WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/MKD/I/1 
17 December 2003 
 (03-6637) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
   The present document reproduces the text
1 of the Law on Industrial Property, as notified by 
the Former Yugoslav Republic of Macedonia under Article 63.2 of the Agreement (see document 
IP/N/1/MKD/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE 
   Le présent document contient le texte
1 de la Loi sur la proprié té industrielle, notifiée par 
l'ex-République yougoslave de Macédoine au titre de  l'article 63:2 de l'A ccord (voir le document 
IP/N/1/MKD/1).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
EX REPÚBLICA YUGOSLAVA DE MACEDONIA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Propiedad Industrial, que la 
ex República Yugoslava de Macedoni a ha notificado en virtud de l párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/MKD/1). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MKD/I/1 
Page 2  
 
 LAW ON INDUSTRIAL PROPERTY 
 
Adopted by the Assembly of Re public of Macedonia on 20.06.2002. 
According to Art.229 the regulations provided by in this Law shall be enacted by 31.12.2003. 
  
BASIC PROVISIONS 
 
Contents of law 
 
Article 1 
 
 This law regulates the acquisition, exercising and protection of industrial property rights. 
 
Industrial property rights 
 
Article 2 
  (1) Industrial property rights shall be patent , industrial design, trademark and appellation of 
origin and geographical indication.    (2) Patent shall be used for protection of invention.   (3) Industrial design shell be used for protecti on of new form of a body, picture, drawing, 
contours, composition of colors or a combination of these features-design. 
  (4) Trademark shall be used for protection of trade sign.   (5) Appellation of origin and geographical indication shall be used for protection of 
geographical name. 
 
Definitions 
 
Article 3 
 
 Certain expressions used in this law have the following meaning:  - “industrial property rights” are rights from in tellectual creations a nd economic connections 
in the field of industry and trade, as well as agri culture under Article 2 paragraph 1 of this Law; 
 - “patent” is an industrial property right used  for protection of an invention in a procedure 
provided for by this Law; 
 - “industrial design” is an industrial property right acquired in procedure for protection of 
design provided for by this law;  - “trademark” (mark for goods, service mark, collective mark and certification mark) is an industrial property right acquired in procedure for pr otection of trade sign provided for by this Law; 
 - “geographical indication” is an industrial pr operty right acquired in procedure for protection 
of a geographical name provided for by this Law; 
 - “appellation of origin” is an industrial prope rty right acquired in procedure for protection of 
a geographical name provided for by this Law;  - “invention” is a solution of a technical probl em in the context of Article 19 of this Law 
referring to a product, process or substance per se which came as a result of specific process; 
 - “design” is a new form of a body, picture, contours, composition of colors, texture or 
combination of these features within the meaning of Article 82 of this Law;  IP/N/1/MKD/I/1 
 Page 3 
 
 
  - “trade sign” is a sign that can be presen ted graphically and fulfils the conditions under 
Article 124 of this Law;  - “geographical name” within the meaning of this Law is a name and/or indication of the 
country, region or place marking the product which originates from that region;  - “subjects of industrial property rights” are domes tic or foreign legal a nd natural persons that 
acquired industrial property rights in a procedure provided for by this Law; 
 - “Paris Convention for Protection of Industr ial Property” is the Convention passed 1883 that 
came into force 1884 as revised and amende d (hereinafter: “Paris Convention”). 
 - “Patent Cooperation Treaty” is the Treaty signed June 19, 1970, as revised and amended 
(hereinafter PCT); 
 - "Madrid Agreement Concerning the International Registration of Marks" as revised and 
amended (hereinafter: Madrid Agreement);  - " Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks" as revised and amended (hereinafter: Nice Agreement);  - " Locarno Agreement Establishing an Interna tional Classification for Industrial Designs as 
revised and amended (hereinafter: Locarno Agreement); 
 
Principle of legality 
 
Article 4 
  (1) The rights recognized on the basis of this La w cannot be used contrary to the Constitution, 
the laws and the good business practice.  
Subjects of industrial property rights 
 
Article 5 
 
 (1) Subjects of industrial property rights are domestic and foreign le gal and natural persons. 
  (2) Under this Law, foreign legal and natural persons in respect of protection of industrial 
property rights in the Republic of Macedonia shall en joy the same rights as domestic legal and natural 
persons in conformity with international agreem ents and conventions or by application of the 
principle of reciprocity.    (3) The existence of reciprocity under paragraph (2 ) of this Article shall be determined by the 
Minister of Justice, under conditions a nd in procedure determined by law.  
 
Rights of subjects of industrial property rights 
 
Article 6 
 
 (1) The inventor of patent or author of i ndustrial design has moral and economic rights on his 
creations determined by law. 
  (2) The subjects referred to in paragraph (1) of this Article, the owner of trademark, the 
authorized user of appellation of origin and the authorized user of the geographical indication also have other rights under international agreements  and conventions, other laws, general acts and 
agreement. 
 IP/N/1/MKD/I/1 
Page 4  
 
 Moral right 
 
Article 7 
 
 (1) The inventor and the designer shall have the moral right to be mentioned in the application 
and the documents referring to the patent and the industrial design. 
  (2) If the invention or the design comes as a r esult of the creative work of more than one 
person, they all shall have the right under paragraph (1) of this Article. 
 
Economic right 
 
Article 8 
 
 (1) The economic right of the owner of pate nt, industrial design and trademark includes the 
right for using, disposing, right for compensa tion and prohibition of unauthorized use by third 
person(s) in the cases and in a manner provided for by  international agreements  and conventions, this 
Law, other law and agreement.   (2) The owner of collective mark and the au thorized users of appellation of origin and 
geographical indication shall have the rights under pa ragraph (1) of this Article, apart from the right 
for disposal. 
 
Industrial Property Protection Office 
 
Article 9 
 
 (1) The administrative procedure for acquisition and protection of industrial property rights shall be performed by the Industrial Property Protection Office (hereinafter: "the Office"). 
  (2) The Office is a body under the Ministry of Economy having capacity of legal entity.  
 
Registers and Official Gazette of the Office 
 
Article 10 
 
 (1) The Office keeps registers of applications, registers of recognized industrial property 
rights and registers of representatives in the field of industrial property.  
  (2) The registers referred to in paragraph (1 ) of this Article shall be open to the public. 
  (3) The data on the applied for protection and recognized industrial property rights shall be 
published in the Official Gazette issued by the Office under the provisions of this Law.  
 
Types of applications for industrial property right protection 
 
Article 11 
  (1) Protection of industrial property rights in the Republic of Macedonia shall be sought by 
filing the adequate application to the Office.   IP/N/1/MKD/I/1 
 Page 5 
 
 
  (2) The Office shall also accept applications requiring protection of industrial property rights 
abroad if that is in accordance with the international agreements and conventions, which have been 
ratified by the Republic of Macedonia.    (3) Protection of industrial property rights may also be required in the Republic of Macedonia 
with an application filed abroad, if that is in  accordance with the inte rnational agreements and 
conventions, which have been ratif ied by the Republic of Macedonia.  
  (4) The applicant referred to in paragraph (3) of  this Article shall have the same rights as the 
national applicants, unless provided otherwise by  the respective agreement or convention.  
 
