This is an unofficial English translation of the Industrial Property Law, which is merely intended to serve only as reference information and does not substitute the original Chinese and Portuguese versions. Courtesy of Macau Intellectual Property Office.
INDEX
Decree-Law 97/99/M of December 13, 1999
Article 1. Adoption of the Industrial Property Code
Article 2. Industrial property rights under the previous law
Article 3. Processes stemming from the National Institute of Industrial Property
Article 4. Watch Committee
Article 5. Amendments to the Code
Article 6. Repeal of prior legislation
Article 7. Entry into effect
PART I - GENERAL PROVISIONS
CHAPTER I -
General Provisions
Article 1. Adoption of the Industrial Property Code
Article 2. Subjective scope
Article 3. Objective scope
Article 4. Territorial scope
Article 5. Content of industrial property rights
Article 6. Proof of industrial properly rights
Article 7. Temporary protection for compensation purposes
Article 8. Jurisdiction
Article 9. General grounds for refusal
Article 10. Publication of acts and decisions
Article 11. Assignment of industrial property rights - nature and forms
Article 12. Contractual licences
Article 13. Privileges and limitations of the licensee
Article 14. Garnishment, attachment and pledge
CHAPTER
II - Priority Right
Article 15. Priority claim
Article 16. Priority right
Article 17. First application
Article 18. Proof of priority right
CHAPTER
III - Administrative Procedures
Article 19. Entitlement to file
Article 20. Entitlement to take action
Article 21. Applicant not domiciled, registered or established in the Territory
Article 22. Access to the processes
Article 23. Printed forms and formal documentary requirements
Article 24. Rectification of application
Article 25. Rectification
Article 26. Recognition of signatures
Article 27. Notifications
Article 28. Copies of the expositions
Article 29. Compilation and return of documents
Article 30. Inspections
Article 31. Unofficial amendment of the decision
Article 32. Alteration of unessential elements
Article 33. Documents appended to other proceedings
Article 34. Delivery of the title-deeds
Article 35. Counting deadlines
Article 36. Full restitution
CHAPTER IV
- Fees
Article 37. Fees due
Article 38. Forms of payment
Article 39. Calculation of periodic fees
Article 40. Payment period
Article 41. Surcharge and revalidation
Article 42. Reduction of fees
Article 43. Refunding of fees
Article 44. Suspension of payment of fees
Article 45. Rights belonging to the Territory
Article 46. Use of the fees
CHAPTER V -
EXTINCTION OF INDUSTRIAL PROPERTY RIGHTS
Article 47. General causes of nullity
Article 48. General causes of annulment
Article 49. Procedure for a declaration of nullity or annulment
Article 50. Effects of the declaration of nullity or annulment
Article 51. General causes of forfeiture
Article 52. Applications for a declaration of forfeiture
Article 53. Renunciation
PART II - INDUSTRIAL
PROPERTY REGISTRATION
Article 54. Jurisdiction and propose
Article 55. Register of approved agents
Article 56. Elements relevant to the registration of rights granted
Article 57. Facts subject to registration
Article 58. Initial steps and formalities
Article 59. Access to the registers
PART III - TYPES
OF INDUSTRIAL PROPERTY RIGHTS
Section I - General Provisions
Sub Section I - Object of Protection
Article 60. Subject matter of protection
Article 61. Patentability requirements
Article 62. Exceptions and limitations to patentability
Article 63. Special cases of patentability
Article 64. Biological processes and biological matter - definitions
Article 65. Prior art
Article 66. Inventive step
Article 67. Industrial application
Article 68. Non-opposable disclosures
Sub-Section II - Patent Entitlement
Article 69. Patent tight
Article 70. Invention discovered in the context of an employment contract
Article 71. Attribution of entitlement to the invention
Article 72. Inventor's remuneration
Article 73. Inadmissibility of prior renouncement
Article 74. Most favoured regime
Article 75. Right of the inventor to be named
Article 76. Application to public entities
Sub-Section III - The Patent Procedure
Article 77. The form of request
Article 78. Description of biotechnical inventions
Article 79. Additional elements of the request
Article 80. Unity of request and invention
Article 81. Multiple priorities
Article 82. Examination as to form
Article 83. Notice of disclosure to the public
Article 84. Objections
Article 85. Examination report and designated entities
Article 86. Examination of the invention
Article 87. Examination report request filed by a third party
Article 88. Rejection of an examination report request
Article 89. Amendments to claims, description or drawings
Article 90. Rectification subsequent to the examination report
Article 91. Divisible applications
Article 92. Divisible application following upon legal action
Article 93. Deadline and content of the divisible application
Article 94. Access to deposited biological material and substitution thereof
Article 95. New deposit
Article 96. Withdrawal of application
Article 97. Partial granting
Article 98. Reasons for refusing the patent
Article 99. Notification of grant or refusal of patent
Article 100. Publication of the pamphlet
Sub-Section IV - Effects of the Patent
Article 101. Scope of protection
Article 102. Inversion of the onus of proof
Article 103. Duration
Article 104. Rights conferred by the patent
Article 105. Limitation on the rights conferred by the patent
Article 106. Non-contravention of the patent
Sub-Section V - Use of the Patent
Article 107. Indication of the patent
Article 108. Loss and expropriation of the patent
Article 109. Mandatory licences - admissibility
Article 110. Mandatory licences - general rules
Article 111. Mandatory licences issued in the case of no or inadequate exploitation of the patent
Article 112. Interdependent licences
Article 113. Public interest
Article 114. Application for mandatory licences
Article 115. Cancellation and reappreciation of the mandatory licence
Article 116. Notification and appeal with respect to the granting, refusal or cancellation of licence
Article 117. Public tender for the exploitation of an invention
Sub-Section VI - Expiry of the Patent
Article 118. Nullity of patents
Article 119. Partial nullity or cancellation
Section II - Utility Models
Article 120. Subject of protection
Article 121. Duration and renewal
Article 122. Indication of the utility model
Article 123. Fees due for the utility model
Article 124. Redemption
Section III - The complementary certificate for the protection of medicines and phyto-pharmaceutical products
<Article 125. Certificate request
Article 126. Examination and publication of the request
Article 127. Duration of the complementary certificate
Article 128. Extinction of the complementary certificate
Section IV - Extension
of patents granted abroad
Sub-Section 1- European Patents
Article 129. Extension of European applications and patents
Article 130. Effects of the European patent application
Article 131. Effects of the European patent
Article 132. Original text and translations
Article 133. Prohibition of dual protection
Article 134. Extension and renewal feesSub-Section II - Other Patents
CHAPTER II -
Semiconductor Topography Products
Section I - Subject Matter of protection
Article 136. Subject matter of protection
Article 137. Definition of semiconductor product
