Trade Marks & Copyright 2024 Comparisons

In the Macau SAR (or “Macau”), trade marks and copyright are regulated by the Industrial Property Legal Act (the “IP Act”) and the Copyright and Related Rights Regime (the “Copyright Act”), respectively. Macau does not acknowledge common law trade marks; however, a priority right can be claimed by those using a trade mark freely within six months of initial use. Copyright is automatically granted upon creation, requiring no registration. The legal framework is codified, emphasising adherence to statutory provisions for intellectual property protection rather than relying on common law principles.

Macau is party to Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, and the Agreement on Industrial Property Rights in Relation to Trade (TRIPS). These treaty obligations are self-executing in Macau, meaning they are directly applicable and enforceable without the need for additional domestic legislation, although such legislation exists and is in force.

Foreign trade mark or copyright holders are subject, respectively, to the provisions of the IP Act and the Copyright Act, respectively, to govern their rights. Authors who are not residents of Macau enjoy the protection granted to residents, subject to material reciprocity; however, architectural works built in Macau and artworks incorporated into buildings in Macau always enjoy the protection granted by the Copyright Act.

In Macau, various types of signs can be registered to distinguish goods or services, provided they are graphically representable. These include product trade marks, service trade marks, association trade marks, certification trade marks, three-dimensional trade marks, sound trade marks, motion trade marks, combination colour trade marks, and trade dress.

Surnames and trade names can be registered, but authorisation is needed if the applicant is not associated with the covered surname or trade name. Registrable elements include words, images, sounds, shapes, and distinctive combinations of colours, while smell, taste, and touch cannot be registered due to graphical representation limitations.

An industrial design can receive trade mark protection if it serves as a distinctive source identifier for specific goods or services, used in commerce to distinguish their origin and symbolise the brand.

Macau treats all marks uniformly; there are no specific marks protected differently by statute. Famous and well-known marks enjoy special protection, allowing opposition to identical or similar marks, even if unregistered. However, evidence of filing for protection in Macau is required for intervention in opposition or appeal proceedings.

For trade mark protection, the essential qualification elements are distinctiveness, that it is not descriptive and that it has not become of common use in commerce. Proof of distinctiveness or secondary meaning is shown through evidence of prolonged use, market surveys, awards and advertising.

Trade mark owners in Macau have the rights outlined by statute in the IP Act, namely to prevent third parties, without their consent, from using identical or confusingly similar signs in economic activities related to the registered products or services. This prohibition applies when the similarity or affinity of products or services poses a risk of confusion or association between the sign and the trade mark in the consumer’s perception. Additionally, trade mark registration covers the use of the mark in papers, printed materials, computer pages, advertising, and documents related to the owner’s business activities.

Macau recognises an anti-circumvention right, akin to Article 11 of the WIPO Copyright Treaty, under the Copyright Code. The scope of this right encompasses the prohibition and punishment of commercial activities involving the deactivation or suppression of technological protection measures. Individuals engaged in such actions for commercial purposes may face imprisonment for up to two years or a fine of up to 240 days.

Additionally, advertising or offering services related to the deactivation or suppression of these measures for commercial purposes may result in imprisonment for up to one year or a fine of up to 120 days. Instruments designed for the purpose of deactivating or suppressing these measures, produced, imported, exported, sold, distributed, or rented for commercial purposes, are also subject to penalties. However, there are exclusions such as cases where deactivation is necessary for the exercise of certain rights, for non-profit purposes, scientific research, education, or when carried out by public authorities in specific contexts.

In Macau, the obligation for serious trade mark use implies “effective and real” utilisation, demonstrated through tangible, repetitive, and public activities in the market for specific products or services, aligning with their unique purpose. “Irrelevant use”, on the other hand, refers to actions that remain unnoticed by market stakeholders. It is essential to note that “symbolic”, “sporadic”, or “insignificant quantities” of use (relative to the company’s size and the type of product or service) fall short of meeting the criteria for effective use. The concept of “serious use” focuses more on quality than quantity, underscoring the sincerity and commitment in utilising the trade mark for its intended commercial purposes. While “frequent use” may suggest seriousness, sporadic or accidental use may indicate a lack of such commitment.