Filing application 
 
Article 12 
  (1) Application for recognition of industrial prope rty right shall be filed in writing, personally, 
by mail or by electronic means.    (2) Application for recognition of industrial property right may be filed in foreign language 
provided that it includes indication of the requested right and information for contact with the applicant in Macedonian language.  
 
 (3) If the application is filed in a foreign la nguage, within 90 days from the date of filing the 
application in a foreign language, the applicant mu st submit translation of the application in 
Macedonian language. Otherwise, the applica tion shall be deemed to be withdrawn. 
 
Administrative procedure 
 
Article 13 
 
 (1) In the administration procedure for acquis ition, exercising, maintenance and protection of 
industrial property rights the Office shall decide in first instance.  
 
Appeal to first instance decision 
 
Article 14 
  (1) The applicant shall have the right to appeal to a first instance decision issued by the Office 
to a commission of the Government of the Republic of Macedonia.    (2) The Commission referred to in paragraph (1) of this Article shall consist of five members 
appointed by the Government of the Republic of Ma cedonia who shall be scientists and experts in the 
field of industrial property right. 
 
 (3) Members of the Commission under paragraph (1 ) of this Article may not be persons who 
are registered agents in the field of industrial prope rty, lawyers, legal agents of trade companies or 
other persons who may have any interest in ac quisition, exercising and protection of industrial 
property rights.  
 IP/N/1/MKD/I/1 
Page 6  
 
 Procedure in accordance with  international agreements 
 
Article 15 
 
 (1) The Office shall perform the procedure referring to applications under Article 11 
paragraphs (2) and (3) of this Law in accordance w ith the international agreements which have been 
ratified by the Republic of Macedonia.  
Exercising rights through representative 
 
Article 16 
 
 (1) In the procedure before the Office and the governmental administration bodies, the foreign 
legal or natural persons shall ex ercise their rights arising from th is Law through a representative who 
is a domestic legal or natural person registered for representation in the field of industrial property.  
 
Availability of Office documentation and information 
 
Article 17 
 
 (1) The Office is obliged to make available to  all interested legal and natural persons its 
documentation and information for applied for prot ection and protected industrial property rights, 
apart from the documentation which has not been pub lished in the Official Gazette issued by the 
Office.   (2) Only information from the register of appli cations shall be available for the applications 
for industrial property right. 
  (3) Unpublished application may be made ava ilable only with consent of the applicant.  
  (4) The documentation and information referred to in paragraph (1) of this Article, as well as 
the other services related to protection of industria l property, shall be made available after paying 
specified expenses.  
 
Fees and expenses 
 
Article 18 
 
 (1) For acquisition and maintenance of industria l property right fees shall be paid under the 
Law on administrative fees, as well as specific expens es in the procedure for recognizing the right.  
  (2) The Government of the Republic of Mace donia shall determine the amount of the specific 
expenses in the procedure referred to in paragra ph (1) of this Article and the expenses for giving 
information services referred to in Article 17 paragraph (4) of this Law.  
  IP/N/1/MKD/I/1 
 Page 7 
 
 
 PART ONE 
 
PATENT 
 
Object of patent protection 
 
Article 19 
 
 (1) Patent shall be granted for invention in a ll fields of technique and technology which is 
new, involves inventive step and is susceptible of industrial application.  
 
 (2) The following in particular shall not be cons idered to be inventions within the meaning of 
paragraph (1) of this Article:  1. discovery, scientific theory and mathematical method;  2. esthetic creation; 
 3. plan, rule and procedure for performin g intellectual activity, playing games or doing 
business, as well as computer program; 
 4. presentation of information.   (3) Exception to the object of protection under pa ragraph (2) of this Article shall be possible 
only if the subject matter of the patent applicati on does not refer to some of those objects per se. 
 
Exceptions to patent protection 
 
Article 20 
  (1) The following shall be excluded from protection by patent: 
 - inventions related to new animal species and plant varieties and essentially biological 
processes for production of animals or plants, ap art from inventions related to microbiological 
processes and products from such processes;  - inventions for surgical and diagnostic met hods or method for treatment of living human or 
animal body, apart from inventions related to a produ ct, in particular substances or compositions used 
for application of any of these methods; 
 - inventions the publishing or exploitation of wh ich would be contrary to the public order or 
morality, where exploitation of invention shall not be  deemed as such only because of the fact that it 
is prohibited by law.  
Novelty of invention 
 
Article 21 
 
 (1) Invention shall be considered to be new if it does not form part of the state of the art.   
 (2) The state of the art shall be held to comp rise everything made available to the public by 
means of oral or written description of the invention,  by use or in any other way before the date of 
filing the patent application in a manner which allows  to be applied by experts skilled in the art.  
  (3) The state of the art under paragraph (2) of this Article shall also include:  
 - the contents of national patent applications, as originally filed in the Office, apart from 
patent applications that have been reject ed or withdrawn before the publication date; 
 - European patent applications, as originally  filed in the European Patent Office under the 
European Patent Convention requesting pr otection in the Republic of Macedonia; IP/N/1/MKD/I/1 
Page 8  
 
  - International applications, as originally file d under the Patent Cooperation Treaty filed to the 
Office as elected institution.    (4) The provisions from paragraphs (1) to (3) of this Article shall not exclude from 
patentability any substance or composition comprised in the state of the art where it is intended for 
use in method or treatment referred to in Article 20 paragraph (1) item 2 of this Law, provided that 
such use is not comprised in the state of the art. 
 
Non-prejudicial disclosures 
 
Article 22 
 
 (1) While estimating whether the invention is ne w under Article 21 of this Law, the fact that 
the invention was available to the public six months prior to the filing of the application shall not be 
taken into consideration if it was due to or in consequence of: 
 - evident abuse in relation to the applicant or his legal predecessor, or 
 - the fact that the applicant or his legal pred ecessor had exhibited the invention at an official 
or officially recognized exhibition falling within  the terms of the Convention on International 
Exhibitions signed at Paris on November 22, 1928 and last revised on May 31,1988. 
  (2) The provision under paragraph (1) item 2 of  this Article shall be applied only if while 
filing the application the applicant indicates that the invention had been e xhibited and submits written 
certificate issued by the competent authorit y of the state where it was exhibited.  
 
Inventive step 
 
Article 23 
 
 (1) Invention shall be considered  to involve an inventive step if, having regard to the state of 
the art within the meaning of Article 21 paragraph (2) and (3) of this Law, it is not obvious to a person 
skilled in the art.  
 (2) The applicant may renounce the initial applica tion and file a new application for the same 
invention and, in that case, the first application shall not be taken into consideration in deciding whether there has been an inventive step in the later application.  
 
Industrial applicability 
 
Article 24 
 
 (1) Invention shall be considered susceptible  of industrial application if the object of 
protection can be manufactured or used in any branch of industry, including agriculture.  
Subjects of patent rights 
 
Article 25 
 
 (1) The right to a patent shall belong to the inventor or his successor in title.  
 
