IP/N/1/MAC/2  
 
2 April 2014  
(14-2024)  Page: 1/3  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
M
ACAO, CHINA 
The following communication, dated 17 October 2012 and 5 March 2014, is being circulated at the 
request of the Delegation of Macao, China.   
_______________ 
  
Pursuant to Article 63.2 of the TRIPS Agreement, the Government of the Macao Special 
Administrative Region hereby notifies the Council  for TRIPS that the amendments of our Copyright 
and Related Rights Code have entered into force on 1 June 2012.
1 A summary of the amendments 
is included in the annex. Please find enclosed a copy of the Copyright and Related Rights Code in 
both Chinese and Portuguese languages.2 
 
                                               
1 See document IP/N/1/MAC/C/1/Rev.1/Add.1. 
2 Available for consultation at the WTO Secretariat on request. IP/N/1/MAC/2 
 
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ANNEX 
 
TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
 BRIEF DESCRIPTION 
 
Law No. 5/2012 – Amendment to the Copyright 
and Related Rights Code 
 Approved on 29 February 2012. Published on 10 April 2012. 
Entry into force: 1 June 2012. 
   
To comply with the standards of international 
protection derived from the characteristics of 
information society, the amendments made by the Government of the Macao SAR to the Decree-Law No. 43/99/M – Copyright and 
Related Rights Code were adopted as Law 
No. 5/2012. The major amendments stated in Law No. 5/2012 are as follows: 
 
 
 a) Definition for copies of work has been 
extended to include works in digital format 
(Article 56.6); 
 
  b) Copyright holders, performers and 
producers have the right to reproduce, 
communicate to the public, distribute, and 
rent for commercial purposes, the works, phonograms, videograms or fixed 
performances (Paragraphs f), g), j) and m) 
of Article 56.3, paragraphs c), d), e) and f) of Article 178, and paragraphs a), b), c) 
and d) of Article 185); 
 
 c)  Scope of legitimate use or reproduction of 
works has been stipulated and extended 
(Articles 61, 62, 63, 92, 123, 169 and 
173);  
 d)  Personal rights of performers have been 
stipulated (Article 180);  
 e)  Temporary or permanent closure of 
electronic websites in public computer networks may be ordered by the court (Article 203.4); 
 
 f)  Methods of calculating the lapse of rights 
for performers, producers and broadcasting 
organizations have been stipulated 
(Articles 182, 188 and 192);  
 g)  Levels of criminal penalties have been 
adjusted and the conditions and extent to which an act constitutes an offence have been amended (Articles 209, 210, 211 and 
212); 
 IP/N/1/MAC/2 
 
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TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
 BRIEF DESCRIPTION 
 
  
h) Provisions of work to the public through 
computer networks on commercial purposes are subject to criminal penalties 
(Article 213); 
 
 i)  Criminal liabilities for the deactivation or 
removal of technical protection measures in 
works, phonograms, videograms, fixed 
performances or broadcastings, criminal liabilities for the instruments used in the 
deactivation or removal of such technical 
measures, as well as the circumstances for the exemptions of criminal liabilities have 
been stipulated (Articles 214-B, 214-C and 
214-D); and  
 j)  Criminal liabilities for the removal or 
alteration of rights management 
information in works, phonograms, videograms, fixed performances or 
broadcastings have been stipulated 
(Article 214-F).  
  
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