INITIAL CONTACTS

Zhao Lu (Partner)

Protecting Ideas

Today's global market rewards innovation, creativity, vision and entrepreneurialism. But it also adds increased exposure of ideas and products to piracy and counterfeiting, hacking down a business' profit and revenue margins in the process. Proper identification, management and protection of intellectual property (IP) rights are therefore critical aspects of businesses and brands.

IP rights protection in Macau is totally autonomous from other jurisdictions, including the People's Republic of China, and is effected through the Intellectual Property Department of the Economic Services Bureau of the Macau SAR Government, which handles and is part of all IP matters in the territory. IP protection is legislated in the Industrial Property Code of Macau and the territory is also a member of the WTO and a party to most WIPO conventions. All applications for protection of IP rights must be submitted in one of the official languages, namely Portuguese or Chinese.

IP rights that may be registered and protected in Macau include patents, utility patents, extension of patents granted outside Macau, European patents, protection certificates for drugs and pharmaceutical products, topographies for semiconductor products, designs and models, trademarks, names and emblems of establishment, appellations of origin and geographical indications and awards.

Trademarks were the first IP rights to be protected by Macau law and are unquestionably the most extensively registered and protected rights in the jurisdiction, with thousands of new applications being submitted every year. The lead time from application to registration of a trademark is usually around 6 months, and registration is valid for a period of 7 years upon granting and may be renewed for additional periods of 7 years.

Patent registration may only be applied for products which are new, inventive, and useful or industrially applicable. Upon submission of an application, the Economic Services Bureau will proceed with a formal examination of all documents and a disclosure notice to the public is published in the Official Gazette after 18 months from the date of application. The applicant has 7 years from the date of application to request an examination report. While fulfilment of the formal requirements of the application is examined by the Economic Services Bureau, examination of the invention itself is conducted by the Chinese Patent Office of the People's Republic of China. Patent registrations are valid for a period of 20 years upon approval. It is also possible to apply for an extension of a Chinese patent to Macau.

Applications for designs and industrial models are examined by the Economic Services Bureau and a disclosure notice to the public is published in the Official Gazette after twelve months from the date of application. The applicant has 30 months from the date of application to request an examination report. Registrations are valid for a period of 5 years upon granting and may be renewed for additional identical periods up to a total of 25 years.

We handle all matters related to intellectual property, including:

General advice on intellectual property issues;
Registering and maintaining IP portfolios, including preparing, translating, submitting, following up and managing trademark, Patent, design and industrial model applications and renewals;
Protection and enforcement of IP rights, including oppositions and litigation;
Topographies for semiconductor products;
Anti-counterfeiting and customs actions;
Licensing and franchising;
Copyright issues;

Internet, e-commerce and domain name registration; and

Other IP related matters.