Article 138. Definition of semiconductor product topography
Section II - Other Provisions
Article 139. Temporary limitations on the exercise of the right
Article 140. Additional elements of the application
Article 141. Grounds for refusing to register a topography
Article 142. Duration
Article 143. Rights conferred by registration
Article 144. Limitation on the rights conferred by the registration
Article 145. Indication of the registration
Article 146. Mandatory exploitation licence
Article 147. Nullity of the topography registration
Article 148. Partial nullity or cancellation
Article 149. Referral
CHAPTER III
- INDUSTRIAL MODELS AND DESIGNS
Section I - Subject matter of protection
Article 150. Subject matter of protection
Article 151. Product definition
Article 152. Requirements for registration
Article 153. Novelty
Article 154. Unique character
Article 155. Industrial models or designs incorporated into components
Article 156. Exceptions to and limitations on registration
Article 157. Disclosure
Article 158. Non-opposable disclosures
Section II - Right to register industrial models and designs
Article 159. Right to register
Section III - The registration procedure for industrial models and designs
Article 160. Form of application
Article 161. Complementary elements of the application
Article 162. Unity of application and of registration of industrial model or design
Article 163. Multiple applications
Article 164. Examination as to form
Article 165. Notice of public disclosure
Article 166. Opposition
Article 167. Examination report and designated entities
Article 168. Examination of the industrial model or design
Article 169. Request for examination report by third parties
Article 170. Rejection of the examination request and amendments - renunciation
Article 171. Rectification following the examination report
Article 172. Divisible applications, multiple priorities and withdrawal of application - renunciation
Article 173. Grounds for refusing to register a design or model
Article 174. Partial granting
Article 175. Notification of granting or refusal of registration
Section IV - The effects of registration of industrial models and designs
Article 176. Duration
Article 177. Rights conferred by registration
Article 178. Limitation on the rights conferred by the registration
Article 179. Relationship with copyrights
Section V - The use of drawings and models
Article 180. Indication of the industrial model or design
Article 181. Inalterability of the designs or models
Article 182. Alterations of the details of drawings or models
Section VI - Expiry of registration of industrial models and designs
Article 183. Nullity of the registration of industrial models or designs
Article184. Nullity of the registration of designs or models
Article185.Design or model registration refused, declared null or cancelledSection VII - Prior protection of industrial models and designs
Article 186. Subject matter of the application for prior protection
Article 187. Deposit of samples or reproductions
Article 188. Secrecy and archiving
Article 189. Form of application for prior protection
Article 190. Proof of deposit of samples
Article 191. Duration of prior protection
Article 192. Rights conferred
Article 193. Lapse of prior protection
Article 194. Conversion of the prior protection application
Article 195. Registration application for administrative acts or court action
Article 196. Fees
CHAPTER IV - Trademarks
Section I- Subject matter of protection
Article 197. Subject matter of the trademark
Article 198. Linguistic requirements
Article 199. Exceptions and limitations to protection
Article 200. Collective trademark
Section II - The right to register a trademark.
Article 201. Right to registration
Article 202. Free or unregistered trademark
Article 203. Right to register collective marks
Section llI - The trademark registration procedure
Article 204. Unity of application and registration of the trademark
Article 205. Registration for products and services
Article 206. Forms of application
Article 207. Additional elements of the application
Article 208. Priority right
Article 209. Examination as to orm
Article 210. Publication of the registration application
Article 211. Complaint and response
Article 212. Examination and study of the proceedings
Article 213. Decision
Article 214. Grounds for refusal of registration
Article 215. Reproduction or imitation of the trademark
Article 216. Partial refusal
Section IV - Effects of registration of trademark
Article 217. Legal presumption of registration
Article 218. Duration and renewal of registration
Article 219. Rights conferred by the registration
Article 220. Limits on the rights conferred by registration
Article 221. Preclusion of action by virtue of tolerance
Article 222. Relationship with social styles and company names
Section V - Use of the trademark
Article 223. Optional use of the trademark
Article 224. Inalterability of the trademark
Article 225. Indication of registration
Article 226. Use of certification trademark
Article 227. Assignment of the trademark
Article 228. Limitations on assignment
Section VI - Termination of trademark registration
Article 229. Nullity of the trademark registration
Article 230. Annulment of the trademark registration
Article 231. Forfeiture of trademark registration
Article 232. Serious use of trademarks
CHAPTER V -
NAMES AND EMBLEMS OF ESTABLISHMENTS
Section I- Subject matter of protection
Article 233. Subject matter of protection
Article 234. Establishment emblem
Article 235. Exceptions to protection - renunciation
Article 236. Non-prohibited constituent elements
Article 237. Forbidden or conditional constituent elements
Section II - Right to the name and emblem
Article 238. Right to the name and emblem
Section III - Registration of the name and emblem of an establishment
Article 239. Form of application
Article 240. Complementary elements of the application
Article 241. Unity of application and registration of the name and emblem
Article 242. Examination as to form
Article 243. Publication of the application
Article 244. Subsequent formalities
Section IV - Effects of registration of name and emblem
Article 245. Duration of registration Article
Article 246. Rights conferred by the registration
Article 247. Relationship with corporate styles and company names
Section V - Use of the name and emblem
Article 248. Indication of the name or emblem
Article 249. Inalterability of the name or the emblem
Article 250. Assignment
Section VI - Annulment of registration of name and emblem
Article 251. Annulment of name or emblem registration
Article 252. Annulability of the name and emblem registration
Article 253. Forfeiture of the name and emblem registration
CHAPTER VI - Designation of Origin and Geographical Indications
Article 254. Object of protection
Article 255. Registration application
Article 256. Grounds for refusing the registration of designations of originz
Article 257. Duration of registration
Article 258. Indication of registration
Article 259. Rights conferred by the registration
Article 260. Relationship with corporate styles and company names
Article 261. Annulability of registration of designations of origin or geographical indications
Article 262. Forfeiture of registration of designations of origin or geographical indications
CHAPTER VII
- AWARDS
Article 263. Subject matter of protection
Article 264. Right to the registration
