Lisbon Court of Appeal | Mandatory Arbitration | Validity of the Patent in Dispute as Objection | Competence of the Arbitral Tribunal | 02-05-2019 | Case #091

Lisbon Court of Appeal
Date: 02-05-2019
Case Nr. 1956/18.2YRLSB-6
LINK DGSI

Headline:
In a mandatory arbitration initiated according to Law Nr. 62/2011, of 12 December 2011, the defendant is prevented from contest the claim by raising an objection grounded in the invalidity of the patent in dispute.

Summary:

In a mandatory arbitration, the defendant is not admitted to contest the claim by raising an objection grounded in the invalidity of the patent in dispute and is not allowed to raise that issue even if only incidentally, and therefore the arbitral tribunal is in want of competence to decide that objection, which must be brought before the state court for the industrial property.