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Law No. 5/2012, Amendment to the Regime of Copyright and Related Rights, Macao, China


Latest Version in WIPO Lex
Year of Version 2012 Dates Entry into force: June 1, 2012 Published: April 10, 2012 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights) Notes The notification by Macao to the WTO under article 63.2 of TRIPS states:
'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);
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).'

Available Texts Main text(s) Main text(s) Chinese 第5/2012號法律, 修改著作權及有關權利之制度 PDF HTML Portuguese Lei n.º 5/2012, Alteração ao regime do direito de autor e direitos conexos PDF HTML
Legislation Amends (1 text(s)) Amends (1 text(s))
Decree-Law No. 43/99/M, Regime of Copyright and Related Rights (amended up to Law No. 5/2012) (MO034)

WTO Document Reference

WIPO Lex No. MO033