Article 265. Registration application
Article 266. Items to accompany the application
Article 267. Grounds for refusing the registration of awards
Article 268. Effects of registration
Article 269. Restitution of documents
Article 270. Indication of awards
Article 271. Assignment
Article 272. Conditions under which mention may be made of the awards
Article 273. Annulability of award registrationsty
Article 274. Forfeiture of the registration of awards
PART IV - LEGAL
RECOURSE
Article 275. Legal recourse
Article 276. Right to appeal
Article 277. Deadline for appeal
Article 278. Response-referral of proceedings
Article 279. Citation by the opposing pasty
Article 280. Request for technical expertise
Article 281. Representation of the DES
Article 282. Appeal against the court decision
Article 283. Publication of the final decision
PART V - MONITORING
AND PENALTIES
CHAPTER I - General Provisions
Article 284. Timing of supervision
Article 285. Competent bodies
Article 286. Seizure at points of entry
Article 287. Unspecified precautionary measures
Article 288. Commitment to inform
CHAPTER II -
UNLAWFUL ACTS
Section I - Types of unlawful acts
Article 289. Violation of the exclusivity of a patent or of the topography of semiconductor products
Article 290. Violation of exclusive rights relating to designs or models
Article 291. Counterfeiting, imitation and illegal use of trademark
Article 292. Sale, circulation or concealment of products or goods
Article 293. Violation and illegal use of designations of origin or geographical indications
Article 294. Industrial property rights obtained in bad faith
Section II - Other provisions
Article 295. Monitoring and apprehension
Article 296. Fate of seize items
Article 297. Assistants
Article 298. Referral and subsidiary right
CHAPTER III
- ADMINISTRATIVE OFFENCES
Section I - Types of administrative offences
Article 299. Illegal reference to or use of awards
Article 300. Violation of name and emblem rights
Article 301. Use of illicit marks
Article 302. Improper use of name or emblem of establishment
Article 303. Mention or improper use of private rights
Article 304. Lack of mandatory trademark
Section II - Sundry provisions
Article 305. Perpetrators and responsible parties
Article 306. Determination of administrative penalties
Article 307. Reduction or waiver of penalties
Article 308. Repeated offences
Article 309. Notices
Article 310. Power to investigate and penalize
Article 311. Payment of fines
Article 312. Liability for payment of fines
Article 313. Prescription
Article 314. Destination of fines
Decree-Law N° 97/99/M of 13 December 1999
PREAMBLE Portuguese | Chinese
In the modem world, industrial property is considered a fundamental factor in
the promotion of economic development.
Indeed, it contributes decisively to the motivation of inventive activity only
if, given the considerable resources that the mobilization of technological
investigation implies, protection by the industrial property system can guarantee
appropriate economic compensation for the investments made in the quest for
new products and processes.
Conversely,
industrial property is a factor that favours the transfer of technology, in
that the owners of technological knowledge in other countries will be far more
open to transferring that knowledge if Macao has an appropriate system to protect
their exclusivity rights to that technology.
The introduction
of an autonomous industrial property system will also benefit companies in Macao
in that they will begin increasingly to have access to a considerable amount
of technical information that will accumulate in the Industrial Property Register
once patent applications in Macao have been published or patents have been extended
from outside the Territory for consultation by the public in general and by
investigators and interested economic agents in particular.
The technical
documentation contained in the patents certainly constitutes an important factor
in making new companies aware of the state of the art in their technological
area, in order that they may better prepare for a global market where they will
have to face ever stiffer competition. But it is also a source of technical
updating or adaptation for existing companies, in other words, a source of innovation
that can be ignored by such companies, only on pain of stagnation or obsolescence.
Furthermore,
there can be no question as to the importance of trademarks and other distinctive
signs. They help guarantee the identification of the product with the producer,
and that identification ensures a certain guarantee of quality or origin and
consequently they help ensure the survival of the qualities and characteristics
of the product. These distinctive signs are in themselves, therefore, a very
relevant factor in motivating companies in distinguishing themselves for their
quality and ensuring the safety of the consumer.
In addition
to the economic advantages briefly referred to, there is the fact that Macao,
as member of the World Trade Organization, and as results from the Agreement
on Trade-Related Aspects of Intellectual Property Rights, is bound to introduce
into its legislation the appropriate legal mechanisms to protect the following
industrial property rights: patents, including the protection of new plant species;
industrial designs and models; trademarks, including services marks; geographical
indications, including appellations of origin; and the configuration topography
of integrated circuits.
Current industrial
property legislation in Macao comprises only an independent trademark protection
system, as embodied in Ordinance-Decree N° 56/95/M, of 6 November 1995.
The remaining
rights merely enjoy derived protection that has to be initiate and processed
through the National Institute of Industrial Property of Portugal, in application
of the Industrial Property Code, adopted by Decree-Law N°.16/95, of 24 January
1995 and published in the Official Bulletin N°.36, Séries 1, of 4
September 1995. And men-tion should be made of the lack of protection resulting
from the fact that the said Code does not refer to topographies of semiconductor
products or bio-technological inventions ín the plant domain.
It is therefore
necessary to revise the applicable legislation, not only by "localizing"
the rights system that is protected merely by the extension of the legislation
of the [Portuguese] Republic but also by plugging existing gaps and consequently
ensuring full compliance with the international commitments assumed by the Territory.
This being
so,
Having heeded the Advisory Council;
The Governor hereby decrees, pursuant to Article 13(1) of the Constitution of Macao, that the following be enacted in the Territory of Macao:
Article
1. Adoption of the Industrial Property Code Portuguese
| Chinese
The Industrial Property Code is adopted and published to-gether with the present Statute and forms an integral part thereof
Article
2. Industrial property rights under the previous law Portuguese
| Chinese
1. Industrial property rights granted under the Industrial Property Code, adopted by Decree-Law N°.16/95 of 24 January 1995 for application in Macao, shall remain valid in the Territory from the time the relevant legal obligations have been met and for their full duration, and shall enjoy no greater legal guarantees than those accorded under the Legal System to any equivalent or similar rights bestowed by Macao.
