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FACTSHEET

1. THE FACTS: in Macao for EU • Size of Market • Key INDUSTRY SECTORS

2. IPR in Macao for SMEs: BACKGROUND • Intellectual Rights for SMEs: Why is this RELEVANT to ? • How does Macao’s IP legal framework compare to INTERNATIONAL STANDARDS?

3. IP Rights in Macao: THE BASICS A. Copyright B. Patents C. Marks D. Designs . Trade Secrets

4. Using CUSTOMS to block counterfeits

5. Enforcing your IP • Civil Litigation • Criminal Prosecution

6. RELATED LINKS and Additional Information

IP Factsheet: Macao

For free, confidential, business-focused IP An initiative advice within three working days E-: of the [email protected] 2 IP Factsheet: Macao

THE FACTS: Business in Macao for EU Companies 1. (Source: Office to and Macao)

963 111 852

SIZE of Market : EU exports to Macao: EUR 852 million EU imports from Macao: EUR 111 million Total trade in goods: EUR 963 billion

• Macao is the EU’s 130th largest goods trading partner. • The EU is Macao’s 4th largest trading partner, after Hong Kong, China and the . • The business opportunities in the gambling and industry are central to trade relations between EU and Macao. • Macao is a growing market for European luxury goods. • Procurement in the transportation, energy and sectors can potentially offer business opportunities to EU SMEs, since Macao is engaged in an increasing of projects.

Key INDUSTRY SECTORS: • EU exports to Macao are dominated by high-end leather goods, , watches and , and beverages, and automobiles. • Macao’s key export items to the EU include clothing and , toys, footwear electronics, machinery and components. 3

IP TIPS and WATCH-OUTS in Macao 2. IPR in Macao for SMEs: BACKGROUND ● Macao is a Special Administrative Intellectual Property Rights for SMEs: Why is this RELEVANT to you? Region of the People’s of China. It enjoys a high degree Intellectual Property (IP), as intangible assets, are a key factor in the of autonomy, including its own competitiveness of your business in the global economy. IP is a primary method Court of Final Appeal, and it has a for securing a return on investment in and is particularly relevant separate IP system. to Small and Medium-sized Enterprises (SMEs), as they internationalise their business to areas such as Macao. Although SMEs often have limited time and ● Registering your patents or trade resources, it is important to be aware of how IP can be valuable to your business. marks in China doesn’t give you Not only a way to help you protect your from competitors, IP assets protection in Macao, and vice-versa. can also be an important source of -flow for SMEs through licensing deals or sale of IP rights, as well as a significant pull-factor when attracting investors. ● It is not possible to apply for the registration of a patent or a Intellectual Property Rights (IPR) infringement is one of the most common trade mark in Macao through the concerns for when dealing with across , and its impact existing channels for international on your could be substantial. It can lead to loss of business, revenue, registration – you must file your reputation and competitive advantage, which affects SMEs both abroad and in application locally. their core domestic markets, and the inadequate protection of inventions and creations can jeopardise prospects for maintaining a competitive advantage. ● Nationals of countries that are members to the WTO, to the How does Macao’s IP legal framework compare to INTERNATIONAL Berne Convention or to the STANDARDS? Convention are accorded the same protection as Macao residents. Macao protects the various forms of Intellectual Property and complies with the standards set in the main international conventions. Macao was a ● The appointment of a local founding member of the Trade Organisation (WTO) and, besides the attorney is mandatory for Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement, registration applicants that are abides by the following treaties: Berne Convention for Protection of Literary and not based in Macao. Artistic Works, Paris Convention for the Protection of Industrial Property, World Intellectual Property Organisation (WIPO) Copyright Treaty, WIPO Performances ● More information on Intellectual and Phonograms Treaty, Universal Copyright Convention and Nice Agreement Property in Macao, as well on the International Classification of Products and Services. as downloadable forms, are available in English, Portuguese As a Special Administrative Region of the People’s Republic of China, and at the Intellectual Macao has a high degree of autonomy and will retain its own legal Property Department of Macao system until 2047. Economic Bureau website: https:// www.economia.gov.mo/en_US/ web/public/pg_ip?_refresh=true SMEs are businesses which have fewer than 250 employees and turnover of less than EUR 50 million or balance sheet total of less than EUR 43 million. SMEs represent 99% of all enterprises in the EU, and account for about 70% of jobs. Their flexibility and growth potential is seen as a major motor of future innovation and job creation, which is pivotal for the prosperity and economic competitiveness of as a whole. 4 IP Factsheet: Macao

