RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/807/9
20 December 2000
(00-5564)
Working Party on the Accession of the
Former Yugoslav Republic of MacedoniaOriginal:  English
ACCESSION OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
Implementation of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Government of the Former Yugoslav Republic of Macedonia has submitted the following
information on the implementation of the WTO Ag reement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS), with the request that it be circulated to members of the Working Party.
_______________WT/ACC/807/9
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General Obligations The Republic of Macedonia is a member of the Convention
establishing the World Intellectual Property Organization, the ParisConvention for the Protection of Industrial Property, the Madrid
Agreement Concerning the International Registration of Marks, the
Nice Agreement Concerning the International Classification ofGoods and Services for the Purposes of the Registration of Marks,The Locarno Agreement Establishing and International Classificationfor Industrial Designs, the Patent Cooperation Treaty, Agreement onco-operation in the field of Patents between European Patent
Organization  and Government of the Republic of Macedonia
Compliance with Articles 1 through
12 and Article 19 of the ParisConvention for the Protection ofIndustrial Property in  respect of Parts
II, III, and IV of the TRIPSAgreement. TRIPS Article 2.The Republic of Macedonia is a member of the Paris Union.
Under Paris, Article 1(2), industrial
property has as its object patents,
utility models, industrial designs,trademarks, service marks, tradenames, indications of source orappellations of origin, and therepression of unfair competition.According to Art.1 (2) of the Macedonian Act of Industrial Property
subject to protection are:
-  Patents-  Trademarks and service marks-  Industrial designs-  Appellation of origin-  The repression of unfair competition (Law against Unfair
Competition, Official Gazette of the Republic of Macedonia 80/99).
In Paris.  Article 1(3), industrial
property applies not only to industryand commerce proper, but toagricultural and extractive industriesand to all manufactured or naturalproducts, e.g., wines, grain, tobacco
leaf, fruit, cattle, minerals, mineral
waters, beer, flowers, and flour.Industrial property is understood in the broadest sense and is apply
not only to industry and commerce. Proper, but likewise toagricultural and extractive industries an to all manufactured ornatural products.
Under Paris, Article 2, nationals ofMembers are to enjoy in otherMembers the advantages that theirrespective laws grant to nationals,and shall have the same protection
and the same legal remedy against
any infringement of their rights ifthey conform to the conditions andformalities imposed upon theMember's nationals.Pursuant to Article 9 of the Act of Industrial Property, foreign legal
entities and citizens shall enjoy the same rights pertaining toprotection of industrial property in the Republic of Macedonia, asMacedonian legal entities and citizens, provided that this is incompliance with international agreements and conventions and the
principle of reciprocity.
Existence of reciprocity shall be proven by the person pleading
reciprocity.
Paris.  Article 3, requires thatnationals of non-Member countries
domiciles or that have "real and
effective" industrial or commercialestablishments in a Member countrybe treated as nationals of a Membercountry.The Act of Industrial Property does not contain detailed provisions in
this area and it is in compliance with the  jure conventions rule to the
Paris Convention.WT/ACC/807/9
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Under Paris, Article 4.a right of
priority is to be given an applicant for
a patent, for registration of a utilitymodel, an industrial design, or of atrademark who has filed theequivalent of a regular national filing
under the domestic legislation of a
Member country.  The periods ofpriority are to be 12 months forpatents and utility models, and 6months for industrial designs andtrademarks.  The Article discusses the
technical details of granting priority
in depth.A citizen of a member state of the International Union for Protection
of Industrial Property, that has duly lodged an application in one of
the member states of the Union, shall, upon his request, be entitled toa priority right in the Republic of Macedonia as of the day theapplication has been lodged, as follows: within twelve months for apatent, and within six months for a model, design or mark, as of the
date of lodging the first application.
Article 4bis states that patents
obtained for the same invention invarious members of the Paris Unionare independent of each other.The Act of Industrial Property does not contain detailed provisions in
this area and it is in compliance with the  jure conventions rule of theParis Convention.
Article 4ter requires that inventorshave the right to be named as such inthe patent.It is a moral right of the inventor to be indicated, in the application
and in the documents referring to the patent, model and design, as acreator.(Article 5 (1) and Article 53 of the Act of Industrial Property)
Under Article 4quater restrictions or
limitations on the sale of a patented
product or a product produced by apatented process cannot be thegrounds for refusing a patent orinvalidating one already issued.Under Article 5(A)(1), importation of
a patented product manufactured in a
Paris Union country cannot be thebasis of forfeiture of the patent.Article 5(A)(2) and (3) authorizecountries to use compulsory licensingas a means to prevent abuses, such as
the failure to work, but they may not
forfeit a patent unless the grant of acompulsory license would not besufficient to prevent the abuse.Proceedings for forfeiture or
revocation cannot be institute until
two years after the grant of the firstcompulsory license.There is nothing in the Act of the Industrial Property that would
permit a patent to be refused or invalidated based upon restrictions or
limitations on the sale of a patented product or a product produced bya patented process.
The request for granting a compulsory license may not be lodged
prior to the expiration of the term of four years as of the day of thesubmission of the application for a patent, i.e. prior to the expiration
of three years as of the day of the recognition of the patent, should
this term expire later (Article 117 AIP)
Industrial Property Protection Office, based on the opinion of the
relevant ministry competent for the activities in the area to which thecompulsory license refers to and Chamber of Commerce ofMacedonia, shall decide upon the request for granting a compulsory
license. (Article 116 AIP)
Should the aim fail to be reached by the issuance of a compulsory
license, upon request of the legal or natural person concerned, and byprior opinion of the Ministry competent for the field in which theinvention is to be used, a decision may be reached for termination of
the patent.
The request for termination of the patent may not be lodged before
the expiration of two years as of the date of the issuance of the firstcompulsory license. (Article 88 of AIP)WT/ACC/807/9
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Article 5(A)(4) prohibits application
for a compulsory license for failure to
work until four years have passedsince tile application was filed orthree years from date of grant and nocompulsory license is to be granted if
the patentee justifies the failure to
work.  Licenses are to be non-exclusive, and may not be transferredexcept with the enterprise or goodwillthat exploits the license.  Article 5(B)prohibits forfeiture of industrial
designs for failure to work or for
importing articles corresponding tothose that are protected.Should the patent be used for reaching unjustifiably high prices on
the market, or should the use of the invention protected by a patent be
in the interest of health defense, protection and promotion of humanenvironment and nature, or be of particular interest to a specificeconomic branch, a licence may be granted even before theexpiration of three years from the date of grant.(Art.118 AIP)
See answer under Article 5(A) 2 and 3
For industrial design there is no predicted compulsory license.
Article 5(C) prohibits cancellation of
a mark for unjustified non-use beforea reasonable period of time haspassed and permits the proprietor to
use differing elements that do not
diminish the distinctive character of amark without invalidating theregistration or diminishing theprotection granted the mark.Concurrent use of the mark by co-
proprietors is permitted so long as the
public is not misled.Should a holder of a trademark, due to justified reasons, fail to use
the trademark for the products or services to which it refers for morethat five years, following the date of entry of the trademark in theregistry book, or following the date when the trademark had been
used for the last time, a decision for cancellation of the trademark
may be passed upon request of an interested person. In the procedurefor cancellation of the trademark the holder of the trademark shall be
responsible to present proof for using the trademark. Article 89 (1)
A right to a collective mark may cease if used contrary to the general
regulation or agreement for collective trademarks.
Under Article 5(D), protection ofpatents, registered trademarks, andindustrial designs cannotThe Act of Industrial Property does not contain such provisions.
However, the Paris Convention is accordingly applied in conformitywith the rule jure conventions.
Article 5bis requires that a graceperiod of at least six months beprovided for the payment ofmaintenance fees for industrial
property, but a surcharge is
permissible.  Countries are authorizedto restore patents that lapsed for non-payment of fees.If maintenance fees are not paid in the set time period, they may be
paid within an additional three months period following the originaltime limit with a surcharge of 25%, or in an extended time period ofsix months following the date of expiration of the additional three
months period in a doubled amount. Article 90 (3) of the Law on
Administrative Fees
Article 5ter prohibits a Paris Memberfrom making use of patented devicesaboard a vessel, aircraft, of land
vehicle temporarily or accidentally in
the territory or the Member.There are no specific provisions in AIP.
Article 5quater requires that process
patent owners have all the rightsagainst an imported product producedby the patent process that they wouldhave with respect to products
manufactured at home.The Act of Industrial Property does not contain detailed provisions in
this area and it is in compliance with the jure conventions rule of theParis Convention.WT/ACC/807/9
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Article 5quinquies requires that Paris
Members protect industrial designs.A new external shape of some industrial or craft product, or its part,
shall be protected by a model. A new picture or drawing that may be
applied on certain industrial or craft product, or its part, shall beprotected by a design.
Photographic and cartographic works, technical plans and drawings
shall not be protected by a model or design. (Article 18 the Act on
Industrial Property).
Article 6 makes the conditions forfiling and registration of trademarks
subject to domestic legislation butalso makes filing and registrationindependent of those in othercountries, including the country oforigin.The Act on Industrial Property does not contain detailed provisions
on registration of trademarks in that sense. However, in compliance
with the jure conventions rule, reasons do not exist to reject or annultrademarks, should they not be registered in the country of origin.
Article 6bis requires parties, ex
officio if legally possible or at the
request of an interested party, torefuse to register or, for a period of atleast 5 years, to cancel theregistration of a trademarkconfusingly similar to a well-known
mark.  No time limit is placed on a
mark used in bad faith.A sign cannot be protected as a mark when it is similar to previously
protected sign of another person for the same or similar type of
goods, respectively services, if that similarity might confuse theaverage consumer. (Article 23 (8) of the Act of Industrial Property)
Article 6ter requires Members torefuse to register or to invalidate theregistration that includes, withoutauthorization, armorial bearings,flags, state emblems, official signs
and hallmarks, etc.  An exception is
provided for owners of rightsacquired in good faith before theConvention entered into force for thatcountry.A sign cannot be protected as a mark when it contains state or other
public coat of arms, flag or emblem, title or abbreviation of a name ofa certain country or international organization, as well as theirimitation, except when approved by the competent organ of therespective country or organization. (Article 23 (9) Act of Industrial
Property).
Article 6quater makes the assignment
of a mark valid if the portion of the
business or goodwill of the business
together with the exclusive right tomanufacture and sell the goodsbearing the mark is also transferred.The right for use of the mark may be waived only if at the same time
the technology providing the same quality of the goods and services
is waived or if the grantee of the license of the mark already has such
technology. (Art.110 (1) of the Act of Industrial Property).
Article 6quinquies requires thattrademarks duly registered in aMember be accepted for filing in
other Members, with certain
reservations, and establishes theconditions under which a trademarkmay be denied registration or may beinvalidated.This is not strictly regulated in the AIP, but it is in compliance with
the jure conventions rule of the Paris Convention.
Article 6sexties states that ParisMembers undertake" to protect
service marks without being required
to provide for their registration.Articles 2 and 21(1) of the Act of Industrial Property provide
protection of both trademarks and service marks.WT/ACC/807/9
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Article 6septies requires that
trademark owners be able to oppose
or request cancellation of aregistration of their trademarksapplied for by their agent orrepresentative without their
authorization "unless the agent or
representative justifies his action.The client may recall the authorization at any time, while the
authorized representative may cancel it at any time.
The recall, i.e. the cancellation of the authorization may be submitted
to the court/body which is running the procedure, either in written or
by word of mouth, in minutes.
The recall, i.e. the cancellation of the authorization shall be valid for
the opposing party from the moment of its announcement.
After the cancellation of the authorization, the authorized
representative shall be obligated for another month to perform theactivities for the person who issued the authorization, if it isnecessary to remove the damage, which could have happened at thattime. (Article 92 of the Law on Trial Procedure).
Article 7 states that the nature of thegoods to which a trademark is applied
may in no case be an obstacle to the
registration of the trademark.(Duplicate language is in TRIPSArticle 15.4.)The nature of the goods or services to which a trademark is to be
applied shall in no case form an obstacle to registration of the
trademark.
Article 7bis requires that Members
permit registration of collectivemarks belonging to associations the
existence of which is not contrary to
the law of the country of origin, evenwhere the association is notestablished in the country whereprotection is being sought.To the application for a collective mark, a general enactment or
agreement for a collective mark shall be enclosed. (Article 56 (1) ofthe Act on Industrial Property)
Article 8 requires that trade names beprotected by Members without the
necessity of registration, whether or
not the names are part of a trademark.A mark containing inscriptions, words or combinations of letters does
not deprive another person of the right to put on sale his goods or
services under the same inscription, words or combinations of letters,
if these inscriptions, words or combination of letters represent hisname, company or title, and have not been acquired in a dishonestmanner.
A person who at the time of filing of application for recognition of a
mark has a name, company and title identical with the mark of
another person, he/she may challenge that mark, for the same or
similar types of goods or services, except when the holder of the sealhad the same name, company or title at the time of the application.(Article 25 of the Act on Industrial Property)
This is not strictly regulated in the AIP, but it is in compliance with
the jure conventions rule of the Paris Convention.
Article 9 requires seizure onimportation or exclusion or goods
bearing a trademark or trade namewithout authorization, unless acountry's laws provide for neitherremedy, in which case domestic
actions and remedies must be
available.There are no specific provisions in the Law on Customs and in the
Act of industrial property..WT/ACC/807/9
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Article 10 applies the obligation of
Article 9 to the direct or indirect use
of false indications of source ofgoods, or false indication of theproducer, manufacturer, or merchantof such goods.The customs bodies control whether there is violation or misuse of
individual property rights at border crossings. This is carried out by
controlling whether the products are accompanied with certificates.
Article 10bis requires Members toprovide protection against unfair
competition, including against acts
that create confusion of various kindsabout the goods or activities of acompetitor, that consist of falseallegations about a competitor, or thatare apt to mislead the public
regarding a competitor's goods.Person that during regular practice uses the trademark of other
company or any special sign that may mislead the public in regard of
the company and the special sign legally used by other person may be
forbidden to use such sign.
Person having created confusion as stipulated in paragraph 1 of this
Article shall be claimed responsible for the damage done to thedamaged party, incase he/she was or must have been aware of thefact that such usage will mislead and confuse the public. (Article 12
- Law against Unfair Competition, Official Gazette of the Republic of
Macedonia 80/99).
Person giving statements for a wider circle of people, through a
public announcement or through other communication means, for thepurpose of creating an opinion of giving especially favorable offer,
particularly concerning: nature and origin of the products and
services, production means, prices or manner of establishing prices ofcertain trade products and trade services, also way of stocking orname of the supplier, achievement or possession of certain awards orappraisals, motive and reason of sales and quantity of the availableinventories, and at the same time being aware of the fact that such
statements contain fake information known to him/her and the
statements may fraud or mislead the public, will be penalized with acash fine of 50.000 to 250.000 denars or sentenced up to two years ofimprisonment.