2. When they are not subject to a time limit, the rights referred to in the previous sub-paragraph shall be guaranteed, on the same conditions, until the end of the current period of protection, whereafler the respective renewals shall be effected with the Directorate of Economic Services, hereinafter referred to in short as the DES.
Article
3. Processes stemming from the National Institute of Industrial Property
Portuguese
| Chinese
1. The DES shall take all necessary steps with respect to processes stemming from the National Institute of Industrial Property, once the fees required for the documents in question have been paid.
2. Should it be determined that the fees due have not yet been paid, the steps will be taken only if the applicant makes the respective payment to the DES, after having been notified to that effect.
3. The DES shall officially have notice concerning the forfeiture of rights for failure to pay fees published in the Official Bulletin if such publication has not yet been effected by the National Institute of Industrial Property.
4. Nonpayment of fees owing to the DES within 60 days of the date of the publication referred in the previous paragraph shall result in the forfeiture of the industrial property rights in question.
Article
4. Watch Committee Portuguese
| Chinese
1. The Governor shall appoint a Committee comprising legal experts, entrepreneurs and technical experts to supervise the application of the Code for the first 5 years it is in force.
2. The function of the Watch Committee shall be to receive any petitions aimed at improving the Code and to propose to the Governor any measures it deems convenient to that end
Article
5. Amendments to the Code Portuguese
| Chinese
Future amendments to the subject matter of the Industrial Property Code shall form an integral part thereof and shall be added in an appropriate place in this Code, by substituting the amended articles and making the deletions and additions necessary.
Article
6. Repeal of prior legislation Portuguese
| Chinese
All legislation counter to the provisions and terms of the Industrial Property Code is hereby repealed and, specifically, the following Statutes:
(a) The Industrial Property Code, adopted by Decree-Law N°.16/95, of 24 January, 1995, and published in the Official Bulletin N°.36, Series L of 4 September 1995;
(b) Decree-Law N°.56/95/M, of 6 November 1995;
(c) Administrative Rule N°.306/95/M, of 4 December 1995.
Article 7. Entry into effect Portuguese | Chinese
The present Statute shall enter into effect on the date of publication in
the Official Bulletin of the ruling referred to in Article 37 of the Code.
Adopted on 13 December
1999.
To be published.
The Governor, Vasco Rocha Vieira.
THE
INDUSTRIAL PROPERTY CODE
PART I
GENERAL
PROVISIONS
CHAPTER
I
GENERAL
PROVISIONS
Article 1. Object Portuguese | Chinese
The present Statute shall govern the allocation of industrial property rights to inventions and other creations and the distinctive signs therein referred to and shall, in particular, serve to protect creativity, technological development, fair competition and consumers' interests.
Article
2. Subjective scope Portuguese
| Chinese
1. The present Statute shall apply to:
(a) All individuals holding a Macao Resident's Identity Card;
(b) All bodies corporate registered in Macao and constituted according to the Law of the Territory;
(c) All individuals or bodies corporate, nationals of the countries or territories being members of the World Trade Organization, hereinafter referred to as the WTO, and the International Union for the Protection of Industrial Property, hereinafter referred to as the Union, in accordance with the terms of the Paris Convention of 20 March 1883 and revisions thereof, regardless of place of domicile or establishment, save according to the special provisions as to competence and procedure.
2. Nationals of any countries of the WTO or of the Union who are resident or have an industrial or commercial establishment, in fact and not as a matter of form, in any of the countries or territories of the WTO or of the Union shall be considered nationals of the WTO or of the Union.
Page 2
3. With regard to any other persons not covered by the previous paragraphs, the provisions of international agreements between Macao and the respective countries or territories shall apply and, in the absence of such, the principle of reciprocity shall apply.
4. The existence of reciprocity shall be recognized by ruling of the Governor, to be published in the Official Bulletin, after consultation with the Directorate of the Justice Services.
Article
3. Objective scope Portuguese
| Chinese
Industrial property includes all sectors of economic activity, including agricultural, forestry, livestock and fishing activities, the extracting and processing industries, trade and services, as well as all manufactured or natural prod-ucts.
Article
4. Territorial scope Portuguese
| Chinese
The rights conferred under the terms of the present Statute shall cover the whole Territory.
Article
5. Content of industrial property rights Portuguese
| Chinese
Industrial property rights shall confer on the respective holder full and exclusive enjoyment, use and disposal of the inventions, creations and distinctive signs, within the limits, conditions and restrictions determined by Law.
Article
6. Proof of industrial property rights Portuguese
| Chinese
1. The proof of industrial property rights, referred to in the present Statute, shall be provided by means of the corresponding certificates which shall contain the elements necessary for the perfect identification of the right at issue.
2. Industrial property right certificates issued by international organizations whose effects extend to Macao shall be equivalent to the certificates referred to in the aforegoing paragraph
3. On request, holders of various industrial property rights may obtain:
(a) Certificates whose content is similar to that of the certificate they hold;
(b) Certificates, conferring protection on industrial property rights in the Territory, issued by international organizations and whose effects extend to Macao;
(c) Certificates bearing witness to the filing of applications.
4. The models of the certificates referred to in paragraph 1 above shall be approved by an order of the Governor and be published in the Official Bulletin.
Article 7. Temporary protection for compensation purposes <Portuguese |Chinese
1. Application for the granting of an industrial property right shall provisionally confer on the applicant, as from the date of the respective publication in the Official Bulletin, the protection that would be conferred by the granting of that right, simply for the purpose of calculating any compensation due.
2. The same temporary protection shall also be ensured, even before the date of the publication of the application, in rela-tion to any persons to whom the applicant has disclosed knowledge of the presentation of the application and revealed details of the procedure.
3. No legal decision may be handed down in relation to acts proposed on the basis of the protection provided under the present article until the patent or registration has been finally granted or refused.
