a simpler, unbureaucratized, Celere Justice,

accessible, punctual, transparent and predictable. In that sense, it took aim at

improve the quality of the public service of Justice, pugnising for a Justice that is seen

by citizens more as a service than as power and which takes over as a factor of

promotion of economic development, creating conditions for legal certainty, the

trust and the capturing of internal and external investment.

As lines of action have been fixed the prediction of decongestment measures of the

courts, in such a way as to ensure the increase in the speed of the court decision, but also the

cost reduction, the promotion of access and in improving the own quality of the decision and

new mechanisms for the uniformization of jurisprudence.

In the same way, the Government has also established as a priority to continue to perfect

the institutional and organisational moulds in which the Justice operates.

Considering the high number of pendants and the average length of time of the

processes, it will impose to consider solutions which, based on the needs of specialisation

of some subjects and the volume and procedural complexity attached to them,

enable an accredibilation of justice, upon its approximation of citizens and a

better distribution of the processes that will allow, in the future, a better decision and more

celere.

CHAIR OF THE COUNCIL OF MINISTERS

Such solutions do not only go through and only by changes of procedural indies, but also by

forms of taking advantage of the organisational model provided for in the Organization Law and

Operation of the Judicial Tribunals (LOFTJ), ensuring better apportionment of the

material competence of the courts in accordance with the specificity and complexity of the

issues.

On the basis of these priorities, under the bet on the specialization of the courts, the

Government presents the present law, which essentially aims at the creation of Courts of

specialist competence for intellectual property and for competition, regulation and

supervision and the fixation of the competences of these new Courts.

And if in the case of Intellectual Property it aims to anticipate its creation, which already finds itself

recommended in the 2008 LOFTJ, in the case of Competition, Regulation and Supervision deals

of an innovative solution that reflects the bet on autonomous and differential treatment

of these issues.

The increment of the state's regulatory function, through independent entities

regulating, with sanctionatory competence in very specific sectors of activity and

complexes, requires from the system of justice, namely from the Magistrates who have to judge

resources of the decisions of the regulatory bodies, particularly in respect of

counter-ordinance, a high degree of specialization.

The creation of the intellectual property court and the court of competition, regulation and

supervision allows to ensure a better redistribution of processes and the

decongestion and reduction of the number of pendants in the Trade Courts,

courts where the number of pendants is very high. To the advantages inherent in the reduction

of the number of processes there are, the special complexity of these are joined together

subjects, the supra national impact of the legal goods in question and motives of celerity in the

progress of decisions, ensuring a speedier and more appropriate decision for these

issues.

CHAIR OF THE COUNCIL OF MINISTERS

In order to proceed immediately to the establishment of the aforementioned courts, and in the face of entry into

Gradual vigour of the LOFTJ of 2008, proposes to amend Article 78 of the Law of

Organization and Functioning of Judicial Tribunals, passed by Law No. 3/99, of 13

of January, still beholdant to the generality of the national territory, altering the cast of the

existing specialized jurisdiction courts and introducing the two new types of

courts.

Similarly, the addition to the same Law of two new articles is proposed with the

fixing the competences of the new courts and changes, in accordance, the article

laying down the competences of the courts of commerce.

It also introduces itself in the LOFTJ, the possibility of the creation of Courts of competence

specialized with competence over the entire national territory.

Looking to ensure some compliance between LOFTJ of 1999 and LOFTJ of 2008, the

which in the future will invigorate throughout the national territory, it is recommended that in this

Law to be introduced identical amendments to the amendments that are proposed for the LOFTJ of

1999.

Considering that the intellectual property judgments are already provided for in this Act,

it is proposed to amend Article 74 for the prediction of the judgements, regulation and

supervision and the addition of a new article for the fixation of their competences.

Ensuring the harmony and coherence of the entire legal system, in accordance with

option of setting up specialist competency judgements for the handling of the issues of

intellectual property and the issues of competition, regulation and supervision, and

considering the competences of the new courts, it is proposed to amend the diplomas

that, in this scope, they refer to other courts and stipulate an express remission to

the new courts whose existence now goes on to predict.

