Legal framework overview

Macao’s IP legislation is centred on the Industrial Property Code and includes, among others:

• Industrial Property Code (Decreto-Lei n.º 97/99/M);

• Copyright and Related Rights Law (Decreto-Lei n.º 43/99/M);

• Legal Regime for the Protection of Computer Programs (Decreto-Lei n.º 94/99/M);

• Regulations on unfair competition and protection of trade secrets.

Competent authority:

• Intellectual Property Department (DSPI) under the Economic and Technological Development Bureau (DSEDT).

Macao is not a member of WIPO, but its IP regime is broadly aligned with the Paris Convention and the TRIPS Agreement.
Since 2000, Macao has operated a complete patent re-registration system, allowing recognition and registration of patents already granted by the China National Intellectual Property Administration (CNIPA) in Macao.

International cooperation and alignment

• Patent re-registration mechanism established with CNIPA for recognising Mainland China patents in Macao;

• Maintains IP exchanges and cooperation with Portugal and other Portuguese-speaking countries and regions (CPLP framework);

• Aligned with standards under the Paris Convention and TRIPS;

• Has an independent IP appeal and review mechanism to handle oppositions, appeals and review cases.

Trade mark system

Filing routes

• National trade mark applications are filed directly with the Macao Intellectual Property Department (DSPI);

• Macao is not currently designated under the Madrid System (Madrid Protocol); protection must be sought via national filing in Macao.

Classification

• Uses the Nice Classification;

• Allows single-class or multi-class applications.

Examination procedure

• Formal examination: approximately 1–2 months;

• Substantive examination: approximately 8–12 months;

• Opposition period: within 2 months from the publication date, third parties may file oppositions.

Use and renewal

• Initial registration term: 7 years from the registration date, renewable indefinitely in further 7-year periods;

• Non-use for 3 consecutive years may result in cancellation.

Examination features

• Examination languages: Chinese or Portuguese;

• Substantive examination focuses on distinctiveness and conflicts with prior rights;

• Registrable marks include word marks, figurative marks, three-dimensional marks, sound marks, combined marks and colour marks;

• Applications, renewals and oppositions can be filed via the DSPI online system.

Patent system

Types and terms of protection

Macao operates both a re-registration system and a local patent system in parallel:

• Invention patent: protection for 20 years from the filing date;

• Utility model patent: protection for 10 years from the filing date.

Examination mechanism

• Re-registration system: allows registration in Macao of patents already granted by the China National Intellectual Property Administration (CNIPA);

• Local patent system: patents are examined by DSPI, including both formal and substantive examination for inventions, and the applicable procedures for utility models.

International routes

• Macao is not a PCT member, but protection can be extended to Macao through the CNIPA patent extension and re-registration mechanism;

• Foreign applicants usually act through local Macao representatives to handle re-registration and local filings.

System features

• Permits parallel filing of invention and utility model patents (dual-route protection);

• Re-registration requests must generally be filed within 6 months from the date of grant of the corresponding China patent;

• Examination languages: Chinese or Portuguese;

• The official database provides online patent search functionality.

Design protection

Legal basis

• Designs are protected under the Industrial Property Code (Decreto-Lei n.º 97/99/M).

Scope of protection

• The shape, lines, patterns, colours and ornamentation of a product;

• Applicable to both industrial and handicraft products.

Term of protection

• Up to 25 years from the filing date, divided into successive 5-year renewal periods.

Examination procedure

• Examination period is typically around 6–9 months;

• Formal examination only; novelty is not examined substantively;

• Examination languages: Chinese or Portuguese.

System features

• Single registration is effective throughout the Macao SAR;

• Multiple-design applications are permitted, subject to the applicable conditions;

• Designs can be combined with trade marks to enhance product distinctiveness and brand image;

• Design applications must include drawings or photographs, perspective views and accompanying descriptions.