Article
8. Jurisdiction Portuguese
| Chinese
The jurisdiction to grant industrial property rights shall lie with the Director of the Department of Economic Services, herein referred to as the Director of the DES.
Article
9. General grounds for refusal Portuguese
| Chinese
1. The following shall constitute grounds for refusing to grant industrial property rights:
(a) The object is not suitable to be protected;
(b) Violation of rules of public order or good morals;
(c) Recognition that the applicant intends to practice unfair competition, or that this is possible irrespective of his intention;
(d) Violation of the rules that define to whom the right belongs;
(e) Failure to submit documents required under the terms of the present Statute or of the respective regulations;
(f) Failure to comply with the procedures or formalities for the granting of the industrial property right;
(g) Failure to pay of the fees due.
2. In the cases provided for in sub-paragraphs (e) to (g) of the previous paragraph, the cases shall not be submitted for decision without firstly notifying the applicant in writing and setting a deadline within which he may rectify the situation.
3. Where circumstances are discovered that could constitute grounds for annulling the requested certificate, instead of refusal it may be decided wholly or partially to grant it should the party concerned so request.
Article 10. Publication of acts and decisions Portuguese | Chinese
1. The Department of Economic Services, herein referred to as the DES, shall ensure the publication in Series II of the Official Bulletin of the following act and decisions:(a) Notice of applications for the various types of industrial property rights;
(b) Notice of complaints, of opposition, or the filing of nullity or cancellation and other suits ;
(c) Notifications of rulings;
(d) Granting and refusal of industrial property rights, including extensions of foreign patents;
(e) Declarations of public offer to exploit inventions, as well as their respective withdrawal or forfeiture;
(f) Renewals and revalidations of industrial property rights;
(g) Assignments of industrial property rights;
(h) Declarations of waiver of industrial property rights;
(i) Applications for declaration of forfeiture of industrial property rights, as well as declarations of forfeiture;
j) Legal decisions handed down in appeal cases or which constitute jurisprudence on industrial property.
2. Publication in the Official Bulletin shall serve directly to notify both parties and, save any provision to the contrary, it shall mark the beginning of the periods for appeals and other purposes.
3. Notwithstanding the provisions of the preceding paragraph, if the parties were notified in writing, the period shall be that set in the written notification and shall, in general, run from the date thereof
4. The parties directly involved, or any other interested parties, may directly apply to the DES to be provided with a statement of the decision on the applications and the relative grounds therefor, even before publication of the corresponding notice in the Official Bulletin.
Article
11. Assignment of industrial property rights - nature and forms Portuguese
| Chinese
1. Save express legal limitation, industrial property rights may be assigned, total or partially, free of charge or for a consideration.
2. Assignment inter vivos shall be effected in writing failing which the assignment shall be null and void.
3. The provision in the previous paragraphs shall apply to rights deriving from applications for the granting of industrial property rights.
Article
12. Contractual licences <
Portuguese | Chinese
1. Save express legal limitation, industrial property rights may, with or without consideration, be licensed for exploitation in whole or part and, when for a limited duration, for all or part of that duration.
2. The provision in the previous paragraph shall apply to rights deriving from industrial property right applications, but a refusal to grant such rights shall imply the forfeiture of the licence.
3. The exploitation contract licence shall be in writing.
Article
13. Privileges and limitations of the licensee Portuguese
|Chinese
1. Save stipulation to the contrary, the licensee shall, for all legal purposes, enjoy the privileges conferred on the title-holder to which the exploitation licence was issued, with the exceptions set forth in the following paragraphs.
2. The exploitation licence shall be deemed non-exclusive.
3. An exclusive exploitation licence shall be understood to be that in which the owner of the industrial property right forswears the right, for the full currency of the licence, to grant any other exploitation licences for the rights to which the licence refers.
4. Unless otherwise stipulated in the respective contract:
(a) The granting of an exclusive exploitation licence shall not preclude the owner from also directly exploiting the industrial property right covered by the licence;
(b) The right obtained through the exploitation licence may not be ceded without the written consent of the industrial property right owner;
(c) No exploitation sub-licences may be granted without the written authorization of the of industrial property right owner.
Article
14. Garnishment, attachment and pledge Portuguese
| Chinese
Save express legal limitation, industrial property rights are subject to garnishment and attachment and they may be given in pledge.
CHAPTER II - PRIORITY
RIGHT
Article
15. Priority claim Portuguese
| Chinese
1. Except for the cases foreseen in the present Statute, industrial property rights shall be granted to the first party to present the application in due and proper form accompanied by all the documents required for that purpose.
2. If the applications be sent by mail, the mail should be sent registered or in some equivalent manner and priority shall be awarded according to the date of registration.
3. In the case of two applications for the same right being simultaneous or having identical priority, the matter shall not be pursued until the applicants have previously solved the question of priority by agreement or through the competent civil court.
4. If the application was not in the first instance accompanied by all the required documents, priority shall be granted from the day and time at which the last missing document is presented
5. If the object of the application is altered in relation to the initial notice published in the Official Bulletin, a new notice will have to be published and the priority of the alteration shall be counted from the date on which that was requested.
Article
16. Priority right Portuguese
| Chinese
1. Anyone having regularly filed an application for the granting of an industrial property right as envisaged in the present Statute, or any similar right, and who has so done in any of the countries or territories members of the WTO or of the Union, or in any intergovernmental organism with Jurisdiction to grant rights the effects of which extend to Macao, or successor of any such person, shall, on filing the application in Macao, enjoy the priority right established in the Paris Convention for the Protection of Industrial Property.
2. Any application., being a regularly filed application; for-mulated pursuant to the terms of the domestic law of any country or territory member of the WTO or of the Union, or of bilateral or multilateral treaties between countries or territories members of the WTO or of the Union shall be recognized as creating a priority right.
3. A regular application shall be understood to be any filing that is adequate to establish the date on which the application was filed in the country or territory concerned, whatever may be the subsequent fate of the application.
4. In consequence of the provision in the previous paragraph, any subsequent filing in Macao, before the expiry of the priority period, shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing or the publication or exploitation of the ob-ject of the filing.
Article
17. First application Portuguese
| Chinese
1. A subsequent application concerning the same subject as a prior first application shall be considered the first ap-plication of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said prior application has been withdrawn, abandoned or refused, without having been laid open to public scrutiny and without leaving any rights outstanding and if, moreover, it has not served as a basis for claiming a priority right.
