The Law's measure is regularity, not frequency. Art. 2(c) of Law No. 5187 defines a periodical as printed works "published at particular intervals"; it sets no lower limit on how long the interval may be.
Where Is the Distinction?
| Subpara. | Concept | Definition |
|---|---|---|
| c | Periodical | Printed works such as newspapers and magazines published at particular intervals, together with the publications of news agencies and internet news sites |
| h | Non-periodical | Printed works such as books and gift volumes not published at particular intervals |
The Interval Is Declared
Art. 7 requires the information "the intervals of publication" to be shown on the declaration. For an annual publication that information is declared as "once a year".
The Real Risk: The One-Year Period in Art. 9
For a publication appearing once a year the distance between the declaration and the first issue is naturally long. If the declaration is filed early and the first issue exceeds one year, the declaration lapses.
| Period | Consequence | Article |
|---|---|---|
| No publication for one year after the declaration | The declaration is void and the right lapses | Art. 9 |
| Publication interrupted for three years after it began | The declaration is void and the right lapses | Art. 9 |
| Trade mark rights | The provisions of Decree-Law No. 556 are reserved | Art. 9 |
The Three-Year Interruption Period
The second period is easier for annual publications: the declaration lapses if publication is interrupted for three years after it has begun. For a publication appearing once a year that means not appearing for three years in a row.
The Position on the Press Card Side
The Obligations Are the Same
To the extent it counts as a periodical, all the obligations apply:
- Declaration - to the public prosecutor's office for the place of management (Art. 7)
- Responsible editor - every periodical has one (Art. 5)
- Imprint - the place of management, owner, representative, responsible editor and publication type (Art. 4)
- Delivery - the printer delivers two signed copies to the prosecutor's office on the day of distribution (Art. 10)
- Reply and correction - in non-daily periodicals, in the first issue after three days from the date the text was received (Art. 14)
Summary
- A publication appearing once a year is a periodical so long as its interval is particular, and is subject to the periodical obligations.
- The real risk is the one-year period in Art. 9: if the first issue does not appear within a year of the declaration, the declaration becomes void.
- Confirm its position in the press card regime separately.