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- Is unregistered trademark usable?
A:Under the current legislation of Macao SAR, the trademark owner is not required to register his mark before using it on his goods or services. However, the owner of unregistered trademark will not possess the exclusive right to use the mark and as well as the right to prohibit others from using it.
- What is protected under a registered trademark?
A: A trademark owner with either a registered or an unregistered trademark may protect the mark under “Action of Unfair Competition” of the “Commercial Code”. An “Action of Unfair Competition” requires proof that the owner enjoyed prior reputation and damage inflicted on to his mark.
However, the registration of a trademark under the “Industrial Property Code” gives an owner the rights to prevent third parties from using his mark, or a deceptively similar mark, without the owner’s consent for the products or services for which it is registered. He may also prevent other persons from using the mark in relation to products or services for which his mark is registered or in relation to similar products or services.
Registration therefore gives a right of ownership that is easier to establish than under the “Commercial Code”.
- How long does it take for the whole process of trademark registration to be completed?
A: Trademark registration usually takes about six months, on the condition that all requirements are met and there is no opposition from third parties.
- Is advertisement considered as use of trademark?
A: Yes. Advertisement helps consumers to relate goods with specified trademarks or manufacturers through the quality and image of the goods.
- What happens to the ownership of a trademark when the owner dies?
A: When the owner of a trademark dies, the ownership can be transferred to a successor, subject to the execution of relevant procedures.
- How to represent the colors of a trademark upon application of the registration?
A: The applicant can express the colors by writing a description of the colors on the application form, since publication in the Official Gazette of Macao SAR is printed in black and white.
- What are the benefits of pre-application search?
A: Trademark search can serve to provide information on trademarks registered in the Macao SAR. This helps to find out if there are any marks in the trademark register that are similar to the one intended to be applied for registration. Therefore, using trademark search appropriately can minimize the refusal of trademark registration.
Starting from 1 February 2005, the public can use trademark search in the website of the Macao Economic Services. It is a convenient service and shortens the time needed for trademark registration.
- If the text of a combination trademark is partially the same as the text of a registered text trademark, can the combination trademark be registered?
A: Regarding a trademark formed by texts and figures, the examined aspects include the overall image of the mark and its major parts. The major parts include pronunciation of texts, meanings, layout, quantity of text, arrangement, distinctive parts of the texts and figures, etc.
Therefore, registration of this trademark depends on the actual conditions of each case. However, the object is to prevent consumers from being confused by trademarks available in the market.
- For which words, signs or symbols that trademark’s owners do not possess the exclusive right to use?
A: If a trademark consists of elements that express the type, quality, function, geographic indications or value of the goods or the services, or commonly used language, or signs or symbols that are widely used in business sector, the signs or symbols in his mark will not be solely used by the registered trademark’s owner, which means the applicant does not possess the exclusive right to use them.
Example: If applicant files an application with “XX Bank” or “XX Cake Shop”, the trademark applicant will not possess the exclusive right to use the words “Bank” and “Cake Shop”.
- Is trademark protected outside the Macao SAR?
A: The Macao SAR’s trademark registration system is territorial. Trademarks granted in the Macao SAR will only get protection locally. If protection is required in other countries, it will be necessary to make separate applications in those other countries.
- Is a Mainland registered trademark effective in the Macao SAR?
A: Since the Macao SAR’s trademark registration system is territorial, only the trademarks registered in the Macao SAR can be protected locally. A new application of trademark registration is required in order to obtain protection in the Macao SAR.
- How to classify my goods and services?
A: Applicants can refer to the “Nice Classification” issued by the World Intellectual Property Organization to classify the goods and services for their trademarks.
For details, please refer to the website:
http://www.imprensa.macau.gov.mo/bo/ii/2006/20/aviso23.asp#23
- How can I apply for a trademark used in several classes of goods or services?
A: According to article 204 of the “Industrial Property Code” , applicants can only request one class per each trademark application. Therefore, applicants need to submit several applications separately in order to register a trademark for several classes. For example, a person plans to register a trademark for clothes and a beauty center, he needs to submit two separate applications.
- Do I need to submit a “Power of Attorney” for application of trademark registration?
A: For those who do not hold valid Macao SAR Resident Identity Card, or are not a body corporate registered in the Macao SAR, they can appoint one of the following entities as their proxy, and submit the relevant “Power of Attorney”:
。A lawyer registered with the Macao Lawyers Association;
。An individual who is a Macao SAR resident;
。A body corporate registered in the Macao SAR.
