Acórdão nº 079467 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1991 (caso NULL)
Data | 31 Janeiro 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR COM - MAR PATENT / REGISTOS. DIR PROC CIV.
Legislação Nacional: CPC67 ART201 ART202 ART407. CPI40 ART74 ART93 N12 ART122 ART212.
Referências Internacionais: CONV DA UNIÃO DE PARIS DE 1883/03/20.
Jurisprudência Nacional: AC STJ DE 1964/10/02 IN BMJ N140 PAG473. AC STJ DE 1969/12/21 IN BMJ N184 PAG310. AC STJ DE 1958/01/07 IN BMJ N73 PAG636.
Sumário : I - A eventual nulidade processual consistente na não redução a escrito dos depoimentos das testemunhas arroladas pela requerente do arresto, que o recorrente diz ter sido cometida na primeira instancia, não podia ser conhecida pela Relação por não ter sido arguida no momento proprio ou em recurso e não ser de conhecimento oficioso (artigos 201 e 202 do Codigo de Processo Civil). II - O Codigo da Propriedade Industrial adoptou o sistema do registo atributivo da propriedade. Enquanto o registo se não mostrar efectuado não tem a embargada o direito de exigir que se proiba a...
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