In Macau, trade mark owners are required to use specific symbols to indicate registration, such as ®, M.R., R, Marca Registada in Portuguese, or the equivalent Chinese expression. The English phrases “Registered trade mark” or T.M. can also be used.

Trade mark owners can only use these symbols after obtaining registration. Throughout the registration’s validity, the trade mark holder is entitled to include these symbols to signify the mark’s registered status.

There are no consequences for failing to provide notice of trade mark ownership.

It is widely recognised that a creation, such as a logo, once protected under copyright, loses its autonomy upon being integrated into a trademarked brand. When a design is integrated into a brand, the brand itself becomes the prominent and visible entity, embodying its true function. In other words, the creation forfeits its autonomy as the brand’s role becomes prominent. From the point of the brand’s registration, its distinctive character becomes the focal point. Consequently, from that moment onwards, comparisons are made between the brands themselves, even if this involves examining specific graphic elements, drawings, or unique artistic features.

While the brand subsumes artistic work, as previously noted, this does not inherently preclude actions to defend the underlying copyright of any specific graphic element of the brand. If a trade mark incorporates a surname, the IP Act stipulates that an authorisation from the relevant individual must accompany the application, unless filed by the owner themselves. Should this authorisation not be submitted, the application is subject to refusal.

In Macau, various works are eligible for copyright protection, including literary works, journalistic pieces, scientific texts, computer programs, conferences, dramatic and musical works, choreographic works, musical compositions, audio-visual works, visual arts like drawing and sculpture, architectural works, photographs, applied arts, industrial designs, design works, illustrations, maps, slogans, parodies, computer databases, and compilations.

These categories are statutorily defined under the Copyright Code. Successive editions of a work and reproductions of works of art, even with different dimensions, are not considered distinct works. Notably, the protection granted to computer databases and compilations does not extend to the underlying data or subjects compiled. Industrial designs can be entitled to copyright protection until they are incorporated in industrial design applications that have been granted, as mentioned in relation to trade marks in 2.6 Related Rights.

Copyright protects original works in literature, science, or the arts. The safeguarding under copyright law is dependent on the externalisation or manifestation of an original creation.

The legislative definition of “author” encompasses both the original human creator and, if rights are transferred, the subsequent holder unless explicitly stated otherwise. According to the Copyright Act, authorship is specifically attributed to the human intellectual creator of the work. The statute also establishes a presumption that the individual named in the work, as commonly used or announced publicly, is the intellectual creator. Regarding work-for-hire authorship, the law dictates that economic rights are assigned as agreed, or in the absence of an agreement, they are presumed to remain with the intellectual creator unless the creator’s name is not mentioned or appears in an unconventional place. In such cases, economic rights are presumed to be assigned to the entity commissioning the work.

Authors have the option to claim copyright protection anonymously or pseudonymously, with varying rights granted. In these instances, the person revealing or publishing a work under a name or pseudonym that conceals the author’s identity, or under anonymity, is deemed the author’s representative, who is responsible for defending the work’s rights against third parties.

In collaborative works, copyright is shared among all participants in joint authorship, with equal shares presumed in the absence of a written agreement specifying otherwise. If a collaborative work is attributed only to certain contributors, it is presumed that copyright exclusively belongs to those named. Individuals assisting in the creation, disclosure, or publication of the work are not considered co-authors. Additionally, the law clarifies that those financing the work do not gain copyright unless otherwise agreed in writing.

The author possesses personal and economic rights over their protected work as outlined in the Copyright Act. Economic rights grant exclusive authority to use the work economically, permit others to use it, and receive payment when authorised by law. Personal rights empower the author to keep the work unpublished, be acknowledged as the author in the original and copies, withdraw the work from circulation if necessary, and safeguard its authenticity and integrity, opposing any changes that could harm the author’s reputation.