CHAIR OF THE COUNCIL OF MINISTERS

In this sense alters the Industrial Property Code, approved by the Decree-Law

no 36/2003 of March 5, modifying the competent Court for the assessment of the

issues concerning industrial property, competence that cede ceasing to the courts of

Trade and passes the caber to the Intellectual Property court as well as the regime

legal tender, approved by Law No. 18/2003 of June 11, modifying the

Court competent for the appeal of the decisions of the Competition Authority,

competence that cees to fit the courts of commerce and passes the caber to the court of

Competition.

In the same way, the General Regime of Credit Institutions and Societies is amended.

Financial approved by Decree-Law No. 298/92, of December 31, the Decree-Law

n 94-B/98, of April 17, the Securities Code, approved by the Decree-Law

n ° 486/99 of November 13, the Electronic Communications Act, passed by the Law

n ° 5/2004 of February 10 and the Law No. 99/2009 of September 4 promoting the

change in the material competence for the judicial challenge of the decisions of the entities

regulatory and supervisory control in counterordinational matter, which it passes on to compete

Court of Competition, Regulation and Supervision.

The Competition Authority has been heard.

The hearing was promoted by the Superior Council of Magistrates, of the Higher Council of the

Prosecutor's Office, the Order of Lawyers, the House of Solicitors and the Council

of the Officers of Justice.

The hearing was promoted, on the optional basis, of the Bank of Portugal, of the ICP-Authority

National of Communications (ICP -ANACOM), of the Regulatory Entity of Communication

Social, of the Securities Market Committee, of the Insurance Institute of

Portugal, of the National Institute of Industrial Property, of the Institute of Technologies of

Information in Justice and the Association of Consultants in Industrial Property.

CHAIR OF THE COUNCIL OF MINISTERS

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:

Chapter I

Amendment to the Law on the Organization and Health of the Judicial Tribunals

Article 1.

Amendment to Law No. 3/99 of January 13

Articles 78 and 89 of Law No 3/99 of January 13 shall be replaced by the following:

" Article 78.

[...]

The following courts of specialist competence may be set up:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) Of intellectual property;

g) From competition, regulation and supervision;

h) [ Previous point f) ];

i) [ Previous point (g) ].

CHAIR OF THE COUNCIL OF MINISTERS

Article 89.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [ Repealed ];

g) [...];

h) [ Repealed ];

i) Dissolution shares of European joint-stock company;

j) Dissolution actions of holding companies of social shareholdings;

2-Compete yet to the courts of commerce to judge the impugments of the

dispatches from the Conservatives of the commercial register, as well as the

impugments of the decisions rendered by the Conservatives in the framework of

administrative procedures for dissolution and liquidation of societies

commercials.

3-[...]. "

CHAIR OF THE COUNCIL OF MINISTERS

Article 2.

Addition to Law No. 3/99 of January 13

They are deferred to Law No. 3/99 of January 13, Articles 21, 89-A and 89-B, with the

following wording:

" Article 21.

Special rules of territorial competence

1-It can be attributed, by decree-law, to the courts of Relation and comarch,

even when unfolded, a territorial competence distinct from the

district or comarch, whenever it is warranted with a view to a larger

rationalization in the judicial distribution.

2-Can be created, by decree-law, courts of specialized competence

with competence over the entire national territory, when justified

by the needs of specialization and the volume and complexity

procedural.

Article 89-The

Competence

1-Compete to the court of intellectual property know of the issues

relating to:

a) Actions in which the cause of asking for verse on copyright and rights

related;

b) Actions in which the cause of asking for verse on industrial property,

in any of the modalities provided for in the Act;

c) Nullity and cancellation actions provided for in the Property Code

CHAIR OF THE COUNCIL OF MINISTERS

Industrial;

d) Appeals for decisions that we have provided for in the Code of

Industrial property grant, refuse or have for effect to

extinction of any industrial property right;

e) Resources of the decisions of the National Property Institute

Industrial, in the process of counter-ordering;

f) Implementation of the decisions of the National Property Institute

Industrial, in the process of counter-ordering;

g) Statement actions in which the cause of asking for verse about names of

domain of .PT;

h) Resources of the decisions of the Foundation for Scientific Computing

National, as a competent entity for the registration of names of

domain of .PT, which register, refuse to register or remove a

domain name of .PT;

i) Actions in which the cause of asking for verse about firings or denominations

social;

j) Resources of the decisions of the Institute of Registries and Notariat

concerning the admissibility of firms and denominations in the framework of the

legal regime of the National Register of Collective People;

l) Actions in which the cause of asking for verse about the practice of acts of

unfair competition provided for in the Industrial Property Code;

m) Measures to obtain and preserve proof when required in the

scope of the protection of intellectual property rights.