If the “Power of Attorney” is not written in Chinese or Portuguese, a translated copy is required for additional submission.
- What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
A: For “Power of Attorney”, stamp-duty in the amount of MOP 25 and MOP 5 are required to be affixed onto the first page and each subsequent page respectively. For the translated version, stamp-duty in the amount of MOP 15 and MOP 5 are required to be affixed onto the first page and each subsequent page.
- How to complete and submit an application for trademark registration?
A: The applicant must complete the “商標註冊申請書 / Pedido de Registo de Marca” form (Trademark Registration Application Form). Also, the application shall be accompanied by the following documents if appropriate, which include: Power of Attorney, documents proving the priority right claimed, any other documents for substantiation and relevant translations in Chinese or Portuguese. Then, the application forms, along with the supporting documents, should be submitted to the Intellectual Property Department of the Macao Economic Services.
- Can I request to extend the deadline of the payment of the application fees?
A: The relevant fees must be paid within 8 working days after the application was handed in. Since the payment date is considered as the actual filing date, the deadline cannot be extended.
- How to alter the information of an application that has been filed?
A: The applicant should submit a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form) with the relevant supporting documents and fees in respect of the request for the alteration.
- How to find publications regarding trademark registration?
A: The industrial property protection notices posted on the Official Gazette of Macao SAR are available in the Internet. Please refer to “Official Gazette – Registration of Trademarks” in the website of Government Printing Bureau.
The website is http://www.imprensa.macau.gov.mo/en/
- How to oppose a filed application for trademark registration?
A: Any person may file an opposition to the registration at the Intellectual Property Department during a two months period after the publication of the application in the Official Gazette of Macao SAR.
- How to transfer the ownership of a trademark?
A: The applicant or owner may complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by documents that verify the transfer, and the original “Trademark Registration Certificate” (for those who have their trademarks registration granted), and submit the application to the Intellectual Property Department with the relevant application fees.
- How to update the name / address of a company for which an application has been filed?
A: The name / address of a company can be altered by submitting a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form).
- How to renew the registration of a trademark?
A: A trademark, when registered, is valid for 7 years counting from the date of the respective granting. It may be renewed indefinitely, and each renewal will extend the trademark’s validity for another 7 years.
Within the final 6 months of the registration validity, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by the original “Trademark Registration Certificate”, and submit the application to the Intellectual Property Department with the renewal fees.
If the registration has been expired for 6 months or less, the applicant should perform the above procedure for renewal with an additional administration fee. If the registration has been expired for more than 6 months, the applicant will need to apply for the registration again.
- What can I do if my application for trademark registration is rejected?
A: The decision of approval or refusal of a trademark registration is published in the Official Gazette of the Macao SAR. According to item a) of article 275 of the “Industrial Property Code” , the appeal against that decision should be lodged with the Court of First Instance. Moreover, it should be lodged within 1 month of the date of publication thereof in the Official Gazette of Macao SAR, according to article 277 of the Code.
- What are the differences between invention patent, utility patent and industrial model & design?
A: Invention patents and utility patents focus on the improvement of the function, technology adopted, manufacturing technique, users’ convenience, etc. of a product. However, the technical level of a utility patent is lower than that for invention patent.
Industrial model & design refers to the protection of shape, pattern, color or their combinations applied on a new design of a product, which is aesthetic and capable of being applied on a industrial scale.
Therefore, industrial model & design are obviously different from the invention and utility patents, especially because the former focus on aestheticism and art in the design that can increase the competitiveness of a product in the market.
- How to calculate the durations of protection of registered invention patent, utility patent and industrial model & design?
A: For registered invention patents (or applied by extension), the duration of protection is 20 years, counting from the date of application (or the date of application in China).
For registered utility patents, the duration of protection is 10 years, counting from the date of application.
For registered industrial models & designs, the duration of protection is 25 years, counting from the date of application.
- What kind of technologies can only be applied for invention patents, but not utility patents?
A: The targets of protection of invention and utility patents are different. In comparative terms, the target scope of protection of invention patents is wider than that for utility patents: methods, substance (no specific form), biomaterials and the application thereof only apply for invention patents. Products (with a specific form) can apply for invention patents and/or utility patents. If a person applies both types of patents at the same time, only an invention patent or a utility patent will be granted.