 (2) If the invention has been created jointly, by  several inventors, the right to patent shall 
belong to all inventors or their successors in title.    IP/N/1/MKD/I/1 
 Page 9 
 
 
 Inventor 
 
Article 26 
 
 (1) Inventor shall be the person who had creat ed the invention in the course of his creative 
work.  
  (2) The person who has contributed to the creation of an invention by providing only technical assistance shall not be deemed to be inventor.   
Inventor’s successor in title 
 
Article 27 
 
 (1) Inventor’s successor in title shall be lega l or natural person entitled to acquire a patent 
right by virtue of law, legal busin ess, inheritance or court decision.  
  (2) The employer shall be considered to be i nventor’s successor in title where by virtue of law 
or employment contract he has the right to acqui re patent for invention created under inventor’s 
employment.   
Initiation of procedure 
 
Article 28 
 
 (1) Patent granting procedure shall be initiated by filing a patent application to the Office. 
 
 (2) Patent granting procedure may also be initia ted by filing European patent application and 
application filed in accordance to the Patent Cooperation Treaty (PCT).   (3) Patent granting procedure on applications refe rred to in paragraph (2) of this Article shall 
be prescribed by regulations issued by the Minister of Economy. 
 
Unity of invention 
 
Article 29 
  (1) Each invention shall be filed as separate patent application.  
  (2) One patent application may contain more than one invention linked in such a way as to form a single inventive concept.   
Priority right 
 
Article 30 
 
 (1) As from the date of filing a proper patent application in the Office, the applicant shall 
have priority right to any other person who shall la ter file an application for the same invention. 
 
 (2) Exception to paragraph (1) of this Artic le shall be the case wh en the conditions for 
recognition of union or exhibition priority right un der Articles 31 and 32 of this Law are fulfilled.  
 IP/N/1/MKD/I/1 
Page 10  
 
 Exhibition priority right 
 
Article 31 
 
 (1) A person who has exhibited an invention at an officially recognized international 
exhibition or fair in the Republic of Macedonia or in  any of the states member of the Paris Union may 
claim in his application that the date of the firs t day of exhibition of the invention be accorded as 
priority date within 90 days from date of  the closing of the exhibition or fair. 
  (2) The application referred to  in paragraph (1) of this Article shall be accompanied by a 
certificate issued by a competent authority of the state member of the Paris Union proving that the 
exhibition or fair was recognized within the meani ng of the Convention for International Exhibitions 
and shall indicate the type of exhi bition or fair, its place, its opening and closing date or the date of 
use.  
Union priority right 
 
Article 32 
 
 (1) Any legal or natural person who had filed a proper patent application in any of the state 
member of the Paris Union or of the World Trade Or ganization shall be granted priority right in the 
Republic of Macedonia from the date of filing the first application if that is claimed within 12 months 
of the filing date of the first application.    (2) The application referred to in paragraph (1) of this Article shall be considered proper if the 
filing date is determined under the national legislation of the state member of the Paris Union or the 
World Trade Organization in which it was filed or in accordance with the in ternational agreements 
made between the states member of the Union, regardless of the future legal outcome of the 
application.   
Obligations of applicant for union priority 
 
Article 33 
 
 (1) The applicant who intends to use the priori ty right referred to in Article 32 of this Law 
shall be obliged in the application filed in the Republic of Macedonia to gi ve all information on the 
application the priority to which is claimed and, no later than 90 days from the date of filing the 
application, to submit a priority document certified by the competent authority of the state member of 
the Paris Union in which the first application was filed.  
Multiple priority right 
 
Article 34 
 
 (1) The applicant may file a claim for grant of multiple priority right on the basis of several 
earlier applications filed in one or more states member of the Paris Union.    (2) Where multiple priority right is claimed, the time limits under this  Law shall run from the 
date of granted priority right starting from the earliest date of multiple priority right.  
   IP/N/1/MKD/I/1 
 Page 11 
 
 
 Scope of priority claim 
 
Article 35 
 
 (1) The priority claim shall relate only to such characteristics of the invention which are 
contained in the first application or appli cations for which priority is claimed.  
  (2) If certain characteristics of the invention do not appear among the patent claims contained 
in the first application or applications for whic h priority is claimed, it shall be sufficient for 
recognition of priority right that all other documen ts of application as a whole specifically disclose 
such characteristics.  
 
Priority document 
 
Article 36 
 
 (1) On request of the applicant, the Office shall issue a priority document as of the date 
accorded as filing date of the patent application.    (2) The conditions, procedure and contents of the priority document referred to in 
paragraph (1) of this Article shall be prescribed by th e regulations issued by the Minister of Economy.  
 
Amendments in patent application 
 
Article 37 
  (1) Patent application with accorded fili ng date may not be additionally amended by 
extending the object for which protection is required.   
Contents of patent application 
 
Article 38 
 
 (1) Patent application shall contain:  1. request for grant of patent;  2. description of the invention;  3. one or more patent claims; 
 4. brief contents of the essence of the invention (abstract); 
 5. drawing (if necessary) referred to in the description and the patent claim;  6. evidence for paid application fee;  7. translation in Macedonian language if the application was filed in foreign language.  
  (2) The other elements and supplements of the application shall be filed in manner and 
number of copies prescribed by the regulations issued by the Minister of Economy.  
 
Contents of request for grant of patent 
 
Article 39 
 
 (1)   The request for grant of a patent shall contain:   - an express indication that grant of a patent is required,   - title of the invention expressing the essence of the invention,  
 - indications concerning the applicant and the inventor.  IP/N/1/MKD/I/1 
Page 12  
 
  
 (2) A written declaration of the inventor, in case he does not want to be mentioned in the 
application, shall be filed to the Office within tw o months from the filing date of the application.  
 
Description of invention 
 
Article 40 
 
 (1) The description of the invention must discl ose the invention in a manner sufficiently clear 
and precise for it to be applied by a person skilled in the art in that field. 
 
 (2) If the application relates to a viable biological or microbiological material which cannot be described, the application must be accompanied w ith evidence that a sample of that material has 
been deposited with a competent depositary instituti on no later than the filing date of the patent 
application.  
 
 (3) The competent depositary institution referred to  in paragraph (2) of this Article shall be 
considered to be an institution which complies wi th the requirements prescribed in the Budapest 
Treaty on the International Recognition of the Deposit  of Microorganisms for the Purposes of Patent 
Procedure.   
Patent claims 
 
Article 41 
 
 (1) Patent claims shall define the subj ect matter for which protection is sought.  
 
 (2)  Patent claims shall be clear and fully contained in the description of the invention.  
  (3) Patent claims may be independent and dependent.  
  (4) The independent claims shall contain new, essential characteristics of an invention.  
 
