Marta Mourão
Updates
Aviation
Draft law to implement Chicago Convention rules
Macau | 26 September 2012A new draft law lays down the principles governing the investigation of air accidents and incidents and the processing and protection of air safety information. If passed, it is expected to reduce an already low accident rate, despite the projected increase in Macau's air traffic in the coming years.
Banking
Does the sale of financial products in Macau need more regulation?
Macau | 15 March 2013Financial intermediaries are professionals who deal directly with clients and advise them on savings plans, investments or insurance protection. These individuals play a crucial role when it comes to choosing financial products. However, the regime regulating such individuals in Macau is much less stringent than the corresponding regimes in Hong Kong and Singapore, leading some to question whether the rules should be tightened for the benefit of consumers.
Intellectual Property
Patent rights in Macau
Macau | 20 April 2015The legal IP regime in Macau is governed by the Industrial Property Act. IP rights entitle rights holders full and exclusive enjoyment, use and disposal of their inventions, creations and distinctive signs within the limits, conditions and restrictions established by law. Macau's patent registration system is territorial; thus, in order to obtain patent protection in Macau, an applicant must submit the application locally.
Litigation
Competence of last instance court when judging at first instance
Macau | 23 July 2013Two recent criminal cases have seen Macau's highest court called to intervene as if it were a first instance court, and publicly voice its desire to change its existing competence. The Law of the Judicial Organisation states that the Macau Special Administrative Region enjoys independent judicial power, including that of final decision. The last instance court has suggested that a review of the basic law should take place.
Private Client & Offshore Services
Land Law – problems ahead
Macau | 29 October 2015The new Land Law recently entered into force, revoking and replacing the previous Law 6/80/M. Under the new law, the concession of land is given on a provisional basis and becomes permanent with the use of the land. It is expressly stated that provisional concessions cannot be renewed, except when the land concession is attached to a definitive land concession and both lands are utilised together.
The evolving rental housing regime
Macau | 16 July 2015Macau's rental housing market has always been the subject of lively discussion. Residents are critical of the legal system, which they deem unfair. However, problems do not always arise from the law, but often from market dynamics. A new draft law is nonetheless expected to be presented to the Legislative Assembly in the hope that it will meet tenants' expectations.
Patent rights in Macau
Macau | 16 April 2015The legal IP regime in Macau is governed by the Industrial Property Act. IP rights give rights holders full and exclusive enjoyment, use and disposal of their inventions, creations and distinctive signs within the limits, conditions and restrictions established by law. Macau's patent registration system is territorial; thus, in order to obtain patent protection in Macau, an applicant must submit the application locally.
Sovereign wealth fund option to diversify Macau economy
Macau | 09 October 2014In order to protect Macau's economy from a deceleration that may arise due to its dependence on gaming revenues and increased social spending due to an ageing population, the IMF has proposed setting up a sovereign wealth fund. The allocation of a percentage of public moneys to a sovereign wealth fund, even though it would involve higher risks, might also help to improve economic stability.
Personal data protection
Macau | 12 June 2014Processing personal data in Macau should be conducted in accordance with the Personal Data Protection Act. The law's purpose is to ensure that the processing of personal data is carried out transparently and with strict respect for an individual's privacy. The law also applies to video surveillance, provided that the controller is domiciled or based in Macau.
Arbitration in the Macau Special Administrative Region
Macau | 19 December 2013Legislation on arbitration has been in force in the Macau Special Administrative Region since before the handover to China. According to the legal regime of internal arbitration, arbitration may be employed in any dispute that does not respect inalienable rights, provided that the dispute is not submitted by special law to a judicial court or necessary arbitration.
Competence of last instance court when judging at first instance
Macau | 25 July 2013Two recent criminal cases have seen Macau's highest court called to intervene as if it were a first instance court, and publicly voice its desire to change its existing competence. The Law of the Judicial Organisation states that the Macau Special Administrative Region enjoys independent judicial power, including that of final decision. The last instance court has suggested that a review of the basic law should take place.
Does the sale of financial products in Macau need more regulation?
Macau | 14 March 2013Financial activity in Macau is regulated by the Financial System Act. Activity as a financial intermediary requires prior authorisation and must be subject to advice from the Monetary Authority of Macau. All authorised and licensed institutions are bound to a special registration with the monetary authority prior to the commencement of their activities and are subject to its supervision.
Draft law to implement Chicago Convention rules
Macau | 27 September 2012A new draft law lays down the principles governing the investigation of air accidents and incidents and the processing and protection of air safety information. If passed, it is expected to reduce an already low accident rate, despite the projected increase in Macau's air traffic in the coming years.
Real Estate
The evolving rental housing regime
Macau | 17 July 2015Macau's rental housing market has always been the subject of lively discussion. Residents are critical of the legal system, which they deem unfair. However, problems do not always arise from the law, but often from market dynamics. A new draft law is nonetheless expected to be presented to the Legislative Assembly in the hope that it will meet tenants' expectations.
Tech, Data, Telecoms & Media
Personal data protection
Macau | 17 June 2014Processing personal data in Macau should be conducted in accordance with the Personal Data Protection Act. The law's purpose is to ensure that the processing of personal data is carried out transparently and with strict respect for an individual's privacy. The law also applies to video surveillance, provided that the controller is domiciled or based in Macau.
