A new Industrial Property Code entered into effect in Portugal, as reported in our April 1995 Newsletter, and in Macao, on June 1, 1995. In addition to the principal provisions summarized in our previous Information Letter, it should be noted that the new Code provides for the registration of collective marks which are to be understood as association marks or certification marks. Collective marks are defined as signs or indications used commercially to designate the geographical origin of products or services, as well as association marks, which belong to an association of persons whose members use or intend to use the mark for products or services, and certification marks, which belong to a corporate body that controls products or establishes the regulations with which the products must comply.

Applications to register marks in Macao may be filed in either Portugal or Macao, but will be processed in Portugal. If a prior application or registration for a confusingly similar mark exists only in Portugal, the owner of the prior mark will be notified of the conflicting Macao application and will be given a period of 90 days from notification to extend the Portuguese right to Macao and oppose the conflicting Macao application.