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Commercial Code (as approved by Decree-Law No. 40/99/M of August 3, 1999, and as amended up to Law No. 16/2009 of August 10, 2009, on Amendments to the Commercial Code), Macao, China
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Latest Version in WIPO Lex
Year of Version
2009
Dates
Entry into force:
November 1, 1999
Adopted:
August 2, 1999
Type of Text
IP-related Laws
Subject Matter
Trade Names,
Competition,
Undisclosed Information (Trade Secrets),
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws,
IP Regulatory Body,
Other,
Industrial Property
Notes
The Commercial Code is approved by Decree-Law No. 40/99/M of August 3, 1999, and published as an annex to this Decree-Law.
According to Article 3(1) of the Decree-Law, the following laws, among others, shall be repealed:
- Articles 49-53 of the Intellectual Property Code 1995 (approved by Decree-Law No. 16/95 of September 4, 1995), which has been repealed by the Intellectual Property Code 1999 (approved by Decree-Law No. 97/99/M of December 13, 1999)
- Articles 79-80 of Decree-Law No. 56/95/M of November 6, 1995, governing the Protection of Trademarks
The Commercial Code regulates the commercial enterprises, commercial entrepreneurs, commercial activities, negotiable instruments and the different kinds of commercial contracts.
It contains provisions relating to trade names (Book I, Title II); unfair competition (Articles 159-160, 162, 164-167); trade secrets (Articles 166-167, 629, 665, 671, 693, 696, 702, 726, 743); intellectual property & franchising (Articles 680, 682, 687-a & b, 689, 693, 695-b, 696, 700, 702, 706, 707-b); and copyright protection for advertising creations (Article 745).
The Commercial Code has been amended 3 times, most recently in 2009.
This consolidated version of the Commercial Code incorporates all the amendments up to Law No. 16/2009 of August 10, 2009, on Amendments to the Commercial Code.
For the amendments on IP provisions contained in the consolidated version, see Article 16 “Principle of novelty”; Article 17 “Obligation to use of Chinese and Portuguese”; and Article 23 “Firm of individual commercial entrepreneur”.
According to Article 2 of Decree-Law No. 48/99/M of September 27, 1999, on the Postponement of the Entry into Force of the Civil Code and the Commercial Code, the date of entry into force of the Commercial Code is postponed until November 1, 1999.
Available Texts
Main text(s)
Main text(s)
Chinese
商法典(1999年8月3日第40/99/M號法令核准，修訂至2009年8月10日第16/2009號法律：修改《商法典》)
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Portuguese
Código Comercial (aprovado pelo Decreto-Lei nº 40/99/M de 3 de agosto de 1999, e alterado até a Lei nº 16/2009 de 10 de agosto de 2009 sobre a alteração do Código Comercial)
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Legislation
Amends (2 text(s))
Amends (2 text(s))
Is amended by (2 text(s))
Is amended by (2 text(s))
WIPO Lex No.
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