CHAIR OF THE COUNCIL OF MINISTERS

2-A the jurisdiction referred to in the preceding paragraph covers the respective

incidents and apensos.

Article 89-B

Competence

1-Compete to the court of competition, regulation and supervision know of the

questions regarding:

a) Resources of the decisions of the Competition Authority, in

counter-ordering process;

b) Appeals of the decisions of the Competition Authority handed down

in administrative procedures referred to in the legal regime

of the competition, as well as of the ministerial decision provided for in the article

34. of the Decree-Law No. 10/2003 of January 18,

c) Appeal of the other decisions of the Competition Authority that

admit recourse, in the terms provided for in the legal regime of the

competition;

d) Appeal, review and implementation of the decisions of the Bank of Portugal in

counterordinance process or any other measures of the

even Bank taken in the same process and legally

capable of impugning;

e) Appeal of decisions, dispatches and too much measures that are

legally susceptible to impugation taken by the Institute of

Portugal's insurance in counterordinance process, as well as

to proceed to the implementation of the final decisions;

CHAIR OF THE COUNCIL OF MINISTERS

f) Resource, review and implementation of the decisions of the Market Committee

of Securities (CMVM) in counterordinance process,

or any other measures of the CMVM taken in the framework of

even proceedings that are legally susceptible to challenge;

g) Resources of the ICP decisions-National Authority of

Communications (ICP-ANACOM) in the framework of counter-proceedings

ordering;

h) Features of the decisions of the Regulatory Entity for the

Social Communication (ERC) in counter-ordering process;

i) Appeal, review and implementation of decisions rendered in proceedings

of counterordinance by the remaining administrative entities

independent with functions of regulation and supervision.

2-A the jurisdiction referred to in the preceding paragraph covers the respective

incidents and apensos. "

Article 3.

Amendment to the systematic organization of Law No. 3/99 of January 13

In Section III of Chapter V of Law No. 3/99 of January 13, the

following changes:

a) A subsection with the following designation is added: " Subsection VII-Tribunal

of the intellectual property ", which includes Article 89-A;

b) A subsection with the following designation is added: " Subsection VIII-Tribunal

of competition, regulation and supervision ", which includes Article 89-B;

c) Subsections VII, VIII and IX are renumbered, passing to sections IX, X, XI,

respectively.

CHAIR OF THE COUNCIL OF MINISTERS

Article 4.

Amendment to Law No. 52/2008 of August 28

Articles 74, 110, 121 and 122 of the Law No. 52/2008 of August 28, pass to

following wording:

" Article 74.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) Competition, regulation and supervision;

g) [ Previous point f) ];

h) [ Previous point (g) ];

i) [ Previous point (h) ];

j) [ Previous point (i) ];

l) [ Previous point (j) ].

3-[...].

4-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Article 110.

Competence

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) Judging the resources of the decisions of the administrative authorities in

counterordinance processes, save the resources expressly

attributed to the judgment of intellectual property in Art. 122 and the

judgment of competition regulation and supervision in Article 122, and

save the provisions of Articles 119, 121, 123, 132, and 133, when

there are, in the comarch, the respective judgments of competence

specialized;

e) [...].

Article 121.

Competence

1-[...]:

a) [...];

b) [...];

c) [...];

CHAIR OF THE COUNCIL OF MINISTERS

d) [...];

e) [...];

f) [...];

g) [...];

h) [...].

2-Compete still to the trade judgements to judge the impugments of the

dispatches from the Conservatives of the commercial register, as well as the

impugments of the decisions rendered by the Conservatives in the framework of

administrative procedures for dissolution and liquidation of societies

commercials;

3-[...].

4-[ Revoked ].

5-[ Revoked ].

Article 122.

Competence

1-[...]:

a) Actions in which the cause of asking for verse on copyright and rights

related;

b) [...];

c) [...];

d) Appeals for decisions that we have provided for in the Code of

CHAIR OF THE COUNCIL OF MINISTERS

Industrial property grant, refuse or have for effect to

extinction of any industrial property right;

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) Actions in which the cause of asking for verse about the practice of acts of

unfair competition provided for in the Industrial Property Code;

m) Measures to obtain and preserve proof when required in the

scope of the protection of intellectual property rights.

