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PORTUGAL

Since September 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Decree-Law No. 138/2014 on the Regime to Safeguard Strategic Assets Essential to Ensure the Security of National Defence and Security and the Country's Supply of Services Fundamental to the National Interest, in the Areas of Energy, Transport and Communications (Decreto-Lei No. 138/2014 relativo ao Regime de Salvaguarda dos Ativos Estratégicos Essenciais para Garantir a Segurança da Defesa e Segurança Nacional e a Prestação ao País de Serviços Fundamentais para o Interesse Nacional, nos Domínios da Energia, Transportes e Comunicações)
Portugal’s foreign direct investment screening mechanism is mainly found in Decree-Law No. 138/2014. The legislation provides for screening in connection to strategic assets in sensitive industry sectors such as energy, transport, and telecommunications. The mechanism establishes both an ex-post opposition screening regime and the possibility for any interested party to request previous confirmation from the Portuguese government. The authorities responsible for foreign direct investment screening in Portugal are the respective Ministries responsible for the energy, transport and communication sectors and the Portuguese Council of Ministers. The Portuguese FDI screening mechanism is triggered if (i) the transaction results, directly or indirectly, in the acquisition of direct or indirect control over strategic assets; and (ii) the person(s) acquiring such control are third-country nationals, i.e. they are domiciled in or their statutory headquarters or effective place of business is in a non-EU or EEA country. It is reported that although Portugal has not yet activated its investment screening mechanism, the government has indicated that an inter-institutional working group of the Ministry of Economy, the Ministry of Foreign Affairs and European Affairs will be reactivated to align the Portuguese investment screening law with the EU directive and deliver concrete results.
Coverage Horizontal

PORTUGAL

Since December 2018, last amended in January 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Decree-Law No. 110/2018 on Intellectual Property Law (Decreto-Lei No. 110/2018 Código da Propriedade Industrial, transpondo as Diretivas (UE) 2015/2436 e (UE) 2016/943)
The official language of proceedings before the Portuguese Industrial Property Office (INPI) is Portuguese. However, the application may initially be filed in English. A Portuguese translation thereof must be submitted within one month of the corresponding notification from the Office, provided that an additional fee is paid. Moreover, it is reported that different activities within the application procedure have to be assisted by an intellectual property agent, such as the submission of specific translations (see Art. 83 Decree-Law No. 110/2018).
Coverage Horizontal

PORTUGAL

Since November 1992

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Portugal is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PORTUGAL

Since May 2001
Since September 1998, as amended in August 2004

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Law No. 62/98 of 1 September, Regulating the Provisions of Article 82 of the Code of Copyright and Related Rights (Lei n.º 62/98, de 1 de setembro, regula o disposto no artigo 82.º do Código do Direito de Autor e dos Direitos Conexos)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. Member States have transposed the Directive with significant freedom.
The amendment of Law No 62/98 (Decree-Law 63/1986) applies to Directive 2001/29/EC. The exceptions mentioned in the law include:
- Temporary reproduction - Reproduction of work exclusively for private purposes;
- Reproduction and making available to the public by the media for the purpose of information, speeches, addresses and conferences given in public;
- Reproduction by a public library, a public archive, a public museum, a non-commercial documentation centre or a scientific institution or educational institution under conditions listed in the law;
- Reproduction, distribution and public availability for teaching and education purposes;
- Quotation.
Coverage Horizontal

PORTUGAL

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been reported that, between 2017 and 2022, Portugal recorded one of the highest rates of internet piracy among EU Member States. Portugal, along with Greece and Cyprus, notably leads the EU in piracy rates of live sporting events, significantly exceeding the EU average. Moreover, it is reported that in 2022, pirated TV content experienced a notable increase, with TV shows, series, and on-demand movies being the most commonly pirated genres.
Coverage Horizontal
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[{"post_id":"82631"},{"post_id":"82632"},{"post_id":"82633"}]
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ITA: [{"meta_value":"EU"}]

PORTUGAL

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.88%
Coverage rate of zero-tariffs on ICT goods (%)
77.3%
Coverage: Digital goods

POLAND

Since June 2014
Since May 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Act of 30th May 2014 on Consumer' Rights (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act of 30th May 2014 on Consumer's Rights.
Coverage Horizontal

POLAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Poland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

POLAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Poland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

POLAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Poland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

POLAND

Since March 2010, entry into force in May 2010, last amended in 2018
Since December 1992, entry into force in March 1993, as amended in August 2021
Since July 2005, as amended in August 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Broadcasting Act (Ustawa z dnia 29 grudnia 1992 r. o radiofonii i telewizji.)

Act of 30 June 2005 on Cinematography (Ustawa z dnia 30 czerwca 2005 r. o kinematografii)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Poland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of August 2021 (Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act). According to Art. 47f of the Act, on-demand audiovisual media service providers must reserve at least 30% of their catalogue for European programmes, including those originally produced in Polish, and ensure they are appropriately visible in their catalogues. This percentage is calculated based on the total number of programmes available in the catalogue for each quarter, with a single season of a series counted as one programme.
Additionally, under Art. 19.6 of the Act of 30 June 2005 on Cinematography (as amended by Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act), on-demand audiovisual media service providers must pay the Polish Film Institute 1.5% of their revenue from either access fees or income from commercial communications, whichever is higher. For providers based in other EU Member States, the payment is based on revenue earned in Poland. This obligation excludes micro-entrepreneurs and providers with a user base below 1% of broadband subscribers in the previous year. Digital platform operators are also subject to a 1.5% levy on fees for access to broadcasted or rebroadcasted television channels.
Coverage On-demand audiovisual service

POLAND

Since September 2002

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Open and transparent standard-setting process
Law of September 12, 2002 on Standardisation (Standardisation Act) (Ustawa z dnia 12 września 2002 r. o normalizacji)
According to the Polish Committee for Standardisation (Polski Komitet Normalizacyjny – PKN), to become a member of a Technical Committee (KT), Project Committee (KZ), or Technical Subcommittee (PK), an entity must (i) meet the requirements set forth in Article 23.2 of the Standardisation Act of September 2002; (ii) operate and be registered in the Republic of Poland; and (iii) possess expertise in the thematic scope of the KT, KZ, or PK they wish to join. Membership in these committees is voluntary and free of charge. As specified in Art. 23.2 of the Standardisation Act, a technical committee is composed of specialists appointed by government administration bodies, economic entities, employers' associations, consumer organisations, professional and scientific-technical organisations, higher education institutions, scientific organisations, and PKN employees. The composition must ensure the representativeness of all stakeholders in a given subject, considering the needs of the national economy.
Coverage Horizontal

POLAND

Reported in 2014, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
It is reported that the government fully owns NASK (Naukowa i Akademicka Sieć Komputerowa), a Polish institution dedicated to developing and maintaining the country’s scientific and academic network infrastructure. NASK’s primary role is to provide secure and advanced network services, such as internet connectivity, high-speed networks, and cybersecurity, to research institutions, universities, and other educational organisations. It also manages domain registration and web hosting services, supporting the Polish academic and scientific community's technological needs.
Coverage Telecommunications sector

POLAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Poland does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.
Coverage Telecommunications sector

POLAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Office of Electronic Communications (UKE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

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