Intellectual Property and Information Technology

The Intellectual Property and Information Technology practice area deals daily with the new technological revolution, which is gradually transforming the entire economy. New problems require new legal solutions.

Our team works for domestic and foreign clients in sectors of economic importance, such as healthcare, energy, pharmaceuticals and life sciences, automotive, fashion and luxury, agri-food, innovation and technology, and entertainment.

We understand market practices to support the management of complex responsibilities related to technology, regulatory risks and technology procurement. We combine technology, innovation and law to provide our clients with a service focused on their needs, working together with various practice areas and partners.

In this context, we have a team of specialists in technology, intellectual property and regulation in the field of digital law throughout our network to support investments, acquisitions and restructuring involving technology. We therefore provide legal support in the following areas:

Technology contracts;
Commercial contracts (agency, franchising and distribution, etc.);
Assessment of the legal and regulatory framework in the digital field (horizontal and sectoral) and its practical implications for organisations;
Drafting policies, procedures and codes of conduct to ensure compliance with relevant laws, regulations and standards;
Support in creating digital supply chain resilience mechanisms;
Audits;
Privacy and personal data protection;
Consumer protection;
Copyright and related rights;
Advertising and marketing;
Intellectual property protection: trademarks, hardware, software, know-how, databases, patents, models and designs;
Support in acquisitions, financing, joint ventures, collaboration agreements or capital increases involving intellectual property, know-how, data, technology or an innovative business model;
Support in the launch and offering of new products and services;
E-commerce at different levels (B2B, B2C, P2B, C2C);
Technological entrepreneurship (start-ups and scale-ups);
Litigation, including matters related to personal data and consumer protection.

Testimonies

Abreu Advogados assisted Portugal’s largest hotel group in a lawsuit brought by RTL, Europe's largest radio and television company, within the scope of broadcasting rights. This lawsuit was judged by the Portuguese Supreme Court after a referral to the European Court of Justice – both in favour of the hotel group. The legal discussion with RTL had pan European effects on broadcasting rights.

Assisting one of the world's largest pharmaceutical companies in trademark registrations in several jurisdictions – Portuguese speaking countries.

Legal representation of the Client in a preliminary injunction filed by an American biotechnology company due to a patent DNA sequencing technology alleged infringement. The case deals with complex infringement arguments as well as validity regarding novelty, inventiveness, sufficiency and plausibility and for this reason is a full spectrum patent litigation case.

Legal advice and enforcement of biotech and pharmaceutical patent rights.

Assistance concerning the possibility of dynamic content blocking in the Portuguese jurisdiction, because of the illegal diffusion of content protected by copyright and/or neighboring rights. The matter has been extremely important because it supports La Liga’s strategy to fight online content piracy.

Assistance in worldwide trademark registrations notably in connection with toll electronic payments and motorways infrastructures, important for the management of the Client’s trademark portfolio.

Advising on the launch of several Connect Services. The assistance provided by Abreu covered comprehensive telecommunications-regulatory review regarding all different releases and services covered by the brand’s Connect Services, which is engineered as a cutting-edge connectivity and communication system. Abreu has also been advising the client on data protection matters.

Advising on the provision of services in the Portuguese market, namely on telecoms regulatory matters, involving communication with the Portuguese regulator (ANACOM).

Abreu’s assistance comprised the definition of the e-commerce and data privacy legal terms of some of the Online Flagship Stores of a number of brands.

Legal assistance regarding advertising and marketing matters. It is also worth highlight the assistance to the Client on influencer marketing and compliance with guidelines issued by Consumer Protection Authority.

Legal advice related to advertising restrictions and consumer protection issues, namely concerning the possible responsibility of the parent company for the advertisements published on the social media platform. The advice has been important to define the commercial strategy of the company.

In the context of the transposition of the EU's Audiovisual Media Services Directive, several media players became subject to levies and investment obligations in Portugal. Abreu Advogados has advised several streaming platforms and broadcasters on these amendments, comprising all the stages from the assessment of the relevant income, submission of the relevant tax declarations before the regulator and claiming of tax exemptions.

View All

“Abreu Advogados is a notable firm offering full-service support in the IP ambit, including in trade mark, copyright and patent infringement proceedings, as well as supplementary protection certificate issues, cybersquatting, registration and portfolio management matters. It has additional capabilities in dealing with anti-counterfeiting matters. The team is able to act on both domestic and international mandates, representing clients from the pharmaceutical and fashion sectors.”

“With broad capabilities across the full range of IP, Abreu Advogados acts for a high-profile corporate client base, which seeks advice on trade mark and patent prosecution, unfair competition, copyright protection as well as IP licensing matters. Practice head Manuel Durães Rocha has an impressive track record in trade mark protection and arbitration proceedings involving life sciences patents. The arrival of António Andrade further strengthened the department’s IP offering in the pharmaceuticals and healthcare sectors, particularly in the field of enforcement. Technology and advertising matters are key areas of focus for Ricardo Henriques, while César Bessa Monteiro Jr. receives instructions from companies operating in the entertainment, consumer goods, e-commerce and pharmaceutical industries on the entire range of IP mandates.”