Conflicts between patents and generic medicaments are mandatorily solved by arbitration. Requests of authorization to introduce generic medicaments in the market (AIM) are published by the Portuguese Medicaments Office (INFARMED) and interested parties have a term of 30 days to oppose their industrial property rights. Upon the termination of the term, patents cannot be enforced against the holders of the AIM before arbitration or state courts.
A full summary of this case has been published on Kluwer IP Law.
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