2. In the case foreseen in the previous paragraph, the prior application may not thereafter serve as a basis for claiming a right of priority.
3. Anyone wishing to take advantage of the priority of a prior filing shall accompany the application filed in Macao by a declaration indicating the date and number of such filing and the country or territory in which it was made.
4. In a case where an application claims several priorities, the period shall be determined from the date of the oldest priority.
Article
18. Proof of priority right Portuguese
| Chinese
1. The DES may request parties claiming the right of pri-ority to file a copy of the first filing, duly certified by the filing authority, as well as certification of the date of filing and, if necessary, a translation into one of the official languages.
2. The requirement referred to in the previous paragraph may be met at any time, but the applicant may meet it within a period of 3 months from the date of the filing.
3. The copy of the application shall be exempt from legalization and may be filed free of charge within the period referred to in the previous paragraph
4. When, for any reason, the right of the initial applicant has passed to a successor, proof shall be required of that succession when filing the patent application or registration in Macao.
5. Failure to comply with the provisions of the present article shall incur forfeiture of the priority right claimed
CHAPTER III - ADMINISTRATIVE
PROCEDURES
Article
19. Entitlement to file Portuguese
| Chinese
Any party having an interest in a legal act shall be entitled to file before the DES.
Article
20. Entitlement to take action Portuguese
| Chinese
1. Legal action may be taken only by:
(a) An individual interested in or owning an industrial property right, or by an agent especially empowered for the purpose by virtue of being established or domiciled in the Territory;
(b) A body corporate interested in or owning an industrial property right and having its registered office in the Territory, through its director, manager or employee duly accredited for the purpose;
(c) An official industrial property agent authorized or accredited in the Territory;
(d) An appointed lawyer.
2. When there is an appointed agent, notices shall be addressed directly to him.
3. If there are more than one appointed agent, and unless otherwise indicated by the applicant or holder of the industrial property right, notices shall be addressed to the last to have been involved in the proceedings in writing or, if this criterion should not be applicable, to any one of them indifferently.
4. In the case of irregularities or omission in the performance of a given act, the representative shall be notified directly and required to comply with the legal conditions demanded within a non-extendible period of 1 month, without loss of the priorities to which he is entitled. Failure to comply shall result in the act being is considered ineffective.
Article
21. Applicant not domiciled, registered or established in the Territory Portuguese
| Chinese
1. When the application for the granting of industrial property rights is submitted or sent by a party not domiciled or registered or established in the Territory, the DES shall notify that party, instructing it to retain an agent within a period of 1 month, pursuant to the terms of the previous article, if it has not already done so.
2. Failure to retain an agent in the set period shall result in refusal of the application.
Article
22. Access to the processes Portuguese
|Chinese
1. Once the process has reached the publication stage, any interested party may request the documents referring thereto as well as photocopies or ordinary copies of drawings, photographs, plans and models filed with the patent application or registration, provided that this does not prejudice third party rights.
2. In any process, the publication stage shall be deemed reached when the application is published in the Official Bulletin.
3. The applicants and their respective agents shall, pursuant to the teams of the previous article, have access to the proceedings before publication of the application, save as determined in the following sub-paragraphs.
4. The DES can, even before the publication of the application, disclose to third parties and render public:
(a) The application number,
(b) The filing date of the application and, if so demanded, the priority right, the priority date, the country or territory in question and the application number on which that right is based;
(c) The name of the individual or body corporate that filed the application;
(d) The title or short title that synthesizes the subject or subjects for which protection is being sought or the purpose it is meant to serve.
5. Access to the proceedings is permitted, even before publication of the application and regardless of whether or not the applicant agrees:
(a) To anyone who proves to be entitled, subject to respecting the request not to disclose the inventor's or creator's name, if this is apparent from the documents attached;
(b) In the course of publication of a divisible application pursuant to the terms of Article 91(6).
Article
23. Printed forms and formal documentary requirements Portuguese
| Chinese
1. Applications for the granting of industrial property rights shall be set out on the appropriate printed forms, according to models to be approved in a ruling by the Governor, to be published in the Official Bulletin.
2. The ruling referred in the previous paragraph can:
(a) Establish the compulsory use of printed forms for other acts or procedures in addition to those provided for in the present Statute; .
(b) Determine the conditions in which the printed forms are substituted when computer procedures are used.
3. The printed forms referred to in the present article are available free of charge from the DES at the offices open to the public.
4. The DES may, by notice published in the Official Bulletin, set formal requirements to be met with respect to the documents and other items to be appended to the applications.
Article
24. Rectification of application Portuguese
| Chinese
1. If, upon initial examination, it appears that the application for the granting of industrial property rights was in-correctly formulated, the applicant shall be notified and required to file it in accordance with the indicated conditions, notwithstanding the provisions of article 120(3).
2. Until the decision to grant or refuse the right is handed down, the applicant also may, of his own initiative, reformulate the application requesting the granting of a right different from that initially requested.
3. Once a refusal has been handed down, the applicant, during the appeal period or, if this is interrupted; until a final decision is reached, may assign the rights deriving from the application, limit the application itself or file any additional documents or declarations.
4. In the case referred to in the previous paragraph, any other interested party may also contribute documents or declarations to the file with a view to a possible court appeal.
5. In the cases foreseen in paragraphs 1 and 2, the application shall be republished in the Official Bulletin, and the applicant shall be accorded the priorities to which he was entitled.
6. Other formal rectifications may be authorized up to the moment of the decision, provided that they are requested with sufficient grounds and are properly published
Article 25. Rectification Portuguese | Chinese
Whenever, before the publication of the notice in the Official Bulletin, the existence of any irregularity or inadequacy is found, the applicant shall be notified thereof so that, within 1 month, he may make the necessary rectifications.
Article
26. Recognition of signatures Portuguese
|Chinese
Signatures on documents not submitted by an appointed lawyer or a person entered in the register of qualified agents shall be legally certified.
Article
27. Notifications Portuguese
| Chinese
1. The DES shall immediately notify parties involved in the process of any complaints, oppositions, interpretations, expiry requests and other procedural items contributed to the proceedings.