Copyright typically ends fifty years after the creator’s death. For joint works, it expires fifty years after the last co-author’s death. In cases of anonymous or undisclosed authorship, copyright lasts fifty years after publication. If parts of a work are published separately, their copyright duration is calculated individually.

There is no legal requirement in Macau necessitating a specific notification of copyright ownership. Consequently, authors have the freedom to use the copyright symbol © or the word “Copyright” at their discretion.

In Macau, the Copyright Act stipulates that collective rights management can be carried out by entities established in Macau and registered with the Macau Economic and Technological Development Bureau. These organisations hold the authority to act in court on behalf of rights holders they represent, and are authorised to defend the legitimate rights and interests of the individuals or entities they represent, unless opposed by the represented parties. In disputes based on personal rights of the represented party, the organisations can only act in court with a specific power of attorney.

Copyright is recognised independently of registration, deposit, or any other formality.       

Copyright is recognised independently of registration, deposit, or any other formality."

Copyright is recognised independently of registration, deposit, or any other formality.

Copyright is recognised independently of registration, deposit, or any other formality.

When a design is integrated into a brand, the brand itself becomes the prominent and visible entity, embodying its true function. In other words, the creation forfeits its autonomy as the brand’s role becomes prominent. From the point of the brand’s registration, its distinctive character becomes the focal point. Consequently, from that moment onwards, comparisons are made between the brands themselves, even if this involves examining specific graphic elements, drawings, or unique artistic features.

While the brand subsumes artistic work, as previously noted, this does not inherently preclude actions to defend the underlying copyright of any specific graphic element of the brand.

In Macau, trade mark rights solely stem from registration. Using a trade mark grants a priority right for the first six months of use. Only famous and well-known marks have the authority to oppose applications, even if not registered in Macau. However, owners of these marks can oppose or appeal only if they can demonstrate having applied for registration in Macau. There are no separate criteria for different types of trade marks.

Macau maintains a unified trade mark register managed by the Economic and Technological Development Services Bureau (the “Macau Register”). The Macau Register is accessible to the public through its website, facilitating online searches before the submission of trade mark applications – an approach routinely adopted for all clients. However, some clients opt for formal searches that include a Macau Register report.

Macau employs a single-class filing system only which does not allow multi-class filing. Regardless of the number of classes associated with a trade mark, the application must be submitted based on one trade mark in a single class.

Registration Duration

The registration term is seven years, and owners can seek renewal six months before expiry or within a six-month grace period by paying an additional fee. Renewal only requires timely application, with no additional criteria.

The trade mark must remain unchanged, and any alterations to its elements necessitate a new registration. The original trade mark cannot be refreshed except for simple modifications that do not compromise its identity, affecting only proportions, materials, and non-explicitly claimed colours.

General Procedures for Trade Mark Registration

Macau adopts a single-class filing system, prohibiting multi-class filings. Applications can be submitted by local or foreign individuals, legal entities, or trade bodies to the Macau Register, with a fee of USD124. Non-resident applicants need a local proxy. After a formal examination, application information is published for opposition within two months. The registrar then conducts a substantive examination and either approves or rejects the trade mark application.

Macau statute does not require that an applicant use its trade mark in commerce before the registration is issued.

The Macau Register checks for existing rights, such as trade marks or companies registered in Macau. If identified, applicants are required to submit a letter or consent agreement from the prior owner. This document grants permission for the applicant to use specific marks, although it may lack detailed explanations regarding the absence of potential confusion between the marks.

The Macau Register reviews existing rights in Macau, and if found, the applicant is requested to submit a letter or consent agreement. This document grants authorisation from the prior owner for the applicant to use specific marks. However, the authorisation may lack detailed explanations regarding the absence of potential confusion between the marks.       

