Legislative Framework and Jurisdictional Scope
- Exclusive Jurisdiction: Article 11 grants exclusive jurisdiction to new economic circuits over 17 categories of commercial and financial disputes, directing patent, industrial design, and trademark matters to specialized judges.
- Judicial Structure: The framework creates specialized circuits across the Court of First Instance, the Court of Appeal, and an Economic Division at the Court of Cassation.
- Expert Timelines: Court-appointed expert reports from the General Department of Experts are subject to a strict 60-day turnaround window.
Procedural Impacts on Trademark and Patent Holders
- Mandatory Mediation: Substantive claims must pass through a confidential 15-day pre-litigation conciliation office, which tolls statutory limitation periods and extends up to three months by mutual agreement, before reaching court.
- Evidentiary Preparation: Defendants must file defences within strict statutory deadlines, requiring brand owners to compile technical documentation and infringement proof before filing claims.
- Asset Enforcement: The courts feature direct electronic asset-linking with banks, investment companies, and real estate authorities to enforce judgments and interim protective measures.
Expert Analysis and Strategic Recommendations
- Consistency in Rulings: Moving intellectual property disputes into dedicated circuits reduces inconsistent rulings, rewarding brand owners who maintain robust registrations.
- Operational Readiness: Legal departments must review internal enforcement playbooks to factor in mandatory conciliation, the 60-day expert report limit, and the October 1, 2027 transition timeline.
Conclusion
Decree-Law No. 88 of 2026 improves predictability and procedural efficiency for commercial and intellectual property enforcement. Brand owners and patent holders should audit portfolios, adjust workflows for mandatory pre-litigation mediation, and prepare evidentiary documents ahead of the operational launch.