Intellectual Property Working Group - High Council for Foreign Direct Investment

8/14/2019 Intellectual Property Working Group - High Council for Foreign Direct Investment

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Mr. Rui Machete supervised actively the developments of the

Intellectual Property working Group in cooperation with Mr. CostaLima and Mr. Diogo Alarcão from API.



Cronogram of Group’s Activities



Cronogram of Group’s Activities – HC-FDI



Cronogram of Group’s Activities – API’s Board



Cronogram of Group’s Activities – Working Group



Group’s Contributions

» Importance of the development of a culture of innovation [A]

» To foster the creation of technology-based companies

» To identify technology offer in portuguese universities

» To support technology-based companies creation process» IP Rights valuation [B]

» Need to foster the exploitation of IP rights by ensuring a properly evaluation of

the technical and commercial value of those rights.

» Promotion of technological innovation and IPR [C]

» The protection and enforcement of intellectual property rights should contribute tothe promotion of technological innovation and to the transfer and dissemination of

technology, to the mutual advantage of producers and users of technological

knowledge and in a manner conducive to social and economic welfare, and to

balance of rights and obligations

Innovation Promotion

[A] Mr. Rodrigo Costa, Managing Director – Microsoft[B] Mr. Takashima, Senior Vice-President – Mitsubishi Corporation

[C] Mr. Paulo Vieira, Member of the Board - API




The Role of Universities in IP (I)

» Universities [B]

» Strong importance of a system to support the cooperation between companies

and universities: procedures and formalities to manage IP rights and its licensing

» Managing IPR in Universities [D]» To add the reference to the recently published “Irish Code of Practice for

Managing IP from Publicly Funded Research as a good practice to observe in a

country where public funding plays the most important role in financing research

as is the case of Portugal

» Suggestion as a good practice would be to celebrate an agreement with every

student involved in R&D activities within the university, regarding ownership of IP,profit sharing and confidentiality in order to prevent leakage of IP by inappropriate

disclosures ;



» Managing IPR in Universities [D]

» The legal regime applicable to the ownership of an invention patent by an

University Professor under the Statute of University Career, and the regime

applicable to University Investigators should be revised:» To develop a national provisional application that facilitates a quick, cheap

and simple priority patent application;

» To create a “continuation-in-part” system, similar to the one observed in the

United States, that provides the opportunity to include new subject matter to

a previous patent application.

» To define a grace period within the European Patent System less strict, also

similar to the North American model that allows more freedom to academic

publishing without prejudice for the patent application.


The Role of Universities in IP (II)

[B] Mr. Takashima, Senior Vice-President – Mitsubishi Corporation

[D] Prof. Teresa Mendes – Instituto Pedro Nunes




International Cooperation

» Co-operation with Foreign Governmental or International Organizations [B]

» Need of a close cooperation between international agencies to fight against well-

known “routes” of counterfeit products» International Cooperation role [C]

» To promote experiences and information exchange between portuguese

administration and “best practices” at european level;

» Specialization of administration concerning Intellectual Property and

counterfeiting matters.






IPR Protection System

» Effect of counterfeit and weak IP protection Problem [B]

» Effective sanctions against counterfeiting are a guarantee for right holders

» Custom seizure [B]

» The most efficient and effective measures against counterfeit products;

» The need to strengthen custom seizure process by the assignment of customs

officials exclusively responsible for counterfeit problems.

» Reform of Substantive/Procedural Laws [B]

» Amendments of substantive law that facilitate difficulties suffered by right holders in

proving the fact of infringement and the amount of damages

» Establishment of Courts devoted to IP litigations» Possibility for judges to co-work with qualified technical advisors on IP

» Efficient system to protect IPR [C]

» Procedures concerning the enforcement of intellectual property rights shall be fair

and equitable. They shall not be unnecessarily complicated or costly, or entail

unreasonable time-limits or unwarranted delays.





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Intellectual Property Working Group - High Council for Foreign Direct Investment