On October 22^nd 2008 Arbitrare, a center of arbitration with competence to solve industrial property conflicts, disputes between company names and on domain names under .pt began its activity.

With the creation of this arbitration center one of the targets of the 2003 Industrial Property Code is accomplished once it was established, for the first time, the possibility of creating an arbitral court for the ruling “of all the questions susceptible of judicial appeal”.

This arbitration center has now a broader scope, since it extends its competence out to the company names field, still including the issues related with domain names .pt.

The creation of this center is moreover of fundamental importance so the projected liberalization of the domain names can become real. Presently only who demonstrates to be holder of a trademark or of other previously constituted rights, as for example company names, copyrights or professional names, can register.pt domain names.

It is intended that the access to .pt domain names be completely free, without the need for the applicant to make proof of any previous rights. Nevertheless, for the resolution of eventual conflicts concerning third parties rights, it will be necessary that interested parties or applicants submit to arbitration whenever registering domain names .pt, reason why the existence of this center becomes essential.

The center arbitrators are considered specialists in the matters in question, reason why faster and efficient rulings, to these complex matters, are expected, including, naturally, the lawsuits on patents that are almost made eternal in the Lisbon Court of Commerce.

For any further information do not hesitate to contact us.