3. IP Rights in MACAO: THE BASICS A. Copyrights How does legal protection in last? WHAT are Copyrights? As a general rule, copyrights last the lifetime of the creator plus Copyrights are rights that guarantee the owner exclusive uses 50 years. A few main exceptions should be taken into account of literary and artistic works, sound and video recordings, however: and TV broadcasts, artistic performances and public spectacles. Nature of work Duration of Copyright Audio-visual works (for example, Literary and artistic works are understood very broadly and movies) as well as copyrights 50 years after publication of potentially include any creative texts (including computer acquired by legal persons on the work software), images (photos, , drawings, etc.), shapes literary or artistic works (for example, ), sounds (especially musical works) and Applied arts works 25 years after the making of compilations (for example, databases). (for example, designs) the work 50 years after the first Collective works disclosure or publication Use of a literary or artistic work is also a very broad legal concept Artistic performances 25 years after the performance that includes not only copying but also any form of public (for example, a piano recital) is recorded in audio or video exploitation of the work (translating, broadcasting, leasing to 50 years after the publication of the public, exhibiting, etc.). Industrial designs and designer works Sound and video recordings the recording or, in case there can also be protected by copyright. is no publication, 50 years after the recording is made Radio and TV broadcasts 20 years after the broadcast Copyrights in Macao: What you need to know All the above expiry terms are calculated from the 1st of January Copyrights in Macao are granted automatically by law to the of the year that follows the relevant event. creators of literary and artistic works, performers, broadcasters, producers of sound or video recordings and producers of HOW do I register? spectacles, irrespective of any formality. There is no registration. Literary and artistic works are In case original work is created under an employment contract or in automatically protected by law once they are created and the of fulfilling the official duties, the ownership of economic expressed in any form (for example, publication of a text, rights must be decided according to the agreement in advance. exhibition of an image, broadcast of a movie, live performance In principle, fixation of the literary or artistic work in a material of a song, etc). Radio and TV broadcasts are protected once form (, canvas, stone, film, etc.) is not required, however, they start. Sound and video recordings are protected once the for copyright to subsist and be protected by the relevant , recording is made. Artistic performances are protected once the the original work shall be reduced into a material and tangible performance happens or is recorded. form of expression. 5

Copyrights TIPS and B. Patents WATCH-OUTS in Macao WHAT are Patents? Macao follows the continental European legal tradition of Droit d’Auteur (author’s Patents are an exclusive right granted by a government to an inventor right), which stresses the protection of to manufacture, use, or sell an invention for a certain number of years, intellectual creators. therefore patents are temporary monopolies granted to inventors for the economic exploitation (producing, selling, importing, etc.) of technological The holders of copyrights on literary innovations. Macao grants two different categories of patents: inventions and artistic works are, in principle, the and utility models. respective authors (for example, the intellectual creators). However legal Patents in Macao: What you need to know persons (for example, companies) are deemed to be the authors of the a) Invention Patents works created under their direction and An invention is a technical solution to a problem. As a general principle an made public under their name.It is not invention patent can be granted in Macao for a product or for a process of possible to apply for the registration doing things in any field of technology (chemistry, electronics, mechanics, of a patent or a trade mark in Macao etc.). Exceptionally, the law excludes some technological innovations from through the existing channels for patentability: for example, scientific theories, mathematical formulas, rules international registration – you must of games, surgical and therapeutic methods, human cloning processes, file your application locally. plant varieties and animal breeds cannot be patented. A computer programme cannot itself be patented, though this does not exclude the Literary and artistic works made patentability of other inventions that make use of the software. by employees and belong to them unless otherwise For a patent to be granted the innovation at stake must meet three stipulated by contract. Employers requirements: are advised to take this into account when drafting labour contracts. 1. It must be inventive, for example not a solution easily devisable by an average expert in that technological field; Besides copyrights intellectual creators also enjoy the so called moral rights, 2. It must be new, for example not something that has already been namely the right to be acknowledged as made public; author (authorship right) and the right to oppose distortions to the work (integrity 3. It must have some industrial applicability, for example the solution right). Moral rights do not expire – they would be deemed to be useful by others. are continuous. b) Utility Patents Utility patents (or utility models) are granted for innovations that are useful but may not meet the higher inventiveness standard required for invention patents (for example, the improved shape of a shaving razor, or other 3-dimensional objects).

