IPR in Macao for SMEs: Background

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SMEs are business es which have fewer than 250 employee s and turnover of

less than EUR 50 million or balance sheet total of less than EUR 43 million.

SMEs represent 99% of all enterprises in the EU, and account for about

70% of jobs. Their exibility and growth potential 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

Intellectual Property Rights for SMEs: Why is this RELEVANT to you?

Intellectual Property (IP), as intangible assets, are a key factor in the

competitiven ess of your business in the global econ omy. IP is a primary method

for securing a return on investment in innovation and is particularly relevant

to Small and Medium-sized Enterprises (SMEs), as they internationalise their

business to areas such as Macao. Although SMEs oen have limited time 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 attracting investors.

Intellectual Property Rights (IPR) infringement is one of the most common

concerns for business es when dealing with count ries across Asia, and its i mpact

on your company could be substantial. It can lead to loss of business, revenue,

reputation and competitive advantage, which aects SMEs both abroad and in

their core domestic markets, and the inadequate protection of inventions and

creations can jeo pardise prospects for maint aining a competitive advant age.

How does Macao’s IP legal framework compare to INTERNATIONAL

STANDARDS?

Macao law protects the various forms of Intellectual Property and complies

with the standards set in the main international conventions. Macao was a

founding member of the World Trade Organisation (WTO) and, besides the

Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement,

abides by the followin g treaties: Berne Convent ion for Protection of Literar y and

Artistic Work s, Paris Convention for the Protection of Industrial Property, World

Intellectu al Property Organisat ion (WIPO) Copyright Treaty, WIPO Per formances

and Phonograms Treaty, Universal Copyright Convention and Nice Agreement

on the International Classication of Products 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.

IP TIPS and WATCH-OUTS

in Macao

●Macao is a Special Administrative

Region of the People’s Republic

of China. It enjoys a high degree

of autonomy, including its own

Court of Final Appeal, and it has a

separate IP system.

●Registering your patents or trade

marks in China doesn’t give you

protectio n in Macao, and vice-versa.

●It is not possible to apply for

the registration of a patent or a

trade mark in Macao through the

existing channels for international

registration – you must le your

application locally.

●Nationals of countries that are

members to the WTO, to the

Berne Convention or to the Paris

Convention are ac corded the same

protection as Macao residents.

●The appointment of a local

attorney is mandatory for

registration applicants that are

not based in Macao.

●More information on Intellectual

Property in Macao, as well

as downloadable forms, are

available in English, Portuguese

and Chinese at the Intellectual

Property Department of Macao

Economic Bureau website: https://

www.economia.gov.mo/en_US/

web/public/pg_ip?_refresh=true

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