Protection of Intellectual Property Rights
The Article 291, f) of the Industrial Property Legal Regime determines that those that, without consent, use a third party registered trademark in their products, services, establishment or company can face imprisonment up to 3 years or a fine equivalent to 90 to 180 days of fine (the judge awards an amount to the day and then determines the number of days as punishment).
Under the terms of Law no. 11/2001, Macao Custom Services being an entity of enforcement of the law in the scope of protection of the intellectual property rights, it is incumbent: to supervise the processes of manufacture of articles produced in the Macao, the exercise of commercial and industrial activity and commercial and industrial establishments; Apply sanctions in accordance with legislation on the protection of IPRs.
In order to register with the Customs Services, the holder of the Intellectual Property Rights should write a letter to the General Director of the Customs Services, stating that he wants them to provide protection for their IPR and to indicate that their products are provided and/or imported to Macao through certain companies.
Information to be included in the letter:
- Name of IPR holder;
- If represented by a legal representative, provide his data;
- IPR number - List of Macau trademark numbers;
- List of type of products sold in Macao;
- Authorised logistics company/importer;
- List of stores;
- If it is impossible for the IPR holder to be present in Macao, must be provided the data of the legal representative - name, address, phone and email.