Mr Paulo Monteverde

Paulo Monteverde

Lawyer biography

Paulo is a partner at BMA
He finished his Law Degree from the Universidade Católica de Lisboa in 1997 and subsequently completed two post graduation degrees: one in Intellectual Property and another one in Information Society Law, both at the Faculdade de Direito da Universidade de Lisboa.
Subsequently Paulo joined the Portuguese Bar Association.
Paulo has been the Vice-President of the Portuguese Consultants IP Association (ACPI) for over 5 years. Currently, Paulo is the President of the Board of the Disciplinary Board of ACPI.
He has been representing parties in litigation and providing advice in legal matters such as patents, pharmaceutical law, trademarks, contractual IP rights, software licensing, database protection and anti-counterfeiting.
Paulo is an IP arbitrator at the Portuguese arbitration center ARBITRARE and he is also a member of the Geographical Indications of Marques, a subcommittee member of the publications committee of the International Trademark Association, a member of European Community Trademark Association, UNION, FICPI, AIPPI and ITMA.
Paulo is a frequent speaker at the university and in national and international conferences and seminars and has published articles on several legal matters.


Arbitration & ADR

Arbitrator removed after repeated appointment in patent enforcement disputes
Portugal | 03 September 2015

The Lisbon Court of Appeal recently ruled on a request to remove an arbitrator in proceedings between a patentee and the applicant for marketing authorisation for a generic medicine. The court decided that the arbitrator's repeated appointment by the same parties in disputes about the same active ingredient cast doubt on his independence and ordered his disqualification.

Intellectual Property

Lisbon Court of Appeal finds that BELCANTO is a "trademark with a reputation"
Portugal | 22 July 2019

The Lisbon Court of Appeal recently found that the trademark BELCANTO, used by the Belcanto restaurant in Lisbon, was a "trademark with a reputation" and another party's application to register the trademark to sell wines. The judgment shows that Portuguese case law is departing from the mere quantitative parameters of assessing the reputation of a trademark to focus on the relevance of a mark's national and international recognition.

New Industrial Property Code enters into force
Portugal | 15 July 2019

The new Industrial Property Code recently entered into force with a number of amendments resulting from the implementation of the EU Trademark Regulation. Most of the changes represent a real break with the previous legal framework. The main changes concern trademark registration, the scope of rights conferred by patents and limitations on the subject matter of utility models.

IP Court grants SPC for second medical use
Portugal | 23 February 2015

The IP Court has granted a supplementary protection certificate (SPC) for a second medical use, despite the existence of a previous SPC for the same product and the same basic patent, and contradicting the practice of the Portuguese Patent Office. The decision illustrates the harmonisation of Portuguese jurisprudence with European Court of Justice jurisprudence on SPCs.