If the fake statement, stipulated in the first paragraph of this Article
are announced by an employee, representative or authorized person,
also the proprietors and members of the administrative or supervisory
units will be penalized if they were aware or must have been aware ofthe acts and performances stipulated in paragraph 1 of this Article.(Article 15 - Law against Unfair Competition, Official Gazette of theRepublic of Macedonia 80/99).
Article 10ter requires that Membersundertake to assure to foreign
nationals effective legal remedies to
repress actions referred to in Articles9, 10 and 10bis, and to allowfederations and associationsrepresenting foreign businesses, onthe basis of reciprocity, to take action
in court and before administrative
authorities to repress such acts.Person without a registered head office within the territory of the
Republic of Macedonia and person that has achieved the status of
merchant abroad are entitled to protection according to the provisions
of Law against Unfair Competition only if the Macedonian merchantsand persons with registered head office within the territory of theRepublic of Macedonia use appropriate protection in the country ofthe registered head office of the foreigner or the country where he/shehas achieved the status of merchant. This is validated with the
certificate from the Ministry of Foreign Affairs.
(Article 24 - Law against Unfair Competition, Official Gazette of the
Republic of Macedonia 80/99).WT/ACC/807/9
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Article 11 requires that temporary
protection. consistent with domestic
legislation, be afforded to patentableinventions, utility models, industrialdesigns and trademarks in respect ofgoods exhibited at official or
officially recognized international
exhibitions held in their territory.A person who has exhibited an invention, a new shape of body,
picture or drawing or uses a specific sign for marking goods or
services at an officially recognized exhibition (fair) of internationalcharacter in the Republic of Macedonia or another member state ofthe International Union for Protection of Industrial Property may, byfiling an application within three months as of the day of closing of
the exhibition (fair), shall request the right of priority as of the first
day of its exhibition, i.e. the day of its use.
A written certificate shall be enclosed by the competent organ of the
member state of the International Union for Protection of IndustrialProperty, certifying that it is an officially recognized exhibition (fair)of international character, with data concerning the type of exhibition
(fair), the place it is to be held, the opening and closing dates and the
first day of its exhibition, i.e. use.
The certificate proving that the exhibition (fair) held in the Republic
of Macedonia is an officially  recognized exhibition (fair) of
international character shall be issued by the Chamber of Commerceof the Republic of Macedonia. (Article 49 of the Act on Industrial
Property)
Article 12 requires Members to
establish industrial property officesfor patents. Utility models, industrialdesigns and trademarks for thecommunication to the public throughpublication of a periodic journal of
the names of patent owners with a
brief designation of their inventions,and the reproduction of trademarks.The administrative procedure and other administrative affairs
regarding acquisition and protection of rights to industrial ownershipshall be carried out by the Industrial Property Protection Office of theRepublic of Macedonia.
The Office shall be an organ within the Ministry of Economy, having
a capacity of a legal person. (Article 7 of the Act of Industrial
Property).
The data regarding the right protecting industrial property, registered
in the registry book, shall be announced in the Official Gazette of theOffice. (Article 69.2. AIP)
Article 19 authorizes Members toenter into separate and specialindustrial property agreements among
themselves, so long as those
agreements do not contravene theprovisions of Paris.The Government of the Republic of Macedonia has signed
Agreement on co-operation in the field of Patents with the EuropeanPatent Organization. The Republic of Macedonia has also signed
bilateral agreements for co-cooperation with the Intellectual Property
Office of the Republic of Croatia and the bilateral agreements for co-cooperation with the Intellectual Property Office of the Republic ofSlovenia, but there are not contravene to the provisions of Paris..
Most favoured nation treatment, withenumerated exceptions.  Article 4.Pursuant to Article 9 of the Act on Industrial Property, foreign legal
entities and citizens shall enjoy the same rights pertaining toprotection of industrial property in the Republic of Macedonia, as
Macedonian legal entities and citizens, provided that this is in
compliance with international agreements and conventions and theprinciple of reciprocity.
Existence of reciprocity shall be proven by the person pleading
reciprocity.WT/ACC/807/9
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Trademarks Act of Industrial Property, Regulation for the recognition of the
mark right
Provide trademark or service mark
protection for any sign, orcombination of signs capable ofdistinguishing the goods or servicesof one undertaking from those ofother undertakings.  Article 15.1A trademark, respectively service mark (hereinafter “mark”), shall
protect a sign that serves in the turnover to make differentiationbetween goods, respectively services, of the same or similar type.(Article 21(1) of the Act of Industrial Property).
Only a sign convenient for making differentiations between goods,
respectively services, in the turnover, such as: picture, drawing,
word, expression, vignette, code, combination of these signs and
combination of colours, may be protected by a mark (Article22.1.AIP)
Not deny registration for a markbased solely on the nature of thegoods or services to which atrademark is to be applied.
Article 15.4.The nature of the goods or services to which a trademark is to be
applied shall in no case form an obstacle to registration of thetrademark.
Trademarks must be published beforeor shortly after registration to permitopposition or opportunity to apply forcancellation.  Article 15.5.The data referring to the right, which protects the industrial property
and registered in the registry book, shall be announced in the OfficialGazette of the Office. (Article 69 (2) of the Act on IndustrialProperty)
Provide trademark owners theexclusive right to preventunauthorized use identical or similarmarks for similar goods or services of
other parties if confusion is likely to
result.  Article 16.1The holder of the mark shall have exclusive right to use the mark in
turnover for marking his/her products, respectively services, whilethe user of the collective mark shall have the right to use that mark inaccordance with the general enactment or agreement on that mark.
The right stipulated in previous part shall include the use of the mark
on wrapping material, catalogues, advertising material, instructions,
advertisements, invoices and correspondence. (Article 37 2 and 3from AIP)
Presume confusion where an identicalmark is used without authorization onidentical goods or services.  Article
16.1.A sign cannot be protected as a mark when:
1. ...by its appearance or conten ts it may create confusion in
the turnover and specially to confuse the average consumer,
regarding its origin, type, quality or other properties of the goods,
respectively services; it is identical with previously protected sign ofanother person for the same or similar type of goods, respectivelyservices; it is similar to a previously protected sign of another personfor the same or similar type of goods, respectively services, if that
similarity might confuse the average consumer; ...
This answer is in connection with answer on Article 16.1
Provide protection for well know
trademarks and service marks inaccordance with Article 6bis, of theParis Convention, even where use ison goods or services which are notsimilar to those in respect of which a
trademark is registered if the latter
use would imply a connection withthe right holder or would be likely todamage the right holder's interests.Article 16.2 and .3.The protection of well-know trademarks and service marks is
provided in accordance with Art.6 
bis of the Paris Convention.WT/ACC/807/9
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Allow only limited exceptions to the
rights conferred by a trademark such
as fair use of descriptive terms.Article 17.A mark containing inscriptions, words or combination of letters does
not deprive another person of the right to put on sale his goods
respectively services under the same inscription, words orcombinations of letters, if these inscriptions, words or combination ofletters represent his name, company or title, and which have not beenacquired in a dishonest manner (Article 25 1) of AIP)
Provide a period of protection forregistration of at least seven years,
renewable indefinitely.  Article 18.Article 40 (2) of the Macedonian Act on Industrial Property provides
for a registration period of 10 years, renewable indefinitely.
Allow cancellation for non-use onlyafter a period of three years ofuninterrupted non-use unless validreasons exist for the non-use,including government interferencewith use.  Article 19.1.Should the holder of the mark fail to use, from justified reasons, the
mark for marking the products, respectively services, to which itrefers to, for more than five years from the date of the entry into theregistry book, i.e. from the date when the mark had been used for thelast time, a decision may be passed upon request of the personconcerned, for termination of the mark. The holder of the mark shall
be liable to present proof that s/he uses it, during the procedure
initiated upon request for termination of the mark.
No encumbering of the use of atrademark by special requirements.Article 20.The Act on Industrial Property does not impose such encumbering of
the use of trademark.
May establish conditions forlicensing but compulsory licensingnot permitted and owner of registeredmark must be able to assign it with or
without transfer of business.
Article 21.Compulsory licensing is allow only for the patents.
The right for use of the mark may be waived only if at the same time
the technology providing the same quality of the goods and servicesis waived or if the grantee of the license of the mark already has such
technology.
The Agreement concluded that does not comply with the previous
provision shall not procedure legal effect. (Article 110 of AIP)
Geographical Indications Act of Industrial Property, Provisions on the appellation of origin
Provide means to prevent deceptiveuse of Geographical indicationsidentifying location where a givenquality, reputation or other
characteristic of a good is attributable
to its location.  Article 22.1 and 2.
Refuse to register or invalidate
registrations of trademarks containinggeographical indications except ininstances in which such marks have
been used continuously for at least I 0
years or in good faith before 15 April1994.  Article 22.3In the AIP, there is a predicted appellation of origin as a kind of
protection.
The appellation of origin shall protect the geographic name of the
product, its special features being predominantly conditioned by the
place i.e. the region where it has been produces, if those features have
been gained by natural means, under the climate or soil or thecustomary manner and procedure, respectively manufacture (Article28 (1) of the Act on Industrial Property).
It marks only the type of goods or services, their use, the time or
manner of production, quality, price, quantity, width, the name of the
place, respectively the geographic origin. (Article 28 (2) of the Act
on Industrial Property).
There are no specific provisions in AIP and in the Regulations on
appellation of origin, but when there is request for declaring adecision for trade mark as invalidity filed from the interesting person,those conditions will be take into account
Protect against use of geographical
indications even when literally true
but which falsely represent that thegoods originate in another territory.Article 22.4There are no specific provisions in AIP and in the Regulations on
appellation of origin.WT/ACC/807/9
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Protect, with certain exceptions,
appellations or origin for wines and
spirits even against use accompaniedby expressions such as 'kind," type,""style," etc.  Article 23.1 and 24.An unauthorized legal or natural person cannot use the appellation of
origin even if it adds to this appellation of origin the words “of type”,
“by manner”, “by procedure” and similar (Article 34 of the Act onIndustrial Property).
Refuse or invalidate, with certainexceptions trademark registrationscontaining geographical indications
for wines and spirits if they do not
originate in the place named.  Article23.2 and 24.There are no specific provisions in AIP and in the Regulations on
appellation of origin, but when there is request for declaring adecision for trade mark as invalidity filed from the interesting person,
those conditions will be take into account  .
Industrial Designs Act of Industrial Pr operty, Provisions on the recognition of
model and design
Provide, with certain exceptions,protection for new or original,independently created industrial
designs.  Article 25.1.A new external shape of some industrial or craft product, or its part,
shall be protected by a model.
A new picture or drawing which may be applied on some industrial
or craft product, or its part, shall be protected by a design.
Photographic and cartographic works, technical plans and drawings,
shall not be protected by a model or design.
(Article 18 of the Act on Industrial Property)
Ensure that requirements for securing
protection for textile designs are notprohibitive of such protection.Article 25.2.There are no specific requirements for securing protection of textile
designs
Protection should last at least 10
years.The model and design registration shall last 10 years, as of the day
the application for a model or design has been lodged.
Patents Act on Industrial Property, provisions on the recognition of the
patent
Provide patents for any inventions,whether products or processes, in allfields of technology if they are new,involve an inventive step and areindustrially applicable.  Exceptionsare permitted for plants and animals,
except for microorganisms and non-
biological and microbiologicalprocesses.  Exemptions are alsopermitted for reasons of order publicand morality.  Article 27.Invention representing new technical solution for certain problem,
new sort of plant and hybrid resulting from creative work, which istechnically viable and which could be applied in industrial or othertype of activity, shall be protected by a patent.
.A patent shall not protect:1) an invention the announcement or use being contrary to the law
or moral
2) an invention of surgical or diagnostic procedure of a treatment
procedure directly applied on live human or animal body. Thisprovision shall not refer to products, and especially not tomatters or mixtures used for the application of one of these
methods.
(Article 16 of the Act on Industrial Property)WT/ACC/807/9
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Provide patent owners with the right
to prevent others from making, using,
offering for sale, selling or importinga patented product or from using apatent process or using, offering forsale, selling or importing a product
produced directly using such process.
Article 28.1.The patent owners shall have an exclusive right to use a protected
invention, in the production process, to offer it for sale on the market,
to dispose with the patent in the production process or on the marketto third parties, who do not have a permit for that use from him/her.
(Article 35 of the Act on Industrial Property).
Give patent owners the right to assign
the rights in the patent, or transfer therights by succession, or license them.Article 28.2The holder of a patent, in accordance wit AIP and other regulations,
can assign his rights to another person, or authorize him/her, entirelyor partially. (Article 107 -112).
Require applicants to disclose theinvention so that one skilled in the artcan carry it out and may require
indication of the best mode and
information on corresponding foreignapplications.  Article 29.Disclosure of the inventions shall be in a manner sufficiently clear
and complete for an average skilled person in the art to be able tounderstand it without further investigations. Art. 6 (2) of the
Regulation on Recognition of Patents
Ensure that any exceptions to
exclusive patent rights do notunreasonably conflict with normalexploitation of the patent and do not
unreasonably prejudice the legitimate
interests of the patent owner, takingthird party interests into account.Article 30.In the cases of granting compulsory licence and official licence there
are exceptions to exclusive patent right. (Article 113 through 119).
Compulsory licenses can be issuedonly when enumerated conditions aremet, including such things as notice,
remuneration, limitations on use and
transfer of the license, etc.Article 3 1.Should the holder of the patent, himself or through someone else, fail
to use or insufficiently uses the invention protected by patent in theRepublic of Macedonia, the right to use may be granted to another
person, with an obligation to pay compensation to the holder of the
patent (compulsory license).
It shall be considered that the invention is not used, i.e. that it is
insufficiently used in the Republic of Macedonia if:
1) the holder of the patent refuses to renounce the right to other
persons of using the protected invention or imposes unjustified
conditions;
2) in the Republic of Macedonia the demand for objects produced
in accordance with the protected invention is satisfied to agreater extent with imports or the imports of these objectsdisables or prevents their industrial production in the Republic ofMacedonia.
A compulsory license may be granted to a legal or natural person that
can present a proof that it has technological possibilities andproduction capacities required for use of the invention protected by apatent.
A compulsory license shall not be granted if the holder of the patent
proves that there are legal reasons that justify the non-use or
insufficient use of the invention protected by a patent.
(Article 113 of the Act of Industrial Property)A compulsory license may also be granted if the invention protectedWT/ACC/807/9
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by a patent cannot be used entirely or partially without using some
invention protected by a previous patent, while the invention made
later, which represents a more important technical progress, is ofparticular importance to the economy or for satisfying the generalneeds.
Should the compulsory license be granted in accordance with the
provision set forth in paragraph 1 of this Article, the holder of the
previous patent may request a compulsory license for use of theinvention protected by a patent later.
