Portugal - Patent protection under the Industrial Property Act Sample Clauses

Portugal - Patent protection under the Industrial Property Act. Timeline: Request for consultations filed by the United States on May 6, 1996; notification of mutually agreed solution on October 8, 1996. - Summary In this case, the United States argued that the term of protection for patents in Portugal was incompatible with article 33 of the TRIPS Agreement which provides for a term of twenty years counted from the filing date under 70.2 of the TRIPS Agreement, the provisions of article 33 of the TRIPS Agreement applies to all patents that were in force on January 1, 1996 and to all patents granted based on applications that were pending on that date. Portugal issued decree law 141-96 which confirmed that all patents that were in force on January 1, 1996 and all patents granted after that date based on applications that were pending on January 1, 1996 would receive a term of protection of fifteen years from the date of grant or twenty years from the effective filing date, which ever term is longer.
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