Portugal's courts have shifted their approach to intellectual property enforcement in ways that directly affect international businesses operating in the country. For years, rights holders faced procedural delays and inconsistent outcomes when pursuing infringement claims before Portuguese tribunals. That environment is changing.
Recent developments in Portuguese IP enforcement reflect a tightening of judicial standards for trademark application challenges, infringement claims, and border measures. The Tribunal da Relação (Court of Appeal of Portugal) and the Supremo Tribunal de Justiça (Supreme Court of Portugal) have each issued positions that clarify evidentiary thresholds and expand the remedial tools available to rights holders. International businesses with registered or pending IP rights in Portugal should review their enforcement posture before the end of the first quarter of 2026.
This alert covers what has changed, which businesses are affected, and the immediate actions international companies should take to protect their position under Portugal's evolving IP enforcement system.
What has changed in Portuguese IP enforcement
Portuguese intellectual property legislation has long provided rights holders with injunctive relief, seizure orders, and damages claims. In practice, however, courts applied these tools inconsistently. The recent shift involves three distinct areas.
Evidentiary standards for infringement claims. Courts in Portugal now apply a more structured analysis when assessing whether an infringement claim meets the threshold for interim relief. Rights holders must present clearer evidence of fumus boni iuris (prima facie right) and periculum in mora (risk of delay) than was previously required. A bare trademark registration certificate is no longer sufficient on its own to obtain a preservation or seizure order.
Nice classification and scope of protection. The Nice classification system. which governs the categorisation of goods and services in trademark application filings. is now applied more strictly when courts assess the scope of a registered mark. Rights holders whose registrations were made under broad or imprecisely worded class descriptions face a heightened risk that courts will narrow the scope of protection at the infringement stage. Businesses that relied on wide class descriptions to capture adjacent product lines should audit their registration portfolios.
Opposition proceedings and co-existence disputes. The Tribunal da Relação has confirmed that outcomes in opposition proceedings before the Portuguese IP Office carry significant weight in subsequent civil infringement actions. A failed opposition – whether on relative or absolute grounds – can be used by a defendant to argue that the plaintiff's mark lacks the distinctiveness or scope required to support an infringement claim. This creates a material link between administrative IP registration decisions and civil litigation outcomes that did not previously operate with such directness.
Border and customs enforcement. Portuguese customs authorities have updated their cooperation procedures with rights holders following alignment with EU enforcement legislation. Rights holders who have not filed a valid application for action with Portuguese customs will find that border seizure of infringing goods is effectively unavailable to them. Regardless of the strength of their underlying IP rights.
For a broader view of how these enforcement tools interact with your IP strategy in Portugal, see our practice area page on intellectual property law in Portugal.
To discuss how these enforcement developments apply to your IP portfolio in Portugal, contact us at info@ferrazwhitmore.com.
Who is affected and when action is required
These developments affect a wide range of business categories. The threshold criteria for material exposure are as follows.
International brands with Portuguese or EU-wide registrations. Any business that holds a Portuguese national trademark registration or an EU trademark with territorial effect in Portugal is directly affected. This includes businesses that have not yet faced an infringement situation but whose registrations were drafted under broad class descriptions.
Technology and software companies. Businesses operating in the digital sector face a specific risk at the intersection of IP enforcement and AI-related developments in Portugal. Copyright and software protection claims increasingly arise in contexts where the underlying technology involves automated generation or processing. Companies in this category should review both their IP registration strategy and their technology agreements. Our alert on AI law developments in Portugal addresses the related regulatory environment.
E-commerce and cross-border traders. Businesses selling into Portugal through online channels are subject to the updated customs enforcement procedures. The absence of a customs application for action leaves their goods exposed to counterfeit competition without a direct enforcement remedy at the border.
Licensors and franchise operators. Where IP rights are licensed to Portuguese entities. The licensor's ability to bring an infringement claim independently may depend on the precise terms of the licence agreement and Portuguese corporate legislation (CSC – Código das Sociedades Comerciais). Licence agreements that do not expressly address enforcement standing should be reviewed.
Businesses with pending or recently registered marks. Companies that completed an IP registration or filed a trademark application in Portugal within the past 18 months should verify that their registration documentation. including any escritura pública (notarised public deed in Portuguese law) requirements for assignment or recording – is in order. Procedural defects at the registration stage can undermine enforcement actions later.
The compliance window is immediate. Rights holders who have not audited their Portuguese IP portfolio in light of these developments risk losing interim relief availability in any infringement proceeding commenced after the current court term. The Supremo Tribunal de Justiça positions on evidentiary thresholds are now well established. Waiting to act materially reduces the options available.
Tax-related enforcement costs and damages recoveries may also have implications worth reviewing with your advisers. Businesses involved in cross-border IP licensing disputes should also be aware of the CAAD – Centro de Arbitragem Administrativa (Administrative Arbitration Centre) – which handles certain tax aspects of IP royalty arrangements in Portugal.
Engaging a lawyer in Portugal with dedicated IP enforcement experience is particularly important given the procedural link now established between administrative opposition proceedings and civil litigation outcomes. The window between a failed opposition and the commencement of civil proceedings is often the most critical planning period. For a parallel view of how IP enforcement is developing in a neighbouring jurisdiction, see our alert on IP enforcement developments in Spain.
Immediate actions for international companies
International businesses should treat the following steps as a priority review before the end of the first quarter of 2026.
- Audit existing Portuguese and EU trademark registrations for class description precision – identify marks where broad Nice classification language may narrow the court-recognised scope of protection.
- Verify that customs applications for action are filed and current with Portuguese authorities – without this, border enforcement is unavailable regardless of registration status.
- Review licence agreements and franchise arrangements to confirm that the licensor's enforcement standing is expressly addressed under Portuguese law.
- Assess whether any pending or recently completed opposition proceedings have created a documentary record that a potential infringer could deploy in civil litigation.
- Update the evidentiary file for any active or anticipated infringement claims to meet the current threshold requirements for interim relief – a registration certificate alone will not suffice.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising clients across 46 jurisdictions on intellectual property protection, enforcement strategy, and related commercial matters. As a law firm in Portugal combining Portuguese civil law expertise with English common law tradition, we support international businesses in managing trademark application portfolios. Infringement claims. Additionally, cross-border IP enforcement before Portuguese courts and administrative bodies. Our IP practice includes experience before the Tribunal da Relação and engagement with Portuguese customs enforcement procedures on behalf of rights holders across Europe, the Americas, and Asia-Pacific. To discuss how these enforcement developments affect your IP position in Portugal, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.