Creators of layout designs for semiconductor materials (integrated circuits) can apply for a specific IP right. The registration lasts a maximum of 10 years, starting either from the application date or from the first exploitation of the layout, whichever happens first. 6 IP Factsheet: Macao

How LONG does legal protection last? preparation of the examination report.

Invention patents last a maximum of 20 years from the If you are already obtaining a patent in , you date the application is filed. However, the protection of are able to extend patent protection to , due to the pharmaceutical inventions may be extended by up to 27 years Cooperation Agreement between the Macao IPD and the to compensate the patent holder for the time he may have CNIPA. When your patent is granted in China, you can submit to wait for marketing approval for his product. Utility patents an extension application with the supporting documents last a maximum of 10 years. In either case, protection will including the Copy of Extracts from the Patent Register and only continue if the annual fees are paid. Patent Specifications issued by the CNIPA to the Macao IPD, within 3 months of the date of publication of the granting decision in China. Though seldom used, it is also possible to Patents are an exclusive right granted by a extend European patents granted by the EPO to Macao, using government to an inventor to manufacture, use, or a similar procedure as extending Chinese patents. You should sell an invention for a certain number of years. provide to the Macau IPD, within 3 months from the grant of a European patent, a Chinese or Portuguese of the or short title briefly describing the subject matter HOW do I register? of the invention, the description of the subject matter of the invention and the claims. Firstly, an application must be filed in the Intellectual Property Department of the Macao Economic Bureau (IPD), detailing Chinese and European patents extended to Macao will have the invention fully (the application form can be downloaded the same legal effects as a patent granted in Macao, however, from the IPD website). if the Chinese or European patent is declared invalid, the extended patent in Macao will similarly be invalid. If you have previously filed for a patent in another member of the WTO or signatory to the Paris Convention you WHO can register? will be given priority in Macao over other applicants, for 12 months, for the registration of the same patent. Following Macao follows the first to file rule, meaning that a patent is the application, the IPD will publish a notice in the local granted to the first applicant to file for it even if they were Official Gazette so that third parties have the chance to raise not the original inventor. oppositions (for example, on the grounds that it conflicts with a patent they hold). Finally, after receiving substantive In general, employers are entitled to the inventions made by examination request from the applicant, the application will their employees. be sent to the designated entity (such as China National Intellectual Property Administration (CNIPA) or European Which LANGUAGES can I use? Patent Office (EPO)), where it will be examined by technical experts in order to assess if the patentability requirements You may use either Chinese or Portuguese. Documents are met. Since the Macao IPD has limited staff due to the submitted should be written or translated in Chinese if the small size of the autonomous region, applications rely on CNIPA is designated to write the examination report. designated entities’ technical examiners.

