Geographical Indications Law in Macau
Here’s an overview of Geographical Indications (GI) law in Macau (Macao SAR):
🇲🇴 Geographical Indications Law in Macau
1. Legal Framework
Macau, as a Special Administrative Region (SAR) of China, has its own legal system separate from mainland China.
GI protection in Macau is governed by:
Macau’s Industrial Property Code (Decree-Law No. 57/99/M)
Trademark Law provisions that allow protection of GIs through certification marks or collective marks.
Macau does not yet have a sui generis, dedicated GI law.
Protection of GIs mainly occurs via trademark-type protections.
2. How Geographical Indications Are Protected
In Macau, GIs are primarily protected through:
Certification marks or
Collective marks
Applicants can apply for trademark registration with GI characteristics before the Macau Economic Bureau - IP Office.
3. Registration Process
Application is filed with the Macau Economic Bureau - Intellectual Property Office.
The applicant must prove:
The link between the product and the geographical area
The product’s quality or reputation linked to the origin
If the mark is accepted, the certification or collective mark is registered, offering protection against unauthorized use.
4. Duration and Renewal
Trademark protections, including certification or collective marks, generally last for 10 years, renewable indefinitely.
5. Enforcement
Enforcement is through trademark infringement actions under Macau law.
Right holders may seek civil remedies, injunctions, and damages.
Customs authorities may assist with controlling counterfeit or infringing goods.
6. International Context
Macau is not a member of WIPO or ARIPO but can benefit from intellectual property cooperation through China.
Mainland China has a separate, more advanced GI protection system, including a sui generis GI system under Chinese law.
Some Macau producers may seek GI protection via mainland China or international trademarks.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Macau Industrial Property Code (Decree-Law No. 57/99/M) |
| Protection Mechanism | Certification marks, collective marks |
| Registration Authority | Macau Economic Bureau – IP Office |
| Protection Duration | 10 years, renewable |
| Enforcement | Trademark infringement actions, civil remedies |
| Sui Generis GI Law | No dedicated GI law currently |
| International Treaties | Limited; Macau not a WIPO member |
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