(Article 114 of the Act of Industrial Property)
Provide an opportunity for judicial
review of decisions to revoke orforfeit a patent.  Article 32.Articles 91 through 93 of the Act of Industrial Property set forth
conditions for invalidity of a patent.
See answer in Article 41.4.
Provide a patent term of at least 20
years from the filing date.  Article 33.Article 40 of the Act of Industrial Property provides for a patent term
of 20 years from filling date.
Shift the burden of proof in process
patent infringement actions to the
defendant in instances in which tileproduct produced by the process isnew or where it is substantially likelythat the identical product was madeusing the process and the patent
owner has been unable through
reasonable efforts to determine theprocess used.  Article 34.Each party shall be obligated to pr esent facts and to suggest evidence
on the basis of which s/he establishes his/her request or with which
s/he denies the evidence and proofs of the opposing party. (Article204 paragraph 1 - Law on Trial Procedure).
If the court cannot appropriately determine a certain fact on the basis
of the presented evidence, the existence of the fact shall be proved byapplying the burden of the proof. (Article 207 – Law on Trial
Procedure).
Integrated-Circuit Layout Designs Law on Layout Designs of Integrated Circuits
Provide protection for original layout
designs of integrated circuits that areregistered or have been commerciallyexploited anywhere in the world.Articles 3, 4, 5, and 7 of the
Washington Treaty as incorporated
into TRIPS by Article 35.Topography shall be protected if it is original. A topography is
considered to be original if it is the result of its creator’s ownintellectual effort and was no common place in the semiconductorindustry when it was created.
Where a topography consist of elements that are common place in the
respective industry, only the combination of this elements shall be
protected, provided that it fulfils the conditions relating to originality,as provided in paragraph 2. (Article 8 of the Macedonian Law onProtection of Topographies [layout designs] of Integrated Circuits)
Make unlawful, except in certaincircumstances, the reproduction,importation, sale or other distribution
of a protected layout design or an
integrated circuit embodying suchdesign or an article containing such amicrocircuit.  Article 6 ofWashington and Article 36 of TRIPS.The holder of the protected topography shall be granted exclusive
rights of commercial exploitation including the right to authorize orprohibit any of the following acts:
- reproduction of the topography by any means or in any form.
- Importation, sale or other form of distribution of the topography
or integrated circuits incorporating the respective topography orproducts that include integrated circuits incorporating therespective topography.
The exclusive rights referred to in paragraph 1 shall not extend to any
concept; process, system or technical embodied in the topography
other than the topography itself. (Article 9 of the Law on Protectionof Topographies [layout designs] of Integrated Circuits).WT/ACC/807/9
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Provide such protection for a term of
I 0 years from the films, of an
application for registration or fromfirst commercial exploitation.  Article38. An exclusive right shall cease to exist upon expiration of a ten year
period from the earlier of the following dates:
- the end of the calendar year in which the topography is first
commercially exploited anywhere in the world; or
the end of the calendar year in which the application has been filed in
due form. (Article 10 (3) of the Law on Protection of Topographies
[layout designs] of Integrated Circuits).
Undisclosed Information
Provide protection for undisclosedinformation that is secret (not
generally known or readilyascertainable); has commercial valuebecause of its secrecy, and has beensubject to reasonable steps to keep itsecret.  Article 39.2.There is no separate Law on undisclosed information, trade secrets
and text data.
The protection of undisclosed information is provided in Articles 31,
34 and 37 of the Law on Trade (Official Gazette 23/95, 30/95, 43/95,23/99, 43/99), the Law against Unfair Competition (Official Gazette80/99) and Articles 23-24 of the Law Against Limiting theCompetition (Official Gazette 80/99).
Person, who will announce, give or in any other way deliver to an
unauthorized person data, which ar e confidential according to law, as
well as the person who collect such data, shall be penalized withimprisonment from 1 to 5 years.
 Person, who will announce, give or in any other way deliver to an
unauthorized person data, which are confidential according to a
regulation or a decision by an authorized administrative body, if the
reveal of this data have caused or may cause damage, as well as theperson who collect such data with the intention to deliver them to anunauthorized person shall be penalized with imprisonment from threemonths to three years.
If the data pertaining to paragraph 1 and 2 are of extreme importance
or if the disclosure or collection of data has been done for the purposeof presenting them abroad, or if the person who has done this actreceived bribe, s/he shall be penalized with imprisonment from 1 to10 years.
Article 281 of the Criminal Code (Official Gazette 37/96).
Enforcement Act on Industrial Propert y, Law on General Administrative
Procedures, Law on Criminal Procedures  (Official Gazette
15/97) Law on Trial Procedures (Official Gazette 33/98),
Criminal Code (Official Gazette 37/96)
Provide for effective action againstinfringement of intellectual propertyrights without creating barriers tolegitimate trade or opportunities forabuse.  Article 41.1Any illegal use in the production and trade with protected inventions,
shape of body, picture or drawing, or in the trade with protected signsor geographic names of a product, or illegal use of a patent, model ordesign, mark or appellation of origin, shall be considered asinfringement of the right by which industrial property is protected.
The imitation of a model, design, mark and appellation, shall also be
considered infringement thereof.
It shall be considered that an imitation, as set forth in paragraph 2 of
this Article exists if an average buyer, or an average user of services,regardless of the type of the goods and services, perceives the
difference only by paying special attention, or if the mark or
appellation is a translation, transcription or transliteration of themark. (Article 95 of the Act of Industrial Property).WT/ACC/807/9
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In the Criminal Code, there are:
Unauthorized Use of Else's Company Name (Articles 285 of the
Criminal Code)
1) The person who will use else's company name, mark or
trademark or special mark of goods, origin of goods or serviceswith invention to false buyers or consumers of services, will be
punished with penalty or prison sentence up to three years.
2) The person who will use unauthorized else's models or will
make trade with products produced on the basic of those modelswith intention to false buyers, will be punished with thepunishment prescribed in the Paragraph 1.
3) Goods prescribed in Paragraphs 1 and 2 will be derived.
Unauthorized Using of Else's Invention (Articles 286 of the Criminal
Code)
1) The person who will unauthorized use, publish, rent or transfer
else's applied or registered invention, with penalty or prisonsentence up to three years.
2) The goods will be derived.
3) The prosecution is upon proposal.
Falsify of marks and designation of goods, measures and weight
(Articles 272 of the Criminal Code)
1) The person who will produce false marks with intention to use
those as real, for designation domestic or foreign goods, asseals, marks or measures for designating gold, silver, livestock,
wood or other goods or will false real marks or will use false
marks as real, will be punished with prison sentence from threemonths to five years.
2) The person who will falsify measures or weights will be
punished with the punishment prescribed in the Paragraph 1.
3) The person will unauthorized make, purchase, sell or rent the
assets for producing marks for designating the livestock, as wellas false measures and weights, will be punished with penalty orwith prison sentence up to three years.
4) The false marks, measures and weights, as well as the means for
producing those will be confiscated
The procedure against infringement of intellectual property rights
falls in the venue of the first instance Court.
In all the procedures there is transparency of information and the
legal regulations, as well as openness in the work of the bodies.
There is a tendency to provide an d increase the efficient protection
(prevention) through education of economic entities, judges,
employees in various institutions, etc.WT/ACC/807/9
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Provide enforcement procedures that
are fair and equitable and are not
unnecessarily complicated or costlyand do not entail unreasonable timelimits or unwarranted delays.  Article41.2The protection of industrial property is provided for in compliance
with the principles of legality and economical operations contained in
the Law on Trial Procedures, Law on Criminal Procedures and theLaw on General Administrative Procedures.
The Law on Criminal Procedure (hereinafter: LCP) anticipates the
following basic principles: the accused person for a criminal act shall
be considered as innocent until the guilt is proven on the basis of fact
which the court determines in a favorable manner for the accused-presumption of innocence (Article 2), the accused person needs to benotified about the reason for which the procedure has been initiatedagainst him/her in the language which s/he understands (Article 3),the accused person shall have  a  right to a just and public trial in a
reasonable time period  (Article 4), it is prohibited and punishable to
elicit confession (Article 10), the procedure shall be carried withoutdelay (Article 13), the obligation of the court and other state bodiesfor a truthful and complete determination of facts (Article 14),evolution of evidence shall not be related or limited with specialformal evidence rules (Article 15), etc.
Provisions regarding the criminal procedure shall be applied in the
misdemeanor procedure, as well.
The Law on Trial Procedure (her einafter LTP) anticipated the
following basic principles: determination of limits of the request(Article 2), the parties may freely dispose with the requests (Article3) the court shall decide upon the complaint request orally,
immediately and in public (Article 4), an opportunity for each party
to express its opinion upon requests of the other party (Article 5), anobligation of the court for complete and honest determination of thedisputable facts and evaluation of evidence (Article 7), the court shallbe obligated to carry out the procedure without delay and with the
least expenses (Article 10), education an ignorant party about the
possibilities  for initiating trial procedures (Article 11), etc.
The Law on General Administrative Procedure (hereinafter LGAP)
anticipates the following basic principles: solving the problemaccording to law (Article 4), provision for protecting the citizens andpublic interest (Article 5), efficien t realization of the rights (Article
6), determination of the real conditions by analyzing all the facts
(Article 7), guaranteed opportunity for the parties to express theiropinion about the facts and circumstances (Article 8), the procedureto be carried out with the least expenses ( Article 13), providingassistance to ignorant parties for the purpose of protecting his/herrights, that belong to him/her according to law (Article 14), etc.WT/ACC/807/9
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Provide decisions on the merits based
upon the evidence presented in the
case to the parties, preferably inwriting with the reasons explained.Article 41.3.Pursuant to this Law, the verdict shall be pronounced and published
(Article 337), the court shall base the verdict only on facts and
evidence presented at the main hearing (Article 339), the publishedverdict shall be prepared in written term of 8 days from the date of itspublishing, or if more complex in term of 15 days (Article 347), theverdict needs to contain introduction, disposition/statement and
explanation (Article 348).
Pursuant to the Law on Trial Procedure, the verdict shall be
pronounced and published (Article 321), the announced verdict shallbe prepared in written in term of 8 days from the day of itspublication (Article 323), the verdict needs to contain anintroduction, statement (disposition) and explanation (Article 324).
Pursuant to the LGAP, the authorized body shall make a decision
(Article 202) and it shall be in a written form and shall contain: anintroduction, statement (disposition) and explanation (Article 206).The procedure shall be administered while the decision shall be madeand submitted to the party in term of 60 days, unless otherwiseprovided by law.
Provide for appeals to judicial bodies
of final administrative decisions and
of at least the legal aspects of initialjudicial decisions on the merits of acase.  Article 41.4.Against the decision reached in second instance by the Ministry of
Economy an administrative dispute may be initiated (Law on
Administrative Disputes; Official Gazette of SFRY 4/77 and 36/77).
An administrative dispute is initiated within 30 days following the
receipt of the second instance decision by filling a complaint(Articles 23 and 24 of the Law on Administrative Disputes)
The complaint is filed with the Supreme Court of the Republic of
Macedonia, being the organ in charge for resolution of disputes in the
Republic of Macedonia (Article 3 paragraph 1 of the Law onAdministrative Disputes)
As a rule, the complaint shall not postpone the enforcement of the
second instance decision (Article 17 paragraph 1 of the Law onAdministrative Disputes).
In compliance with Article 350 of LCP, it is anticipated a right on
complaint in term of 15 days from the submission of the verdict uponwhich the second instance court shall decide (the Appellate Court).
Also, some extra legal remedies have been anticipated upon an
effective verdict, such as: repetition of criminal procedure (Article
388-398) and decision of the first instance court; Extraordinary
alleviation of the punishment (Article 399-402) upon Supreme Courtshall decide.
Demand for protection of the Law (Article 403-410) upon which the
Supreme Court shall decide and request for extraordinary check ofthe effective verdict (article 411-415) upon which the Supreme Court
shall decide.
Pursuant to Article 75 of the Law on Misdemeanor (hereinafter LM)
an appeal may   be filed to a second instance court (Appellate)against a verdict and decision of first instance. Extraordinary legalremedies are the following: Demand for repetition of misdemeanorprocedure and Demand for protection of law.
Pursuant to Article 334 of the LTP a right on an appeal is anticipated
in term of 15 days from the day of submission of the verdict uponWT/ACC/807/9
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which the second instance court shall decide (Appellate)
Extraordinary remedies are: Revision (article 368-386) upon which
the Supreme Court shall decide; Demand for protection of the law(Article 387-394) upon which Supreme Court shall decide andRepetition of Procedure (Article 395-402) upon which the Firstinstance Court shall decide).
In the criminal procedure, in a case when the defendants are
pronounced as not guilty, there is no possibility for revision and theverdict is final, which means that the principle ne bis in idem isapplied
Civil and Administrative
Procedures and Remedies
Provide a procedure that allowsplaintiffs to bring an action forinfringement; requires that
defendants be notified; permits both
sides to present evidence in supportof their position; and protectsconfidential information.  Article 42The inventor, his successor or any other legal successor may, by
lodging action to the competent court, request that the court declarehim as holder of the patent during the entire duration of the patent, if
the patent is issued in the name of a person who is not an inventor,
his successor or any other legal successor.
The author of the design or model, his successor or other legal
successor, may, by lodging action to the competent court, requestcancellation of the right for design or model and the court to proclaimhim as holder of the right, in case it had been granted to another
person who is not the author or his legal successor. (Article 100 of
the Act on Industrial Property)
A legal or natural person may, by lodging an action, request from the
court that has venue to determine that the sign used in trade formarking the goods or services, is identical or similar to the mark used
by another legal or natural person for marking their goods or
services, and that this sign had been generally known as the sign ofthe goods or services, of the claimer even before the defendant hadsubmitted an application for the mark. The claimer may request thatthe court passes a decision proclaiming him as holder of the mark.
The court shall not accept contesting pursuant to paragraph 1 of this
Article should the defendant-holder of the mark prove that he has
used the disputable sign for the same or similar type of goods orservices, even before the lodging of the action, for the same period oftime as the claimer, or longer. The action from paragraph 1 of thisArticle may not be lodged after the expiration of five years from theday of registration of the mark in the Registry for Marks. (Article 101
of the Act on Industrial Property)
In compliance with Article 5 of this Act, the inventor, that is the
author, may, by lodging an action to the court that has venue, requestthat his/her right be entered in the application and in all thedocuments.
After the death of the inventor, that is the author; his/her successors
shall have the right to lodge an action. (Article 104 of the Act on
Industrial Property)
The necessary evidence shall be enclosed to the Proposed for
declaring the decision as invalid. (Article 92.2. of the Act onIndustrial Property)
Article 159 of the Law on Administrative Procedures permits bothWT/ACC/807/9
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sides to present evidence to support the infringement.
The procedure pertaining to infringement of industrial property is
conducted before the courts in first instance; the rules of the civil andthe criminal procedures apply.