The and contact details of the IPD are: IPD 8th floor of the Luso-International Building, 1 - 3 Pedro José Lobo St. Macao Tel.: +853 2871 0287 / 8597 2266 / 8597 2220 Fax: +853 2871 5291 E-mail: [email protected] Website: www.economia.gov.mo

Although there are no official statistics, according to the IPD, registration of Invention Patents takes approximately two years, but it may also take as long as eight years, depending on the time that the designated entity requires for the 7

Patent WATCH-OUTS in Macao You can file for an invention patent and for a utility patent simultaneously, namely when you are not sure whether your technical innovation meets the inventiveness standard. If the former is granted, the latter will expire by default. Instead of applying for a patent directly in Macao, you may simply apply for the extension to Macao of a patent already granted in China or Europe. You may also apply for the extension of an application previously filed in China or Europe. You must file the extension application within 3 months of the grant of patent by CNIPA or EPO, as this time limit cannot be extended. Macao is not a party to the Patent Cooperation Treaty (PCT), thus you cannot use PCT filing route to apply for a patent in Macao, instead you would need to apply directly in Macao or extend your CNIPA or EPO granted patent in Macao. If you prefer to keep your invention (for example, a new method) secret don’t apply for a patent, as patents are only granted after the invention is fully and clearly described, and this description will be published in the Official Gazette. Whenever the invention belongs to the employer, the inventor-employee may claim compensation in harmony with the importance of the invention whenever his inventive work was not adequately remunerated.

Instead of applying for a patent directly in Macao, you may simply apply for the extension to Macao of a patent already granted in China or in Europe. You may also apply for the extension of an application previously filed in China or in Europe.

How much does it COST? Annuity Fees Invention Patent Utility Patent The initial filing fee for invention patent registration in Macao is 800 MOP (around 92 EUR) and 400 MOP (around 46 EUR) for 4th to 5th year – 500 MOP a utility patent. There are other fees applicable for subsequent per year 3rd to 10th year – 200 MOP steps in the invention patent application process, namely a 2 6th to 20th year – 800 MOP per year per year 500 MOP (around 288 EUR) fee for the examination of the invention. Starting in the 4th year after the granting of the On the IPD website (https://www.economia.gov.mo/en_US/web/ invention patent, you will have to pay an annuity fees if you public/pg_ip_rf?_refresh=true), you can find the full breakdown want to keep the protection. of fees for registration and other information about patents. 8 IP Factsheet: Macao

C. Trade Marks

WHAT are Trade Marks? Geographical indications (for example, or Feta ) are not trade marks. They are A trade mark is a sign that distinguishes the products or protected in Macao by unfair competition law and services of a business from the products or services of other can be registered too with the Industrial Property businesses, to avoid confusion between the products and Application Counter of Reception Center of the services of the various competitors. That sign can be a word, a Macao Economic Bureau. To register a geographical logo, a combination of colours, a shape, a musical sound, etc. indication you will have to prove that you are entitled to use it in your products. Registered Trade Marks in MACAO: What you need to know geographical indications do not expire.

In general, you can only register signs that: How LONG does legal protection last? (1) Have distinctive capacity (excluding signs that are too simple, for example a dot); In principle the registration can be kept indefinitely provided renewal is applied for, and the fee is paid, every seven years. (2) Are not at risk of being confused with existing trade marks;

(3) Can be graphically represented (which excludes scents or flavours, for example, since there is no reliable way of representing them graphically);

(4) Are not deceptive to the public (for example about the real qualities or geographical origin of the product).

Registration is the safest and easiest way to protect your trade mark. Famous trade marks, however, enjoy legal protection in Macao even if they are not registered. However, whether a trade mark is famous or not is an issue to be ultimately decided by the courts.

The owner of a trade mark that is not registered (be it famous or not) may also sue, under the unfair competition law, against any acts that purport to create confusion in the HOW do I register? mind of the public between their products or services and those of a competitor. You will have to file an application with the Macao IPD, attaching a graphic representation of the trade mark you want to register and detailing the products and/or services in which you want to use it. The application form can be downloaded from the IPD website.

