Intellectual Property Laws at North Macedonia
North Macedonia has developed a modern and comprehensive intellectual property (IP) legal framework, aligning with European Union standards and international agreements. Here's an overview of the key aspects of IP law in North Macedonia:
๐๏ธ Legal Framework
The primary legislation governing IP in North Macedonia includes
Law on Industrial Property (2009): Regulates patents, industrial designs, trademarks, and geographical indications
Law on Copyright and Related Rights: Protects literary, artistic, and scientific works๎ ๎cite๎turn0search4๎ These laws are complemented by regulations and implementing rules that provide detailed procedures for IP registration, protection, and enforcement
๐ Types of IP Protection
1. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing dat.
Supplementary Protection Up to 5 additional years for certain pharmaceutical and plant protection products, subject to specific condition.
2. Industrial Designs
Eligibility New and original aesthetic aspects of a product.
Duration 5 years, renewable up to a maximum of 25 year.
3. Trademarks
Eligibility Signs capable of distinguishing goods or service.
Types Includes wordmarks, figurative marks, collective marks, and certification mark.
Duration 10 years from the registration date, renewable indefinitely.
International Filing North Macedonia is a member of the Madrid Protocol, allowing for international trademark registration.
4. Geographical Indications
Eligibility Names identifying goods originating from a specific geographical area, possessing qualities or a reputation due to that origin.
Protection Granted through a registration process.
5. Copyright and Related Rights
Eligibility Original works in the fields of literature, science, and ar.
Duration Life of the author plus 70 years.
โ๏ธ Enforcement and Legal Actions
The State Office for Industrial Property (SOIP) is the central authority responsible for the administration of IP rights in North Macedoni. IP enforcement involves cooperation among various institutions, including the Customs Administration, Ministry of Culture, State Market Inspectorate, Ministry of Interior, Public Prosecution Office, and the judiciary. Legal actions for IP infringements can be pursued through civil, administrative, and criminal procedures, depending on the nature and severity of the violation.
๐ International Treaties
North Macedonia is a member of several key international IP treaties:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Patent Cooperation Treaty (PCT)
Madrid Protocol for the International Registration of Marks
*Hague Agreement for the International Registration of Industrial Designs
These memberships facilitate the international protection of IP rights for North Macedonian creators and business.
RELATED Blog
0 comments