2. Notices of complaints, oppositions and expiry requests shall be published in the Official Bulletin for information purposes.
Article
28. Copies of the expositions Portuguese
| Chinese
Any complaints and other similar procedural items shall be accompanied by as many copies containing reproductions of all the documents that accompanied the original, as there are parties involved in the proceedings, as well as an additional copy to be kept on file and subsequently used as a basis for revising the proceedings, should that be necessary.
Article
29. Compilation and return of documents Portuguese
|Chinese
1. The documents shall be appended to the brief in which the facts referred to are alleged.
2. If it can be demonstrated that was is impossible to obtain them in good time, documents submitted after the deadline may still be appended to the proceedings, on the basis of a founded ruling and notification thereof to the opposite part`.
3. Even if submitted in good time, the inclusion of the following will always be refused:
(a) Impertinent or unnecessary documents, including the useless repetition of allegations already produced;
(b) Any documents written in disrespectful or improper terms.
4. The parties or their respective agents shall be notified to remove items refused, that are untimely or for the reasons given in the previous paragraph, within 5 working days, failing which they will be filed and excluded from the proceedings.
Article
30. Inspections Portuguese
|Chinese
1. An interested party may, with clearly stated reasons, request the DES to conduct an inspection of any establishment or other place, in order to support or to explain allegations produced in the process.
2. This request shall not be granted without hearing the other interested party which shall be notified for this purpose within 3 working days from when the DES received the request to conduct the inspection.
3. The cost of the inspection shall be financed by the requesting party.
4. The party that requested the measure may freely renounce it up to the day before it is scheduled.
5. The sums paid shall be returned to the requesting party should it suddenly foreswear or refuse the inspection request.
6. Refusal by any of the parties to a proceeding to co-operate with a request from the DES that they clarify the situation shall be freely appreciated in the decision, not-withstanding the fact that the onus of proof will fall on the counter-party if the requesting party that bears the onus of proof by inspection is thus deprived of the possibility of obtaining that proof..
7. An inspection may also be conducted on the initiative of the DES, whenever this appears indispensable for the proper clarification of the subjects raised in the proceed ings.
Article
31. Unofficial amendment of the decision Portuguese
| Chinese
1. If, before the publication of a ruling, it is recognized that it should be amended, the proceedings shall be referred to a superior ruling, with information on the facts that have come to light and which mitigate in favour of an amendment to the decision handed down.
2. By a superior ruling is understood that issued by the hierarchical superior to the authority that effectively handed down the decision to be amended
Article
32. Alteration of unessential elements Portuguese
|Chinese
1. Any alteration or correction that does not affect the essential and characteristic elements of the patent or the registration may be authorized in the proceedings themselves provided they are well founded and duly published.
2. No request for an amendment or correction as foreseen in the present article can be received if any forfeiture proceedings are pending in relation thereto.
3. The amendments or corrections referred to in paragraph 1 above shall be duly recorded in the respective documents.
Article
33. Documents appended to other proceedings Portuguese
| Chinese
1. With the exception of powers-of-attorney that are always appended to each proceeding even when the applicant is represented by the same agent, the documents filed to provide information on the applications may be appended to just one of the proceedings and just referred to in the others.
2. In the case of appeal, the appellant shall, at his own cost, by means of certified copies, complete the files for all proceedings in which such documents have been mentioned [but not appended].
3. Failure to meet the conditions set in the previous paragraphs shall be mentioned in the official letter referring the proceedings to judgment, the deadline for which cannot be exceeded for that reason.
Article
34. Delivery of the title-deeds Portuguese
| Chinese
1. The industrial property right title-deeds shall be delivered to the interested parties only after the end of the appeal period or, if this is interrupted, after the final court decision is known.
2. The title-deeds shall be delivered to the title-holder or his agent, against receipt.
Article
35. Counting deadlines Portuguese
| Chinese
1. Unless otherwise stipulated, the deadlines set in the present Statute shall be continuous.
2. The maturity of annuity payment, renewal and revalidation deadlines shall be is communicated to the title-holders in advance, merely for the sake of informative.
Article
36. Full restitution Portuguese
| Chinese
1. An applicant or industrial property title-holder that, through no fault of his own and despite all the vigilance demanded by circumstances, has been unable to respect a deadline which could incur the refusal or affect the validity of that right, shall have his rights restored provided that, cumulatively:
(a) He submits a written and duly founded application within 2 months of the date of cessation of the hindrance;
(b) He performs the omitted act within the period referred to in the previous paragraph, and pays the fee due in respect of the said act.
2. The application referred in the previous sub-paragraph is admitted only within a maximum of 1 year from the date of the unobserved deadline.
CHAPTER IV - FEES
1. Fees shall be due for the various acts contemplated in the present Statute as determined by a ruling of the Governor, to be published in the Official Bulletin.
2. Each separate act of issue of an element to complement a requests for the granting of aright shall incur the payment of the fee foreseen for that purpose.
Article
38. Forms of payment Portuguese
| Chinese
1. The payments shall be made in cash, by cheque or pos-tal order together with the applications for the acts provid-ed for in notices to be published by the DES in the Official Bulletin.
2. Except as provided in the previous paragraph, payment of the application transmittal fee may be made within 8 working days of the transmission to the DES.
Article
39. Calculation of periodic fees Portuguese
| Chinese
1. Annual fees relating to patents, the registration of semi-conductor product topographies and the relative five yearly fees for the registration of drawings and models shall be calculated from the dates of the respective applications.
2. Annual fees relating to complementary protection certificates shall be calculated from the day following the expiry of the validity of the respective patent.
3. Periodic fees for all other registrations shall be calculated from the date of the respective granting.
4. Whenever, due to a court decision or the application of transitory provisions, the date of commencement of validity of patents or registrations does not coincide with the date resulting from the application of the previous paragraphs, the respective annual or periodic fees shall be calculated from the date of commencement of validity.
Article
40. Payment period Portuguese
| Chinese
1. Fees in respect of the first two annuities due in respect of patents and registrations of semiconductor product to-pographies and the first five-year payment due for the registration of designs or models shall be deemed included in the application fees, except when article 39(4) applies.