2-[...].

3-[ Revoked ]. "

Article 5.

Addition to Law No. 52/2008 of August 28

It is added to Law No. 52/2008 of August 28, Article 122, with the following wording:

" Article 122.

Competence

1-Compete to the judgements of competition, regulation and supervision know of the

questions regarding:

a) Resources of the decisions of the Competition Authority, in

CHAIR OF THE COUNCIL OF MINISTERS

counter-ordering process;

b) Appeals of the decisions of the Competition Authority handed down

in administrative procedures referred to in the legal regime of the

competition, as well as the ministerial decision provided for in Article 34.

of Decree-Law No 10/2003 of January 18;

c) Appeal of the other decisions of the Competition Authority that

admit recourse, in the terms provided for in the legal regime of the

competition;

d) Appeal, review and implementation of the decisions of the Bank of Portugal in

counterordinance process or any other measures of the

even Bank taken in the same process and legally

capable of impugning;

e) Appeal of decisions, dispatches and too much measures that are

legally susceptible to impugation taken by the Institute of

Portugal's insurance in counterordinance process, as well as

to proceed to the implementation of the final decisions;

f) Resource, review and implementation of the decisions of the Market Committee

of Securities (CMVM) in counterordinance process,

or any other measures of the CMVM taken in the framework of

even proceedings that are legally susceptible to challenge;

g) Resources of the ICP decisions-National Authority of

Communications (ICP-ANACOM) in the framework of counter-proceedings

ordering;

h) Features of the decisions of the Regulatory Entity for the

ERC Social Communication in counter-ordering process;

CHAIR OF THE COUNCIL OF MINISTERS

i) Appeal, review and implementation of decisions rendered in proceedings

of counterordinance by the remaining administrative entities

independent with functions of regulation and supervision.

2-A the jurisdiction referred to in the preceding paragraph covers the respective

incidents and apensos. "

Article 6.

Amendment to the systematic organization of Law No. 52/2008 of August 28

In Section V of Chapter V of Law No. 52/2008 of August 28, the

following changes:

a) A subsection with the following designation is added: " Subsection VI-Juízos da

competition, regulation and supervision ", which includes Article 122-A;

b) Subsections VI, VII and VIII are renumbered, passing Sections VII, VIII and

IX respectively.

Chapter II

Other changes

Article 7.

Amendment to Decree-Law No 298/92 of December 31

Article 229 of the General Regime of Credit Institutions and Financial Societies,

approved by Decree-Law No. 298/92 of December 31, passes to have the following

wording:

CHAIR OF THE COUNCIL OF MINISTERS

" Article 229.

[...]

The court competent for the appeal, review and implementation of the decisions of the

Bank of Portugal in counterordinance process, instituted on the terms

of this diploma, or of any other measures of the same Bank taken in the

scope of the same process and legally susceptible to impugning is the

court of competition, regulation and supervision. "

Article 8.

Amendment to Decree-Law No 94-B/98 of April 17

Article 231 of the Decree-Law No. 94-B/98 of April 17, is replaced by the following:

" Article 231º

[...]

The court of competition, regulation and supervision is the competent court

to get to know the appeal of decisions, dispatches and too much action taken

by the administrative authorities in the course of the procedure, as well as to

proceed to the execution of the final decisions. "

Article 9.

Amendment to Decree-Law No 486/99 of November 13

Article 417 of the Securities Code, approved by the Decree-Law No. 486/99,

of November 13, it is replaced by the following:

CHAIR OF THE COUNCIL OF MINISTERS

" Article 417.

[...]

It is competent to know the appeal, review and implementation of the decisions of the

CMVM in counterordinance process, or any other measures of the

CMVM taken in the framework of the same process that are legally

susceptible to challenge, the court of competition, regulation and

supervision. "

Article 10.

Amendment to Law No. 18/2003 of June 11

Articles 50, 52, 54 and 55 of Law No 18/2003 of June 11 approving the scheme

legal tender, as amended by Decrees-Laws 219/2006, of November 2, and

18/2008, of January 29 and by Law No. 52/2008 of August 28, go on to have the following

wording:

" Article 50.

Competent court and effects

1-Of decisions rendered by the Authority determining the application of

fines or other penalties provided for in the law shall be appean to the court

of competition, regulation and supervision, with suspensive effect.