It is possible to revoke, change, amend or correct a trade mark application.

Trade mark applications in Macau cannot be divided. To proceed, the existing trade mark must be withdrawn, and separate applications for the divided trade marks must be filed.

The Macau Register will notify applicants of any inaccuracies in trade mark applications or other filings, providing a specific period for the applicant to correct the identified mistakes.

Trade marks may be declined on absolute grounds if they comprise generic, descriptive, commonplace, or weak elements, including colours, unless uniquely and distinctively combined or featuring graphics, words, or other elements. In case of rejection on absolute grounds, the only recourse is to file an appeal with the courts of Macau.

Decisions from the Macau Register can be contested through an appeal within 30 days of publication. Appeals are officially submitted to the civil section of the Macau courts. The courts notify the Macau Register and relevant third parties, such as opponents, to respond to the appeal grounds within 30 days. The final decision is ultimately rendered by the Macau courts.

Macau does not participate in the Madrid system.

An opposition may be submitted within a period of two months following the publication of the trade mark application, and this deadline cannot be extended.

The legal grounds for opposing a trade mark application are to claim that the applied trade mark is:

• a descriptive mark;
• an imitation of a registered mark or of an unregistered mark being used in the last six months;
• an imitation of a registered or unregistered well-known mark for the same/similar products or services;
• an imitation of a registered or unregistered famous mark for the same/similar/different products or services;
• an imitation of a family name or of a company name (or of its  most relevant part); or
• an infringement of copyright.

Those eligible to oppose include:

• owners of prior marks (registered, unregistered but in use, famous, or well-known);
• individuals with imitated family names; or
• businesses facing trade name imitation.

For unregistered famous or well-known marks, opponents must provide evidence of filing for registration. Any third party with a prior mark or application, or using a well-known or famous mark in Macau, can initiate opposition.

Typical fees for filing an opposition are USD2,700.

After receiving an opposition, the applicant is notified and has one month to respond. The parties present their supporting evidence without formal discovery proceedings. The Macau Register examines the arguments and conducts searches. The final decision on approving or rejecting the trade mark is then published in an official bulletin, and the parties are informed. The resolution does not involve motion practice or a hearing.

Legal remedies against the decision of the trade mark office, which is always deemed final after publication, involve an initial appeal to the Macau Court of First Instance. This appeal can encompass both factual and legal arguments.

A party dissatisfied with the outcome of a first instance trial can appeal to the Court of Second Instance, which would be limited to points of law.

Should the Court of Second Instance uphold the appealed decision, no further appeal is permitted. Should the Court of Second Instance decide in a different manner than the Macau Court of First Instance, the losing party may appeal further to the Court of Final Appeal.

The duration for each appeal at each court level typically ranges between six to nine months for a decision to be reached.

Copyrights may not be revoked or cancelled and there are no statutory limitations or time periods within which to file revocation/cancellation actions of trade marks, with the exception of the obvious cancellation for non-use for three consecutive years.

Trade mark revocation may occur on the following grounds:

• Non-use for three consecutive years: If a trade mark remains unused for three consecutive years, it may be subject to revocation.
• Change in identity: If the trade mark undergoes alterations to the extent that its identity is changed, it can be considered for revocation.
• Becoming a common term to designate products/services: If the trade mark transforms into a common or usual term for denoting the covered product or service in commerce, it may be subject to revocation.
• Becomes misleading: A trade mark can face revocation if it becomes misleading, causing confusion or misrepresentation in the market.
• Inappropriate use in Macau: If a trade mark, originally registered exclusively for export purposes, is being used within Macau, it may be subject to revocation.

There is no expungement or re-examiniation procedure available.

Anyone may initiate a revocation/cancellation proceedings.

Trade mark revocation/cancellation actions are brought before the Macau Register.

Partial revocation/cancellation of a trade mark is possible if the Macau Register determines that the grounds for revocation or cancellation apply only to specific products or services covered by the trade mark.

