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Civil Procedure Code (as approved by Decree-Law No. 55/99/M of October 8, 1999, and as amended up to Law No. 9/2004 of August 16, 2004, on Changes and Additions to the Law on Judicial Organization and Civil Procedure Code), Macao, China
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Latest Version in WIPO Lex
Year of Version
2004
Dates
Entry into force:
November 1, 1999
Adopted:
October 8, 1999
Type of Text
IP-related Laws
Subject Matter
Enforcement of IP and Related Laws,
Other
Notes
The Civil Procedure Code was amended in 1999 by Law No. 9/1999 of December 20, 1999, on Judicial Organization; and in 2004 by Law No. 9/2004 of August 16, 2004, on Changes and Additions to Law on Judicial Organization and Civil Procedure Code.
This consolidated version of the Civil Procedure Code incorporates all the amendments up to Law No. 9/2004 of August 16, 2004, which entered into force on August 17, 2004, except its Articles 2 to 5.
Article 4 of Law No. 9/2004 amends Articles 157, 162, 695, 930 & 177-A of the Civil Procedure Code, which shall enter into force when the Civil Courts operate.
Article 5 of the said Law adds Title XVI of Book V of the Civil Procedure Code, which shall enter into force when the Small Claims Tribunal is established.
The Industrial Property Code (approved by Decree-Law No. 97/99/M of December 13, 1999), and the Copyright Law (Decree-Law No. 43/99/M of August 16, 1999) refer to the provisions of the Civil Procedure Code.
Article 15 of the Industrial Property Code refers to the resolution of priority claim for similar applications through the competent civil court. Article 116 provides for the appeals to the competent civil court with respect to the granting, refusal or cancellation of license. Article 282 states that the decision handed down may be appealed in accordance with civil procedures. Article 287 stipulates that in addition to Article 286(3), provisional measures may be ordered pursuant to the terms of the Code of Civil Procedure of Macao for common provisional procedures, in cases in which any of the violations foreseen in the IP Code are found to obtain.
Article 208(1) of the Copyright Law stipulates: “Where the court imposes the additional penalty of publication of the sentence, that penalty shall be enforced by the affixing of an official notice and the publication of an announcement at the expense of the condemned party, and the provisions of the Civil Procedure Law on the summoning of unreliable persons by publication shall apply, mutatis mutandis.”
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Main text(s)
Chinese
《民事訴訟法典》（經1999年10月8日，第55/99/M號法令核准，修訂至2004年8月16日第9/2004號法律：《司法組織綱要法》及《民事訴訟法典》條文的修改及附加）
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Portuguese
Código de Processo Civil (aprovado pelo Decreto-Lei nº 55/99/M, de 8 de outubro de 1999, e alterada até a Lei nº 9/2004 de 16 de agosto de 2004 sobre alterações e aditamentos à Lei de Bases da Organização Judiciária e ao Código de Processo Civil)
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WIPO Lex No.
MO041