IPR in Macao for SMEs: Background

SMEs are business es which have fewer than 250 employee s and turnover of
less than EUR 5 0 million or balance sh eet total of less t han EUR 43 million.
SMEs represe nt 99% of all ent erprises in th e EU, and account for ab out
70% of jobs. Their e xibility and gr owth potent ial is seen as a major motor
of future innovat ion and job creation, which is pivota l for the prosperity and
economic compet itiveness of Europe as a whole.
2. IPR in Macao for SMEs: BACKGROUND
Intellect ual Proper ty Rights for S MEs: Why is th is RELE VANT to you?
Intellectu al Propert y (IP), as intan gible assets, a re a key factor in the
competitiven ess of your business in the global econ omy. IP is a primary method
for securing a retur n on investme nt in innovation an d is particul arly relevant
to Small and Medi um-sized Enter prises (SMEs), as t hey internation alise their
business to ar eas such as Macao. A lthough SM Es oen have limited ti me and
resources, it is imp ortant to be aware of how I P can be valuable to your busine ss.
Not only a way to help you prot ect your innovations from comp etitors, IP assets
can also be an important source of cash-ow for SMEs through licensing deals
or sale of IP rights, as well as a signicant pull-factor when attractin g investors.
Intellectu al Propert y Rights (IPR ) infringement is one of t he most common
concerns for business es when dealing with count ries across Asia, and its i mpact
on your company coul d be substant ial. It can lead t o loss of business, reven ue,
reputation and competitive advantage, which aects SMEs both abroad and in
their core domest ic markets, an d the inadequa te protect ion of inventions an d
creations can jeo pardise prospects for maint aining a competitive advant age.
How does Macao’s IP leg al framework compa re to INTE RNATION AL
Macao law protec ts the var ious forms of Intellec tual Proper ty and comp lies
with the sta ndards set in th e main internatio nal conventions . Macao was a
founding member of t he World Trade Organisation ( WTO) and, besid es the
Trade-Related asp ects of Int ellectual Pr operty Rig hts (TR IPS) Agreemen t,
abides by the followin g treaties: Berne Convent ion for Protection of Literar y and
Artistic Work s, Paris Convention for the Protec tion of Industr ial Propert y, World
Intellectu al Property Organisat ion (WIPO) Copyright Treaty, WIPO Per formances
and Phonogra ms Treaty, Universal Copyrig ht Convention a nd Nice Agreement
on the International Cla ssication of Produc ts and Services .
As a Special Administrative Region of the People’s Republic of China,
Macao has a high degree of autonomy and will retain its own legal
system until 2047.
in Macao
Macao is a Special Ad ministrative
Region of the Peop le’s Republic
of China. It enjoys a hig h degree
of autonomy, includin g its own
Court of Final A ppeal, and i t has a
separate IP system.
Registering your p atents or tra de
marks in China d oesn’t give you
protectio n in Macao, and vice-versa.
It is not possible to app ly for
the registrat ion of a patent or a
trade mark in Mac ao through t he
existing chan nels for internat ional
registration – you must le your
application locally.
Nationals of coun tries that are
members to th e WTO, to the
Berne Convent ion or to the Paris
Convention are ac corded the same
protectio n as Macao residen ts.
The appoint ment of a local
attorney is man datory for
registration a pplicant s that are
not based in Macao .
More information on I ntellectua l
Propert y in Macao, as well
as downloadabl e forms, are
available in English , Portugue se
and Chinese at t he Intellect ual
Propert y Departme nt of Macao
Economic Bureau web site: http s://

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