- Why does discovery not classify as invention patent?
A: Discovery does not comply with the definition of invention or creation because it does not contain creative elements. Examples include the discovery of a substance, phenomenon, conversion process, property and rule. Therefore, a patent will not be granted for a discovery.
- Is the principle / mathematical method of “Law of Conservation of Energy” eligible for patent grant?
A: The process of invention uses the laws of nature, scientific principles or technical means to solve technical problems. However, laws of nature and scientific principles, such as “Law of Conservation of Energy” and “Law of universal gravitation”, cannot solve technical problems by way of the law or principle itself. Therefore, patents shall not be granted for them according to article 62 (1) of the “Industrial Property Code” .Mathematical method, such as that for calculating the area of a sphere, is a rule or method guiding us how to think, identify, judge and memorize data. Since a mathematical method itself does not use technical means to solve technical problems and it does not form technical results, patent shall not be granted for it according to article 62 (1) of “Industrial Property Code”.
- Are the rules / methods applied for games or sport activities eligible for patent grant?
A: No. The rules / methods applied for games or sport activities are generated by men’s intellectual processes including those of reasoning, analysis and judgment. Patents shall not be granted for them because they only involve the rules / methods of intellectual activity.
- Is a computer program eligible for patent grant?
A: Yes. Computer programs are eligible for patent grants on the condition that they use process flow procedures of computer programming as their basis, as well as technical means to form technical results.
However, if the patent application only involves a computer program in itself or it is merely stored in the hardware (such as magnetic tape, floppy, compact disc, ROM, VCD, DVD and other computer readable media), patent shall not be granted regardless of what the form of the program may be. This is because this kind of program is only considered as the rule / method generated by intellectual activity.
- According to the “Industrial Property Code”, a patent shall not be granted for a “method of surgical or therapeutic treatment or diagnosis of the human / animal body”. Can you elaborate with some examples?
A: Method of surgical treatment is the method of conducting traumatic or intervenient treatment / handling method, such as cutting open, excision, suture and puncture, to living human / animal body by instruments. Patent for this kind of surgical operation shall not be granted.
Method of treatment means the process of blocking, alleviating or eliminating the cause of disease for living human / animal body, to restore and acquire health or to reduce pain. The method of treatment not awarded patent refers to the method implemented on living human / animal body with the direct purpose of treatment or diagnosis. Examples can be grouped into 4 different aspects:
(1) surgical operation treatment, pharmacotherapy, psychotherapy, artificial respiration and oxygen supply;
(2) acupuncture, anesthesia and massage, etc. aimed for treatment, methods of radiation stimulation or irradiation on human / animal body, conception, contraception, in vitro fertilization, cosmetic surgery, slimming and augmentation in height with therapeutic purposes;
(3) auxiliary methods implemented for surgical operation treatment and pharmacotherapy, such as hemodialysis and anesthesia monitoring, etc.;
(4) methods for treating wounds of living human / animal body, such as the methods of disinfections and bandaging of wounds.
Method of diagnosis is the whole process of identifying, studying and determining the cause of disease in living human / animal body. Patent shall not be granted to a method related to disease diagnosis if (i) it takes living human / animal body as the object, (ii) the method includes the whole process of diagnosis and (iii) the direct purpose is to provide results of disease diagnosis. Examples include the methods of pulse feeling and palpation, foot diagnosis, X-ray diagnosis, ultrasonic diagnosis, gastrointestinal series contrast diagnosis, endoscopic diagnosis, isotope tracing diagnosis, infrared intact diagnosis and so on.
- Is an idea of new invention eligible for patent grant?
A: No, a simple idea of new invention is not protected. To apply for a registered patent, the applicant should include sufficient technical information in the application so that any person in the discipline can implement the patent accordingly.
- Are the inspection methods of products protected by patent rights?
A: The inspection methods of products, which utilize laws of nature or technical means to form a technical scheme, are protected by patent rights. However, the inspection methods of products, which utilize artificial rules and methods, are not eligible for granting patent.
- If two or more persons cooperate and complete an invention, to whom will the invention patent?
A: If all of them gave inputs for the idea and implementation of the invention, which generate improvement or offer technical solutions to problems, they will co-own the patent. However, in case, only one of them generates the idea for the invention and others only follow his instructions, he will be the sole inventor. He will be the only person who has the right to apply for and own the patent.