If you’re not holding a Macao SAR Resident Card, or don’t have a company registered in the Macao SAR and constituted according to the law of the Macao SAR you would need to appoint an agent to file trade mark application. The applications are filed with the Intellectual Property Department of the Macao Economic Bureau. After the application, the Macao IPD will publish a notice in the Official Gazette so that third parties have the chance to raise opposition to the registration (for example, on the grounds that it is confusingly similar to a famous trade mark). The registration will only be accepted if the IPD concludes that the trade mark meets all the requirements. 9

The Macao Trade Mark Law provides trade mark owners the right to prevent others from using identical or confusingly similar marks for their own goods and services. Trade Marks WATCH-OUTS in Macao The address and contacts of the IPD are: You cannot register trade marks that are IPD misleading to consumers or represent unfair 8th floor of the Luso-International Bank Building, 1 - 3 Pedro competition vis-à-vis other businesses. José Lobo St. If you want to keep your trade mark you must Macao renew it every seven years. Tel.: +853 2871 0287 / 8597 2266 / 8597 2220 Fax: +853 2871 5291 The registration will expire if there is no E-mail: [email protected] serious use of the trade mark during three Website: www.economia.gov.mo consecutive years. There is serious use when the trade mark is actually used in products or Registration of trade marks usually takes approximately services, either by the registration holder or from six to eight months. by a licensee. The registration of a trade mark does not WHO can register? prevent other businesses from using the same sign for other products or services Any producer of goods (manufacturers, artisans, , etc.) or if there is no risk of confusion to the public provider of services may apply for registration of a trade mark. about the origin of the product (for example, both a manufacturer of motorbikes and a Which LANGUAGES can I use? manufacturer of lingerie may use the trade mark Triumph). In the application to the Macao IPD you will have to use either Chinese or Portuguese.

How much does it COST? If you want to keep your trade mark you must renew it every seven years. The registration will The basic filing fee for trade mark registration in Macao is 1000 expire if there is no serious use of the trade mark MOP (around 116 EUR) and the renewal fee, due every seven during three consecutive years. years, is 2 000 MOP (around 230 EUR). The fees breakdown is available at (https://www.economia.gov.mo/en_US/web/public/ pg_ip_rf?_refresh=true). 10 IP Factsheet: Macao

D. Designs IPD 8th floor of the Luso-International Bank Building, WHAT are Designs? 1 - 3 Pedro José Lobo St. Macao A Design is the outward appearance of an industrial or Tel.: +853 2871 0287 artisanal product (for example, the pattern on a fabric or the Fax: +853 2871 5291 shape of a bowl). E-mail: [email protected] Website: www.economia.gov.mo

Registration of Designs takes approximately 15 to 18 months.

WHO can register?

The creator of the design can apply for registration. Designs made by employees, however, belong in principle to the employer.

Which LANGUAGES can I use?

You may use either Chinese or Portuguese.

Designs in Macao: What you need to know How much does it COST? The basic fee costs 1 000 MOP (around 116 EUR) and each A design will be protected by copyright in Macao if it can be 5-year renewal 2 500 MOP (around 290 EUR). Please consult qualified as an artistic work. Taking into account that many the IPD website for a breakdown of all the fees (https://www. industrial designs may not meet such creativity standard, economia.gov.mo/en_US/web/public/pg_ip_rf?_refresh=true). however, the Macao law also provides for the protection of new and singular (unique) industrial designs by a specific IP right, subject to registration.

A design needs to be novel to be registrable in Macao. Designs are not considered as disclosed if a third party obtained the design under explicit or inexplicit confidentiality or if the design was disclosed in an international exhibition held by the Government of the Macao SAR or approved by the Government or during an exhibition or trade fair recognized worldwide.

How LONG does legal protection last? Protection lasts up to 25 years, provided it is renewed every 5 years.

HOW do I register?

