(a) Injunctions
A. General rules
Anyone who perpetrates a deed or action contrary to honest commercial or industrial practices shall be enjoined, by the court, to desist or refrain from the action in question. (Law No. 11/191 on the Repression of Unfair Competition, Articles 2 and 6.)
B. Special rules
(i)Copyright and related rights
Under Article 139, paragraph 2, of Law No. 8/1996, "the owners of the violated rights may request the courts or other competent organizations, as the case may be, to recognize their rights and establish that they have been violated, and may require that the injury be remedied".
The court may decide, for instance, that a party has no right to introduce into the channels of commerce imported goods which imply a violation of copyright or related rights.
(ii) Patents
Under Article 34 of Law No. 64/1991, the owner of the patent has the right to request the court to prohibit any third party from performing, without his authorization, actions which, according to the law, are regarded as constituting an infringement of the patent.
(iii)Industrial designs
Under Article 29 of Law No. 129/1992, the owner of the registration of an industrial design is entitled to request the court to prohibit third parties from performing, without his authorization, actions which, according to the law, are regarded as constituting an infringement.
(iv)Topographies of integrated circuits
According to Article 20 of Law No. 16/1995, the owner of a registered topography has the right to forbid other persons to exploit the topography and, consequently, the court may rule that such exploitation is prohibited.
(b) Damages, including recovery of profits, and expenses, including attorney's fees
A. General rules
Article 998 of the Civil Code provides that any human action that causes injury to others obliges the person responsible to remedy the injury.
A person is responsible not only for injury caused by his action but also for injury caused by his negligence or imprudence (Civil Code, Article 998).
Under Article 6 of Law No. 11/1991, a person in trade who has committed an act of unfair competition shall be obliged by the court to pay damages for the injury caused.
Procedural expenses (stamp duty, procedural tax, attorney's fees, etc.) are payable by the offender, at the request of the party which has won the case (Code of Civil Procedure, Article 274, first paragraph).
When the claims of each party have been approved in part only, the court shall assess to what extent each of them may be obliged to pay the cost of the proceedings, and may stipulate their compensation. (Code of Civil Procedure, Article 276.)
B. Special rules
(i)Copyright and related rights
Damages can be awarded for a violation of copyright or related rights in accordance with Law No. 8/1996, Article 139, fourth paragraph, subparagraph (a).
Under Article 139, third paragraph and fourth paragraph, subparagraph (a), of Law No. 8/1996, "in the case of violation of certain rights recognized and protected by the present law, their owners may request the court ... to order immediately measures to prevent imminent injury or to remedy such injury, as the case may be".
The owners of the violated rights may also request the court to order the application of the following measures, in accordance with the provisions of Article 139, fourth paragraph, subparagraph (a), of Law No. 8/1996: "to seize, with a view to remedying the injury suffered, the sums gained by the unlawful action or, if the injury cannot be remedied in this way, to seize the goods that have resulted from the unlawful action, with a view to their sale, to the extent of integral remedy for the injury caused".
(ii)Patents
In cases of infringement, the owner is entitled to damages for the injury he has suffered (Law No. 64/1991, Article 59).
(iii)Industrial designs
In case of an infringement, the registered owner of an industrial design is entitled to damages for the injury he has suffered (Law No. 129/1992, Article 42).
(iv)Topographies of integrated circuits
In case of a violation of the owner's rights by the exploitation, without his authorization, of a registered topography, he is entitled to damages for the injury he has suffered. (Law No. 16/1995, Article 40.)
(c)Destruction or other disposal of infringing goods and materials/implements for their production
A.General rules
Under Article 10 of Law 11/1991, the court may provide, in the case of an act of unfair competition, by the substantive order, that the goods seized shall be sold after removal of the false markings.
The Code of Penal Law provides, among the provisional measure that the court can adopt, for "special confiscation" mentioning, in its Article 118, paragraph (b), that goods which have served or had been intended to serve for the commission of an offence, if they belong to the offender, are subject to special confiscation.
B.Special rules
(i)Copyright and related rights
Provisions concerning the destruction or other disposal of goods infringing copyright or related rights are contained in Law No. 8/1996, Article 139, fourth paragraph, subparagraphs (b) and (c), according to which the court can order "the destruction of the equipment and media belonging to the defendants, whose sole or main purpose has been to produce the unlawful action", or to "withdraw, by confiscation and destruction, unlawful copies from the channels of commerce".
(ii)Patents
Law No. 64/1991, Article 59, third paragraph, provides that, in case of an infringement, the infringing products may be confiscated in accordance with the criminal law.
(iii)Topographies of integrated circuits
Law No. 16/1995, Article 40, second paragraph, provides that, in case of an infringement, the counterfeit products may be confiscated in accordance with the criminal law.
(d)Any other remedies
Publication
-Under Article 11 of Law No. 11/1991, in case of an act of unfair competition, the court may order that the judgement be published in the press at the offender's expense.
-Under Article 139, paragraph (d), of Law No. 8/1996, the court may also order that "the court's decision shall appear in the press, at the expense of the defendant".