The higher number of intellectual property (IP) infringement cases and prosecutions in Macau are for counterfeit goods, the Macau Customs Service (SA) has revealed to the Times in response to a written inquiry.
Last year, the SA investigated 107 suspected instances of intellectual property infringement based on reports.
“Twenty-two cases (20.6%) were successfully referred to the Public Prosecutions Office (MP) for further investigation,” the SA told the Times, adding that seized goods included garments, bags and daily necessities.
The SA estimated that the products in these cases, numbering over 2000, had a market value of 6.64 million patacas.
The SA also told the Times that of the 107 cases reported, almost one-third (31 cases) involved the sale of counterfeit items on the internet.
When compared to 2021 (182 cases), case numbers registered in 2022 represent a decrease of 41%.
Cases reaching the MP fell 27%, the SA noted.
Q1 2023 recording similar cases
The SA noted this year’s average first quarter (Q1) results are similar to 2022.
The SA investigated 24 cases during Q1 this year, with only three for online sales or advertising and it has already forwarded six to the MP.
Although growth in the number of cases and prosecutions is insignificant, the quantity of seized goods has grown to 2,852 in Q1, including some new types of items such as construction materials.
Goods seized during Q1 were said to be worth some 290,000 patacas.
Among the cases successfully reported to the MP between January 2022 to March 2023 (28) the crimes were almost exclusively for trademark infringements.
Current laws sufficient to tackle problem
“At the present, Macau’s intellectual property protection laws can protect infringements faced by business operators and consumers,” the SA said.
It added that while the laws are considered sufficient, the SA will constantly assess whether the laws meet the society’s needs, and discuss items that could potentially be reviewed with the Economic and Technological Development Bureau (DSEDT).
While the DSEDT manages Macau’s IP laws promotion and disclosure, the SA has the power to inspect and conduct investigations of suspected infringements under law 11/2001, which is already 22 years old.
IP refers to a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may request a patent, copyright, or trademark to protect this right.
In Macau, historically and currently, the only type of infringements prosecuted are those for trademark violation, namely those protected by international branding
Other forms of IP rights violations such as copyright, including use of ideas, images, projects without the author’s consent – and/or the plagiarism of these original ideas and projects – tend never to be targeted.