 (5) The dependent claims shall contain specific characteristics of the invention defined in the 
independent or other dependent claim.   
Abstract 
 
Article 42 
 
 (1) Abstract shall be a short summary of th e essence of an invention serving exclusively for 
information on the invention.  
Proper application 
 
Article 43 
 
 (1) Accordance of the filing date of the patent a pplication shall require that on such a date the 
application contains: 
 1. request for grant of patent;  2. name or company name and residence or business seat of the applicant;  3. description of an invention a nd one or more patent claims.  
  IP/N/1/MKD/I/1 
 Page 13 
 
 
 Accordance of filing date of application 
 
Article 44 
 
 (1) If the application does not contain all elemen ts provided for in Article 43 of this Law, the 
Office shall notify the applicant that his applicati on is not proper and that filing date cannot be 
accorded.   (2) If the filing date of the application cannot be accorded, the Office shall invite the applicant 
to correct the deficiencies referred to in paragraph (1) of this Article within 60 days from the day of 
receipt of the notification.  
  (3) If the applicant corrects th e deficiencies within the prescrib ed time limit, the Office shall 
issue a conclusion for accordance of the filing date.  
 (4) Filing date shall be considered to be the date of reception of a proper application within 
the meaning of Article 43 of this Law subm itted by the applicant under the notification. 
  (5) If the applicant fails to correct the defici encies within the prescribed time limit, the 
application shall be rejected by conclusion.  
Register of patent applications 
 
Article 45 
 
 (1) The application the filing date of which ha d been accorded by conclusion shall be entered 
in the register of patent applications.   
  (2) The contents of the register of patent app lications and the manner of its keeping shall be 
prescribed by the regulations issued by the Minister of Economy.  
Division of patent application 
 
Article 46 
 
 (1) The applicant may divide the subject ma tter of the patent application having accorded 
filing date (the original applica tion) into two or more applicati ons and separate procedure shall be 
carried out on the basis of each of them. 
  (2) Division of the original patent appli cation shall be possible until the issuing of the 
decision for grant of patent.    (3) Patent application resulting from division of the original application (a divisional 
application) shall maintain the filing date of the or iginal application and enjoy the priority thereof.  
 
Ordering patent application 
 Article 47 
 
 (1) After the entering of the patent application in  the register of patent applications, the Office 
shall examine whether:  1. the filing fee for the application has been paid; IP/N/1/MKD/I/1 
Page 14  
 
  2. translation of the application in Mace donian language has been filed, where the 
application is in a foreign language; 
 3. the drawings referred to in Article 38 paragraph (1) item 5 of this Law have been 
filed; 
 4. proper power of attorney has been filed, where the application was filed through a 
representative. 
  (2) If the patent application does not contain all basic elements referred to in paragraph (1) of 
this Article, the Office shall invite the applicant to  correct the determined deficiencies within 90 days 
from the day of receipt of the invitation.  
 
 (3) On reasoned request of the applicant, the time limit referred to in paragraph (2) of this 
Article may be extended for justified reasons by no more than 60 days.  
  (4) If the applicant fails to correct the determin ed deficiencies referred to in paragraph (2) of 
this Article within the prescribed time limit, the Offi ce shall rejected the patent application by issuing 
a conclusion.   (5) Where a patent application refers to draw ings which are not included in the application, 
the Office shall notify the applicant that he may file them within the prescribed time limit.  
 
 (6) If the applicant does not comply with th e notification of the Office referred to in 
paragraph (5) of this Article, any re ference to the drawings shall be considered to be non-existent.  
  (7) If the applicant corrects the application w ithin the time limit, the application shall be 
deemed to be proper.  
 
Processing patent application in case of dispute 
 
Article 48 
 
 (1) In case of dispute regarding the right fro m the patent application, the applicant may 
require the Office to process the application immediately.  
  (2) Request for immediate processing of the a pplication may not be filed earlier than 12 
months from the date of filing the patent application.   
 (3) In case of dispute referred to in paragraph (1) of this Article, the applicant shall submit 
evidence from substantive examination performed in one of the institution for examination under this 
Law.  
Examining contents of patent application 
 
Article 49 
 
 (1) The examination of the patent applicati on shall establish whether the application complies 
with the following requirements:  1. whether the inventor has been mentioned; 
 2. whether a proper priority claim has been filed within the meaning of Articles 31 
and 32 of this Law, where priority right is claimed; 
 3, where the applicant is represented by a re presentative, whether the representative is 
entered into the Register of representatives kept by the Office;  IP/N/1/MKD/I/1 
 Page 15 
 
 
  4. whether the application complies with th e rule on unity of invention under Article 29 
of this Law; 
 5. whether the separate elements of app lication are in accordance with Article 38 
paragraph (2) of this Law; 
 6. whether the subject matter of the app lication is at first sight patentable under 
Article 19 paragraph (2) and (3) and Arti cles 20, 21(3), 22 and 24 of this Law. 
 
Deficiencies of patent application 
 
Article 50 
 
 (1) If the Office determines that the patent application does not meet all basic requirements under Article 49 of this Law, it shall notify the app licant of that fact in writing and invite him to 
correct the determined deficiencies within 60 days as of the day of receipt of the notification.  
 
 (2) On reasoned request of the applicant, the O ffice may extend the time limit referred to in 
paragraph (1) of this Artic le by no more than 60 days. 
  (3) The Office shall issue a conclusion for rejec tion of the patent application if the applicant 
fails to correct the deficiencies determined in the notification referred to in paragraph (1) of this 
Article 37 within the prescribed time limit.  
 
Payment of expenses and fees 
 
Article 51 
  (1) Where the patent application complies with the requirements under Article 49 of this Law, 
the Office shall issue a conclusion that the requireme nts for grant of a patent had been fulfilled and 
invite the applicant to pay the expenses for publicati on of the patent in the Official Gazette of the 
Office, the expenses for issuing a patent certificat e and patent specification and the maintenance fee 
within 30 days.   
 (2) The Office shall issue a conclusion for rejec tion of the patent application if the applicant 
fails to pay the expenses referred to in paragraph (1) of this Article. 
 
Decision for grant of patent 
 
Article 52 
 
 (1) If the applicant acts in compliance with the conclusion in the time limit set in Article 51 
paragraph (1) of this Law, i.e. pays the prescribed  fees and expenses, the Office shall issue a decision 
for grant of a patent for the first ten years of valid ity and invite the applicant within nine years to 
submit written evidence of substantive examination i ssued by institutions auth orized for substantive 
examination. 
  (2) The data from the decision for grant of a pate nt shall be entered in the patents register at 
the day of issuing of the decision and shall be publishe d in the Official Gazette of the Office within 90 
days from the day of issuing.  
 IP/N/1/MKD/I/1 
Page 16  
 
 Decision for refusal of patent application 
 
Article 53 
 
 (1) The Office shall issue a decision for refu sal of the claim for grant a patent if the 
application has been filed for an invention which is not patentable under Article 19 paragraphs (2) 
and (3), Article 20 and Article 24 of this Law.    (2) Decision for refusal of patent application sh all not be issued if the applicant had not been 
previously notified in writing about the grounds on which the claimed right cannot be recognized and 
invited to make a declaration thereon. 
 
