MACAU SAR Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Kimberley Cheong, Riquito Advogados
party commenced litigation in bad faith ( litigân - cia de má-fé ). 6.3 Types of Remedies In Macau, the aforementioned remedies in 6.1 Remedies for the Patentee are available for all kinds of intellectual property rights, regardless of type. 6.4 Injunctions Pending Appeal If a patent is found to be valid and infringed in the first instance only for the infringer to appeal, the decision of the lower court is preliminarily enforceable. A stay of injunction is only possi- ble under exceptional circumstances, resulting in the frequent rejection of such requests. 7. Appeal 7.1 Special Provisions for Intellectual Property Proceedings The applicant, the holder of the industrial property right, and any person who has been directly affected, may appeal to the Court of First Instance against the decisions issued by the DSEDT regarding the grant or refusal of an industrial property right, as well as in respect of the transfer, licensing or any other decisions that affect, modify or extinguish the industrial property right. The appeal shall be filed within one month count- ing from the publication date of the decision, or from the date of the respective certificate. See 1.8 Remedies Against Refusal to Grant an Intellectual Property Right . The DSEDT is not considered as the defendant, but it shall be notified of the appeal to provide the details of the administrative proceedings to the court. Opposing parties shall be summoned
by the court to present their opposition within one month, if desired. If the appeal involves any technical issue which requires further information, the court may, at any stage, order that the expert from the DSEDT, on whose expert report the DSEDT’s decision was based, provide oral clarification. The decision rendered by the Court of First Instance is not final and may be subject to appeal pursuant to the general rules of civil pro- ceedings. 7.2 Type of Review An appeal filed to both the Court of First Instance and the Court of Second Instance may imply a review of the facts of the case as well as a legal review. In Macau, there are no specific extra-judicial procedures that a party to an intellectual prop- erty matter is supposed to take. In spite of that, according to the usual practices, costs may arise from legal consultancy services, warning letters to the potential IP infringer, opposition to new IP applications with the Economic Bureau, and expert opinion in cases of patent infringement. 8.2 Calculation of Court Fees 8. Costs 8.1 Costs Before Filing a Lawsuit Pursuant to Article 6, Section 1, r) of Decree-Law 63/99/M (Court Fee Regulation), the court fee for appeal proceedings, referred to in 7. Appeal , is calculated based on the value of the dispute, which is determined by the court according to the economic repercussions of the proceedings for the party responsible for the court fee or, fail-
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