Geographical Indications Law in North Macedonia
North Macedonia has established a comprehensive legal framework for the protection of Geographical Indications (GIs) and Appellations of Origin (AOs) through its Law on Industrial Property, enacted in 2009. This law, along with the Regulation on Appellation of Origin of the Product and Geographical Indication adopted in 2009, governs the registration, protection, and enforcement of GIs and AOs within the country .(WIPO)
Key Features of North Macedonia's GI Law
Definitions:
Appellation of Origin: A geographical name indicating that a product originates from a specific region, where its quality and characteristics are exclusively or primarily due to the geographical environment, including natural and human factors, and where all production, processing, and preparation occur within the defined area.
Geographical Indication: A geographical name identifying a product whose quality, reputation, or other characteristic is essentially attributable to its geographical origin, with at least one stage of production, processing, or preparation occurring within the defined area .(WIPO)
Registration Process:
Applications for protection must be submitted to the State Office of Industrial Property (SOIP).
The application should include a request for protection, an elaboration of the product, evidence of the product's characteristics linked to its origin, and a description of the production process.
Foreign applicants must provide evidence that the geographical name is protected in their country of origin, along with a certified translation into Macedonian .(Lalicic & Partners Law Firm, WIPO)
Rights and Enforcement:
Protection is granted to the geographical name, not to individual producers.
Only authorized users, who are registered producers meeting the specified criteria, may use the protected name.
The right to use the protected geographical name is valid for five years and can be renewed indefinitely.
Unauthorized use of the protected name is prohibited and subject to legal action .(WIPO, WIPO)
International Protection:
North Macedonia recognizes and protects foreign GIs and AOs based on international agreements and bilateral treaties.
Foreign entities can register as authorized users if their geographical name is protected in their country of origin and if the requirements under North Macedonian law are fulfilled .(WIPO)
Support for Producers
Producers in North Macedonia can benefit from the protection of GIs and AOs by:
Enhancing the marketability of their products through recognized quality and origin.
Gaining access to international markets that recognize and protect GIs and AOs.
Receiving legal support against unauthorized use or imitation of their protected names.
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