- An invention has been shown in an exhibition. Is the invention eligible for a patent grant?
A: An invention is still considered as a new invention if (i) it is only disclosed to the scientific community or technical organizations, or (ii) it is disclosed due to official or officially approved competition, exhibition or trade fair held in the Macao SAR or foreign countries, when the application is submitted within 12 months from the disclosure and proof of the above-mentioned disclosures is submitted within 3 months from the date of application.
- Can an applicant abandon his patent application upon completion of patent search and patent examination report?
A: Yes. An applicant can evaluate the value of his patent based on the results of patent search and patent examination report, in order to decide whether to obtain the “Registered Patent Certificate” or not.
- How to apply for a patent in the Macao SAR?
A: The applicant needs to complete an application form of the relevant patent type, and then submit the application with the necessary documents to the Intellectual Property Department of the Macao Economic Services.
Please note that the documents submitted should be written or translated in Chinese, if the applicant submits a request for making an examination report in respect of the application.
- Do I need to appoint a lawyer or an agent for application of patent registration?
A: Similar to the registration of other industrial properties, an applicant who holds a valid Macao SAR Resident Identity Card, or is a body corporate registered in the Macao SAR, can perform the application on his own or by appointing a proxy. However, an applicant who does not hold a valid Macao SAR Resident Identity Card, or is not a body corporate registered in the Macao SAR, he could appoint one of the following as their proxy, and submit the relevant “Power of Attorney”:
- A lawyer registered with the Macao Lawyers Association;
- An individual who is a Macao SAR resident;
- A body corporate registered in the Macao SAR.
- How to perform the filing procedure for the extension of invention patent from the State Intellectual Property Office?
A: a) The applicant, who has filed an application of invention patent in the State Intellectual Property Office, should submit a completed “國家知識產權局之發明專利延伸申請書 / Pedido de Extensão de Patente de Invenção na Direcção Nacional da Propriedade Intelectual” (Application form for extending validity of SIPO’s invention patent) with the abstract, description, claims, notice of acceptance of application or certified copy of the patent certificate, etc., and if necessary, “Power of Attorney” and figures for the description, to the Intellectual Property Department for the application of the extension of invention patent; within three months following the publication of the notice of granting of the patent in the “Patent Gazette” of the SIPO, applicant shall submit a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), with “The Copy of Extracts from the Patent Register” and “Patent Specification” issued by the SIPO to the Intellectual Property Department.
b) For patent-holder who holds an invention patent granted at the SIPO, within three months following the publication of the notice of the granting of the patent in the “Patent Gazette” of the SIPO, should submit a completed “國家知識產權局之發明專利延伸申請書 / Pedido de Extensão de Patente de Invenção na Direcção Nacional da Propriedade Intelectual” (Application form for extending validity of SIPO’s invention patent), and “The Copy of Extracts from the Patent Register” and “Patent Specification” issued by the SIPO to the Industrial Property Department.
- How to pay for the application fees of invention patent registration?
A: For invention patent registration, the applicant needs to pay an application fees (annual fees for 1st to 3rd years included) and a detailed examination fee. For applications for extension of validity of SIPO’s registered and filed invention patents, the applicant only needs to pay the relevant application fee .
Please note that the applicant needs to pay an annual fee in order to maintain the validity of his application / registration, irrespective of fact that the patent is granted or not.
For details of the relevant fees for industrial property registration, please refer to ”Intellectual Property-Fees” in the website of Macao Economic Services.
- How to pay for the application fees of utility patent registration?
A: For utility patent registration, the applicant needs to pay an application fee (annual fees for the 1st & 2nd years included).
Before the granting of patent, the applicant needs to pay the corresponding annual fee in order to maintain the validity of his application.
For details of the relevant fees for industrial property registration, please refer to ”Intellectual Property-Fees” in the website of Macao Economic Services.
- What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
A: For “Power of Attorney”, stamp-duty in the amount of MOP 25 and MOP 5 are required to be affixed onto the first page and each subsequent page respectively. For the translated version, stamp-duty in the amount of MOP 15 and MOP 5 are required to be affixed onto the first page and each subsequent page.
- When will the applicant obtain the registration certificate after the publication of approval?
