Appellations of Origin and Geographical Indications

Legal reference: both appellations of origin and geographical indications have been recognized in Macao since 1995, after the 1995 Portuguese Code of Industrial Property introduced the geographical indications and both rights were kept in the local Statute enacted in 1999. 

Legal definitions: (1) Appellation of Origin: the name of a region, a specific locality or a country or territory that is used to designate or identify a product originating from that region, specific locality or country or territory, whose quality or characteristics are essentially or exclusively attributed to the geographical environment, including natural and human factors, and whose production, transformation and creation are conducted in the designated geographical area; (2) Geographical Indications: the name of a region, locality or, in some cases, a country or territory, which is used to identify a product originating from the said area, when its reputation, qualities, or other characteristics, can be attributed to that geographical origin and whose production and/or modification occur in that geographical area. 

Duration: appellations of origin and geographical indications are valid for an unlimited period of time and their ownership shall be protected by the application of the provisions foreseen in the present Statute or, in special legislation, as well as, by those governing false indications of origin, independently of registration and of the fact that they do, or do not, form part of a registered trademark. Only with the authorization may trademarks include the subject matter of registered appellations of origin or geographical indications, as well as any other industrial property right, if there is a risk of confusion or this would give rise to public misconception, namely with respect to the geographical origin of the product, except if the trademark, thus formed, has already acquired distinctive capacity.