Filing evidence of substantive examination 
 
Article 54 
 
 (1) The patent-owner or owner of the exclus ive right from patent is obliged to submit 
translation in Macedonian language of the evidence of substantive examination performed in one of 
the institution for examination within nine years from the date of filing the application in the Office.  
  (2) If the applicant filed an application for recognizing the same invention to the patent 
offices of other countries, he may submit as evid ence the translation of the results from the 
substantive examination or the granted patent.    (3) If the patent-owner or owner of the exclusive right from patent does not act in compliance with paragraph (1) of this Article, the validity of th e patent in question shall expire on the date of the 
expiring on the tenth year of the patent term.  
  (4) The patent-owner or owner of the exclusive right from patent is also obliged to submit the 
evidence referred to in paragraph (1) of this Artic le if a third party had instituted an action for 
infringement of patent rights.   
 (5) In the case referred to in paragraph (4) of th is Article, the Office shall rule an expeditious 
procedure for issuing a decision for grant of patent, pa rtial grant of patent or refusal of the claim for 
grant of patent.   
Institutions for substantive examination 
 
Article 55 
 
 (1) The substantive examination of the patent application referred to in Article 52 shall be 
conducted in one of the institution for examination.   
 (2) The institution for examination referred to in paragraph (1) of this Article shall be as a rule 
national and international offices wh ich under the Patent Cooperation Tr eaty (PCT) have the status of 
International Searching Authority or International Preliminary Examining Authority for international 
search or for preliminary examination of  international patent applications.  
  IP/N/1/MKD/I/1 
 Page 17 
 
 
 Substantive examination 
 
Article 56 
 
(1) Substantive examination determines whether the invention is in compliance with all requirements 
for grant of a patent right, i.e. whether the subject matter of the application is: 
 1. invention which is patentable under Articles 19 and 20 of this Law; 
 2. invention which has been described in a manner that can be applied by a person 
skilled in art under Article 40 of this Law;  
 3. invention which is in compliance with th e rule of unity of invention under Article 29 
of this Law; 
 4. invention which is new under Article 21 pa ragraphs (1), (2) and (4) and Article 22 of 
this Law, which contains an inventive step under Article 23 of this Law and is 
industrially applicable under Article 24 of this Law.  
 
Additional examination 
 
Article 57 
 
 (1) The Office shall issue a decision for grant of patent on the basis of submitted evidence 
from the substantive examination under Article 54 para graph (1) and (2) of this Law and on the basis 
of the additional examinations from this Article.  
  (2) The additional examination of a patent a pplication shall establish whether the invention 
complies with the requirements for grant a patent, i.e.  whether the subject matter of the application is: 
 1. invention which is patentable in comp liance with Article 19 paragraph (2) of this 
Law; 
 2. invention which is new with  regard to all patent applica tions filed earlier to the Office 
in compliance with Article 21 paragraph (3) of this Law. 
 
Types of decisions 
 
Article 58 
 
 (1) On the basis of the filed evidence, the Offi ce shall determine to what extent the contents 
and scope of the patent claims for the give n invention comply with the requirements under 
Articles 19, 20 and 21 of this Law and it shall issue one of the following decisions: 
 1. decision that the invention complies with all requirements referred to in Articles 19, 
20, 21 and 22 of this Law and that patent claim(s) fully complies with those requirements; 
 2. decision that the invention only partially  complies with the requirements referred to 
in Article 19, 21 and 22 of this Law and th at it gives limited future validity of the 
patent claim(s) in the scope in which it complies with the requirements; 
 3. decision for declaring as nullity if the i nvention did not comply with the requirements 
for patent protection from the day of  filing the patent application.  
 
Entry in register 
 
Article 59 
 
 (1) The data from the decision for grant a patent shall be entered into the patents register kept 
by the Office on the date of the decision.   IP/N/1/MKD/I/1 
Page 18  
 
  (2) The data from the decision for rejection of patent application and for refusal of claim for 
grant a patent shall be entered into th e register of patent applications.  
  (3) The contents and the manner of keeping the patents register shall be prescribed by the 
regulations issued by the Minister of Economy. 
 
Publication 
 
Article 60 
  (1) The data from the decision for grant a patent  shall be published in the Official Gazette of 
the Office within 90 days from date of  the decision of the grant thereof.  
  (2) The contents of the data on granted patent  which are published in the Official Gazette of 
the Office shall be prescribed by the regulations issued by the Minister of Economy. 
 
Patent certificate 
 
Article 61 
 
 (1) The patent-owner shall be issued a patent certificate within 6 months from the date of the 
decision on grant of patent.  
  (2) The patent certificate shall be accompanied by patent specification. The contents and form of the certificates and the patent specification shall be prescribed by the 
regulations issued by the Minister of Economy. 
 
Patent for secret invention 
 
Article 62 
 
 (1) The applications for grant of patent on invention referring to national defense shall be 
deemed to be secret and shall be filed to the Minister of Defense.  
  (2) The provisions under Articles 46, 47, 49, 50 and 51 of this Law shall apply mutatis 
mutandis in the procedure for grant of patent fo r secret invention, unless otherwise provided for by 
this Law. 
 
 (3) If in the procedure for examination of th e filed application the Minister of Defense 
determines that the invention is not secret, the application shall be submitted to the Office.  
  (4) If in the course of procedure for examinati on of the application the Office determines that 
the invention is secret, it shall pass it on to the Minister of Defense. 
 
 (5) If the Minister of Defense determines that  the invention ceased to be secret, the entire file 
shall be submitted to the Office.    (6) After receiving the patent, th e Office shall enter the patent in the patents register, issue to 
the patent-owner a patent certifi cate and specification and publish the data under Article 60 of this 
Law.    IP/N/1/MKD/I/1 
 Page 19 
 
 
 Specifics of secret invention 
 
Article 63 
 
 (1) Patent for secret invention shall not be published. 
 
 (2) Domestic legal and natural persons may a pply for protection of secret invention abroad 
only with written consent of the Minister of Defense.    (3) The provisions under Articles 58 and 59 of th is Law shall be applied mutatis mutandus for 
patent applications which are in interest of the state security.  
  (4) The Minister of Interior shall be competen t to decide on the applications referred to in 
paragraph (3) of this Article.   
 (5) The Government of the Republic of Mace donia shall decide which inventions shall be 
considered secret under Articles 62 and 63 of this La w, as well as on the procedure for grant of patent 
for those inventions.   
Use of secret invention 
 
Article 64 
 
 (1) The Ministry of Defense has the exclusive right to use the secret invention and dispose of 
it.   
 (2) The patent-owner of secret invention prot ected by patent is entitled to remuneration, 
regardless whether the invention is being u sed in the defense and to which extent.  
  (3) The amount of the remuneration referred to in  paragraph (2) of this Article shall be agreed 
by the applicant and the Minister of Defense.   
 (4) If agreement referred to in paragraph (3) of  this Article is not reached, the applicant may 
ask the competent court to determine the amount of the remuneration.  
Term of patent 
 
Article 65 
 
 (1) The term of patent shall be twenty years as  from the filing date of the patent application.  
  (2) The term of patent under paragraph (1) of  this Article may be extended for over twenty 
years if the subject matter of th e patent is a medical product or a product for protection of plants or 
process for their production which has to undergo an administrative authorization procedure required 
by law before it can be put on the market, but no for more than 5 years.   
Supplementary protection certificate 
 
Article 66 
 
 (1) The term of the patent under Article 65 pa ragraph (2) of this Law may be extended by 
issuing a supplementary protection certificate.   IP/N/1/MKD/I/1 
Page 20  
 
  (2) The procedure for issuing supplementary pr otection certificate shall be prescribed by the 
regulations issued by the Minister of Economy.  
Payment of fees 
 
Article 67 
 
 (1) Before issuing a decision for grant of pate nt, the Office shall invite the patent-owner to 
pay the total amount of fees for maintenance of the pa tent right for the period from the filing date of 
the application to the date of the grant of patent.  
 