The right holders shall have a right to a defense attorney (Article 63
of the Law on Criminal Procedure) and a legal representative (Article
10 of the Law on Industrial Property)
Authorize judges to order productionof evidence necessary to substantiate
a party's claims where that party hasbeen unable to obtain such evidencefrom the opposing party.  Article 43.1.In the civil and the criminal procedur es judges are authorized to order
expert examination and provision of other evidence, and in
administrative procedure the organ is authorized, as well
LTP (Article 204 thro ugh 261)
LCP (Article 198 through 252)LGAP (Article 159 through 201)Submission of evidence (right to an answer) to the opposite party is
provided in all procedures.
Authorize judges to enjoin a
defendant, except the government,from infringing intellectual propertyrights.  Article 44. 1.Interim measures –  the Law on Enforcement Procedure Articles 263
– 276 (see Annex).
Authorize judges to order thepayment of monetary damagesadequate to compensate for the injury
done by the infringement.  Article
45.1The Court awards compensation for infringement of industrial
property rights according to the general rule for compensation ofinfringement.
When deciding on the claim for payment of punitive damages of this,
and determining the amount thereof, the court shall take into accountall the circumstances of the case, and in particular the degree ofculpability of the infringer, the amount of agreed or customaryremuneration, as well as the preventive purpose of the penalty.
In a case of infringement of moral right and in absence of pecuniary
damage, the court may award an author or holder of the right
equitable monetary indemnity for the infringement of his personality,honour and reputation, or non- pecuniary damage, if finds thatcircumstances of the case, and especially the degree of damage andits duration, justify this. (from the Law on Obligations).
Authorize judges to order infringer topay right holders enforcement costs
and recovery of profits and/or
statutory damages.  Article 45.2.Pursuant to article 143 paragraph 1 of the LCRR, the party will
completely lose the trial shall be obligated to compensate the
expenses to the opposite party and the other parties involved in the
trial, which also includes the reward for the attorneys, in compliancewith the Remuneration Scale for Attorneys' Services and otheranticipated by the Law.
Authorize additional remediesincluding seizure of infringing goods,and the materials and implements the
predominant use of which is
infringement.  Article 46.Pursuant to article 104 tro ugh 106 of the AIP, the inventor
respectively author, may request, by lodging an action to thecompetent court, his right to be entered in the application and in all
the documents.
The claimer may request that the legal validity judgment, passed in
the suit in favor of the inventor, respectively author, be announced inpublic on account of the defendant and may also requestcompensation of non-material damage.WT/ACC/807/9
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Authorize indemnification of
defendant, including attorneys' fees in
the event of abuse by plaintiffs.Article 48.1.The quoted decision pertaining to 45.2 paragraph 1 shall apply
mutates mutandis.
Exempt public authorities and
officials from liability in connectionwith the administration of intellectualproperty laws only where the actions
are taken or intended in good faith
within the scope of tile relevantauthority.  Article 48.2.Public authorities and officials shall not be liable if they have been
working in compliance with law (principles of: integrity,conscientiousness, and free evaluation of evidence).
Ensure that administrative remediesconform to the principles in thepreceding Articles.  Article 49.Already answered in 41.2.
- Provisional Measures
Authorize judges to grant temporary
restraining orders and provisionalrelief to prevent infringement and to
preserve evidence.  Article 50.1.Articles 263 through 276 of the Law on Enforcement Procedure.
Authorize judges to require the
complaining party to indemnify thedefending party against harm if thedecision on the merits finds theprovisional relief unjustified.  Article50.3.Already answered in the previous part.
Provide for notice, for formal action
by the plaintiff after temporary
restraining orders, etc.  Article 50.4+.Already answered in the previous part
- Border Measures
Provide for suspension of release by
customs authorities of goodssuspected of bearing a counterfeittrademark or of being a piraticalcopyrighted work, either at therequest of a right holder.  Members
are authorized to extend such
protection to holders of other formsof intellectual property, Article 51There are no specific provisions in the Customs Code and in Act of
Industrial Property.
Measures that may be taken for protection of industrial property
rights by customs authorities are provided in Article 9 and 10 of ParisConventions; such measures comply with the principle jureconventions. The said measures are implemented upon request of the
holder of the right or the user of the licence.
The properties of the safeguards are also characteristic of the customs
measures provided into the part of provisional measures, but customsmeasures are carried out by a customs body. The said measures arecancelled within 10 days, unless the holder of the right files acomplaint or initiates another procedure for implementation of other
measures.
The customs authorities, the market inspectorate, the police and
public prosecutor take measures to prevent infringement of industrialproperty right. Upon notification by the holder of the industrialproperty right that a right of industrial property has been infringed,
the Office for Protection of Industrial Property files a complaint for
infringement, that is a complaint for commercial offence, with thecourt that has venue.WT/ACC/807/9
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Require right holders initiating border
measures to provide evidence of a
prima facie infringement and adescription of tile goods sufficient forcustoms authorities to recognizethem.  The right holder must be
notified within a reasonable time is
action will be taken on his behalf.Article 52See answer in Article 51.
Authorize authorities to require the
right holder requesting bordermeasures to post a bond sufficient toprotect the defendant and to preventabuse.  Article 53See answer in Article 51.
Requires prompt notification of the
right holder and the importer when
action under Article 51 is taken.Article 54See answer in Article 51.
Requires that customs authorities be
notified within a maximum of 20days of the receipt of notice thatproceedings on the merits have begun
or the suspension is to be revoked.
Article 55See answer in Article 51.
Authorities must be authorized to
require the right holder tocompensate the importer or owner ofthe goods subject to border measuresif goods were wrongfully detained or
if proceedings leading to a decision
on the merits are not begun withintile allotted time.  Article 56.See answer in Article 51.
Right holders must be allowed to
inspect the detained goods in order tosubstantiate the right holder's claims.Importers must be given similar
authority.  Members may give the
right holder the names and addressesof those involved in the importationwhen infringement is found to exist.Article 57.See answer in Article 51.
Establishes the conditions that must
be in place if customs authorities areauthorized to act ex officio, including
the ability to ask the right holder for
information at any time; therequirement to notify the importerpromptly of the suspension; and therequirement that public officials be
liable if they act in bad faith.
Article 58See answer in Article 51.WT/ACC/807/9
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Competent authorities must be able to
order destruction or disposal other
than by re-export of infringing goodswhere appropriate.  Article 59See answer in Article 51.
Members are authorized to except
from border measures smallquantities of infringing goods of anon-commercial nature carried in
personal luggage or shipped in small
consignments.  Article 60See answer in Article 51.
- Criminal Procedures
Provide criminal procedures and
penalties, sufficient to act as adeterrent, for willful trademarkcounterfeiting or copyright piracy ona commercial scale.  Authorizes
extension of criminal actions to other
forms of intellectual property whereinfringements are willful and on acommercial scale.  Article 61.The Criminal Code of the Republic of Macedonia governs the
following criminal offences: unauthorized use of else's companyname  (Articles 285),
1) The person who will use else's company name, mark or
trademark or special mark of goods, origin of goods or serviceswith invention to false buyers or consumers of services, will bepunished with penalty or prison sentence up to three years.
2) The person who will use unauthorized else's models or will
make trade with products produced on the basic of those modelswith intention to false buyers, will be punished with the
punishment prescribed in the Paragraph 1.
3) Goods prescribed in Paragraphs 1 and 2 will be derived.
Unauthorized Using of Else's Invention (Articles 286 of the Criminal
Code)
1) The person who will unauthorized use, publish, rent or transfer
else's applied or registered invention, with penalty or prison
sentence up to three years.
2) The goods will be derived.4) The prosecution is upon proposal.
Falsify of marks and designation of goods, measures and weight
(Articles 272 of the Criminal Code)
1) The person who will produce false marks with intention to use
those as real, for designation domestic or foreign goods, asseals, marks or measures for designating gold, silver, livestock,wood or other goods or will false real marks or will use falsemarks as real, will be punished with prison sentence from three
months to five years.
2) The person who will falsify measures or weights will be
punished with the punishment prescribed in the Paragraph 1.
4) The person will unauthorized make, purchase, sell or rent the
assets for producing marks for designating the livestock, as well
as false measures and weights, will be punished with penalty orwith prison sentence up to three years.
5) The false marks, measures and weights, as well as the means for
producing those will be confiscated.
The Public Prosecutor acts ex officio and prosecutes the persons
committing such criminal offences.WT/ACC/807/9
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Copyright and Related Rights Law on Copyright and Related Rights (Offi cial Gazette of the
Republic of Macedonia no. 47/96 and 3/98) (LCRR)
Compliance with Articles 1 through21of the Berne Convention with theexception of Article 6
bis, Article 9.1.The Republic of Macedonia is a member of the Berne Convention –
Paris Act from 1971 (from 8 September 1991 on the basis of thesuccession of the former SFRY)
Article 2 defines "literary and artisticworks" as "every production in theliterary, scientific and artistic domain
whatever may be the mode or form of
its expression", giving examples.
Limitations related to speeches are
provided in Article 2bis.Pursuant to the Law on Copyright and Related Rights, a copyright
work is defined as an individual and intellectual creation in the fieldof literature, science and art, regardless of the type, manner and form
of expression.  As a copyright work it shall be considered in
particular the following: a written work such as a literary work,article, essay, manual, brochure, scie ntific study, treatise and the like;
a computer program as a literary work; a spoken work such as anaddress, sermon, lecture and the like; a musical work with or withoutwords; a dramatic, dramatic-musical work and work of puppetry; a
choreographic work and work of pantomime fixed on a material
medium; a photographic work and work produced in a manneranalogous to photography; a work of fine art such as painting,graphic, sculpture and the like; an architectural work; a work ofapplied art and design; a cartographic work, plan, sketch, technicaldrawing, project table, plastic work and other work of identical or
similar character in the domain of geography, topography,
architecture or other scientific, educational, technical or artistic
nature (Article 3).  Component parts and the title of a copyright workare individual intellectual creations by themselves and shall enjoy thesame protection as the work itself.  It shall not be permitted to use for
the title of a copyright work a title that has already been used for a
work of the same type, if that title would create or lead to confusionin respect of the copyright work  (Article 4).  The modification of acopyright work, other work or a work of folk literature and folk artthat is an individual and intellectua l creation shall be considered as an
independent copyright work.  The modification of a copyright work
that in any way affects the rights of the author of the original work
shall not be permitted (Article 6).  A collection of copyright works,works of folk literature and folk art, other works or materials such asencyclopaedia, anthology, miscellany, database, collection ofdocuments and other collections wh ich, according to the selection,
purpose or arrangement of their contents, constitute individual and
intellectual creations shall be an independent copyright work.  The
inclusion of an original work in a collection may not infringe theauthor’s rights in such work.  The inclusion of other works or othermaterials in a collection shall not make such work or other material acopyright work (Article 7).
For the purpose of acquiring information of general significance,
disclosure shall be free for works that are seen or heard during
reports on daily events, public political speeches, public speechesbefore the State, religious or other bodies and daily news and pressinformation (Chapter II. Section 4 – Limitation of Economic Rights,Subsection 2 – Free Use).
Article 3 requires that protection beprovided to the works of authors who
are nationals of Berne Union
members and to works of nationals ofnon-Union countries if those worksPursuant to Chapter VIII – Scope of Application of the Law authors
and holders of related rights who are nationals of the Republic of
Macedonia or have their headquarters in the Republic of Macedonia
shall enjoy protection according to this Law.  Foreign natural and
legal entities, according to the principle of national treatment shallWT/ACC/807/9
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are published in a Union member
simultaneously with publication in
the non-Union country.enjoy the same protection of copyright and related rights as the
domestic entities if that is provided for by an international treaty, or
by this Law or where factual reciprocity exists.  In any case andregardless of other provisions of the LCRR, foreigners shall enjoyprotection of their moral rights in all cases and with respect to theresale royalty only where factual reciprocity exists. Reciprocity shall
be proved by the person who bases his/her claim thereon (Article
171).
Protection under this Law shall be enjoyed by foreign authors who
are domiciled in the Republic of Macedonia; of works first disclosedin the Republic of Macedonia or disclosed in the Republic ofMacedonia within 30 days of having been disclosed in another
country.  If the copyright work has been created by several authors,
the protection pursuant to this Law shall be enjoyed by all of them ifat least one of them meets one of the conditions mentioned above -Article 171, paragraph 1, items 1 and 2, and paragraph 2.
Authors and holders of related rights who have no citizenship or
whose citizenship cannot be determined – stateless persons – still
enjoy the same protection under this Law as the citizens of the
Republic of Macedonia if they are domiciled in the Republic.  Ifthese are not fulfilled, they shall enjoy the same protection as thecitizens of the State in which they have a domicile or a necessaryresidence.  Foreign authors and foreign holders of related rightshaving the status of refugees under international agreements or the
regulations of the Republic of Macedonia shall enjoy the same rights
as the stateless persons (Article 178).
Article 4 requires that protection beprovided  for cinematographic worksnot falling under Article 3 if themaker has a headquarters or habitualresidence in a Union member and to
works of architecture or artistic
works incorporated into a building orstructure in a Union member.Protection under this Law shall be enjoyed by foreign authors of
audiovisual works whose producer has his headquarters or domicilein the Republic of Macedonia; and of work of architecture or fine artas an immovable property or its integral part located on the territoryof the Republic of Macedonia. If the copyright work has been created
by several authors, the protection according to this Law shall be
enjoyed by all of them if at least one of them meets one of theconditions mentioned above (Article 172, paragraph 1, items 3 and 4,and paragraph 2).
Provisions under Article 171 are general and refer to all cases of
protection under the LCRR (Chapter VIII – Scope of Application of
the Law, Articles 171 – 178).WT/ACC/807/9
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Article 5 requires that authors enjoy
the rights required by Berne and any
other rights a country provides workson a national treatment basis withoutbeing subject to any formalities.The LCRR determines all the moral, economic and other rights of
authors that are arranged by the Berne Convention, which may be seen
from the answers on the previous and following questions of theMemorandum.
The provisions for transfer of rights in a written form may be considered
as legal and copyright formality. The author may assign certain
economic and other rights to other persons either by contract or in
another legal manner unless otherwise provided by this Law. Theassignment of economic or other rights shall be carried out in awritten form, unless otherwise provided by the Law. An assignmentcontract that is not concluded in a written form shall not have legaleffect. Disputed or dubious provisions of the contracts from this
Article, paragraph 1, shall be interpreted in the interest of the author
(Article 57). The provisions concerning author's contracts in writtenform from Article 57 of this Law do not refer to the contract fordisclosing articles, drawings or texts in magazines, reviews or otherdaily or periodical press (Article 58).  In this case, although writtencontracts are not obligatory, the right on copyright remuneration as a
right and obligation shall be applied. Legal entities that issue daily
and periodical press shall determine the issues about the manner ofpayment and the amount of copyright remuneration with their generalacts or collective agreements.
Regarding the contracts for assignment of rights in written form
concluded between domestic and foreign natural or legal entities in a
foreign language, a court certified translation in Macedonian
language shall be needed, for the purpose of facilitating theadministration and protection of rights before the court andadministration bodies.
Article 7 requires that the term ofprotection for copyright be 50 yearsfollowing the death of the author.
Special terms are authorized for
cinematographic works, anonymousor pseudonymous works,photographic work and works ofapplied art.The copyright shall subsist until expiration of the terms as
determined by this Law. As an exception, certain moral rights shallsubsist upon the expiration of the term of duration of the copyright,
according to this Law (Article 43).
Copyright shall subsist for the lifetime of the author and for 70 years
after his/her death, unless otherwise provided by this Law (Article44). Where the work has been created by a number of authors (co-authors), the term of duration as per Article 44 of this Law shall be
calculated from the death of the last surviving co-author (Article 45).
Copyright of anonymous and pseudonymous works shall subsist for
70 years after the legal disclosure of the work. If the pseudonym doesnot cause confusion as to the identity of the author, or if the authordiscloses his identity within the term referred to this Article,paragraph 1, the term from the Article 44 shall apply (Article 46).
Copyright of audiovisual and collective works shall subsist for 70
years after the legal disclosure of the work (Article 47).
Where the term according to this Law does not run from the death of
the author or the authors and the work has not been legally disclosedwithin 70 years from its creation, the copyright shall subsist for 70years after its creation (Article 48). In a case when the term of
duration of the copyright, within the meaning of this Law, is
calculated according to the legal disclosure of the work and the workis disclosed in collections, parts, installments and alike, the term shallbe calculated separately for each component (Article 49).WT/ACC/807/9
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The terms of duration of the copyright protection determined by this
Law shall begin to run from the first of January of the year following
the event, which shall be a basis for calculation of the terms (Article51).
The moral right of withdrawal from Article 17 of this Law shall
subsist for the lifetime of the author. The moral rights of denotation
the authorship, preservation the work integrity and objection to its
deformation from Article 16 of this Law, shall subsist on theexpiration of the terms of the copyright duration determined by thisLaw (Article 52). For protecting the moral rights pertaining to Article16, beside the heirs, appropriate associations of authors and theMacedonian Academy of Science and Art shall be in charge.
The copyright shall be free for use after the expiration of the terms
for duration of the copyright (Article 53).
Article 8 gives authors of protectedworks the exclusive right to make orauthorize the making of translation ofthe work.Pursuant to Article 2, paragraph 13 of the LCRR the term
modification means the original co pyright work to be translated,
reworked, adapted, arranged or transformed in any other way.
In Chapter II – Copyright, Section 3 – Content of the Copyright,
Subsection 3 – Economic Rights, it is determined that the economic
rights protect the ownership interests of the author. The use of the
copyright work shall be authorized if the author has assigned theeconomic right according to this Law and to the conditions s/he hasdetermined, unless otherwise provided by this Law (Article 18). Theauthor shall have an exclusive economic right to use his/her ownwork and to authorize or prohibit use of the work by other persons in
particular for reproduction, distribution, rental, public performance,
public transmission, public presentation, public exhibition,broadcasting, re-broadcasting and modification. The author of theoriginal work has an exclusive right to use his modified work, unlessotherwise provided by this Law or by contract (Article 19).
Within the meaning of this Law, an official text from the legislative,
executive or judicial sphere and their translation when published as
official text (hereafter: another work) is not considered to be a
copyright work (Article 5).
Article 9 requires that authors begiven the exclusive right to authorizereproduction of the work in anymanner or form with only limited
exception that do not conflict with the
normal exploitation of the work anddo not unreasonably prejudice thelegitimate interests of the author.In Article 2, paragraph 3 the right on reproduction is defined as
making a copy of a copyright work, fixed on a material medium,regardless of the type of the medium of the copy, the number ofcopies and the method. The exclusiveness of the right on
reproduction is determined in Article 19 (see the previous item of the
Memorandum) and it refers to all the copyright works.
Regarding the limitations on the economic rights, the Law determines
use of copyright work without the assignment of an appropriateeconomic right only over the copyright work already disclosed, butby paying remuneration (legal licenses) and or without paying any
(free use). Thus, legally permissible is the use of a copyright work in
cases of: disclosure, or reproduction of parts of a copyright work, aswell as works from the field of photography, fine arts and applied art,architecture, design and cartography, for teaching purposes andpublishing daily events from the daily and periodical press describing
general issues, unless strictly prohibited by the author (Article 29).
Free use of a copyright work regarding the right on reproduction is
anticipated in the following cases:WT/ACC/807/9
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For the purpose of acquiring information of general significance,
disclosure shall be free: for works that are seen or heard duringreports on daily events; for public political speeches and publicspeeches before state, religious and other bodies; and for daily newsand press information (Article 32)
Reproduction of a copyright work, if made in not more than three
copies, shall be free: for private use by a natural person conditionedby the unavailability of the copies to the public; for internal use bypublic institutions (archives, libraries, film-archives and cultural,educational, scientific and similar institutions) conditioned for thereproductions to be made from their own copy. Within the meaning
of this Article, paragraph 1, reproduction shall not apply to a literary
work to the extent of an whole book (except when the edition hasbeen done up at least two years before), cinematographic or otheraudiovisual work or phonogram, graphic edition of a musical work(except a handwritten transcription), database, computer program, aswell as architectural structure, unless otherwise provided by this Law
(Article 34).
Copyright work shall be used freely before an arbitration court,
judicial, administrative or other State bodies, to the extent necessaryfor evidentiary purposes (Article 40).
Copyright work shall be used freely to the extent necessary to test the
operation at the time of manufacture or sale of phonograms or
videograms, equipment for their reproduction or disclosure, as well
as programs receiving equipment in the process of their manufactureand sale (Article 41).
Articles 10 and 10bis define certain
authorized "free uses of works".When using a copyright in a form of a legal permit or free use, the
source and the author of the work need to be mentioned if they arealready mentioned on the used work.
The legal permit pertaining to Article 29 has already been quoted
above.
Other type of legal permit:It is permitted by the Law on Broadcasting, organizations to
broadcast fixations of copyright works recorded by means ofmechanical reproduction, or similar means, except of audiovisual
works (Article 30).
The free use pertaining to Article 32 has already been quoted above.For the purpose of clarification, debate or reference, it shall be free to
quote a copyright work to the extent adequate to the purpose and theaim of use. (Article 35).
Other types of free use:
For teaching purposes public performance of a copyright work shall
be free: - in the direct teaching form; and on humanitarianmanifestations and at school performances to which admission isfree, if the participants in these manifestations or performances arenot remunerated (Article 33).
The use of a copyright work of secondary importance in relation to
the purpose of some object shall be free during the exploitation of theWT/ACC/807/9
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object (Article 36).
Modification of a copyright work is permissible if it is a matter of: a
private or other individual modification not intended or available tothe public; a modification into a parody or caricature, if this does notlead to a confusion with regard to the source of the work; amodification for a permitted use, and the author's objection to such
modification is contrary to the principle of the reason and good faith
(Article 37).
Copyright works displayed at public exhibitions, sales, auctions, and
fairs and alike shall be disclosed in catalogues for that purpose by theorganizers thereof (Article 38).
Copyright works permanently exposed in parks, streets, squares or
other public places shall be used freely, except when the use is in a
three-dimensional form, for the same purpose as the original work orfor obtaining an economic benefit (Article 39).
Copyright work shall be used freely before an arbitration court,
judicial, administrative or other State bodies, to the extent necessaryfor evidentiary purposes (Article 40).
Works of folk literature and folk art shall be used freely. On the use
of this Article, paragraph 1, the source and origin of the work must bestated. Distortion and indecent use of the work is not permissible.The "Marko Cepenkov" Folklore Institute in Skopje is authorized forimplementation of the rights from this Article, paragraph 2 (Article42).
Articles 11, 11bis and 11ter require that
authors of dramatic, dramatic-musical
and musical works and anytranslation thereof and authors ofliterary and artistic works, theexclusive right to authorize the publicperformance of their works, including
by broadcast, public recitation and
any communication to the public.Regarding this question, a quotation has already been referred
pertaining to Article 19 of the LCRR and it refers to all authors of
copyright works, already mentioned in Article 3 of the LCRR.
All definitions on all types of rights and terms: public and disclosure
are mentioned in Article 2 of the LCRR.  Thus:
“Public” means the availability of a copyright work under equal
conditions to an unspecified number of persons outside the usual
family circle or the circle of personal acquaintances;
"Disclosure" means making available a copyright work to the public,
in any manner or form;
"Reproduction" means the fixation of a copyright work on a material
medium or in another copy, regardless of the type of copy, the
number of copies and the method;
"Distribution" means putting into circulation or offering to the public
an original or a copy of a copyright work by sale or another form oftransfer of ownership, including the importation of an original or acopy for further circulation;
"Publication" means reproduction of a copyright work in a sufficient
number of copies and their distribution;
"Rental" means offering the use of an original or a copy of a
copyright work for the limited period of time, for the purpose ofdirect or indirect economic benefit;
"Public performance" means live disclosure, or disclosure through
technical means, of a literary or musical work, including live
disclosure of a stage work;WT/ACC/807/9
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"Public transmission" means disclosure of a performance or another
use of copyright outside the space or place of performance or other
use, regardless of the means, manner and method of transmission(loudspeaker, screen or the like);
"Public presentation" means disclosure, through technical means, of
cinematographic or other audiovisual work, or work of photography,
fine art, architecture, urbanism, applied art, design, cartography and
works of a scientific and technical nature;
"Public exhibition" means disclosure of an original or a copy of work
of fine art or photography or work produced in a manner analogousto photography, work of applied art, design, as well as work ofscientific and technical nature;
"Broadcasting,” means disclosure of copyright works through radio
and television program signals, wireless, including satellite in codedor non-coded forms or by wire, including cable or microwavesystems. Broadcasting also covers transmission through televisionprogram signals on demand;
“Re-broadcasting" means simultaneous, complete and unaltered
disclosure of work already broadcast, if done by other radio or
television organizations or if transmitted through cable or microwavesystems, referred to over one hundred cable connections or the workis initially transmitted from another country (cable re-broadcasting);and
"Modification" means translation, reworking, adaptation,
arrangement or other methods of alteration of an original copyright
work.
Provisions pertaining to Article 11bis paragraph 2 of the Convention
are implemented in Chapter VI – Administration of Rights, Section 2– Collective Administration.
The collective administration of a copyright shall be carried out only
for already disclosed copyright work. The collective administrationof copyright shall consists of: assignment of non-exclusive rights forthe use of copyright work; collection and distribution of authors'remuneration of the use of the copyright work; and accomplishmentof the protection of the right before courts and other bodies (Article
138).
The following rights shall be collectively administered: disclosure of
non-scenic musical and non-scenic literary works (small rights);resale rights; cable rebroadcast of copyright work, exceptbroadcasters' own transmission, regardless of whether the rightsconcerned are their own or have been assigned to them by other
rights holders (Article 139).
The following rights may also be collectively administered:
reproduction of musical and literary works on phonograms andvideograms (mechanical rights); rental of phonograms andvideograms; disclosure or reproduction of parts of copyright works,
and works of photography, fine and applied art, architecture, design
and cartography, for teaching purposes; reproduction, publicpresentation or other disclosure of works in commercials that last forno more than 60 seconds and.  Other forms of use of the copyrightworks may also be collectively administered if it is in the authors'interest (Article 140, paragraph 1, items 1, 2, 3 and 5, andWT/ACC/807/9
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paragraph 2).
For the remaining provisions rega rding the collective administration
see the provisions pertaining to Articles 141 to 155 of the LCRR.
Article 12 requires that authors ofliterary or artistic works have theexclusive right to authorizeadaptations, arrangements and otheralterations of their works.Already referred to in Articles 2, 6, 19, and 37 of the LCRR.
Article 13 authorizes countries to
impose reservation and conditions on
the exclusive right granted authors ofmusical works or written works thatare recorded.Already referred to in Article 139, item 1 of the LCRR.
Articles 14 requires that authors of
literary and artistic works have theexclusive right to authorize the
cinematographic adaptation and
reproduction of their works and thedistribution, public performance andcommunication to the public of theadaptation or reproduction, withoutthe limitations authorized under
Article 13(1).The right of an audiovisual adaptation is an exclusive right to modify
the original work into an audiovisual work or to include it in anaudiovisual work. By concluding an audiovisual adaptation contract,
the author of an original work sha ll be considered to have assigned,
exclusively and without limitation, to the film producer: the right ofmodification and inclusion of the original work in an audiovisualwork, his economic rights and other rights of that audiovisual work,the right of its translation, audiovisual adaptations as well as of thephotographs made in connection with the audiovisual work, unless
otherwise determined by contract. As an exception to this Article,
paragraph 2, the author of the original work shall retain: the exclusiveright of further modification of the audiovisual work into anotherartistic form; the exclusive right of new audiovisual adaptations ofthe original work after the expiry of ten years from the contractconclusion of this Article, paragraph 2; and the right of appropriate
remuneration from the film producer for every rental of videograms
of the audiovisual work. The author of the original work may notwaive the rights mentioned in this Article, paragraph 3 (Article 91).
Article 14bis specifies that a
cinematographic work is to beprotected as an original work withoutprejudice to any work that is adapted
or reproduced and the author of the
cinematographic work is to enjoy thesame rights as the author of any otherwork.The regime of audiovisual works and the copyrights are the
following:
Audiovisual work, within the meaning of this Law, is a
cinematographic, television and video film, another audiovisual
work, as well as another work expressed in a form of consecutive
motion pictures, with or without sound, regardless of the nature of themedium, which comprises them (Article 87).
Within the meaning of this Law, as authors of an audiovisual work
shall be considered: the writer of the screenplay, the principaldirector and the director of photography, and, in animated films, the
principal animator. Where music is an essential element of the work,
the composer of the music is also considered an author (Article 88).
The animator and the music composer when not considered as an
author of an audiovisual work according to Article 88 of this Law, aswell as set designer, costume designer, editors and make-up designer,
shall have copyright only on their individual contributions to an
audiovisual work (hereafter "authors of contributions") (Article 89).
A film producer, within the meaning of this Law, is a legal entity or a
natural person who in his own name, at his own expense or at theexpense of another, manages or organizes the production of anaudiovisual work and is responsible for its completion (Article 90).WT/ACC/807/9
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By making a film production contract, the authors shall be considered
to have assigned to the film producer, exclusively and without
limitation, all their economic rights and other rights of theaudiovisual work, rights of translation, audiovisual adaptation andphotographs made in connection with the work, unless otherwisedetermined by contract. By making a film production contract, the
authors of contributions shall be considered to have assigned to the
film producer, exclusively and without limitation, the rights to usetheir contributions for the completion of the audiovisual work.
As an exception of this Article:
- the authors shall retain the exclusive right of further
modifications of an audiovisual work into another artistic
form;
- the authors of contributions shall retain the right to use their
contributions to the audiovisual work separately, unless bydoing so they infringe the rights of the film producer; and
- the authors shall retain the right of equitable remuneration
from the film producer for every rental of videograms of the
audiovisual work. The authors and authors of contributions
may not waive the rights specified in this Article, paragraph4 (Article 92).
The authors of an audiovisual work shall have the rights on the
author's remuneration separately for each assigned economic right orother rights of the author. The film producer shall be obligated, at
least once a year, to deliver the authors of an audiovisual work, a
report of revenue received separately for each form of authorized useof the work (Article 93).
The audiovisual work shall be considered completed, when,
according to the contract between th e principal director and the film
producer, the first standard copy of the work that is the subject matter
of the contract is completed. The destruction of a master copy fromthis Article, paragraph 1, shall not be permitted. Alterations to thecopy of the audiovisual work from this Article, paragraph 1, shall beallowable only after the principal director and the film producer'sapproval. In a case when one of the authors or authors of
contributions does not complete his part to the audiovisual work or is
unable to do so due to “force majeure”, he may not object the part tobe used for its completion. The author shall enjoy appropriatecopyright on that part (Article 94).
In a case when a film producer fails to complete an audiovisual work
within five years from the making of the film production contract, or
where he fails to distribute the completed audiovisual work within
one year after its completion, the authors may cancel the contract,
unless another term has been agreed. In the case of this Article,paragraph 1, the authors and authors of contributions shall retain theright of remuneration (Article 95).WT/ACC/807/9
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Article 14ter requires "droit de suite"
in connection with subsequent sales
works of art and manuscripts.If the original of a work of fine art or the original (manuscript) of a
literary or musical work is sold or disposed in some other way, its
author shall have the right to be notified and to obtain remunerationin amount of 3% of the retail price of every subsequent resale(hereafter right of resale royalty). The possessor of the work shall beliable for the obligations of this Article, paragraph 1. If the transfer of
ownership is carried out through a gallery owner, auction organizer
or other agent, the mentioned persons shall be jointly liable with thepossessor of the work. The obligation of notification from thisArticle, paragraph 1, refers to the particulars of the titles of thetransferred works, of the possessor and the agent, of the retail-sellingprice, and of the author's right to inspect the documents which
contain such particulars (Article 21).
Collective administration of the rights on royalties is quoted in
Article 139, item 2.
Article15 requires that ownership of awork, for purposes of litigation, bepresumed to be that which appears onthe work in the usual manner.A person, whose name, pseudonym or designation is denoted in the
customary manner on the work or is stated at the time of itsdisclosure, shall be considered as an author, until proved to thecontrary. Where the author is unknown, the person who has disclosed
the work shall be entitled to exercise author's copyright. The
provision of this Article, paragrap h 2, shall cease to be valid when
the author has been identified. In that case, the copyright holder ofparagraph 2 is obliged to assign to the author the benefits derivingfrom the author's copyright, unless otherwise provided by contract(Article 10).
A holder of an exclusive copyright of this Law may denote the
original or copies of his work with the symbol © before his name,pseudonym or designation, and the year of the first disclosure. Aholder of an exclusive right on phonogram according to this Law maydenote the original or copies of his published phonogram or their
containers with the symbol p before his name, pseudonym or
designation and the year of the first disclosure (Article 167).
Article 16 requires that infringingcopies of a work be subject to seizurewhether domestically produced orimported.According to the LCRR, the author s and holders of copyrights and
related rights, the Inspectorate at the Ministry of Culture and otherauthorized bodies, shall undertake measures for preventing themisuse of the copyright and related rights.
A person whose rights under this Law have been infringed, may
demand protection of his rights and claim indemnity, unlessotherwise determined by this Law. The right holder may also demandprotection of this Article, paragraph 1, when there is a serious threatof infringement of the rights acco rding to this Law (Article 156).
When there are several right holders from this Law, each of them
may demand protection of the right in its entirety. When there are
several infringers of a right as per this Law, each of them shall beliable for the infringement, in its entirety (Article 157).
A person shall be considered to be infringing the exclusive rights
according to this Law, when he manufactures, imports, possesses for
commercial purposes, distributes, rents or in other ways uses any
devices: - whose sole or main purpose is, unauthorized removal ordamage of technical equipment or computer program that is used aslegal protection against unauthorized use; and that makes possible orassists, without authorization, the public to receive encodedWT/ACC/807/9
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broadcasters program-carrying signals (Article 158).
The administrative (customs) procedure for seizure of goods that
infringe the rights is arranged by Article 165 of the LCRR.  Thus, ifthe right holder notifies that his/her exclusive right, pursuant to thisLaw has been infringed by the importation of certain goods in thecountry, the customs authorities, upon his/her request may determine
the following customs measures:
- the right holder or his/her representative to check the goods- to seize, remove from circulation and store the goods in a safe
place; with the request, the right holder shall be obligated to submitto the customs authorities a detailed description of the goods,necessary evidence for his/her exclusive rights and their probable
infringement. Upon request of the customs authorities, the right
holder shall pay caution money for the damage that might be causedby undertaking the measures.  The customs authorities shall notifythe importer and the receiver of goods about the measuresimmediately.  They shall terminate the introduced measures if theright holder does not file a complaint and does not initiate any other
procedure for execution of the measures in terms of 10 days.
In the trial judicial procedure, the seizure, as a provisional measure is
determined in Article 162.  Thus, if the right holder reports that hisexclusive right under this Law has been infringed, the court may, onthe holder's proposal, determine provisional measures to secureclaims according to this Law, and in particular:
- to seize, remove from circulation and to reserve copies, devices,
equipment and relevant documents;
- to prohibit activities of eventual infringement or their continuance;- to adopt other similar measures. If there is a well found suspicion
that protection of this Article, paragraph 1, may not be realized until
later, the court may pronounce and execute such measures without
prior notification and hearing of the adverse party.
The procedure for provisional measures shall be summary. The
regulations for executive procedure sh all be applied in the procedure
for adoption of provisional measures.
The seizure in the customs procedure and during the provisional
measures shall be made upon request of the rights holder.
When an authorized person (hereafter inspector) in the course of his
supervisory activity, well founded suspects that a misdemeanor hasbeen committed, shall temporarily seize the objects that have been orare intended to be used for the commission of a misdemeanor, orhave been created by such a misdemeanor, by decision, and submit
them to an authorized body for misdemeanor procedure (Article 170,
paragraphs 2 and 3).
The fines for misdemeanor and determination of protection measure
– seizure of the samples are determined in compliance with Article168. Thus, a fine to the amount between 34,000.00 and 300,000.00
denars shall be imposed on the legal entity which:
- without the transfer of the appropriate economic rights of the
author, in cases when such a transf er is needed according to this Law,
reproduces, distributes, rents, publicly performs, publicly transmits,WT/ACC/807/9
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publicly presents, publicly exhibits, broadcasts, rebroadcasts and
modifies the work, i.e. samples of the work or in any other illegal
way uses the copyright work (Article 19).
- without mentioning the source and origin of the work distorts and
indecently uses works of folk literature (Article 42, paragraph 2).
- uses a copyright work, which protection has expired, but without
mentioning the name, pseudonym or other sign of the author or
disturbs the integrity of the work as a whole or deforms it or uses it ina manner that may harm the personality, honour and reputation of theauthor (Article 52, regarding the Article 16, items 4 and 5).
- does not keep appropriate account or other documentation in cases
when remuneration is agreed or determined in dependence of the
revenue derived/realized revenue from the use of the work, or enable
the copyright holder to inspect the documentation and does notdeliver it to the copyright holder (Article 70).
- distributes or possesses a copy of a computer program for
commercial purposes for which there is a doubt that it might be anillegal copy (Article 102).
- without the transfer of the appropriate exclusive rights of the holder
of the related right (performer or producer), in cases when thetransfer is necessary according to this Law, publicly performs,reproduces, distributes or rents tapes from the performance, scenework, phonograms, videograms or publications (Articles 108, 111,118, 122, 125, 131, 132 and 133).
- without the transfer of the appropriate exclusive rights of the RTV
organization in cases when such a transfer is necessary according tothis Law, records, reproduces, distributes recordings of the programor in any other way uses recordings (Article 129).
- refuses collective administration of the copyright and related rights
when the holder of the copyright or related rights requests it (Article
150).
- does not provide data on the collective administration of the
copyright and related rights upon request of the holder of rights ordoes not conclude a contract for transfer of the non-exclusive rights(Article 151, paragraphs 1 and 2).
- produces, imports, possesses for commercial purposes, distributes,
rents or uses in other way, any assets which the sole purpose is toillegally remove or damage technical equipment or computerprogram which is used as a legal protection from unauthorized use(Article 158, item 1) and
- produces, imports, possesses for commercial purposes, distributes,
rents or uses in other ways, any assets which enable or assist the
public to receive coordinated radio or television program signals, for
which s/he does not have authorization (Article 158, item 2).
A fine to the amount between 34,000.00 and 300,000.00 denars shall
be imposed on an authorized person, a legal entity and an individual
who performs independent activity, for a misdemeanor pursuant to
paragraph 1 of this Article.
A fine to the amount between 1,000.00 and 50,000.00 denars shall beWT/ACC/807/9
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imposed on a natural entity for a misdemeanor pursuant to paragraph
1 of this Article.
For the misdemeanor pursuant to paragraph 1 of this Article, a
measure for prohibition of performing the activity provisionalmeasure, shall be pronounced to the legal entity, i.e. the person whoindependently performs an activity, which may last from 3 months to
1 year, while the license for collective administration of the copyright
and related rights of the appropriate association shall be revoked.  Aprovisional measure for revocation of the copies of the copyrightwork pertaining to item 1, copies of the computer program pertainingto item 5, recordings from the performances, i.e. scene work,phonograms and videograms pertaining to item 6, recording of
programs pertaining to item 7, and assets pertaining to items 10 and
11 of this Article shall be pronounced as well.
For a misdemeanor pursuant to paragraph 1 of this Article, a
protection measure for revocation of works pertaining to paragraph 4of this Article shall be pronounced to a natural entity.
Article 18 requires that copyrightprotection be applied to all works,
which at the moment Berne becomes
effective, have not fallen into thepublic domain in the country oforigin through the expiry of the termof protection.The LCRR shall apply to all copyright works and performers`
performances that, at the time of its entry into force, have enjoyed
protection under the previous Law on Copyright (Official Gazette of
former SFRY, No. 19/1978, 34/1978,24/1986,75/1989 and 21/1990).The LCRR shall also apply to the subject matter of related rights if 20years have not elapsed from the time of their first legal publication,broadcast or fixation to the date of entry into force of this Law.
The time periods provided for the protection of rights according to
this Law shall apply to foreign holders of related rights who enjoy
protection under this Law, and shall expire on the date on which theprotection expires in the country of which they are nationals or wheretheir headquarters are located, but no longer than the time periodsprovided by this Law (Article 184)
Article 19 authorizes Union membersto provide greater protection than that
required by the Convention.Greater protection than the one determined in the Berne Convention
is enabled by the provisions regarding the duration of protection of
the economic and moral rights for designation of the copyright, for
keeping the work as a whole, for protecting it from disintegration, aswell as other provisions.
Article 20 authorizes Union membersto enter into special agreementsamong themselves to provide moreextensive rights than those provided
by Berne.Also the LCRR sets forth the protection of all types for use of
copyright works, including the interactive services in those frames,which is, to a greater extent, in compliance with the WIPOAgreement for Copyright (WCT) and the WIPO Agreement on
Performances and Phonograms (WPPT), and which is still not in
force.  The foregoing agreements have yet to be ratified.  This isexpected in the forthcoming period.
Protect computer programs, whetherin source or object code, as literaryworks under the Berne Convention.Protect compilation of data, whether
in machine-readable or other form are
to be protected as intellectual creationif they are constituted as such.Article10.Protection of computer programs and databases as copyright works is
determined in the above mentioned Article 3 of the LCRR.
In Chapter IV of the LCRR – Special Provisions on Copyright
Works, Section 2 – Computer Programs, regulates in details issues
related to computer programs acco rding to the Directives of the
European Union (Articles 97 – 103).WT/ACC/807/9
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Provide rental rights at least for
computer programs and
cinematographic works with certainexceptions. Article 11.The rental right is determined in Article 19.
Provide a term of protection of fifty
years from the death of tile author(Berne Article7.1. and TRIPS Article9.1) or, for works the term of which
is not measured by the life of the
author, a term of 50 years from theend of the calendar year of authorizedpublication, or, if not publishedwithin 50 years from making, 50years from the end of the calendar
year of making. Article 12.The duration of the protection of the copyright has already been
referred in the Memorandum (Articles 43 – 54 of the LCRR) islonger than the one required by the TRIPS Agreement.
Confine limitations and exceptions toexclusive rights to certain specialcases which do not conflict with anormal exploitation of the work anddo not unreasonably prejudice theright holder' s legitimate interests.
Article 13.Limitation of economic rights (Articles 28 – 42 of the LCRR) has
already been referred in the Memorandum.
Provide performers with the right for50 years from the date of aperformance to prevent unauthorizedfixation of their unfixedperformances and of reproductions ofsuch fixations and to prevent the
unauthorized broadcast by wireless
means and communication to thepublic of their live performances.Articles 14.1 and 5.The Republic of Macedonia is a member of the Rome Convention.
The performers’ rights are regulated as follows:
Artists-performers (hereafter performers) shall be: actors, puppet
actors, singers, musicians, dancers and other persons who by acting,singing, dancing, declaiming, reciting or in some other way, performauthor's works or works of folklore. Directors of theatrical
performances, orchestra conductors, choir directors, sound editors
and variety and circus artists shall be considered as performers(Article 107).
Performers in ensembles or groups such as: members of an orchestra,
a choir, dancing or theatrical ensemble or other type of group shall beobliged to authorize one of the members as their representative for
issuing licenses necessary for performance.
The authorization shall be given in written form and shall be effective
only if granted by the majority of the performers in the ensemble orgroup. These provisions shall not apply to directors of theatricalperformances, conductors and soloists (Article 108).
Performers shall have an exclusive moral right to have their name,
pseudonym or other designation denoted in a customary manner onthe announcement of the performance and on every fixation andpackaging of fixation of that performance as follows:
- in a solo performance, the name of the performer; and- in a performance by an ensemble or group, the name of the
ensemble or group, of the artistic director and soloist (Article 109).
Performers shall have an exclusive moral right to object to any
distortion, mutilation or alteration of their performance or any use oftheir performance that could be prejudicial to their personality,honour or reputation (Article 110).WT/ACC/807/9
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Performers shall have exclusive economic rights to use, authorize or
prohibit appropriate use of their performance in particular for:
- broadcasting of the performance, except where the performance is a
broadcast by itself, or it is a broadcast from a fixation;
- live transmission through a loudspeaker, screen or a similar device,
out of the space or place of performance;
- fixation of the live performance;- reproduction of the performance fixation on phonograms and
videograms;
- reproduction of a performance fixed on phonograms and
videograms in any manner or form;
- distribution of phonograms or videograms containing the
performance;
- rental of phonograms or videograms containing the performance.In a case where the performance is realized by a scenic producer, the
rights of the performers shall be obtained by the scenic produceraccording to this Law, unless ot herwise determined by contract
(Article 111).
The performer shall have the right of a share in the remuneration
received by the phonogram producer for the disclosure of aphonogram containing his performance (Article 112).
By making a phonogram or videogram production contract, it shall be
considered that the performer has assigned the phonogram or the film
producer the right of fixation, reproduction, distribution and rental of
his performance, unless otherwise determined by contract. Regardlessof the contract, a performer shall have a right on appropriateremuneration from the phonogram producer and the film producer forevery rental. The performer may not waive this right (Article 113).
In a case when some of the performers shall not complete his/her
contribution to the audiovisual work or are unable to do so due to“force majeure”, s/he may not object to the use of the part of hiscontribution for the completion of the work. The performer shallenjoy appropriate rights to such part specified in this Law (Article114).
The rights of the performer shall subsist for 50 years from the day of
the performance. If the performance fixation is legally disclosedduring that period, the rights of the performer shall subsist for 50years from its first disclosure (Article 116).
For the provisions regarding the national treatment see Articles 173,
176 and 177 of the LCRR.WT/ACC/807/9
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Provide phonogram producers with
the right for 50 years from the date of
first authorized fixation to prohibitunauthorized reproduction of theirphonograms, directly or indirectly,and to prohibit rental of copies of
their phonograms once sold or
otherwise distributed. Articles 14.2,.4 and .5.The rights of a phonogram producer are regulated as follows:
A phonogram producer, within the meaning of this Law, is a natural
person or a legal entity, which undertakes an initiative andresponsibility of the first fixation of the sounds of a performance orother sounds (Article 117).
The phonogram producer shall have exclusive economic rights to use
or to authorize or prohibit the use of his phonograms for:
reproduction, modification, distribution and rental (Article 118).
In a case when a phonogram published for commercial purposes or
its reproduction is used directly for broadcasting or any other type ofdisclosure, the user shall be obliged to pay the phonogram produceran appropriate single remuneration for each use.
The phonogram producer shall be obliged to pay half the
remuneration to the performer of the phonogram unless otherwiseprovided in a contract (Article 119).
The rights of a phonogram producer shall subsist for 50 years from
the day of fixation. If the phonogram has been legally disclosedduring this period, the rights of the producer shall subsist for 50 years
from its first disclosure (Article 120).
For the provisions related to the national treatment see the provisions
pertaining to Article 174, paragraph 1.
Providing broadcasting organizationswith the exclusive right for 20 yearsof fixations, reproduction offixations, and rebroadcast by wireless
means of their broadcasts and the
communication to the public ofbroadcast of their broadcasts orprovide to the owners of thecopyright in the material broadcastthe possibility of exercising such
rights. Article14.3 and 5.The rights of radio broadcasting organizations are regulated as
follows:
A broadcasting organization (RTV) shall have exclusive economic
rights to use or to authorize or prohibit the use of its broadcasts for:
- re-broadcasting, including second ary broadcasting and broadcasting
through satellite;
- disclosure at public places against payment of admission charge;-cable distribution (simultaneous or secondary);- transmission on individual demand to individual subscribers and
public access to broadcasts' fixations entered into on-line computer
databases;
- fixation;- reproduction of the fixations;- distribution of the fixations;- photography, reproduction and distribution of the fixations'
photographs;
- distribution of a program signals transmitted through
communication satellites to other broadcasters, cable and otherdistributors; and
- import and distribution of broadcast fixations or their reproduction
in a state where protection of the rights of broadcasting organizations
is not provided (Article 129)
The rights of broadcasting organizations shall subsist for 50 years
from the day of the first broadcast (Article 130).
For the provisions regarding the national treatment see the provisionsWT/ACC/807/9
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pertaining to Articles 175 and 177.  Provisions pertaining to Article
176 refer to all the holders of related rights.
Trademarks
Enforcement Citation to appropriate law or laws.
In addition to the laws mentioned in the Industrial Property
Protection Office document, the Law on Misdemeanor shall also bementioned.
General provisions
Provide for effective action againstinfringement of intellectual propertyrights without creating barriers tolegitimate trade or opportunities for
abuse. Article 41.1Pursuant to the LCRR and other legal regulations, authors and other
holders of the copyright and related rights, the Inspectorate of theMinistry of Culture, as well as other authorized state bodies(administrative and court) shall be authorized for initiating and/or
undertaking measures for prevention of the misuse of the copyright
and related rights.
A person whose rights under this Law have been infringed may
demand protection of his/her rights and claim indemnity, unlessotherwise determined by this Law. The right holder may also demandprotection under this Article, paragraph 1, when there is a serious
threat of infringement of the rights according to this Law (Article
156).
When there are several right hold ers according to this Law, each of
them may demand protection of the right in its entirety. When thereare several infringers of a right as per this Law, each of them shall beliable for the infringement, in its entirety (Article 157).
A person shall be considered to be infringing the exclusive rights
according to this Law, when s/he manufactures, imports, possessesfor commercial purposes, distributes, rents or in any other way usesany devices which sole or main purpose is, unauthorized removal ordamage of technical equipment or a computer program that is used as
legal protection against unauthorized use; and that makes possible or
assists, without authorization, the public to receive encodedbroadcasters program-carrying signals (Article 158).
Authors and other holders of copyright and related rights,
independently or through a representative that may be a collectiveorganization as well, may initiate court procedures (trial procedure -
as unique initiators of the procedure, misdemeanor or criminal
procedures for which the Inspectorate at the Ministry of Culture mayalso appear as initiator).  The foregoing entities may submit criminalcharges for initiation of a criminal procedure for the performedcriminal acts before the public pros ecutor and if there is evidence for
the performed criminal act, which according to Article 157 of the
Criminal Code (Official Gazette of the Republic of Macedonia no.
37/96) shall be prosecuted officially, the public prosecutor shall presscharges.  At the same time, protection measures to be undertakenmay be demanded.
Under the LCRR, the infringement of the copyright and related rights
is also anticipated and is subject to sanctions.
The Inspectorate at the Ministry of Culture shall perform regular and
extraordinary supervisions and control and investigate each case
separately.  If it finds that certain copyright and related rights haveWT/ACC/807/9
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been infringed, it shall undertake the prescribed measures and press
misdemeanor charges.  At the same time with the misdemeanor
charges, protection measures shall be undertaken.
When an authorized person (hereafter: inspector) in the course of his
supervisory activity, has well-founded suspects that an infringementhas been committed, he shall temporarily seize the objects that have
been or are intended to be used for committing an infringement, or
have been created by such an infringement. The inspector shallsubmit the temporarily seized objects, together with a writ forinstitution of misdemeanor proceedi ngs, to the competent authority in
misdemeanor proceedings (Article 170, paragraph 2 and 3).
Provide enforcement procedures thatare fair and equitable and are notunnecessarily complicated or costly
and do not entail unreasonable time
limits or unwarranted delays. Article41.2.The Law on Criminal Procedure (hereinafter: LCP) anticipates the
following basic principles: the accused person for a criminal act shallbe considered as innocent until the guilt is proven on the basis of
facts which the court determines in a favorable manner for the
accused – presumption of innocence (Article 2), the accused personneeds to be notified about the reason for which the procedure hasbeen initiated against him/her in the language which s/he understands(Article 3), the accused person shall have a right to a just and public
trial in a reasonable time period (Article 4), it is prohibited and
punishable to elicit confession (Article 10), the procedure shall becarried without delay (Article 13), the obligation of the court andother state bodies for a truthful and complete determination of facts(Article 14), evaluation of evidence shall not be related or limitedwith special formal evidence rules (Article 15).
Provisions regarding the criminal procedure shall also be applied in
the misdemeanor procedure.
The Law on Trial Procedure  (her einafter: LTP) anticipates the
following basic principles: determination of limits of the request(Article 2), the parties may freely dispose with the requests (Article3), the court shall decide upon the complaint request orally,
immediately and in public (Article 4), an opportunity for each party
to express its opinion upon requests of the other party (Article 5), anobligation of the court for complete and honest determination of thedisputable facts and evaluation of evidence (Article 7), the court shallbe obligated to carry out the procedure without delay and with the
least expenses (Article 10), educating an ignorant party about the
possibilities for initiating trial procedures (Article 11).
The Law on General Administrative Procedure, (hereinafter: LGAP)
anticipates the following basic principles: solving the problemaccording to law (Article 4), provision for protecting the citizens andpublic interest (Article 5), efficien t realization of the rights (Article
6), determination of the real conditions by analyzing all the facts
(Article 7), guaranteed opportunity for the parties to express theiropinion about the facts and circumstances (Article 8), the procedureto be carried out with the least expenses (Article 13), providingassistance to ignorant parties for the purpose of protecting his/herrights, that belong to him/her according to the Law (Article 14).WT/ACC/807/9
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Provide decisions on the merits based
upon the evidence presented in the
case to the parties, preferably inwriting with the reasons explained.Article 41.3.Pursuant to the LCP the verdict shall be pronounced and published
(Article 337), the court shall base the verdict only on facts and
evidence presented at the main hearing (Article 339), the publishedverdict shall be prepared in written form within 8 days from the dateof its publishing, or if more complex within 15 days (Article 347),the verdict needs to contain introduction, disposition/statement and
explanation (Article 348).
Pursuant to the LTP, the verdict shall be pronounced and published
(Article 321), the announced verdic t shall be prepared in written
within 8 days, while for more complex procedures, as an exception,within 15 days from the date of its publishing (Article 323), theverdict needs to contain an introduction, statement (disposition) and
explanation (Article 324).
Pursuant to the LGAP, the authorized body shall make a decision
(Article 202) and it shall be in a written form and shall contain: anintroduction, statement (disposition) and explanation (Article 206).The procedure shall be administered while the decision shall be madeand submitted to the party within 60 days, unless otherwise provided
by the law.
Provide for appeals to judicial bodies
of finial administrative decisions andof at least the legal aspects of initialjudicial decisions on the merits of acase. Article 41.4.In compliance with Article 350 of the LCP, it is anticipated a right on
complaint within 15 days from the submission of the verdict uponwhich the second instance court shall decide (the Appellate Court).
Also, some extra legal remedies have been anticipated upon an
effective verdict, such as: repetition of the criminal procedure(Articles 388-398) and decision of the first instance court;
extraordinary alleviation of the punishment (Articles 399-402) upon
which the Supreme Court shall decide; demand for protection underthe Law (Articles 403-410) upon which the Supreme Court shalldecide and request for extraordinary check of the effective verdict(Article 411-415) upon which the Supreme Court shall decide.
Pursuant to Article 75 of the Law on Misdemeanor (hereinafter: LM)
an appeal may be filed to a second instance court (Appellate Court)
against a verdict and decision of the first instance.  Extraordinarylegal remedies are the following: Demand for Repetition of theMisdemeanor Procedure and Demand for Protection of the Rule ofLaw.
Pursuant to Article 334 of the LTP a right on an appeal is anticipated
within 15 days from the day of submission of the verdict upon whichthe second instance court shall decide (Appellate Court).
Extraordinary remedies are: Revision (Articles 368-386) upon which
the Supreme Court shall decide; demand for protection of the rule oflaw (Articles 387 – 394) upon which the Supreme Court shall decide
and repetition of the procedure (Articles 395 – 402) upon which the
first instance court shall decide).
According to the LCRR, upon a decision for issuance or revocation
of a license for collective realization of the copyright and relatedrights, an appeal is allowed to be submitted to the Government of theRepublic of Macedonia within 15 days from the submission of the
decision. Upon the second instance act an administrative trial may be
initiated.
The procedure of the administrative trial is elaborated by theWT/ACC/807/9
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Industrial Property Protection Office.
Civil and Administrative
Procedures and Remedies
Provide a procedure that allows
plaintiffs to bring an action forinfringement, requires that defendantsbe notified; permits both side topresent evidence in support of theirposition; and protects confidential
information. Article 42For the copyright and related rights, see in 41.1, 41.2 and 41.3.
Authorize judges to order production
of evidence necessary to substantiate
a party’s claims where that party hasbeen unable to obtain such evidencefrom the opposing party. Article 43.1.For the copyright and related rights, see in 41.2 and a document by
the Industrial Property Protection Office.
The main, i.e. the basic evidence/proof in a procedure for protection
of the copyright and related rights, is the possession of a valid writtencontract for transfer of rights (Article 57, paragraph 2 of the LCRR).
Authorize judges to enjoin adefendant, except the government,from infringing intellectual property
rights. Article 44.1.Pursuant to Article 159, paragraph 1, item 1 of the LCRR, a
copyright holder may demand to have the infringer prohibited in thepreparation for infringement, the infringement itself and future
infringements.  By making a decision for prohibition of future
infringements, in cases of repetition of the infringement of the rightby the accused party, warrants shall be undertaken in the executiveprocedure without initia ting a trail procedure.
Authorize judges to order the
payment of monetary damagesadequate to compensate for the injury
done by the infringement. Article
45.1.If an economic or other right or a related right according to this Law
has been infringed either intentionally or through gross negligence,the right holder may demand in civil proceedings, payment of an
agreed or the customary remuneration for such use, increased by
200%, regardless of whether he has suffered actual pecuniary damageas a result of the infringement (civil penalty). When deciding on theclaim for payment of punitive damages under this Article, paragraph1, and determining the amount thereof, the court shall take intoaccount all the circumstances of the case, and in particular the degree
of culpability of the infringer, the amount of agreed or customary
remuneration, as well as the preventive purpose of the penalty. If thepecuniary damage exceeds the amount of penalty, the holder of therights shall be entitled to claim the difference up to the full amount ofthe full indemnity (Article 160).
In a case of infringement of moral rights and in absence of pecuniary
damage, the court may award an author or performer equitablemonetary indemnity for the infringement of his personality, honorand reputation, or non-pecuniary damage, if it finds that thecircumstances of the case, and especially the degree of damage andits duration, justify this (Article 161).
Authorize judges to order theinfringer to pay right holders
enforcement costs and recovery of
profits and/or statutory damages,Article 45.2Pursuant to Article 143, paragraph 1 of the LTP, the party that loses
the trial shall be obligated to compensate expenses to the adverse
party and other parties involved in the trial, which also includes the
fees for attorneys, in compliance with the Remuneration Tariff forAttorneys’ Services.
See also Article 45.1.WT/ACC/807/9
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Authorize additional remedies
including seizure of infringing goods,
and the materials and implements thepredominant use of which isinfringement. Article 46.When the rights under the LCRR have been infringed, the right
holder may request:
- to prohibit the infringer in the preparation of infringement, the
infringement itself, and future infringements;
- to have the infringer eliminate the situation caused by the
infringement;
- to destroy or alter unlawful copies and their packaging or the
performance or other objects of protection according to this Law;
- to destroy or alter the master copies, negatives, plates, moulds or
other devices that have been instrumental in the infringement;
- to destroy or alter the equipment whose sole or main purpose has
been the infringement of rights  according to this Law, which is
owned by the infringer; and
- to publish the judgment in the public media at the expense of the
infringer, to such extent and in such a manner as determined by thecourt .
The provisions of this Article, paragraph 1, items 2 and 3, shall not
apply to architectural structures, unless the destruction or alteration
of this is justified by the circumstances of the case. Instead of the
demands, the right holder may demand that the infringer or ownerconvey to him copies or devices. (Article 159, paragraph 1, items 3and 4).
Authorize indemnification ofdefendant, including attorneys’ feesin the event of abuse by plaintiffs.
Article 48.1The referred decision pertaining to 45.2, paragraph 1 shall apply
mutatis mutandis.
Exempt public authorities andofficials from liability in connectionwith the administration of intellectualproperty laws only where the actionsare taken or intended in good faithwithin the scope of tile relevant
authority. Article 48.2.
Ensure that administrative remediesconform to the principles in the
preceding Articles.  Article 49.See Article 41.2
Provisional measures
Authorize judges to grant temporary
restraining orders and provisionalrelief to prevent infringement and topreserve evidence. Article 50.1.If the right holder reports that his/her exclusive rights under this Law
has been infringed, the court may, on the holder's proposal, determineprovisional measures to secure cl aims according to this Law, and in
particular:
- to seize, remove from circulation and to preserve copies, devices,
equipment and relevant documents;
- to prohibit activities of eventual infringement or their continuance;- to adopt other similar measures.If there is a well-founded suspicion that the protection under this
Article, paragraph 1, may not be realized until later, the court maypronounce and execute such measures without prior notification andWT/ACC/807/9
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hearing of the adverse party. The procedure for provisional measures
shall be done without delay.
The regulations for executive procedure shall be applied in the
procedure for adoption of provisional measures, unless otherwisedetermined by this Law (Article 162).
If the right holder reports that his exclusive rights under this Law has
been infringed and that there is a well-founded suspicion of
destroying the infringement's evidence or an impossibility to securesuch evidence later, the court may, on the holder's proposal, securesuch evidence without prior notification and hearing of the adverseparty.
The securing of evidence under this Article, paragraph 1, may
include search or inspection of premises, documentation, inventories,
databases, computer programs and other sources, the examinationand seizure of documents, the hearing of witnesses, findings andstatements by experts.
The decision which proposal for securing evidence has been
accepted, together with the proposal, shall be delivered to the adverse
party at the time of the actual securing of evidence or, if not possible,
when it becomes possible. An appeal shall not suspend the decision.
The procedure for securing of evidence shall be done without any
delay. Regulations for the civil trial procedure shall be applied in theprocedure for securing evidence, unless otherwise determined by thisLaw (Article 63).
Authorize judges to require the
complaining party to indemnify the
defending party against harm if thedecision on the merits finds theprovisional relief unjustified Article50.3See Article 50.1
Provide for notice, for formal action
by the plaintiff after temporary
restraining orders, etc. Article 50.4+See Article 50.1
Border measures
Provide for suspension of release by
custom authorities of goods suspected
of bearing a counterfeit trademark orof being a piratical copyrighted work,either at the request of a right holder.Members are authorized to extendsuch protection to holders of other
forms of intellectual property. Article
51.If the right holder reports that his exclusive rights according to this
Law have been infringed by the importation of certain goods in the
state, the customs authorities may, on his demand, determine thefollowing customs measures:
- the right holder or his agent to inspect the goods; and- the goods to be seized, removed from circulation, or stored in a
secure place.
Together with the demand of this Article, paragraph 1, the right
holder shall be obliged to deliver to the customs authorities a detaileddescription of the goods, necessary evidence of his exclusive rightsand their presumable infringement. On the customs authorities' order,the right holder shall be obliged to provide a security against damage
that may be caused by such measures. The customs authorities shall
be obliged promptly to notify the importer and the recipient of thegoods of the measures adopted. The customs authorities shall rescindthe measures adopted in so far as the right holder does not file a suitWT/ACC/807/9
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or initiate some other proceedings for executing the measures
adopted within ten days (Article 165).
Require right holder initiating border
measures to provide evidence of aprima facie infringement anddescription of tile goods sufficient forcustom authorities to recognize them.The right holder must be notified
within a reasonable time is action will
be taken on his behalf. Article 52.Answers to Articles 52, 53, 54, 55, 56 and 57 are given in the answer
on Article 51.
Authorize authorities to require theright holder requesting bordermeasures to post a bond sufficient toprotect the defendant and to preventabuse. Article 53.
Requires prompt notification of the
right holder and the importer when
action under Article 51 is taken.Article 54
Requires that custom authorities benotified within a maximum of 20days of the receipt of notice thatproceedings on the merits have begunor the suspension is to be revoked.
Article 55
Authorities must be authorized to
require the right holder tocompensate the importer or owner ofthe goods subject to border measuresif goods were wrongfully detained orif proceedings leading to a decision
on the merits are not begun within
tile allotted time. Article 56
Right holders must be allowed toinspect the detained goods in order tosubstantiate the right holder's claims.Importers must be given similarauthority. Members may give the
right holder the names and addresses
of those involved in the importationwhen infringement is found to exist.Article 57.
Establishes the conditions that mustbe in place if customs authorities areauthorized to act ex officio, including
the ability to ask the right holder for
information at any time, therequirement to notify the importerpromptly of the suspension, and therequirement that public officials beliable if they act in bad faith.
Article 58.WT/ACC/807/9
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Competent authorities must be able to
order destruction or disposal other
than by re-export of infringing goodswhere appropriate. Article 59
Members are authorized to exceptfrom border measures smallquantities of infringing goods of anon-commercial nature carried in
personal luggage or shipped in small
consignments. Article 60The Law on Customs enables unhampered imports of small quantities
of goods, even pirated ones, if they are part of the personal luggageof passengers.
Criminal procedure
Provide criminal procedure andpenalties, sufficient to act as adeterrent, for willful trademarkcounterfeiting or copyright piracy ona commercial scale. Authorizes
extension of criminal action to other
forms of intellectual property whereinfringement are willful and on acommercial scale. Article 61.0The Criminal Code of the Republic of Macedonia provides protection
from infringement of the copyright and related rights in Article 157.Thus, for a criminal act – infringement of the copyright and relatedrights, a fine is provided or imprisonment of one year for a naturalentity who in his/her own name or in the name of another shall,
without any authorization, disclose, present, reproduce, distribute,
perform, broadcast or in any other way try to obtain illegallysomeone else’s copyright or related rights, i.e. a copyright work,performance or subject of a related right.  If a larger property gainfrom the crime is obtained the person shall be punished with a fine orimprisonment of three years, while in cases where a significant
property gain from the crime is obtained, the person shall be
punished with a fine or imprisonment of three years.  The attempt ofperforming this criminal act is also punishable.  The copies of thecopyright work, subjects of related rights and means for theirreproduction shall be seized.  If the infringement is made by a legalentity, the responsible person with the legal entity shall be punished.
The prosecution for infringement of the moral rights shall be
undertaken upon a private complaint.
According to the Criminal Code, greater gain, value or damage mean
benefit, value or damage that equals to the amount of five averagemonthly salaries in the economic sector at the time of making thecriminal act. A significant gain, value or damage mean gain, value or
damage that is equal to the amount of 50 average monthly salaries in
the economic sector at the time of performing the criminal act(Article 122, paragraphs 19 and 20).WT/ACC/807/9
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ANNEX
Articles 263-276 of the Law on Enforcement Procedure
2.25 INTERIM MEASURES
1. General Provisions
Local Jurisdiction
Article 263
Where a civil or other court procedure has not been initiated for a decision on a security
proposal for an interim measure and for implementa tion of the interim measure, local jurisdiction
shall lie with the court that would otherwise have jurisdiction for deciding on the enforcementproposal.
If a proceeding has been initiated, local jurisdiction shall lie with the court in which the
procedure was initiated.
The court having jurisdiction to allow an enforcement proposal on basis of an executive title passed in
an administrative procedure, shall also have jurisdiction to decide on a proposal for allowing aninterim measure after the procedure has been concluded.
When Interim Measures May Be Allowed
Article 264
An interim measure may be allowed before and during a court or administrative procedure,
and after the conclusion of such procedures, but before the actual implementation of the enforcement.
When Interim Measures Are Not Allowed
Article 265
An interim measure shall not be allowed if there are grounds [conditions] for allowing a
preceding measure capable of achieving the same goal (Article 254).
2.    Interim Measures for Securing a Monetary Claim
Grounds for Allowing an Interim Measure
Article 266
An interim measure for securing a monetary claim may be permitted if the creditor has made
the existence of the claim evident and if there is a risk that the debtor would obstruct or make
significantly more difficult the collection of the claim, in the absence of such a measure by
transferring all of his/her property or assets, co nceal them or dispose of them in another way.
The creditor need not prove the risk if s/he makes evident that the debtor would suffer only
insignificant damages.
A risk shall be deemed to exist if the claim is due abroad.WT/ACC/807/9
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An interim measure for preventing payment against an acceptance order  may be allowed if
the proposal for such a measure was made in a complaint.
Types of Interim Measures
Article 267
For the purpose of securing a monetary claim, any measure that will achieve the goal of
enforcing the security may be allowed particularly:
1. a ban preventing the debtor from disposing of movable property, as well as and order
requiring the debtor to keep  the movable property;
2. a ban preventing the debtor from transferring or encumbering the real estate or the property
rights in the real estate registered in his/her benefit, by making a record of such a ban in the
public registry or by leasing such rights;
3. a ban preventing the debtor from selling stocks and shares;4. a ban on the debtor's debtor from paying out  a claim or delivering movable property to the
debtor, as well as a ban  on  the  debtor from accepting movable property, collecting a claim
and disposing of them; and
5. an instruction to the Payments Bureau, where the accounts of the debtor or a third person are
maintained, to retain from  paying  from the debtor's account for which a interim measure hasbeen allowed, although the debtor has requested such a payment to be made.
A security interest cannot be created by an interim measure.
3.    Interim Measures to Secure a  Non-monetary Claim
Grounds for Allowing an Interim Measure
Article 268
An interim measure for securing a non-monetary claim may be permitted if the creditor
makes evident the existence of the claim and the ri sk that without such a measure the debtor would
obstruct or make significantly more difficult the collection of the claim.
An interim measure may also be allowed if the creditor makes evident that the measure is
necessary to prevent the use of force or the damage caused could be indemnified.
The provisions pertaining to paragraphs 2 and 3 of Article 266 of this Law also apply to
interim measures for securing a non-monetary claim.
Types of Interim Measures
Article 269
For the purpose of securing a non-monetary claim, any measure that will achieve the goal of
such securing may be allowed, particularly:
1. a ban on transferring or encumbering the movable property that is the subject of the claim, (as
well as an order to keep such movable property;)WT/ACC/807/9
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2. a ban on transferring or encumbering the real estate that is subject of the claim by making a
record of such ban in the public registry;
3.  a ban on activities of the debtor that could cause damages to the creditor, as well as a ban on
changing the movable property that is subject of the claim;
4. a ban on the debtor's debtor from delivering to the debtor the movable property that is subject
of the claim;
5. payment of compensation (salary) to an employee during a lawsuit for illegal termination of
employment, to the extent it is necessary for his/her life support and for the life support of
individuals that s/he is obligated to support according to law
4. Joint Provisions
Guaranty Instead of an Interim Measure
Article 270
In the proposal for allowing an interim measure or subsequently, the creditor may state that,
s/he will be satisfied with a guaranty of a specified amount of money deposited with the court by the
debtor as an alternative to pronouncing an interim measure.
The deposit of a guaranty instead of an interim measure may also be allowed pursuant to the
debtor’s proposal.
If the debtor deposits a guaranty, the court shall terminate the procedure and invalidate
actions already initiated.
Guaranty as a Condition for Allowing an Interim Measure
Article 271
Upon the creditor’s proposal, the court may allow an interim measure even if the creditor fails
to make evident the existence of the claim and risk, s/he deposits the amount determined by the court
within a specified period of time as a guaranty for damages that the debtor could suffer as a result of
allowing and realizing the interim measure.
Upon the debtor’s proposal and subject to the conditions of the case, the court may act
pursuant to paragraph 1 of this Article even if the creditor makes the existence of the claim and riskevident, act according to paragraph 1 of this article.
Allowing Several Interim Measures
Article 272
Considering the circumstances of the case and on proposal from the creditor, the court may, if
necessary, allow several interim measures.
The Time Period Allowed for an Interim Measure
Article 273
Orders that allow for an interim measure shall also determine the duration of such measure.  If
the measure was permitted before a complaint was filed or before the initiation of another procedure,WT/ACC/807/9
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the order shall also determine the time limit within which the creditor shall file a complaint or a
proposal for initiation of another procedure for the purpose of justifying the measure.
Upon the creditor’s proposal, the court shall ex tend the duration of the interim measure if the
conditions under which such measure was allowed have not changed.
The proposal pertaining to paragraph 2 of this Article may be filed only within the period of
time allowed for the interim measure.
Termination of an Interim Measure
Article 274
A court may, upon the debtor’s proposal, terminate the procedure and invalidate actions
undertaken if: (i) creditor fails to file a complaint within the period of time specified; (ii) creditor fails
to initiate another procedure to justify the interim measure; or (iii) the time period allowed for the
interim measure expires.
If the circumstances under which the measure was permitted have been changed such that the
measure is redundant, the procedure shall be terminated upon the debtor’s proposal and the actions
undertaken shall be invalidated.
The procedure shall be terminated and the action undertaken shall be invalidated in cases
provided for in Article 261, paragraph 1 of this Law.
Compensation for Damages to the Debtor
Article 275
The debtor shall be entitled to compensation from the creditor for damages that s/he suffered
as a result of interim measures that are later determined to be groundless or not sufficiently justified
by the creditor.
The provision pertaining to Article 261, paragraph 5 and 6, of this Law shall apply to such
cases.
 2.26. APPLICATION OF THE PROVISIONS PE RTAINING TO THIS LAW ON OTHER
ORGANIZATIONS AND ASSOCIATIONS
Article 276
The provisions related to legal entities shall apply to other organizations and associations
unless otherwise provided by this Law.
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