A: The applicant may bring along the receipt of payment of the application fee to obtain the certificate at the Intellectual Property Department, one month after the approval of registration is published in the Official Gazette of Macao SAR (which is the end of the validity period for appeal). If there is an appeal, the applicant may obtain the certificate within 5 days after the final decision of the court.
- Do I need to re-apply for a patent registration, in the Macao SAR, which has been applied for in a foreign country? Is there anything that I need to pay attention to?
A: Similar to the registration of other industrial properties, the Macao SAR’s patent registration system is territorial. In order to obtain patent protection in the Macao SAR, an applicant needs to submit the application locally, despite the fact that the patent has been registered in a foreign country. The applicant should pay attention to the deadline of the claim of priority rights. This is because the invention will no longer be considered as a new invention if the period for claim of priority rights has expired or the invention has been publicized in a foreign country.
- Is the transfer of the ownership of patent application / registered patent allowed? Is the issuance of a patent license to a third party allowed?
A: Yes. The applicant or owner may complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by documents that verify the transfer, patent license or other supporting documents, and submit the application to the Intellectual Property Department with relevant application fees.
- How to alter the information of a filed patent application?
A: The applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by supporting documents, and submit the application to the Intellectual Property Department with relevant fees.
Please note that the changes made in the claim report, description or figure of the filed application should not cause changes to the content of the original application.
- How to pay the annual fee of patent registrations?
A: To perform the administrative procedure of paying annual fee of patent, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), and submit the application of paying annual fee to the Intellectual Property Department with the relevant fees.
The applicant needs to submit the application of paying annual fee, with the relevant fee, within the 6 months before the expiry date. If the expired date has passed, the fee shall be paid with an additional fee within 6 months counting from the expired date, otherwise the relevant registration will become invalid.
- Are the colors of registered “industrial models & designs” protected?
A: In registered industrial models & designs, colors of the product or decoration are protected. Whenever an industrial model & design contains colors, the applicant should claim the right of using the colors and attach them with relevant figures or photos that show the colors in the application.
- What designs are not eligible for registration?
A: Examples of designs which are not eligible for registration include: (1) designs which only serve specified function(s), e.g. an USB plug; (2) designs of a component which cannot use or form a product by itself, or that can combine with other products after combination of its own type of components, and possess specified shape and size, e.g. a piece of puzzle.
- Is a disclosed design eligible for registration?
A: A design needs to demonstrate its novelty for registration purposes. The Intellectual Property Department may refuse an application for registration due to lack of novelty. A design is considered to be publicized in the following situations: (i) the design has been announced or shown in an exhibition, (ii) the design has been used in the commercial sector, (iii) the design is well-known to the public.
Moreover, designs are not considered as disclosed under the following circumstances:
(a) any third party obtained the design under explicit or inexplicit confidentiality;
(b) disclosed by creator, creator’s successor or third party based on given information or actions taken;
(c) disclosed in an international exhibition held by the Government of the Macao SAR or approved by the Government, or disclosed in a training course, exhibition or trade fair recognized worldwide, or recognized by the Government of the Macao SAR or any country / region of the World Intellectual Property Organization or Union for the Protection of Industrial Property;
(d) disclosed due to abuse of the rights of creator or creator’s successor.
To claim unavoidable disclosure under the circumstances (b) & (c), the applicant needs to provide proof within 3 months counting from the date of application.
- Is there a need to submit a model or sample of a design with the industrial model & design application?
A: Except for the design of fabric and clothes, in general, there is no need to submit a model or a sample of the design. However, should the attached figure or photo fail to clearly represent the idea of the design, the applicant can initiate the submission of the model or sample or submit it upon request by the Economic Services.
- How to classify my industrial model & design?
A: The applicant can refer to the “Locarno Classification (7th edition)” issued by the World Intellectual Property Organization to classify the industrial model & design.
For details, please refer to the website of World Intellectual Property Organization, http://www.wipo.int/classifications/fulltext/locarno/enmn01.htm (English and French versions only).
- How to apply for registration of industrial models & designs in the Macao SAR?
A: The applicant must complete the “設計或新型註冊申請書 / Pedido de Registo de Desenho ou Modelo” form (Industrial Model & Design Registration Application Form) and submit it with the required documents and relevant fees to the Intellectual Property Department of the Macao Economic Services.