2. Subsequent annual and five-yearly fees shall be paid within the 6 months preceding their respective expiry, even if the rights have still not been granted.
3. The first annual fee relative to complementary protection certificates shall be paid within the last 6 months of validity of the respective patent and the subsequent annual fee shall be paid within the last 6 months preceding their respective expiry.
4. When the period of validity of the complementary protection certificate is less than 6 months, no annual fee need be paid.
5. Fees relative to other registrations not covered by paragraph 1 above shall be paid:
(a) Together with those for the respective title-right after the date of grant up to a maximum period of six months after the date of publication of the grant in the Official Bulletin;
(b). In the final 6 months of respective validity, in the case of fees for the renewal of a registration.
Article
41. Surcharge and revalidation Portuguese
| Chinese
1. The fees mentioned in the previous article may be paid, with a surcharge, up to a maximum of 6 months after expiry of the validity of the right, failing which the industrial property rights shall lapse.
2. The revalidation of any patent or registration that has lapsed due to failure to pay the fees may be requested within 1 year of the date of expiry of validity.
3. The revalidation referred to in the previous paragraph can be authorized only on payment of triple the fee owing and notwithstanding third-party rights.
Article
42 Reduction of fees Portuguese
| Chinese
1. When applicants can prove that they do not have sufficient income to bear such expenses, the fees due in respect of applications for patents and registrations of semiconductor product topographies and models and designs and for the maintenance of such rights may be reduced in accordance with terms to be set by a ruling of the Governor, to be published in the Official Bulletin.
2. The ruling referred in the previous paragraph shall also set the periods for which such fee exemptions or reductions shall apply to patent applicants or holders who have called for public tenders for exploitation of the invention.
Article
43. Refunding of fees Portuguese
| Chinese
1. The fees referred to in the previous articles shall not be refunded to the parties except when it can be proven that they were improperly paid
2. The refund referred in the final part of the previous sub-paragraph shall be determined by a riling of the Director of the DES, on the request of the interested party.
Article
44. Suspension of payment of fees Portuguese
| Chinese
1. If legal action concerning any industrial property right is pending or if seizure or attachment could be declared in re-spect thereof, the said right shall not be declared forfeit for default in the payment of periodic fees that may have fallen due.
2. Once any of the decisions referred in the previous paragraph have become res judicata, the DES shall have the fact published in the Official Bulletin and all fees owing shall fall due for payment without any surcharge within 1 year of the date of publication.
3. If on expiry of the deadline set in the previous sub-paragraph, the outstanding fees have not been paid the respective industrial property right shall lapse.
4. As soon as the legal action has ended or the seizure or attachment has been lifted, the court registrar shall ex officio or at the request of the party, officially inform the DES for the purpose provided in paragraph 2 above.
Article
45. Rights belonging to the Territory Portuguese
| Chinese
Industrial property rights belonging to the Territory shall be subject to the formalities and duties stipulated in respect of an application, the grant and the respective re-newals and revalidations thereof, when exploited or used by companies of any kind.
Article
46. Use of the fees Portuguese
| Chinese
Of the fees collected under the terms of the present Statute, 40% shall constitute revenue of the Territory, and 60% shall go to the Industrial Development and Marketing Fund.
CHAPTER V- EXTINCTION
OF INDUSTRIAL PROPERTY RIGHTS
Article
47. General causes of nullity
Portuguese | Chinese
Industrial property rights shall be total or partially null and void when:
(a) The subject matter cannot be protected;
(b) The subject matter violates the rules of public order or of good mores;
(c) The procedures or formalities essential for the granting of the industrial property right were not performed.
Article
48. General causes of annulment Portuguese
|Chinese
1. The industrial property rights shall be total or partially annulled if they violate the provisions that define to whom the industrial property right belongs and, in general, if their granting infringes the rights of third parties based on priority or other legal title.
2. If the legal conditions are met, the interested party may, instead of annulment, request the total or partial reversion of the title to him.
3. Unless otherwise provided, annulment suits should be filed before the General Court (Tribunal de Competência Genérica) within 1 year of the appellant learning of the fact on which the suit is based
4. The right to request the annulment of a title obtained in bad faith shall not be subject to the statute of limitations.
Article
49. Procedure for a declaration of nullity or annulment Portuguese
| Chinese
1. A declaration of nullity or annulment can result only from a court decision.
2. Action shall be taken by the Public Prosecution Service or by any interested party against the registered title-holder and notice shall also be served on anyone who, on the date of the publication of the notice of action, has applied to the DES to register rights derived therefrom.
3. The Court Registrar shall inform the DES that a suit has been filed and when the case will be heard, sending it a typewritten copy or a copy on a medium deemed appropriate for the purpose of the present Statute.
Article
50. Effects of the declaration of nullity or annulment Portuguese
| Chinese
The declaration of nullity shall not prejudice effects arising from the fulfillment of commitments, court decisions in res judicata or transactions, even if they have not been ratified, or as a result of other similar acts.
Article
51. General causes of forfeiture Portuguese
| Chinese
1. Industrial property rights shall be forfeited:
(a) on expiry of the period of validity;
(b) in default of payment of fees;
(c) if waived by the title-holder.
2. The causes of forfeiture envisaged in sub-paragraphs (a) and (b) above shall apply automatically regardless of publication.
3. The general cause of forfeiture envisaged in sub-paragraph (c) above and the other specific causes of forfeiture envisaged in the present Statute shall not take effect automatically but may be invoked by any interested party in court or out.
4. Any interested party may also require the registration of forfeiture for reasons that apply automatically, if that has not been done.
Article
52. Applications for a declaration of forfeiture Portuguese
|Chinese
1. Applications for declarations of forfeiture shall be submitted to the DES.
2. Save in cases where the title-holder waives the right, the title holder shall be notified of the application for a declara-tion of forfeiture in order to have the opportunity, if so desired, to respond within 2 months.
3. On the request of the interested party, presented in good time, the period referred to in the previous paragraph may be extended by 1 additional month.
4. Further extensions for like periods can be granted only if no express opposition is raised by the other part, and if justi-fied by cogent reasons.
5. Once the response period has elapsed, the DES shall, within 1 month, decide on the declaration of forfeiture of the patent or registration.