At PCA, our background of decades of experience in intellectual property means that we are able to support our clients in protecting and capitalising on their IP assets, as well as advising them on the best defence strategies in cases of enforcement of third party rights.
We also combine our legal and technical experience with extensive knowledge of intellectual property law and a pragmatic and efficient approach to the issues and challenges that arise in the course of our practice.
Industrial Property
Industrial Property
This department focuses on judicial and extrajudicial litigation in the field of industrial property, providing expert advice and representation in all matters concerning patents, utility models, designs, trademarks, logos, designations of origin and trade secrets.
The vast legal experience of PCA’s team of lawyers, most of whom are Official IP Agents, together with the broad and in-depth technical knowledge of the consultants who assist us in the fields of engineering, physics, biology, chemistry, pharmacy and computer science, makes the difference between us and other law firms.
PCA also provides specialist support in IP due diligence and delivers strategic advice in this sector of activity, as well as consultancy and drafting services for derivative IP contracts/agreements – licensing, assignments, technology transfer and others.
Copyright and Neighbouring Rights
Copyright and Neighbouring Rights
PCA has vast experience in the field of copyright and neighbouring rights.
We act for some of the major players in the fields of IT, telecommunications and luxury goods, as well as publishers, universities and research institutions, in the protection and defence of “intellectual creations in the literary, scientific and artistic domains, whatever the form of expression”.
Our specialists provide advice and assistance in all copyright and neighbouring rights matters under Portuguese and international legislation, including client representation in issues concerning ownership, actual or imminent infringement and validity, licensing and other agreements and confidential information, as well as infringement litigation in judicial and arbitration proceedings.
Litigation and Alternative Dispute Resolution
Litigation and Alternative Dispute Resolution
PCA has a team of highly experienced litigators who are meticulous and detail orientated in their approach and strategy, in order to obtain strong and long-lasting protection for our clients’ intellectual property rights. With our broad and interdisciplinary perspective, we guarantee our clients the best legal strategy for their needs and interests.
Our litigation and alternative dispute resolution department handles a wide variety of litigation, representing a large number of companies in many diverse sectors, including communications, technology, pharmaceuticals, finance, fashion and the food and beverage industry.
Our litigators have extensive experience of court proceedings at all judicial instances, pursuing cases before the Court of Intellectual Property, High Court, Supreme Court and Constitutional Court. PCA’s lawyers are also qualified to represent our clients in arbitration tribunals, both institutionalised and ad hoc.
The use of innovative alternative dispute resolution methods in the IP field is another area of our practice. Our lawyers work closely with our clients to help them avoid disputes or to resolve them in a proactive and strategic manner, always with the aim of achieving a successfully negotiated settlement.
Life Sciences and Pharmaceutical Law
Life Sciences and Pharmaceutical Law
PCA’s life sciences and pharmaceutical law department is composed of a multidisciplinary team, including experienced litigation lawyers who are also Official IP Agents, assisted by qualified technical consultants with proven skills and experience.
The lawyers and Official IP Agents in this department have in recent years played a key role in proceedings involving critical pharmaceutical patents for blockbuster drugs before the Portuguese judicial courts and arbitration tribunals, shaping case law in the field.
Through their regular presence at the Court of Intellectual Property and with solid experience in collaborating with other leading European law firms in defending the Portuguese arm of pan-European litigation proceedings, PCA’s life sciences and pharmaceutical law team is in a very favourable position to advise and act for both Portuguese and international clients in this area.
Regulatory Affairs
Regulatory Affairs
Following an end-to-end approach, we offer support in the definition of regulatory strategies and key partnerships for our clients, and across all product development stages and activities related to the pharmaceutical sector, human and animal health products, as well as in areas related to health products or consumer goods.
We offer a multidisciplinary and versatile advisory service through a team with consolidated experience in all legal and regulatory aspects in the scope of issues and procedures related to manufacture, supply, commercialisation, marketing and advertising of health products, as well as Marketing Authorisation Holder transfers and variations.
We undertake a continuous monitoring and representation of our clients during manufacturer, supplier and/or retail agent licensing procedures, as well as assisting in regulatory compliance issues in the various market areas of medicines, medical devices, cosmetics, food supplements, biocides, veterinary products and controlled substances, which includes topics related to legal framework, claims, certifications, authorisations, imports, extensions, pharmacovigilance, quality, price and reimbursement applications, translations, among others.