Amendment is not possible in revocation/cancellation proceedings.

Actions involving revocation/cancellation and infringement are not heard together.

Copyrights are not subject to registration and therefore there is no filing to cancel.

Trade mark applications are not subject to specific investigation other than the substantive examination that examines if all the requirements to grant a trade mark are met or not.       

Applied or granted trade marks can be assigned, in whole or partially, provided that the assignment is made in writing and the parties’ signatures are notarised and a submission for registration of the assignment is made with the Macau Register. Pursuant to Macau Law, an assignment may be granted without any fee or for a specific consideration.

In the jurisdiction of Macau, the licensing of trade marks is permissible on either a complimentary or fee-based basis, with the option for exclusivity or non-exclusivity through a formalised licence agreement in written format. It is imperative that such agreements undergo notarisation of the signatures of the involved parties, and a corresponding application for recordal must be submitted to the Macau Register. This licensing arrangement can be extended to both registered trade marks and those currently undergoing the application process.

Copyright licensing requires a written agreement.

The rights arising from a trade mark application can be licensed, but the refusal of the grant implies the expiration of the license. There are no restrictions that apply while the application is pending. Copyrights are not subject to any registration.

In Macau, for trade mark assignments or licences to be enforceable against third parties, they must be registered with the Macau Register. If such assignments or licences are not registered, they remain valid only between the parties involved or their successors. The effectiveness of these agreements in relation to third parties is contingent upon their registration. Copyrights are not subject to any registration.

Authors and/or their heirs can recapture transferred rights for copyrighted works if there is a contractual provision that enables them do to so.

Trade marks and the patrimonial rights of a copyright can be given as a security, subject to rights in rem, assigned by way of security or levied in execution, without any applicable restrictions. In the case of a trade mark, such acts are subject to registration with the Macau Register.

According to Macau’s IP Act and the Copyright Act, it is stipulated that a criminal complaint must be lodged within six months of becoming aware of infringement. Additionally, criminal charges for trade mark infringement become time-barred after five years. In the case of an unfair competition lawsuit, the filing period is one year from the date of awareness of the facts, with a maximum limit of three years from the occurrence of the facts.

Trade mark owners can, for either registered or unregistered trade marks, claim trade mark infringement, dilution claims, false advertising and also unfair competition claims. Copyright owners, on the other hand, can pursue copyright infringement claims. Direct infringement would be asserted against those that carry out the infringement while a third party may be charged with vicarious infringement for benefiting from the infringement acts.

Copyright management information infringement is punishable with imprisonment for up to one year or a fine of up to 120 days. Those that knowingly broadcast, communicate, distribute, import, or make available to the public materials with altered copyright management information are subject to imprisonment for up to two years or a fine of up to 240 days for commercial offences. Criminal proceedings require a formal complaint.

When determining whether the use of a trade mark constitutes infringement, several elements are usually examined. These factors may include the similarity between the marks, the likelihood of confusion among consumers, the distinctiveness of the marks, the type of goods or services involved, and the potential harm to the reputation of the earlier mark. These considerations are established in the related provision of Macau’s IP Act.

As concerns copyrights, the assessment is made by comparing if the works or their essential elements are identical or similar.

The essential participants in a lawsuit for infringement include the owner and the accused infringer. A third party, not the owner, like the licensee or distributor, has the capacity to initiate an infringement action if explicitly authorised through a recorded agreement. In the case of trademarks, this agreement must be filed with the Macau Register.

For trade marks, legally constituted business associations, the Consumer Council and legally constituted consumer associations, may also join as assistants to the Prosecutor after the trade mark infringement act has commenced.

Owners of famous and well-known trademarks have the unique ability to take measures to prevent infringement even before their mark is formally registered. This is to protect the integrity and reputation of their assets, relying on the principles of unfair competition.

