Category of IP right | Type of limitation | Description | Relevant regulation |
---|---|---|---|
Patents/Utility models/Designs | !!! PATENTS ONLY! - Limitations of rights conferred by a patent: | Acts performed in private and not for commercial purposes; The preparation of medicinal products performed at the time and for individual cases on the basis of a doctor’s prescription at pharmaceutical laboratories; Acts performed exclusively for trial or experimental purposes, including experiments for the preparation of the administrative processes required for the approval of products by the competent official bodies, though industrial or commercial exploitation of these products may not commence before expiry of the patent protecting them. | Industrial Property Code approved by Decree-Law 36/2003 of 5 March, Article 102 |
Patents/Utility models | !!! UTILITY MODELS ONLY - Limitations of rights conferred by registration: | Acts performed in private and not for commercial purposes; Experimental acts. | Industrial Property Code approved by Decree-Law 36/2003 of 5 March, Article 145 |
Industrial Designs | Limitations of rights conferred by registration: | Acts performed in private and not for commercial purposes; Acts for experimental purposes; Acts of reproduction for the purpose of reference or for didactic purposes. | Industrial Property Code approved by Decree-Law 36/2003 of 5 March, Article 204 |
Topographies of Semiconductor Products | Limitations of rights conferred by registration: | Private reproduction for non-commercial purposes; Reproduction for the purposes of analysis, assessment or teaching; Creation of a different topography from the analysis or assessment of the registered topography; The effect of protection shall not extend to a person who acquired in good faith a semiconductor product containing a protected topography and distributed without the consent of the topography owner. | Industrial Property Code approved by Decree-Law 36/2003 of 5 March, Article 165 |
Trade Marks | Trademark holder is not allowed to prohibit the following practices: | Use of his/her own name and address; Indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characte¬ristics of goods or services; The trade mark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts. | Industrial Property Code approved by Decree-Law 36/2003 of 5 March |
Copyright | The following types of shall not be viewed as copyright infringements: | Temporary reproduction during a technical transmission process; Reproduction, for private use, by means of photography or similar, with the exception of sheet music; Reproduction or communication to the public of extracts from public speeches; A regular selection of press articles (press review); Reproduction of parts of literary or artistic works for the informative purpose; Total or partial reproduction of a protected work by a Public Museum, Public Library or Public Archives; Non-non commercial use for educational purposes; Use of summaries of protected works with criticism or teaching purposes; Quotations; Reproduction of national hymns and religious songs, during public events or religious ceremonies; Use of protected works for advertising of an exhibition or sale of artistic works; Reproduction or communication to the public of current articles, economic, politic or religious discussions, broadcast works or similar, provided that such use has not been expressly reserved; Use of protected works in administrative, parliamentary or judicial processes or for public safety purposes; Communication to the public or making available to individual members of protected works by a Public Museum, Public Library or Public Archives; Reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons; Use of works, such as works of architecture or sculpture, made to be located permanently in public places; ncidental inclusion; Use in connection with the demonstration or repair of equipment; Use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building. | Code of Copyright and Related Rights of 1985 |
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