Fashion Law
Fashion Law
With the fast-moving pace of digital and technological development, the fashion industry is experiencing times of transformation and reconfiguration. We are witnessing rapid globalisation and new models of consumerism characterised by immediacy and personalisation, where the traditional economies of scale are starting to undergo reinvention.
The original and creative ideas associated with the fashion industry require special and adequate protection. PCA’s team of lawyers are qualified to provide support in all legal aspects of the fashion business, including design protection, licensing and franchising, offering confidence and empathy at all levels.
Internet And e-Commerce
Internet And e-Commerce
With the evolution of the Internet, it has become necessary to define a legislative framework covering various areas, including intellectual property, privacy and e-commerce, in view of the complex legal problems created by online business.
PCA’s lawyers have the necessary expertise to understand and guide our clients through the legal and regulatory issues which impact on their websites, platforms or applications, including the drafting of terms and conditions, cookie consent, disclaimers and other contracts.
The lawyers in this department also deliver advice to our clients on all the legal aspects of B2B and B2C services, from the registration of domain names, development of websites and privacy and information management to the commercialisation of their IP and the protection of their brands.
Data Protection and Privacy
Data Protection and Privacy
The lawyers in the data protection and privacy department provide advice and assistance to our clients and represent them in complex matters concerning personal and sensitive data, including the use, storage, disclosure, transfer and destruction of data.
We also offer comprehensive legal and strategic advice on compliance with the General Data Protection Regulation (GDPR) with regard to data privacy and security.
Media and Advertising Law
Media and Advertising Law
PCA has lawyers with experience in the analysis and application of the legal rules relating to the media sector, namely in the field of information, audiovisual, multimedia and telecommunications law.
Our lawyers are also well prepared to advise clients on structuring their advertising and promotional endeavours in order to comply with the relevant legislation.
PCA offers a full range of services in this area, including advice on matters such as misleading advertising, packaging and labelling issues and consumer protection legislation.
Intellectual Property Licensing
Intellectual Property Licensing
Our skilled and experienced IP lawyers help our clients to understand and assess the value of their intellectual property assets.
An intellectual property licence makes it possible to transfer IP rights from the proprietor (licensor) to another person or entity (licensee). In exchange, the licensor receives compensation in the form of fees or royalties from the licensee.
The services provided by PCA include developing licensing strategies based on clients’ business goals, drawing up and negotiating licence agreements which clearly define their interests and monitoring all aspects of agreements, such as the payment of royalties, monitoring of licence expiry dates and publication of the IP rights of licensors, among others.
Legal Advice for Startups
Legal Advice for Startups
Our lawyers have considerable experience in advising both established businesses and startups in all matters relating to the protection of intellectual property.
We offer a full range of services in this area, including patentability searches and opinions, research and development agreements, technology transfer, trade secrets, representation in litigation concerning the infringement or validity of IP rights, and due diligence searches and advice.
DAC | Anti-Counterfeiting
DAC | Anti-Counterfeiting
PCA knows that counterfeiting, as an infringement of intellectual property rights, raises specific problems and challenges requiring tailored solutions to face this reality.
As a reflection of our commitment to the fight against counterfeiting and being conscious of the diverse nature of the work involved, PCA recognises the benefits of bringing together in a single entity the resources and professionals necessary to cover all aspects of this activity. We are therefore fully able to handle all paralegal work (investigations, supporting search and seizure actions and performing expert examinations of seized articles) and legal work, including strategy, legal advice and litigation (civil and criminal).
With this aim in mind, we have created a department that is fully qualified and structured to deal with anti-counterfeiting matters, representing our clients before the police authorities, namely the Authority for Food and Economic Safety (ASAE), the Fiscal Action Unit of the National Republican Guard (GNR) and the Public Security Police (PSP), as well as the Portuguese Customs (in proceedings involving customs measures for the protection of intellectual property rights) and the courts.
We have a highly-qualified team, whose experience and know-how enable us to draw up the best solutions to effectively combat counterfeiting activities. We present anti-counterfeiting strategies to our clients or we adapt our work to the strategies that they already have in place.
PCA is assisted by professionals who provide support to our clients in the conducting of expert examinations of goods seized by the authorities (“brand experts”) and we also have a team that specialises in market monitoring, composed of qualified professionals with experience in both in loco and online investigations for identifying IP infringements, which allows us to devise appropriate measures on a case-by-case basis.