|... can be unconstitutional|
The challenge to the law's constitutionality was brought after the country's Intellectual Property Court refused to grand interim injunctive relief in a patent infringement action, saying that the parties had first to go for mandatory arbitration.
Source: email circular from Baptista, Monteverde & Associados, Lisbon, Portugal. Further details of this decision can be found here. For more background, see guest post on PatLit by Pedro Malaquias here.