Acórdão nº 079122 de Supremo Tribunal de Justiça (Portugal), 06 de Dezembro de 1990
Magistrado Responsável | CABRAL DE ANDRADE |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR COM - MAR PATENT.
Legislação Nacional: CPC67 ART279 N1 ART660 N2 ART676 N1 ART721 N2 ART722 N1 ART758. CPI40 ART20 ART204 - 210.
Sumário : I - Muito embora o acordão recorrido tenha conhecido do merito, se nas conclusões do recurso apenas são apontadas como tendo sido violadas normas de direito adjectivo, como são a do artigo 203 do Codigo da Propriedade Industrial e o artigo 279 n. 1 e 663 do Codigo de Processo Civil, o recurso não e de revista mas de agravo com efeito suspensivo (artigo 758 do Codigo de Processo Civil). II - O artigo 203 do Codigo da Propriedade Industrial estabelece que dos despachos que concedem ou recusam as patentes, os depositos e os registos, havera recurso para o tribunal da comarca de Lisboa, regulando-se os termos do recurso nos artigos 204 a 210 do mesmo Codigo. III - Daqui resulta que o legislador não so estabeleceu um regime especial para o recurso, mas tambem limitou a competencia do tribunal da comarca de Lisboa ao conhecimento dos recursos interpostos dos despachos que concedam ou recusem patentes, depositos ou registos, não sendo, portanto, abrangidos no referido artigo 203 os recursos que se interponham de decisões sobre anulação ou caducidade. IV - Não tendo a questão da caducidade de certa marca sido apresentada no processo administrativo do registo de outra marca, não era possivel tomar-se essa questão em conta no despacho que recusou o registo desta ultima marca por...
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