You have to apply to the Macao IPD, attaching a two- dimensional reproduction of the design you want to protect and explaining where its novelty lies. You can download the application from Macao IPD website. If you have previously filed for registration in a country member of the WTOor signatory to the Paris Convention you will be entitled to priority in Macao over other applicants for the same design for a 6 month period. After the application, the IPD will publish a notice in the Official Gazette so that third parties have the chance to raise opposition to the granting of the . The address and contact details of the IPD are: 11

Designs WATCH-OUTS in Macao Trade Secrets WATCH-OUTS in Macao Samples of designs for fabrics and garments can be deposited in the Macao IPD for up to To enjoy the protection afforded to trade three months before filing for registration. secrets the information at stake must be During that period of time you can select the clearly treated as confidential by its holder. designs you finally want to register, enjoying You are advised to take any appropriate priority over other applicants interested measures that are available to stress the in registering the same designs. This legal confidential nature of the information and to provision allows a time for businesses prevent its disclosure, for example: that produce a large number of designs every (1) disclosing the secret just to the persons season to choose the ones to protect without who need to know it for the operation of incurring the cost of registering designs that the business; are to be discarded. (2) inserting confidentiality clauses in contracts with any persons to whom you may have to disclose the information - E. Trade Secrets employees, suppliers or clients; WHAT are Trade Secrets? (3) keeping relevant documents in a safe.

A trade secret is any economically valuable information held by a business which is not in the public domain: a list of clients, a list of suppliers, a market survey, a manufacturing A trade secret is a commercially valuable piece of in- process, a marketing plan, a formula, a recipe, etc. formation that is not known, or readily ascertainable, and gives the holder an economic advantage over Trade Secrets in MACAO: What you need to know competitors and customers.

Trade secrets are protected in Macao against disclosure without the owner’s authorisation.

How LONG does legal protection last?

Trade secrets are protected indefinitely as long as the information is not in the public domain. 12 IP Factsheet: Macao

4. Using CUSTOMS to block counterfeits WHAT are Customs? Customs Bldg., S. Tiago da Barra St. D. Carlos I Pier, SW, Barra, Macao Customs is the Government department in charge of enforcing Tel.: +853 28559944 criminal law regarding importations and exportations, and Fax: +853 28371136 related intellectual property matters. They are the entity you E-mail: [email protected] must contact if you want non-authorised copies of products Website: http://www.customs.gov.mo that infringe your IP rights to be seized, for example. HOW do I register? Customs in Macao: What you need to know It is not possible to register with Customs to protect your The Macao Customs has the power to enforce Intellectual Property. Instead, you must present a complaint criminal law regarding intellectual property both at the to them whenever you are aware of a criminal infringement (importations and exportations) and anywhere else in Macao. of your IP rights (for example, if you know that someone is For example, customs can and will act if a shop in Macao is importing to Macao products that infringe your patent). selling trade marked products without the authorisation of the trade mark owner, or if someone is importing products Which LANGUAGES can I use? that infringe a patent registered in Macao. However, given the nature of intellectual property, Customs may not be aware of Chinese and Portuguese are the official languages in Macao. a criminal infringement without the cooperation of the right Customs have no obligation to accept your complaint if it is owner. You should be proactive, monitoring the use of your presented in another language. intellectual property and alerting Customs in every case of a suspected criminal infringement of your rights. How much does it COST?

Note that Customs have no authority to enforce the law You do not have to pay any fee to present a complaint to when the infringement has no criminal nature (examples of Customs. criminal infringement - see below in section 5). The address and contact details of the Customs are: 13

Customs WATCH-OUTS in Macao In many cases Customs will not be able to enforce the law without your cooperation. Alert them every time you are aware of a serious infringement of your intellectual property, namely whenever someone is making, exporting, importing, or selling to the public copies of your products without your authorisation. You can do it at any time the hotline +853 2896 5001 or fax +853 2896 5003.

Macao Customs has wide powers of search and seizure, powers of arrest and discretion on whether to prosecture an infringer.