 (2) The annual maintenance fee for the fo rthcoming period shall be due on the date 
corresponding to the filing date of the patent application.   
Ceasing of patent before expiration of validity 
 
Article 68 
 
 (1) A patent right shall cease before the expiration of its validity date: 
 1. if the prescribed fees and expenses are not  paid, the day after the expiration of the 
time limit for payment thereof; 
 2. if the patent-owner renounces his right, the day after the filing of the request for 
renouncing to the Office; 
 3. on the basis of court decision or act of the Office in cases provided for by this Law, at 
the day determined in the decision or act; 
 4. with the lapse of the legal person or up on the death of the natural person who is the 
patent-owner, on the day of lapse or death, or with the declaration of a missing 
patent-owner dead, on the day of the coming into force of the declaration, unless the 
right has been transferred to the legal successo rs in title of the legal person or to the 
heirs of the natural person; 
 5. If the patent-owner or the owner of exclusive right from patent does not comply with 
Article 52 paragraph (1) and Article 54 of th is Law, the validity of the patent shall 
expire on the date of the expiring of the tenth year of the patent term.  
 
Rights of third person 
 
Article 69 
 
 (1) If license, pledge or any other right of a third person has been entered into the patent 
register, the patent-owner may not renounce his ri ghts without written consent from the person who is 
signatory of the license, pledge or other right.    (2) If the patent-owner fails pay the fee w ithin the prescribed time limit and the license, 
pledge or any other right of a third person has been  entered into the patents register, the Office shall 
notify the third person that the fee had not been paid a nd that in order to keep his right he shall have to 
pay the fee within six months from the date of the notification.    (3) In case of action for securing the registered rights of a third person, the court may decide 
to transfer the patent to the person in whose name th e license, pledge or other right is entered into the 
register, if that is necessary for securing those rights.   (4) In the case referred to in paragraph (3) of this Article, the person to whom the patent rights 
was transferred by the court shall be considered fiduciary patent-owner.  IP/N/1/MKD/I/1 
 Page 21 
 
 
  
Economic rights 
 
Article 70 
  (1) The patent-owner shall have: 
 1. exclusive right to use the protected invention in production;  2. exclusive right to put on the market  objects produced according to the protected 
invention; 
 3. right to dispose of the patent; 
 4. right to prohibit use of the protected invention in production or in trade by third 
person(s) who did not have his consent for that. 
  (2) The right under paragraph (1) of this Article  refers to a patent for process and the product 
obtained directly by that process. 
 
Free use 
 
Article 71 
 
 (1) The patent-owner’s right under Article 70 of this Law for exclusive exploitation of the 
invention shall not apply to: 
 1. acts in which the invention is exploited for private and non-commercial purposes;  2. acts done for the purpose of research a nd development of the subject matter of the 
protected invention, in particular: making, using, offering for sale, import or export of 
protected invention, where such acts are reasonably connected with experiments and 
tests necessary for registration of human and veterinary medications, medical and 
veterinary products or prepara tions for protection of plants; 
 3. direct and individual preparation of medicine in pharmacy on the basis of an 
individual medical prescription and acts relating to the medicine so prepared.  
 
Process patent 
 
Article 72 
 
 (1) If the patent was issued for process, its rights shall also refer to the products and substances directly obtained by that process.  
 
 (2) In absence of proof to the contrary, it sha ll be deemed that the product have been obtained 
by a protected process if the product is new or there is a reasonable doubt that the product was 
obtained by a protected process and that the patent -owner was not able to determine the process 
actually used in spite of the reasonable efforts.   
 (3) It shall be deemed that there is r easonable doubt that the product was obtained by 
protected process if the protected process is the only known process.    (4) The burden of the proving referred to in pa ragraph (1) of this Article shall fall on the 
alleged infringer only if one of the conditions referred to in paragraph (2) of this Article is fulfilled. 
 IP/N/1/MKD/I/1 
Page 22  
 
 Scope of exclusive rights 
 
Article 73 
 
 (1) The scope of the exclusive rights of the pate nt-owner shall be determined with the text of 
the patent claims which have been finally accepte d in the patent granting procedure, where the 
description and the drawings shall be u sed for interpreting the patent claims. 
 
Right based on prior use 
 
Article 74 
 
 (1) The patent right shall have no effect on the person who used the invention prior to the filing date of the application or the date of recogni zed priority right in good faith and not publicly in 
the Republic of Macedonia or performed preparation necessary for use thereof. 
 
 (2) The person referred to in paragraph (1) of th is Article shall have the right, without consent 
from the patent-owner, to continue using the invention to the extent to which it was used or prepared 
for using from the filing date of the application for the invention.  
Exception from infringement of patent right 
 
Article 75 
 
 Use of product made on the bases of patent in c onstruction or equipment of  a ship, aircraft or 
land vehicle belonging to any of the states member of  the Paris Union shall not be considered to be 
patent infringement where such means of transportation finds itself temporarily or accidentally on the 
territory of the Republic of Macedonia, provided th at the product serves exclusively for the purposes 
of that means of transportation.   
Compulsory license 
 
Article 76  
 (1) If the patent-owner does not exploit the prot ected invention or exploits it to the extent 
which is insufficient to satisfy th e needs of the Macedonian market, a nd refuses to conclude a license 
agreement or sets forth non-market conditions for conc lusion of such agreement, the right of use of 
the invention may be given to another person with obligation to pay remuneration to the patent-owner. 
  (2) Compulsory license shall not be given if  the patent-owner proves the existence of 
legitimate reasons justifying the non-exploitation or insufficient exploitation of the protected 
invention.  
Processing request for compulsory license 
 
Article 77 
 
 (1) Request for grant of compulsory license sh all be processed in a litigation procedure by a 
court on the basis of an opinion from the admini strative body competent in the area to which the 
license refers.    IP/N/1/MKD/I/1 
 Page 23 
 
 
 When to file request for compulsory license 
 
Article 78 
 
 (1) Request for grant of a compulsory license may not be filed before the expiration of the period of 4 years as of the filing date of the appli cation or before the expiration of the period of 3 
years as of the date of the patent grant, whichever occurs later.    (2) If the exploitation of the protected inventi on is of public interest, for example for health, 
defense, security, improvement of living environment, or of particular interest to a given branch of 
economy, compulsory license may be granted even befo re the expiration of the terms referred to in 
paragraph (1) of this Article.   
Remuneration 
 
Article 79 
 
 (1) Where compulsory license is granted, th e patent-owner has the right to adequate 
remuneration.    (2) The amount of the remuneration is agreed by  the patent-owner and the user to whom the 
license was granted, i.e. who shall be using the invention protected with patent.  
  (3) If agreement is not achieved, the amount of  the remuneration shall be determined by the 
competent court.   
 (4) The absence of agreement or court decision referred to in paragraph (3) of this Article 
shall not prevent the person who was granted license from exploiting the invention.  
 
Duration of compulsory license 
 
Article 80 
 
 (1) Compulsory license shall not be exclusive.   (2) The duration of the compulsory license shall be connected exclusively with the duration of 
the reasons it had been granted for. 
 
 (3) The compulsory license sh all not be transferable.  
 
Compulsory license of dependant patent 
 
Article 81 
 
 (1) Compulsory license may also be granted if the invention protected by patent cannot be exploited fully or partially without using some othe r invention protected with previous patent where 
the later invention, which is a more significant tec hnical progress, is of particular significance to state 
economy or for supplying the general needs. 
 