Macau’s legal system does not permit representative or collective actions in trade mark proceedings. Conversely, for copyright matters, collective rights management is possible through entities established in Macau and registered with the Macau Economic and Technological Development Bureau. These entities are authorised to act in court on behalf of the rights-holders they represent, unless the represented parties explicitly oppose this. In disputes based on personal rights of the represented party, the organisations can only act in court with a specific power of attorney.

There are no prerequisites to filing a trade mark or copyright lawsuit.

Trade mark matters arising from registration decisions or unfair competition and civil claims are the competence of the civil sections of the Judicial Base Court. An appeal will be possible to the court of second instance. If such instance confirms the lower court decision there is no possibility of further appeal to the Court of Final Appeal. The same applies to civil matters arising from copyright contractual disputes.

Matters arising from criminal infringement are to be decided by the criminal section of the judicial base court. An appeal will be possible to the Court of Second Instance. Only the owners of well-known or famous foreign trade marks may bring infringement claims in Macau if they have filed for registration. Foreign copyright owners may initiate infringement claims as Macau does not have a copyright registration system.

Lawsuits must outline the facts that substantiate the claims and the applicable law, concluding with a formal petition. There are no special provisions for lawsuits in trade mark proceedings that differ from non-intellectual property proceedings. A defendant may file counterclaims in a civil lawsuit.

Under Macau law, the option for an alleged trademark or copyright infringer to initiate declaratory judgment proceedings is not available.

Macau law does not foresee an alternative avenue to resolve small trade mark or copyright claims.

Macau does not have a copyright office and the trade mark office does not decide on infringement actions.

Counterfeit trade marks refer to the unauthorised and deliberate reproduction or imitation of trade marks with the intent to deceive consumers or infringe on the rights of the legitimate owners.

Bootlegging involves the unauthorised act of reproducing, selling, offering for sale, storing, importing, exporting, or commercially distributing counterfeit copies of a work, phonogram, or videogram without the authorisation of the exclusive distribution rights-holder.

Infringers are subject to criminal liability as stipulated in Macau’s Industrial Property Act and the Copyright and Related Rights Act.

Macau does not have specialised intellectual property courts for copyright or trade mark matters. See 8.7 Lawsuit Procedure.

A registered trade mark owner does not receive any litigation benefits. 

Macau does not have disclosure or discovery mechanisms.

Expert witnesses and surveys are allowed and may be utilised in trade mark or copyright infringement actions to provide specialised knowledge or insights that can assist the court in understanding complex issues related to intellectual property disputes.

The courts typically consider expert evidence and surveys in accordance with the principle of free analysis of evidence. This means that such evidence is admissible and is treated on an equal footing with other types of evidence. The court assesses the reliability, relevance, and credibility of expert testimony and survey results in the context of the overall case.

Typical costs of a trade mark or copyright infringement action are approximately USD15,000 and the use of expert witnesses or surveys may increase such costs.

Trade mark and copyright infringement constitute a criminal offence enforced through criminal channels, being carried out by the Public Prosecutor and decided by the criminal section of the Judicial Base Court.

In Macau, statutory provisions do not explicitly enumerate a comprehensive set of defences against trade mark infringement. However, various legal principles and concepts may be invoked in response to trade mark infringement claims. These include arguments related to priority, non-use objections, abandonment, licensing, fair use, parody/satire, functionality, the use of one’s own name, and considerations related to limitations, forfeiture, and violation of competition laws. While these defences are not expressly foreseen by statute, they can be utilised as relevant in specific cases.

It is important to note that the effectiveness of these defences varies depending on the particulars of each case, and they may not necessarily serve as complete bars to liability. The court will assess the merits of each defence within the context of the specific trade mark infringement dispute.

See 10.1 Defences to Trade Mark Infringement.

In Macau, private use of protected works is permitted unless stated otherwise. Private use encompasses activities such as reproducing the work for personal and exclusive use, as well as non-profit activities such as performing a dramatic, dramatic-musical, or cinematographic work, reciting a literary work, or executing a musical work. Such activities are allowed in locations not open to the public.

