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27 June 2005
In 2000, within the framework of the Programme of Incentive Programme to Modernize the Economy, the Portuguese government created the Incentive Scheme for the Use of Industrial Property, thus supporting proprietary rights (eg, patents, designs and trademarks). In March 2005 the government issued a new regulation to execute the scheme, whereby the scheme was extended to applications for marketing authorizations of pharmaceutical products.
The complexity and increasing competitiveness of the life sciences industry demands the enhanced support of research and development (R&D), as well as the protection of the associated proprietary rights.
The incentives granted under the scheme are non-refundable and calculated as a percentage of the eligible expenses that may vary between 40% and 75%, up to a total of €300,000.
The scheme is directed at specific sectors to support and spur on the development of certain essential factors - mainly with regard to technological innovation, designs and trademarks. It aims to create a sustainable increase in productivity by promoting the use of industrial property systems and marketing authorizations for medicinal products.
Therefore, the scheme seeks to stimulate R&D, creativity and innovation by companies, inventors, entrepreneurs and independent designers, technological structures and other R&D-related institutions using the IP system. It also aims to encourage applications for marketing authorizations of pharmaceutical products in Portugal and abroad. It applies only to products created and developed in Portugal.
With regard to the envisaged economic sectors, the scheme has a broad scope, targeting the industrial, energy, construction, commercial, tourist and service sectors.
The incentives cover expenses incurred through the following:
In addition, the scheme covers the expenses incurred in research of the state of the art
in studies on the technical and economic viability of the development, manufacture
and marketing of an innovation or creation. It also covers the promotion and
selection of potential partners in the industry to be developed.
This scheme is therefore a very important instrument to overcome the high costs involved in the protection of proprietary rights. These costs are particularly significant when starting up businesses, which often discourages inventors and creators. Thus, the scheme is crucial to boosting entrepreneurship, R&D and IP protection in Portugal.
In addition, it contributes to increasing the awareness of businesses with regard to the importance of proprietary rights in the protection of their technologies and ultimately the viability of their activities.
For further information on this topic please contact César Bessa Monteiro at Abreu Cardigos & Associados by telephone (+351 21 7231800) or by fax (+ 351 21 7231899) or by email (firstname.lastname@example.org).
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César Bessa Monteiro