Industrial Designs Law in Macau
Here’s a summary of Industrial Designs Law in Macau — an autonomous region with its own legal system distinct from Mainland China:
🔹 Legal Framework
Law on Industrial Property (Decree-Law No. 32/93/M)
Macau’s primary law governing industrial designs is Decree-Law No. 32/93/M, enacted in 1993.
This law covers industrial property rights, including patents, trademarks, and industrial designs.
Administered by the Economic Services Bureau (Direcção dos Serviços de Economia - DSE).
No separate specific industrial design law, but designs are protected under this industrial property framework.
Macau is not a member of the Hague Agreement for international registration of designs.
🔹 What Can Be Protected
Industrial designs protect the appearance of a product, specifically its shape, configuration, patterns, or ornamentation.
Must be new and have individual character.
Designs dictated solely by technical function are not protected.
🔹 Registration Process
Application
Submit to the Economic Services Bureau.
Includes a request form, images/drawings of the design, and payment of fees.
Examination
Mainly formal examination (checking documents, fees).
No substantive examination of novelty or originality.
Duration
Initial protection is for 5 years from the filing date.
Renewable for two additional periods of 5 years each.
Maximum total duration: 15 years.
🔹 Rights Conferred
Exclusive right to use, manufacture, sell, or license the design.
Right to prevent unauthorized third parties from using or copying the design.
🔹 Enforcement
The design holder may bring civil action in Macau courts for infringement.
Remedies include injunctions, damages, and destruction of infringing goods.
🔹 Other Notes
Macau’s industrial design law is inspired by Portuguese law due to historical ties.
Because Macau is not part of the EU or Hague Agreement, protection must be sought directly through Macau’s office for designs to be protected locally.
🔹 Useful Resources
Macau Economic Services Bureau (DSE
Decree-Law No. 32/93/M (Portuguese text): Available on Macau’s official legal databases
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