2-Of the remaining decisions, dispatches or other measures adopted by the

Authority is up to appeal to the same court, with effect merely

bounty, in the terms and limits set out in Article 55 (2) of the

Decree-Law No. 433/82 of October 27.

Article 52.

CHAIR OF THE COUNCIL OF MINISTERS

Appeal of decisions of the court of competition, regulation and supervision

1-The decisions of the court of competition, regulation and supervision that

admit recourse, in the terms provided for in the general scheme of the countervailing

ordinances, are contestable with the court of the Relation, which decides on

last instance.

2-Of the judgments delivered by the court of the Relation is not up to appeal

ordinary.

Article 54.

Competent court and effects of the appeal

1-Of the decisions of the Authority handed down in procedures

administrative as referred to in this Law, as well as of the decision

ministerial provided for in Article 34 of the Decree-Law No. 10/2003, 18 of

January, it is up to appeal to the court of competition, regulation and

supervision, to be tramped up as special administrative action.

2-The resource provided for in the preceding paragraph has an effect merely

bounty, unless it is assigned, exclusive or cumulatively with

other interim measures, the suspensive effect by way of the decrement

of provisional measures.

Article 55.

Appeal of decisions of the court of competition, regulation and supervision

1-Of the decisions rendered by the court of competition, regulation and

supervision in the administrative actions referred to in this section

it is up to jurisdictional appeal to the court of Relation and of this, limited to the

matter of law, to the Supreme Court of Justice.

2-[...].

3-[...]. "

Article 11.

CHAIR OF THE COUNCIL OF MINISTERS

Amendment to the Code of Industrial Property

Articles 40 and 46 of the Industrial Property Code, approved by the Decree-Law

n. 36/2003 of March 5, as amended by the Decrees-Laws 318/2007, of 26 of

September, 360/2007, of November 2 and 143/2008, of July 25 and by the Laws

n ° 16/2008 of April 1 and paragraph 52/2008 of August 28, it shall be replaced by the following:

" Article 40.

[...]

1-For the resources provided for in the preceding Article shall be competent the court of

intellectual property.

2-For the purposes set out in Articles 80 to 92 of the Regulation (EC)

n ° 6/2002, of the Council of December 12, 2001 and in Articles 95 to

105. of Council Regulation (EC) No 207/2009 of 26 of

February 2009, is competent the intellectual property court.

Article 46.

Appeal of the court decision

1-[...].

2-The decisions of the intellectual property court admitting appeal,

on the terms set out in the general scheme of the counter-ordinations and the articles

80 to 92 of the Council Regulation (EC) No 6/2002 of 12 of

December 2001, and in articles 95 to 105 of the Regulation (EC)

207/2009, of the Council of February 26, 2009, are challenging

to the court of the territorially competent Relation for the area of the

court of intellectual property.

3-[ Previous Article No 2 ]. "

CHAIR OF THE COUNCIL OF MINISTERS

Article 12.

Amendment to the Electronic Communications Act, adopted by Law No. 5/2004, of 10

of February

Articles 13 and 116 of the Electronic Communications Act, passed by the Law

n ° 5/2004 of February 10, as amended by Decree-Law No. 176/2007 of May 8 by the

Law No. 35/2008 of July 28 by the Decree-Law No 123/2009 of May 21 and by the

Decree-Law No 258/2009 of September 25 shall be replaced by the following:

" Article 13.

[...]

1-The decisions, dispatches or other measures, adopted by the NRA

in the context of counterordinance processes arising from the application

of the legal regime of electronic communications, are impugable together

of the court of competition, regulation and supervision.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

CHAIR OF THE COUNCIL OF MINISTERS

9-[...].

10-[...].

11-[...].

12-The decisions of the court of competition, regulation and supervision

admitting recourse, in the terms provided for in the general scheme of

counter-ordinations, are contestable with the court of the Relation

competent.

13-[...].

Article 116.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-Of the acts of the NRA practiced under this Article shall be appeased

for the court of competition, regulation and supervision, when practiced

within the framework of a counterordinance process, and for the courts

administrative, in the remaining cases. "

Article 13.

CHAIR OF THE COUNCIL OF MINISTERS

Amendment to Decree-Law No 95/2006 of May 29

Article 38 of the legal regime applicable to distance contracts relating to services

financial concluded with consumers, provided for in the Decree-Law No. 95/2006, 29 of

May and amended by Decree-Law No. 317/2009 of October 30, it shall have the following

wording:

" Article 38.