 (2) If compulsory license is granted under para graph (1) of this Article, the owner of the 
former patent may request compulsory license for exploiting the invention of the later patent.  
  IP/N/1/MKD/I/1 
Page 24  
 
  
PART TWO 
 
INDUSTRIAL DESIGN 
 
Object of protection 
 
Article 82 
 
 (1) Industrial design right shall protect appearan ce, picture, drawing, contours, composition of 
colors, texture, or combination of these features a pplicable on certain industrial or handcraft products 
or part thereof to the extent that it fulfils th e requirements as to novelty and individual character. 
  (2) For the purpose of this Law, the term "d esign" shall be use for appearance, picture, 
drawing, contours, composition of colors, texture, or combination of these features applicable on 
certain industrial or handcra ft products or part thereof to the extent that it fulfils the requirements as to 
novelty and individual character.  
Product and parts of product 
 
Article 83 
 
 (1) The product under Article 82 paragraph (1) of this Law shall be any industrial or handcraft 
object, including parts intended for incorporation in a complex product.   (2) Under this Law, the product shall be comple x where it consists of different physical parts 
united in one physical unit, as well as a number of independent parts that form that unit. 
  (3) The new appearance, picture, drawing, contours, composition of colors, texture or combination of these features applied on a product in tended to be incorporated in a complex product 
may be protected as industrial design if the incorpor ated part for which protection is sought remains 
visible during normal use of the complex product, and if the visible new appearance, picture, drawing, 
contours, composition of colors, texture or combin ation of these features applied on the incorporated 
part fulfils the requirements as to novelty and individual character.   (4) Normal use referred to in paragraph (3) of  this Article shall refer to use with purpose by 
the user of the product and shall not apply to  maintenance and repairing of the product. 
 
Novelty of design 
 
Article 84 
 
 (1) A design of product shall be considered ne w under this Law if it is essentially different 
from any design previously applied for protection or made available to the public prior to the filing 
date of the application, except if the applicati on was withdrawn before the publication of the decision 
for grant of industrial design right.   (2) The design shall be deemed to have been  made available to the public if it has been 
published as application or granted industrial design right, if it has been exhibited or used in trade or if 
it has been disclosed otherwise in the normal c ourse of business that has made it known to the 
relevant business circles specialized in the given field.   IP/N/1/MKD/I/1 
 Page 25 
 
 
  (3) The fact that the filed design was made available to the public no more than six months 
prior to the filing date of the application without  consent from the applicant shall not influence the 
assessment of novelty and individual character.  
Individual character of design 
 
Article 85 
 
 (1) Designs of products shall be considered  identical when if features differ only in 
insignificant details. 
 
 (2) Design of product shall be considered to have individual character if a skilled person can 
immediately notice differences from any design which was previously made available to the public. 
  (3) Design of product shall not be considered to ha ve individual character for the sole fact that 
its application refers to other industrial or handcraft products or parts thereof. 
  
Absolute grounds for refusal 
 
Article 86 
  (1) An industrial design right shall not protect a design of product which: 
 1.  is contrary to law or morality;   2. presents technical plan or scheme;   3.  exclusively presents cartographic or photographic work;   4. contains national coat of arms or any ot her public coat of arms, flag or emblem, name 
or abbreviated name of a country or inte rnational organization, unless with consent 
from competent authority of that country or organization;  
 5. contains or imitates appearance of a famous person, unless with consent from that 
person or the government body competent fo r general administrative affairs in the 
case of a deceased famous person;  
 6. contains or imitates appearance of a pe rson, unless with consent from that person; 
 7. contains or imitates portrait of a deceased person, unless with consent from all 
successors of that person from the first order of succession. 
  
Relative grounds for refusal 
 
Article 87 
 
 (1) An industrial design right may not protect design of product:  1.  which is not new under Article 84 of this Law;   2.  which has no individual character under Article 85 of this Law;   3. which is exclusively dictated by the type of that product or the product in which it is 
incorporated, or by the technical or  functional characteristics necessary for 
achievement of a certain technical result or normal function of any of those products; 
 4. which infringes previously granted rights of the holder.   (2) Grounds for exclusion from protection by industrial design right under paragraph (1) 
item 4 of this Article may be invoked only by the applicant of earlier application or the owner of 
earlier right.   IP/N/1/MKD/I/1 
Page 26  
 
 Applicant 
 
Article 88 
 
 (1) The designer or his successor in title shall be entitled to initiate procedure for acquiring 
industrial design right. 
  (2) If several designers have jo intly created an industrial desi gn, all the designers or their 
successors in title shall be deemed entitled to initiate  a procedure referred to in paragraph (1) of this 
Article. 
 
Designer 
 
Article 89 
  (1) Designer shall be the person who created the design in the course of his creative work. 
  (2) A person who only provided technical assistance in the creation of industrial design shall not be deemed to be designer.   
Designer’s successor in title 
 
Article 90 
 
 (1) Designer’s successor in title shall be lega l or natural person entitled to acquire an 
industrial design right by virtue of law, le gal business, inheritance or court decision.  
 
 (2) The employer shall be considered to be desi gner’s successor in title if by virtue of law or 
employment contract he has the right to acqui re industrial design created under the inventor’s 
employment.    
Initiation of procedure 
 
Article 91 
 
 (1) The procedure for grant of an industrial design right shall be initiated by filing an application for industrial design right to the Office. 
 
 (2) The procedure for grant of an industrial design right may also be initiated by filing an 
application for industrial design right under the Hague Agreement Concerning the International 
Deposit of Industrial Design of November 28, 1960 as completed in Stockholm on June 14, 1967 and 
amended on September 28, 1979.  
Uniqueness of design 
 
Article 92 
 
 (1) Separate application shall be filed for any new form of body, picture, drawing or 
combination thereof. 
  (2) One application for grant of right to indus trial design may relate to two or more products 
(multiple application).   IP/N/1/MKD/I/1 
 Page 27 
 
 
  (3) Multiple application shall relate to pr oducts classified under a single subclass under the 
Locarno Agreement on International Classification for Industrial Designs (hereinafter: International 
Classification).   
Priority right 
 
Article 93 
 
 (1) As from the date of filing of a proper a pplication of industrial design in the Office, the 
applicant shall have the right to acquire priority ri ght over any other person who shall later file an 
application for the same design.  
  (2) Exception to paragraph (1) of this Article  shall be the case when the conditions for filing 
an application for industrial design under Ar ticles 94 and 95 of this Law are fulfilled.  
 
Exhibition priority right 
 
Article 94 
 
 (1) A person who has exhibited design at an o fficially recognized international exhibition or 
fair in the Republic of Macedonia or in any of the states member of the Paris Union may claim in his 
application that the date of first day of exhibition of the design be accorded as priority date within 90 
days from date of the closing of the exhibition or fair.   (2) The application referred to  in paragraph (1) of this Article shall be accompanied by a 
certificate issued by a competent authority of the state member of the Paris Union proving that the 
exhibition or fair was recognized within the meani ng of the Convention for International Exhibitions 
and shall indicate the type of exhi bition or fair, its place, its opening and closing date or the date of 
use.  
Union priority right 
 
Article 95 
 
 (1) Any legal or natural person who has filed a proper industrial design application in any of 
the states member of the Paris Union or of the Wo rld Trade Organization  shall be granted priority 
right in the Republic of Macedonia from the date of  filing the first application provided that it is 
claimed within 6 months from the filing date.  
  (2) The application under paragraph (1) of this Ar ticle shall be considered proper if the filing 
date is determined under the nationa l legislation of the state member of the Paris Union in which it 
was filed or in accordance with the international ag reements made between the states member of the 
Union, regardless of the future legal outcome of the application.  
 
