PORTUGAL
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Portugal has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
PORTUGAL
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright
Despite having a structured enforcement framework, several stakeholders reported that piracy continues to be high. It is reported that the rate of unlicensed software installation in the country was 38% in 2017 (above the 26% rate of the West European countries), for an estimated commercial value of USD 137 million.
Coverage Horizontal
PORTUGAL
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Portugal has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PORTUGAL
Since November 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
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
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 September 1 Regulates the provisions of Article 82 of the Code of Copyright and Related Rights
Law No. 62/98, of September 1 Regulates the provisions of Article 82 of the Code of Copyright and Related Rights
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. The Directive has been transposed by Member States with significant freedom.
The amendment of Law No 62/98 (Decree-Law 63/1986) applies 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 center or a scientific institution or educational institution under conditions listed in the law;
- Reproduction, distribution and public availability for teaching and education purposes;
- Quotation.
The amendment of Law No 62/98 (Decree-Law 63/1986) applies 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 center 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
Sources
- https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://dre.pt/dre/legislacao-consolidada/decreto-lei/1985-34475475
- https://www.uaipit.com/uploads/legislacion/files/0000005596_lei_copia_privada_2004.pdf
- https://copyrightexceptions.eu/
- https://qdd.oecd.org/Home/ApplyFilter
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PORTUGAL
Since July 2019
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
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 there are different activities within the application procedure that have to be assisted by an intellectual property agent, such as the submission of certain translations (see Art. 83 Decree-Law No. 110/2018).
Coverage Horizontal
PORTUGAL
Since March 2004, last amended in February 2014
Since 2017, last amended 2022
Since 2017, last amended 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Decree-Law No 111-B/2017 (Decreto-Lei No. 111-B/2017)
Decree-Law No 111-B/2017 (Decreto-Lei No. 111-B/2017)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Portugal, the Directive has been transposed with the Decree-Law No. 111-B/2017 amending the Public Procurement Code for the ninth time, approved by Decree-Law No. 18/2008 of 29 January, transposing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council of 26 February 2014 and Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014.
In Portugal, the Directive has been transposed with the Decree-Law No. 111-B/2017 amending the Public Procurement Code for the ninth time, approved by Decree-Law No. 18/2008 of 29 January, transposing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council of 26 February 2014 and Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
PORTUGAL
Since 2008, last amended in 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree Law 18/2008 establishing the Code of Public Contracts
Foreign companies are not required to set up branches or subsidiaries or otherwise enter into any commercial agreements with local partners in order to participate in public procurement processes. However, Art. 106 of Decree Law 18/2008 stipulates that, after the awarding takes place, the execution of certain contracts requires that the contractor establishes some type of representation in Portugal.
Coverage Horizontal
POLAND
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 UNCITRAL Model Law on Electronic Signature
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 June 2014
Since May 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
Act of 30th May 2014 on Consumer' Rights
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 UN Convention of Electronic Communications
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
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2007
Since 2007
Pillar Quantitative trade restrictions for ICT goods, products 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
Broadcasting Act
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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, Art. 13 has been implemented via two obligations: Video-on-demand (VOD) providers have to reserve a share of European works in their catalogue and VOD providers have to use promotion tools which give prominence to European works such as indicating the country of origin in the catalogue, providing possibilities for searching for European programs or placing information and materials promoting European programs.
In addition, under Art. 15 of the Broadcasting Act, television and radio broadcasters have to reserve at least 33% of their quarterly transmission time for programmes originally produced in Polish and 50% of transmission time in television has to be reserved for European programmes (10% percent for European works by independent producers).
In Poland, Art. 13 has been implemented via two obligations: Video-on-demand (VOD) providers have to reserve a share of European works in their catalogue and VOD providers have to use promotion tools which give prominence to European works such as indicating the country of origin in the catalogue, providing possibilities for searching for European programs or placing information and materials promoting European programs.
In addition, under Art. 15 of the Broadcasting Act, television and radio broadcasters have to reserve at least 33% of their quarterly transmission time for programmes originally produced in Polish and 50% of transmission time in television has to be reserved for European programmes (10% percent for European works by independent producers).
Coverage On-demand audiovisual service
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://www.itu.int/ITU-D/tech/OLD_TND_WEBSITE/digital-broadcasting_OLD/Bulgaria_Assistance_Transition/Poland/Broadcasting%20Act%206400000578.pdf
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
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POLAND
Reported in 2022
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Open and transparent standard-setting process
Law on Standardisation
Businesses may only participate in standard-setting committees and in the Polish Committee for Standardisation if they are registered and operate in Poland.
Coverage Horizontal
POLAND
Pillar Intermediary liability |
Sub-pillar User identity requirement
Identity requirement SIM card registration
It is reported that Poland imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Horizontal