The Newest Development of the Intellectual Property System of the

Macao SAR

December 11th – 12th, 2003. Beijing

Contents The Current Intellectual Property Regulations of Macao

SAR The Role and Responsibilities of the Intellectual Property

Department of the Macao Economic Service The Area of Trademarks The Area of Patents and Designs Major Projects and Activities for this Year Project Planning

1. The Current Intellectual Property Regulations of Macao SAR

Copyright Code of Macao SAR

Industrial Property Code of Macao SAR

Copyright Code of Macao SAR Published on August 16th 1999, and effective on October

of the same year. Area of Protection: literature, operas, music, artistic

works, movies, television broadcast and any creative works.

Not required to be registered. Lifespan of the authors + 50 years.

Published on December 13th 1999, and effective on June 6th 2000.

Area of Protection: Patents Protection of medicines and phyto-pharmaceutical products Semiconductor topography products Industrial models and designs Trademarks Names and emblems of establishments Designation of origin and geographical indications Awards

Intellectual Property Code of Macao SAR

2. The Role and Responsibilities of the Intellectual Property Department of the Macao Economic Service Assisting in setting up the policies for IP protection, supporting

in improving the IP code of Macao SAR; Promoting cooperation relationships with similar foreign

organizations, and participate in the management of IP International Laws management and activities;

Performing the necessary procedures of the legal requirements of the Industrial Property Rights, and publish as well as renewing certified rights of the registered information;

Registering of the organizations that collectively manage copyrights and related rights, as well as monitoring these organizations.

The kinds of Industrial Property Rights applications

(up to October 6th, 2003)

Type of Applications Quantity

Trademarks 27,718

Patents 86

Industrial models and designs 74

Names and emblems of establishments 36

3. The Area of Trademarks

96.4% of all Industrial Property registrations applications are trademark applications.

Up to December 2002, the total number of trademark applications is 26262. Product trademarks takes up 83.53% of the overall applications, and Service trademarks takes up 16.47%.

Up to October of this year, the total trademark applications is 27843. Product trademarks takes up 83.09% of the overall applications, and Service trademarks takes up 16.91%.

3. The Area on Trademarks (cont.)

In the first 10 months of this year, the number of trademark applications is 1550, which is a 9% increase from last year.

1,422

1,550

1,300

1,400

1,500

1,600

Jan. to Oct,2002

Jan. to Oct,2003

Statistics on trademark applications during

the recent years

Year No. of Apps. %Growth to last year

1997 1, 554 - - - -1998 1, 154 -25. 741999 1, 119 -3. 032000 2, 104 +88. 002001 1, 696 -19. 392002 1, 705 +0. 53

Statistics on trademark applications with regards to products/services

classifications(up to end of December, 2002)

Classes that have the most applications ：

Class 5 (2,408 apps)

Class 25 (2,141 apps)

Class 9 (2,047 apps)

Class 3 (1,826 apps)

Class 30 (1,436 apps)

Other

Classes

62. 47%

Class 5

9. 17%

Class 25

8. 15%Class 9

7. 79%Class 3

6. 95%

Class 30

5. 47%

The top ten countries of origin where trademark applicants belong (up to the end

of October, 2003)

Country/Area Total of Application

1. USA 7, 4392. J apan 2, 3803. France 2, 2684. Bri tai n 2, 1775. Hong Kong SAR 2, 0696. Swi tzerl and 1, 8907. Germany 1, 4898. Macao SAR 1, 0629. Hol l and 84410. Portugal 788

Top ten corporations that applied for trademark registration (up to December,

2003)

Corporation Name Country No. of Apps.

1. Mars, I ncorporated USA 3332. Phi l i p Morri s Products S. A. Switzerland 2493. Soci ete des Produi ts Nestl e, S. A. USA 2434. Channel , S. A. France 2335. J ohnson & J ohnson USA 2076. NTT Communi cati ons Kabushi ki Kai sha Japan 1827. The Coca-Col a Company USA 1788. Sanri o Company, Ltd. Japan 1549. Exxon Corporati on USA 15310. Sony Corporati on Japan 134

Analysis based on the origin country of the applicants (up to the end of October, 2003)

To foreign countries, especially developed countries: They believe the market of Macao SAR is

attractive. They are conscious about the protection of IP. They have confidence wit the regulations of Macao

SAR. Hong Kong SAR is at the fifth place, same as last year.

Macao SAR moved from the 12th position to the 8th this year Companies related to tourism and gambling business

increase their number of applications. Liberalization of the gambling license. The Macao SAR Government is very active in

promoting tourism, gambling, exhibitions and related businesses.

There are 363 trademarks applications related to tourism, gambling, exhibitions, franchising and related businesses.

Analysis based on the origin country of the applicants (cont.) (Up to the end of October, 2003)

The further investments of the gambling business. Large tourist attractions are constructing smoothly. Macao SAR is accelerating different construction

projects. The forming of three plans to support small medium

enterprises. Local companies are becoming more aware of their

trademarks.

Advantageous elements that supported the continuous growth of trademark applications towards the future

Advantageous elements that supported the continuous growth of trademark applications towards the future (cont.)

Success in holding the meeting of promoting closer economic and trade cooperation between China and Portuguese speaking countries.

Success in signing the Closer Economic Partnership Arrangement(CEPA).

Continuous economic growth of Mainland China. The faster Revival of the American Economy.

4. The Area on Patents and Designs

Applicants can apply for a patent registration directly in Macao SAR, and not required to have previously received the patent from Portugal.

The Macao SAR and its courts handle the granting and its following legislation procedures for patents.

The current status of patents and designs in Macao SAR

In 2002, the number of design applications increased by 153.85% comparing to 2001.

The first 9 months of this year, the amount of applications is already at the same level as last year’s total applications. The increase of patent applications is highest, which presents an increase of 42.86%.

The major reason for the increase of patents and design is: Corporations using patents and designs as a strategy to compete is getting stronger; patents and designs can also be registered independently in Macao SAR, which is more convenient to the applicants.

The application situation during the recent years for patent of invention, patent of utility

and designs.

0

5

10

15

20

25

30

35

Patent ofI nventi on

Patent of Uti l i ty Desi gn and Model

2001

2002

2001

2002

20022001

2003J an-Sep

2003J an- Sep

2003J an-Sep

1.24.2003 Beijing Signed an cooperation agreement with

SIPO. 1.28.2003 Guangzhou “Guangzhou, Hong

Kong and Macao IP database

procedures meeting.”

2.17-21.2003 Macao “Training course on trademark laws and

management.

5. Primary work and activities for this year

5. Primary work and activities for this year (cont.)

2-5.9.2003 Macao “Training course on patents”

25-26.9.2003 Macao “Training course on copyright and related rights”

Promoting the service satisfaction program. Improving the computer systems. Publishing trademark application guide.

6. Plans for the future To make the IP codes more complete, and to improve

the management system in order to correspond with the local and international economic development.

Continue with developing closer cooperation with local and international IP organizations, attend different kinds of meetings and seminars on IP, and to understand the newest development of IP.

Strengthen the connection and cooperation between the IP organizations of Mainland and Macao SAR, especially within the Zhujiang Delta.

6. Plans for the future (cont.)

Provide high quality, fast, and convenient IP services to the public: Internet download of application forms. Searching for trademarks through the

Internet. Increase training for the skilled, in order to

raise the quality of work. Increase the promotion of IP, and

improving the public awareness of IP.

Thank you!