- What I need to do in order to claim a priority right of industrial model & design obtained from a foreign country recently?
A: When applying for a registered “industrial model & design” in the Macao SAR, the applicant shall claim the priority right within 6 months counting from the date of the first application in a foreign country. The applicant needs to include information on the priority right (i.e. country / region, date of application and serial no.) in the application form, and submit the application with relevant documents for proof of the priority right.
- How to pay the application fee of industrial model & design registration?
A: For industrial models & designs registration, the applicant needs to pay an application fee (annual fees for the first 5 years included).
Before the granting of the above application, the applicant needs to pay the corresponding annual fee in order to maintain the validity of his application.
For details of the relevant fees for industrial property registration, please refer to “Intellectual Property-Fees” in the website of Macao Economic Services.
- How to offer exploitation license of a registered industrial model & design to a third party?
A: The applicant may complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by the license or other supporting documents, and submit the application to the Intellectual Property Department with the relevant fees .
- Is it possible to alter the information on a filed application of industrial model & design?
A: Where the application has not been approved yet, applicant can alter the information by submitting a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form). However, once the application is approved, it cannot be altered.
Please note that the changes made in the description, figure or photo of the filed application should not go beyond the content of the original application.
- How to perform the administrative procedure of paying annual fee of industrial model and design? What happens if the annual fee is not paid on time?
A: To perform the administrative procedure of paying annual fee of industrial model & design, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), and submit the application of paying annual fee to the Intellectual Property Department with the relevant fees.
The applicant needs to submit the application of paying annual fee, with the relevant fee, within the 6 months before the expiry date. If the expired date has passed, the fee shall be paid with an additional fee within 6 months counting from the expired date, otherwise the relevant registration will become invalid.
- What is copyright?
A: Copyright refers to the creator’s right to possess, use, and generate benefits from his pieces.
- What is protected by copyright?
A: Any pieces which are the product of human creativity are protected by copyright, e.g. literary works, artistic works, movies, musical works, dramatic works, computer software, photography, sculpture, ceramic pieces, architecture, etc.
- What are the related rights of copyright?
A: Related rights of copyright refer to the formats of books and periodicals designed by the publisher, performances of performers, audio and video products of the producer, the programme produced by radio stations and TV stations.
- What is not protected by copyright?
A: Items which are not protected by copyright include (but not limited to them) are: idea, program, organization, operating method, rule, concept, principle, discovery, not written or recorded piece, piece which is not written by original author, information for public use, daily news, article which only reports incidents, speech given in a form of discussion for the benefit of the community, political speeches, official pieces, laws and regulations and their translations.
- A student writes a computer program according to the idea, direction and recommendation of his teacher. Whom shall the copyright belong to?
A: Ideas and directions are not protected by copyright. Although the teacher has given his idea, directions and recommendations, the student has designed the program on his own. The student’s work is the result of his creative activities, therefore the copyright shall belong to him.
- How to obtain copyright protection?
A: A creator can enjoy copyright protection without registration. In fact, the protection is effective automatically once the piece is made, no matter if it is disclosed or not. Copyright only protects the form or format of a piece, but not the idea, method, opinion and fact.
- Can a copyright be co-owned?
A: Yes. Copyright of a piece, which is created by a team, is co-owned by all the team members.
- How long does a copyright last for?
A: In general, a copyright lasts from the date it was acquired until 50 years after the creator’s death.
For co-owned copyright, it lasts from the date it was acquired until 50 years after the deaths of all the creators.
For the copyright of anonymous piece, published or disclosed piece without the indication of true identity of the creator, it lasts from the date it was acquired until 50 years after publication of the piece. If the parts, chapters or sections of a piece are not published or publicized at the same time, the effective periods of each parts, chapters or sections will be calculated separately.
- How to register as an organization of collective administration of copyright?
A: According to article 196 of the “Copyright and Related Rights Code” under Decree-law no. 43/99/M, the applicant should complete the ”著作權及相關權利的集體管理機構之登記 / Registo dos Organismos de Gestão Colectiva de Direitos de Autor e Conexos” form (Organization of Collective Administration of Copyright and Related Rights Registration Application Form), accompanied by relevant documents, and submit the application to the Intellectual Property Department at least 30 days before the commencement of operation of the organization.
Note: The above information can be used as reference only, but not legal advice. Before taking the actions mentioned above, please seek professional advice first.
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