5. Enforcing your IP In the case of your IP assets being infringed in Macao, there When claiming the payment of damages you will be expected to are two main avenues of enforcement which you can consider: prove in court the amount of the actual damages suffered. civil litigation and criminal prosecution (as outlined below). Customs seizures are described separately in Part 4 above. You will have to be represented in court by a lawyer licensed to practice in Macao (see contacts of the Macao Law Society below). Civil Litigation Criminal Prosecution The main aim of civil actions is to recover damages. Lawsuits concerning intellectual property matters are generally filed The most serious forms of IP infringement are crimes with the Judicial Base Court. You may sue in the civil court (for example, making or selling to the public, without the whoever causes you damages by using your IP assets without authorisation of the IP owner, copies of a product protected your authorisation or by breaching a contract (for example a by an IP right). The main criminal punishments applicable in license to use a trade mark or a confidentiality clause in a Macao for IP infringements are fines and jail terms of up to four labour contract). In the case of a breach of contract you can years. The court may simultaneously apply other sanctions, also sue to force the other party to pay any contractual fines for example banning the infringer from a certain professional that were included in the contract. activity or closing down their establishment. 14 IP Factsheet: Macao

In the case of a suspected crime you should present a complaint to Customs (see Part 4 above), or directly to the Public ’s Office. In fact, in some cases your complaint is legally required to start proceedings.

A civil claim may also be inserted in criminal proceedings in Enforcement WATCH-OUTS in order to recover damages resulting from the offense. Macao You can reach the Public Prosecutor’s office at any time through The initiative and cooperation of rights the hotline +853 2872 7272 or fax +853 2872 7228, namely to owners is fundamental for the effective present a complaint or to book an appointment with an official. The enforcement of intellectual property law. address and contact details of the Public Prosecutor’s office are: Often your complaint is necessary to start criminal proceedings against an infringer. 2nd floor, Dynasty Plaza Bldg., Alameda Carlos Assumpção In the criminal court you will be represented Tel.: +853 2878 6666 by the Public Prosecutor. If you so wish, Fax: +853 2875 3231 however, you may appoint a lawyer as E-mail: [email protected] assistant to the prosecutor. This will allow you to exert more influence on the proceedings, for example allowing you to file an appeal to a higher court if the prosecutor decides to not appeal.

In the case of your IP assets being infringed in Macao, there are two main avenues of enforcement which you can consider: civil litigation and criminal prosecution. 15

6. RELATED LINKS and Additional Information Visit the China IPR SME Helpdesk website for further relevant MACAU LAW SOCIETY information, such as how to deal with business partners in World Trade Centre Bldg., A – D, 11th floor, 918 Amizade China - https://www.china-iprhelpdesk.eu/ Avenue Tel.: +853 2872 8121 Economy Services’ Intellectual Property Department’s Fax: +853 287 28127 (Macao) website – www.economia.gov.mo E-mail: [email protected] Website: www.aam.org.mo Customs of Macao – http://www.customs.gov.mo MACAU AUTHORS AND COMPOSERS ASSOCIATION Public Prosecutions Office of the Macao Special Administrative B, 7th fl., I Tak Commercial Bldg., 126 Peking St. Region - https://www.mp.gov.mo/en/standard/index.html Tel.: +853 288 2380 Fax: +853 2888 2597 E-mail: [email protected] Website: www.maca.org.mo The China IPR SME Helpdesk provides free, confidential, business-focused advice relating to China IP Factsheet: IPR to European Small and Medium Enterprises (SMEs). Macao

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©European Union, 2020 Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU (OJ L 330, 14.12.2011, p.39). The China IPR SME Helpdesk is a free service for SMEs which provides practical, objective and factual information about Intellectual Property Rights in China. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained herein. Luxembourg: Publications Office of the European Union, 2020

An initiative of the Print ISBN 978-92-9460-037-0 doi:10.2826/710978 EA-03-20-430-EN-C PDF ISBN 978-92-9460-036-3 doi:10.2826/79571 EA-03-20-430-EN-N

Last update 2020