Portugal

The Portuguese patent market is slanted heavily towards pharmaceuticals. Decree-Law 62/2011 is unique in the European Union by mandating arbitration for clashes between originators and generics, removing such matters from the jurisdiction of the courts. Unsurprisingly, opinions on this treatment are mixed – some commentators have condemned it as a violation of international law – but work certainly remains plentiful for the country’s practitioners.

Firms

1
Garrigues
J Pereira da Cruz SA
VdA
2
AVA – Anselmo Vaz Afra & Associados
Baptista Monteverde & Associados
CMS Rui Pena & Arnaut
Morais Leitão, Galvão Teles, Soares da Silva & Associados
PLMJ – Sociedade de Advogados
AVA – Anselmo Vaz Afra & Associados
Anselmo Vaz Afra & Associados has a team of “excellent professionals who maintain a remarkable workload and perform fantastically in the pharmaceuticals field – especially when it comes to novel applications”. The firm has also established a specialist telecommunications and technologies division, giving it an edge on instructions involving e-commerce and internet patents. Thanks to close cooperation with the internationally renowned Bird & Bird, it has impressive reach across Europe and Asia, making it a fine choice for multinational clients. Founding partner Teresa Anselmo Vaz is treasured for her incisive business nous.
Baptista Monteverde & Associados
Built from the ground up as an IP and technology firm, Baptista Monteverde & Associados has shaken up Portugal’s patent scene since it opened its doors in 2008. “It has very experienced lawyers who have an impressive track record in patent enforcement and, moreover, the drive and determination needed to succeed and establish a strong stake in the market.” The leading light is Paulo Monteverde, a redoubtable litigator and savvy arbitrator. “He’s my favourite patent lawyer,” enthuses one peer. “He is truly remarkable in terms of technical ability, responsiveness and everything – a really brilliant and completely solid practitioner.”
CMS Rui Pena & Arnaut
Plugged into a potent international network comprising 62 offices and more than 3,000 lawyers, CMS Rui Pena & Arnaut is a formidable name in Portuguese intellectual property. Drawing on the full-service firm’s broad knowledge base, the forward-looking patent team furnishes clients with well-rounded, business-focused counsel. Managing partner José Luís Arnaut is the main point of contact for interested parties.
Garrigues
“Garrigues has the resources to effectively help companies register patents the world over; it has invaluable foreign connections and knows how to deal with issues when they arise abroad. The most desired asset among clients is often availability – how fast can a firm solve a problem? Garrigues works with lightning speed.” The IP group is home to over 40 professionals, and the Lisbon-based practitioners work in close collaboration with their counterparts in Spain and China to superb effect. Recent activity has included assisting HydrUStent – the winner of the Novo Banco innovation competition – in formulating a patent landscape report in the area of biodegradable stents and counselling BERD – Projecto, Investigação e Engenharia de Pontes on the prosecution of a complex organic pre-stressing system patent in over 65 countries. Working together on these matters, practice leader João Miranda De Sousa and senior associate Isabel Bairrão make a fantastic pair. “They have been excellent in guiding us through the different procedures we have to follow in order to guarantee that our intellectual property is suitably protected,” reports one client. “They have notable experience before the European Patent Office (EPO), and are both expeditious and communicate very clearly.”
J Pereira da Cruz SA
The “first-tier” J Pereira da Cruz wins effusive plaudits from the market: “I really admire the work they do in terms of quality and responsiveness.” Having practised at the vanguard of IP law for the last 65 years, it has seen and done it all; it is particularly adept at navigating processes at the Portuguese Institute of Intellectual Property and the EPO, and few firms in the country are more trusted for portfolio management. Responsiveness and a laser focus on long-term commercial objectives make Maria Cruz Garcia extremely popular among clients.
Morais Leitão, Galvão Teles, Soares da Silva & Associados
The calibre of Morais Leitão, Galvão Teles, Soares da Silva’s clients – pharmaceutical titans such as Pfizer and Teva among them – bears testament to its sterling reputation. With lawyers specialised in myriad areas of law, plus a group of internationally trained in-house patent specialists, the firm can handle high-rolling projects that are beyond the capabilities of many smaller boutiques. For example, it is especially adept at packaging patent portfolios as collateral to secure loans, and has also helped sovereign states and their agencies to enforce key patent rights. The “extremely knowledgeable Vasco Stilwell d’Andrade is a very business-minded lawyer. His work is always timely and he really understands the commercial drivers behind litigation”. Electro-mechanics and biotech are happy hunting grounds for the talented practitioners at nimble boutique PATENTREE. Founded in 2013, it is a relative newcomer to the scene, but its hard-hitting group of seasoned partners and ambitious associates has already made a splash with its tailored, cost-effective counsel. Anabela Carvalho and Luís Ferreira are non-contentious stars known for their pragmatism; they overcome tricky hurdles before the EPO time and time again.
PLMJ – Sociedade de Advogados
Full-service titan PLMJ is sought out for its precision prosecution, contentious prowess and extensive transactional toolkit. Bolstered by the firm’s resource-rich business law practices, the IP team tackles commercially valuable matters with singular finesse to provide a truly holistic service. At the helm is Manuel Lopes Rocha, a first port of call for many heavyweight companies both national and international.
VdA
VdA performs flawlessly on both sides of the contentious/non-contentious divide; innovative businesses with even the most complex patent instructions are consistently well taken care of here. The worldy-wise Antonio de Magalhães Cardoso is “extremely experienced in pharmaceutical patent litigation” and leads the team from the front; he has a flair for devising novel solutions to clients’ conundrums and is a widely published author on patent matters.

Individuals

Antonio de Magalhães Cardoso - VdA
João Miranda De Sousa - Garrigues
Paulo Monteverde - Baptista Monteverde & Associados
Teresa Anselmo Vaz - AVA – Anselmo Vaz Afra & Associados
Isabel Bairrão - Garrigues
António Corte-Real - Simões, Garcia, Corte-Real & Associados
Rosario Cruz - Furtado
Maria Cruz Garcia - J Pereira da Cruz SA
Raquel Galvão Silva - Linklaters LLP
Pedro Moreira - Raul César Ferreira IP Consulting & Services
Manuel Oehen Mendes - Yolanda Busse Oehen Mendes & Associados
Vasco Stilwell d’Andrade - Morais Leitão, Galvão Teles, Soares da Silva & Associados
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Issue 84