Macau does not have an exception to trade mark or copyright infringement for activities carried out by intermediaries.

In Macau’s legal system, the concept of exhaustion of trademark or copyright rights is not recognised.

Registered trade mark owners can prohibit the circulation of their products whenever they are modified or altered after being placed on the market; however, this type of prohibition is not enforced through criminal law protections.

Within the framework of copyright law, certain uses of a copyrighted work are considered lawful without the author’s consent. Specifically, a library is permitted to engage in the reproduction, in full or in part, of a previously published or disclosed work. This reproduction, undertaken by the library, should be non-public and limited to the requirements of the institution’s own activities. Additionally, the law allows for the public availability of a copyrighted work from a library’s collection. This can be facilitated through computer terminals within the library or a network of reserved access computers. It is important to note that these activities by the library must be non-profit in nature to fall within the scope of lawful use without the author’s consent.

Interim and final injunctions are accessible remedies in legal proceedings carried out in Macau. Where an individual has a well-founded fear that a third party may inflict significant harm upon their rights, they have the option to submit an unspecified preliminary injunction request to a Macau court. This request seeks the issuance of a “preventive/conservation preliminary injunction” tailored to safeguard the affected right effectively. This may involve specifying particular actions or abstentions (such as a cease and desist order). The plaintiff’s interest in obtaining such a preliminary injunction may stem from an existing right, such as a registered intellectual property right (IPR), or from a right expected to be granted through an ongoing or anticipated lawsuit.

In Macau, owners of registered trade marks or copyrights have the right to seek compensation for actual damages and loss of profits, with the amount being determined at the discretion of the judge, based on the evidence provided. The Macau Civil Code outlines the methodology for calculating damages and profit losses. However, monetary remedies for trade mark infringement are restricted to registered trade mark owners or those with famous and well-known trade marks whose registration is pending. Copyright, which does not require registration, is not subject to this limitation.

The party that is unsuccessful in the legal proceedings will be responsible for covering all court fees and may also be obligated to pay any requested and substantiated expenses and attorney fees incurred by the prevailing party.

In Macau, trade mark or copyright owners can seek relief without notice to the defendant.

The legal framework in Macau allows the customs authorities to confiscate counterfeit goods without the necessity of registration with the customs authorities. It is important to note that the importation of parallel goods is not prohibited in Macau.

In Macau, the legal framework does not provide for the option of settling cases related to infringement that are being heard before criminal courts, nor does it allow for settlement in matters arising from decisions on trademark registration.

Macau does not allow for alternative dispute resolution to trade mark or copyright infringement actions.

Proceedings relating to infringement can be suspended pending the resolution of another case, particularly if there is a prejudicial case involved. A prejudicial case is characterised by the discussion and determination of a fact or situation that serves as an element or prerequisite for the formulated claim. In this context, the resolution of the matters under consideration in the prejudicial case has the potential to impact and influence the ongoing proceedings, potentially altering or undermining the foundational basis of the case.

Trade mark or copyright infringement decisions are carried out by the Judicial Base Court and they can be appealed to the Court of Second Instance.

An appeal request may be filed within ten days of a court ruling. Following the acceptance of the appeal request, the appellant will have 30 days to file the appeal grounds.

The appellate procedure for trade mark or copyright proceedings follows the common appellate procedures.

The appeal will be limited to legal review only.

Regarding trademark applications in Macau, if an applicant files for a trademark that consists exclusively of, or predominantly features, the name or image of a person (whether they are a celebrity or not), they are required to file the consent of that individual.

Macau regulates unfair competition under the provisions of the Commercial Code.

There are no emerging issues in Macau and there is no record of any intention to handle the emergence of artificial intelligence with respect to trade mark and copyright laws.

There are no special rules with regard to trade marks or copyrights on the internet.

There are no special rules with regard to trade marks or copyrights as used in business.