[...]

The court competent to know the judicial challenge, the review and the

implementation of the decisions rendered in proceedings of counter-ordinance instituted

in the terms of this title is the court of competition, regulation and

supervision. "

Article 14.

Amendment to Decree-Law No 144/2006 of July 31

Article 94 of the legal regime of insurance and reinsurance mediation, provided for in the

Decree-Law No. 144/2006 of July 31 and amended by Decree-Law No. 359/2007, of 2

of November, shall be replaced by the following:

" Article 94.

[...]

The court of competition, regulation and supervision is the competent court

to get to know the appeal of decisions, dispatches and too much action taken

by the Insurance Institute of Portugal in the course of the process, as well as for

proceed to the execution of the final decisions. "

Article 15.

CHAIR OF THE COUNCIL OF MINISTERS

Amendment to Law No. 25/2008 of June 5

Article 57 of Law No. 25/2008 of June 5, as amended by Decree-Law No. 317/2009, of

October 30, is replaced by the following:

" Article 57.

[...]

1-The court competent for judicial challenge, review or enforcement

of any decision delivered in the counterordinance process by a

supervisory authority of financial entities is the court of the

competition, regulation and supervision.

2-In the case of the application of decisions referred to in the preceding paragraph in

counter-ordering processes in which an entity is argued not

financial, the competent court is the court of competition, regulation and

supervision. "

Article 16.

Amendment to Law No. 99/2009 of September 4

Article 32 of the framework regime of the counter-ordinations of the communications sector,

is approved by Law No. 99/2009 of September 4, it is replaced by the following:

" Article 32.

[...]

1-[...].

2-The decisions, dispatches or other measures adopted by the ICP-

ANACOM in the framework of counterordinance processes are challenging

to the court of competition, regulation and supervision.

3-[...].

CHAIR OF THE COUNCIL OF MINISTERS

4-[...]. "

Article 17.

Electronic tramping of processes

1-A The tramping of the proceedings of the jurisdiction of the intellectual property court is

carried out by electronic means pursuant to Art. 138 of the Code of Civil Procedure.

2-A The stepping stone of the proceedings of the jurisdiction of the court of competition, regulation and

supervision is carried out equally by electronic means, in the terms to be defined by portaria

of the member of the Government responsible for the area of justice, and the provisions

procedurals relating to acts of the magistrates and judicial secretaries to be the subject of the

practical adaptations that prove necessary.

Article 18.

Distribution of processes

Pending lawsuits in courts or judgements that lose competence for the tramway

of these processes in the face of the installation of the court of intellectual property or the court

of the competition, regulation and supervision are redistributed to the competent court in the

terms to be defined by portaria of the member of the Government responsible for the area of justice.

Article 19.

Abrogation standard

They are revoked:

a) Article 121 (4) and (121), Article 122 (3) and Articles 167 and 168 of the

Law No. 52/2008 of August 28;

b) The points f) and h) of paragraph 1 and (1) a) of Article 89 (2) of Law No 3/99, of

January 13;

CHAIR OF THE COUNCIL OF MINISTERS

c) The point c) of Article 89 (2) of Law No 3/99 of January 13 and 3/99 b)

of Article 121 (2) of Law No 52/2008 of August 28.

Article 20.

Entry into force

1-A This Law shall enter into force on the 1's working day of the judicial year following that of its

publication, without prejudice to the provisions of the following paragraphs.

2-A revocation provided for in paragraph b) of the previous article, as well as Article 89-The added

by Article 2 to Law No 3/99 of January 13 and the amendment made by Article 11 to the

40. of the Industrial Property Code only come into force with the installation of the

court of intellectual property.

3-A revocation provided for in paragraph c) of the previous article, as well as Article 89-B added

by Article 2 to Law No. 3/99 of January 13, Article 122, which is added by Article 5 to the

Law No. 52/2008 of August 28, as well as the amendments provided for in Articles 1, in the

part in amending Article 89 (2) of Law No 3/99 of January 13 and in the Articles

7, 8, 9, 12, 13, 14, 15, 15 and 17 and 17 only come into force with the

facility of the court of competition, regulation and supervision.

Seen and approved in Council of Ministers of May 20, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs