Pursuant to the provisions of article 10 of Law Nº 9/99 of 20 December 1999, the following Courts of First Instance operate in Macau, China: Judicial Generic Court and Audit Tribunal and Court of Appeal – Courts of Second Instance and Last Instance.
Pursuant to article 20 of Decree-Law Nº 97/99/M of 13 December 1999, the right to file a suit in local courts assists any person who has a legitimate interest to uphold. Where intellectual property rights are concerned, in particular, article 197 of Decree-Law Nº 43/99/M of 16 August 1999 foresees representation before local courts of proxies of right holders.
Judicial authorities are empowered to request all and any evidence necessary to be produced. Moreover, administrative authorities are also empowered to inspect, seize and order forfeiture of goods in Macau, China.
Confidentiality of information brought forward is foreseen and enforced by the “Confidentiality Clause” under the provisions of article 76 of Decree-Law Nº 48/96/M of 2 September 1996.
The protection and remedies conferred to intellectual property right owners are provided for and guaranteed under the Legal System Governing Industrial Property enacted by Decree-Law Nº 97/99/M of 13 December 1999, namely articles 299 through 314. Where copyright is concerned, protection is provided for under articles 201 to 209 and 215 to 219 of Decree-Law Nº 43/99/M of 16 August 1999. Finally, liability and penalties for activities involving illicit copying of computer programs, phonograms and videograms (including commercialization thereof) is described and ruled by articles 28 to 46 of Decree-Law Nº 51/99/M of 27 September 1999.
Pursuant to the provisions of article 340 of the Penal Proceedings Code (PPC) in force approved under the auspices of Decree-Law Nº 48/96/M of September 1996, judicial authorities are empowered to take into consideration supervening facts or circumstances.
Public servants and officers, while discharging their duties, are exclusively acting in public interest and required to carry out their duties in an honourable manner, as stipulated in the Code of Practice of the Macau Civil Servants (CPMCS), whose obligations are provided for, namely, in its article 279 paragraph 2 (the CPMCS was enacted by Decree-Law Nº 62/98/M of 28 December 1998 and re-published under Governor’s Decision Nº 42/GM/99 of 22 March 1999). Any infringement to those "obligations" shall be liable to disciplinary action foreseen and punished by article 280 and following of the said Code.
All relevant bodies of the Public Administration must discharge their duties pursuant to the principles legally stipulated, one of them being the duty to abide by the "Principle of the (Legal) Decision", as provided for in article 9 of the Administrative Proceedings Code, enforced by Decree-Law Nº 35/94/M of 18 July 1994. Failure to, within the deadline stipulated for a final decision to be made, issue such decision on an application submitted to the relevant administrative body, entitles the interested party, unless otherwise stipulated, to infer that such application has not been authorized, upon which the latter may exercise his right to contest (the deadline thereto is of sixty days – please refer to article 96).
Please refer to the answer to question 5 above.
[Answer 5: The protection and remedies conferred to intellectual property right owners are provided for and guaranteed under the Legal System Governing Industrial Property enacted by Decree-Law Nº 97/99/M of 13 December 1999, namely articles 299 through 314. Where copyright is concerned, protection is provided for under articles 201 to 209 and 215 to 219 of Decree-Law Nº 43/99/M of 16 August 1999. Finally, liability and penalties for activities involving illicit copying of computer programs, phonograms and videograms (including commercialization thereof) is described and ruled by articles 28 to 46 of Decree-Law Nº 51/99/M of 27 September 1999.]
The means and provisions available for protection of the legitimate interests of the defendant are provided for in article 163 of the PPC through the “seizure of goods” which, other than the other legal dispositions applicable as referred to in the answer to question 5 above, may be authorized, ordered or validated by decision of the relevant judicial authority.
The duration of criminal proceedings is foreseen in article 224 and following of the PPC, it being important to note that such duration may vary depending on various circumstances that might occur in the course of the relevant proceedings.
Pursuant to the provisions of article 47 and following of Decree-Law Nº 66/95/M of 21 December 1995 the Macau Marine Police and Customs (MMPC) and the Macau Economic Services (MES) are the bodies responsible for seizing, as a precautionary measure, all goods that are presumed to be infringing rules and regulations in force, namely products suspected of being counterfeit or in any way violating intellectual property rights (please refer to specific legislation enacted for this purpose under Decree-Law Nº 51/99/M of 27 September 1999).
Goods object of seizure as referred to above, may be released against payment of a bond or bank guarantee in the same amount as the value of the relevant goods and objects (article 47 of Decree-Law Nº 66/95/M of 21 December 1995).
The deadline for the administrative proceedings is foreseen in article 58 of the Administrative Proceedings Code (APC), approved by Decree-Law Nº 35/94/M of 18 July 1994.
Pursuant to the provisions of article 51 of Decree-Law Nº 66/95/M of 18 December 1995, whenever an authority or officer thereof witnesses any infringement to the stipulations of the Decree in question, he must launch an investigation, or order it to be launched, which is subsequently forwarded to the MES. Whenever the suspicion arises that a crime is involved, such investigation shall only be forwarded to the Office of the Public Prosecutor, within the following five days. On the other hand, article 26 of Decree-Law Nº 16/97/M of 12 May 1997 stipulates that, where verification of economic-related legislation is concerned, particularly in matters of intellectual property, the officers of the Inspection of Economic Activities Department (under the MES) are considered as criminal police agents. Any penal proceedings acts and deeds are delegated by the relevant judiciary authority on the inspectors appointed for that purpose.
Please refer to the answer to question 12 above.
[Answer 12: The means and provisions available for protection of the legitimate interests of the defendant are provided for in article 163 of the PPC through the “seizure of goods” which, other than the other legal dispositions applicable as referred to in the answer to question 5 above, may be authorized, ordered or validated by decision of the relevant judicial authority.]
Please refer to the answer to question 1 above.
[Answer 1: Pursuant to the provisions of article 10 of Law Nº 9/99 of 20 December 1999, the following Courts of First Instance operate in Macau, China: Judicial Generic Court and Audit Tribunal and Court of Appeal – Courts of Second Instance and Last Instance.]
Infringements considered to be a crime against intellectual property rights are foreseen in articles 289 to 294 of Decree-Law Nº 97/99/M of 13 December 1999. With regard to copyright, the same are listed in articles 209 to 214.
The MES (ant its Inspection of Economic Activities Department) and all criminal police bodies (Judiciary Police, Public Security Police and the MMCP).
Pursuant to the provisions of articles 209 and 210 of Decree-Law Nº 43/99/M of 16 August 1999, it is up to the interested/injured party or on the basis of a complaint.
Pursuant to all legal dispositions quoted above, all infringements to intellectual property rights are liable to administrative and penal sanctions: administrative fines, seizures as precautionary measure, forfeiture and destruction of products, fines and prison sentences. Offenders may also see sentences recorded in their criminal records.
Pursuant to the stipulations of the "Principle of Independence of Powers", it is incumbent on the courts and the Office of the Public Prosecutor to decide on the duration of proceedings of criminal and civil cases, the length of which is regulated in the relevant Codes and special laws. Schedules of proceedings costs are available to the general public, as well as their periodic revision.
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