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Newsletter November 2019

Legal Updates

INPI will decide on the invalidity or cancelation of trademarks and other registrations

By virtue of the transposition of Directive (EU) 2015/2436 and the application of the new intellectual property code, the declaration of invalidity or the voiding of trademark registrations is no longer the exclusive competence of the Intellectual Property Court and is transferred to the National Intellectual Property Office services (INPI, I. P.) with the creation of the revocation Board.

Thus, the declaration of invalidity or cancelation of registrations of designs, trademarks, logos, designations of origin, geographical indications and rewards shall now be the result of a decision of the INPI, I. P., save for when it is the result of a counterclaim filed in an action brought before the court.

Applications for annulment lodged at the INPI, I. P., shall be filed or presented within five years of the granting order. Having said that, the declaration of invalidity or cancelation of patents, supplementary protection certificates, utility models and topography of semiconductor products can still only result from a judicial decision.

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Tax arbitration legal system

Last September 18, 2019, law no. 118/2019 of September 17 was published, which amended the legal regime of tax arbitration (RJAT), extending the grounds of appeal of the arbitration decision in tax matters to the Supreme Administrative Court.

Arbitration in tax matters was introduced in the Portuguese legal system as a corollary of the right to effective judicial protection, and a rule of unappealable judgement was established by the arbitration tax tribunals.

Now, the amendment introduced by law no. 118/2019, allows an arbitration decision to be reviewed when it is in opposition, not only with a judicial decision rendered by the superior courts, but also with another arbitration decision.

It is therefore intended that this amendment may promote speed in the settlement of disputes between the tax authorities and taxpayers, and thus result in increased demand for this means of dispute settlement.

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Business Updates

Expanding TVDE generates more than 3,000 new companies in portugal

The passenger transport sector in uncharacterized light vehicles (TVDE) had a growth of 120% compared to last year, motivated in part by the promulgation of law no.45/2018 of August 10, which establishes the legal regime of the activity of individual and remunerated passenger transport in vehicles that are uncharacterized, through an electronic platform.

It requires that, in order to start the activity of TVDE operator, it is necessary to set up a company on national territory and to apply for a 10-year licence from IMT. This means that cities such as Oporto, Setúbal and Faro are expanding in this sector, with Lisbon showing the strongest growth of these new TVDE-related companies. This growth in the sector has been a factor in mobilising and boosting the economy, also at the level of the increasing number of operators of electronic platforms (i.e. those providing the intermediary service between user and TVDE operator).

In fact, in addition to Uber, already present around the world, there are also three other operators of electronic platforms in Portugal, Cabify, Bolt and Kapten. Given the increasing number of entrepreneurs joining the platforms, there is still room to grow and the entry of new players into the market, which is clearly expanding, is to be expected.

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Golden Visas: Investment goes up 30% in September 2019

The Portuguese residence permit program for investors is an international success: in almost seven years the investment accumulated until September 2019 totalled 4,851,321,701.65 euros. Last September, the investment collected through Gold visas rose by 29.7%, year on year, to 48.5 million euros, with only 75 Golden visas being granted in that month, 67 of which were required to purchase real estate and the rest by means of capital transfers.

The Golden Visa can be obtained through various kinds of investments, all of which shall be retained for a minimum period of 5 years, the most common being the purchase of the property in an amount exceeding 500 thousand euros; the transfer of capital of at least 1 million euros, or the acquisition of property of at least 30 years old, or located in an area of urban regeneration and the implementation of rehabilitation works, amounting to a total of at least 350 thousand euros.

Candidates for the Golden Visa who opt for the regime of non-habitual residents also benefit from a very favourable tax regime in Portugal. Caiado Guerreiro, has extensive experience in this area, providing a complete service, turnkey, being present at all stages of the process and offering an objective, fast and practical approach in “one-stop-shop”, thus guaranteeing a personalized and high-quality service to its clients.

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