Obligations of applicant for union priority right 
 Article 96 
  (1) The applicant who intends to use the prior ity right under Article 95 of this Law shall be 
obliged in the application filed in the Republic  of Macedonia to give all information on the 
application the priority to which is claimed and, no later than three months from the date of filing of 
the application, to submit a copy of the first app lication certified by the competent authority of the 
state member of the Paris Union with which the first application was filed. IP/N/1/MKD/I/1 
Page 28  
 
  
Multiple priority right 
 
Article 97 
  (1) The applicant may file a claim for grant of multiple priority right on the basis of several 
earlier applications filed in one or more states member of the Paris Union.    (2) Where multiple priority right is claimed, the time limits under this  Law shall run from the 
date of granted priority right starting from the earliest date of multiple priority right.   
 
Certificate for priority right 
 
Article 98 
  (1) On request of the applicant, the Office shall issue a certificate of priority right as of filing 
date of the application for industrial design.    (2) The conditions, procedure and contents of th e certificate referred to in paragraph (1) of 
this Article shall be prescribed by the regulations issued by the Minister of Economy.   
Contents of application 
 
Article 99 
 
 (1) An industrial design application shall contain: 
 1.  request for grant of industrial design;  
 2.  data on the applicant;   3.  representation of the design for which protection is sought;   4.  description of the design,  if necessary for assessing novelty. 
  (2) An industrial design application shall be deemed as filed if it complies with the 
requirements referred to in para graph (1) of this Article.  
  (3) Other components of the application and supp lements to the application shall be filed in 
the manner and in the number of copies prescribed by the regulations issued by the Minister of 
Economy. 
 
Accordance of filing date of application 
 Article 100 
 
 (1) If the application does not contain the elemen ts provided for in Artic le 99 paragraph (1) of 
this Law, the Office shall notify th e applicant that his application is not proper and that filing date 
cannot be accorded.   (2) If the filing date of the application cannot be accorded, the Office shall invite the applicant 
to correct the deficiencies in acco rdance with Article 99 paragraph (1) of this Law within 30 days 
from the day of receipt of the notification.  
  (3) If the applicant corrects th e deficiencies within the prescrib ed time limit, the Office shall 
issue a conclusion for accordance of the filing date.   IP/N/1/MKD/I/1 
 Page 29 
 
 
  (4) Filing date shall be considered to be the da te of receipt of a proper application within the 
meaning of Article 99 paragraph (1) of this Law,  submitted by the applicant under the notification. 
  (5) If the applicant fails to correct the defici encies within the prescribed time limit, the 
application shall be rejected by conclusion. 
 
Register of industrial design applications 
 
Article 101 
  (1) The application the filing date of which ha d been accorded by conclusion shall be entered 
in the register of industrial design applications.     (2) The contents of the register of industrial design applications and the manner of its keeping 
shall be determined by the regulations issued by the Minister of Economy. 
 
Division of industrial design application 
 
Article 102 
 
 (1) During the granting procedure, multiple  industrial design application may, at the 
applicant’s request, be divided in to two or more applications. 
  (2) The request for division of industrial design application may be filed until the issuing of the decision for grant of industrial design right.   
 (3)  The divided industrial design application shall maintain the filing date and the priority 
right of the first application.  
Processing application in case of dispute 
 
Article 103 
 
 (1) In case of dispute referring to infringement of the right from the industrial design application, the applicant may request the O ffice to proceed the application immediately. 
  (2) The request for immediate proceeding of th e industrial design application may not be filed 
earlier than 90 days from the filing date. 
 
Orderly filed application 
 
Article 104 
  (1) After the entry of the industrial design application in the register of industrial design 
applications, the Office shall examine whether:  1. the filing fee for the application has been paid;  2. translation of the application in Mace donian language has been filed, where the 
application is in a foreign language; 
 3. the application contains the elements and supplements under Article 99 of this Law; 
 4. proper power of attorney has been filed, where the application was filed through 
representative. 
 IP/N/1/MKD/I/1 
Page 30  
 
  (2) If the industrial design application does not contain the basic elements referred to in 
paragraph (1) of this Article, the Office shall notify the applicant to correct the determined 
deficiencies within 60 days from the day of receipt of the notification.    (3) On reasoned request of the applicant, the time limit referred to in paragraph (2) of this 
Article may be extended for justified r easons by no more than two months.  
  (4) If the applicant fails to correct the determin ed deficiencies referred to in paragraph (2) of 
this Article within the prescribed time limit, the O ffice shall reject the industrial design application by 
issuing a conclusion. 
 
 (5) Where an industrial design application refers  to supplements which are not included in the 
application, the Office shall notify the applicant that he may file them within the prescribed time limit. 
If the applicant does not comply with the notificati on of the Office, any reference to the supplements 
shall be considered to be non-existent.  
 
 (6) If the applicant corrects the application w ithin the time limit, the application shall be 
deemed to be orderly filed.   
Examination of application 
 
Article 105 
 
 (1) If the Office determines that the patent app lication is proper under Article 104 of this Law, 
it shall examine whether the conditions for grant of  industrial design right under Articles 84 and 85 of 
this Law are fulfilled.  
 
 (2) If the design for which industrial design a pplication is filed cannot be granted on the 
grounds provided for in Articles 86 and 87 of this Law, the Office shall issue a decision on refusal or a decision on partial refusal of the application.   (3) Decision on refusal of the industrial design application may not be issued if the applicant 
has not been previously notified in writing about  the grounds for full or partial exclusion from 
protection and invited to make a declaration thereon.    (4) The industrial design applicant shall have the right to make a declaration concerning the 
grounds for exclusion of design from protection with in 90 days from the day of the receipt of a 
written notification and to submit evidence on possi ble new facts that might influence the final 
decision of the Office.   (5) In declaration the applicant ma y not additionally change the design. 
  (6) On reasoned request of the applicant, the time limit referred to in paragraph (4) of this 
Article may be extended for no more than 90 days.  
 
Payment of expenses 
 
Article 106 
 
 (1) Where the industrial design application co mplies with the requirements under Article 99 
paragraph (1) and (3) of this Law, the Office sh all issue a conclusion that the requirements for 
publication of a data from industrial design applicat ion had been fulfilled and invite the applicant to  IP/N/1/MKD/I/1 
 Page 31 
 
 
 pay the expenses for publishing the industrial design in  the Official Gazette of the Office within 30 
days.    (2) The Office shall issue a conclusion for rej ection of the industrial design application if the 
applicant fails to pay the expenses referred  to in paragraph (1) of this Article. 
 
 (3) On reasoned request from the applicant, the publishing referred to in paragraph (1) of this 
Article may be postponed for the required period of no more than 12 months as from the filing date or 
the priority date if priority right is claimed.  
Publication of industrial design application 
 
Article 107 
 
 (1) If the applicant complies with Article 106 pa ragraph (1) of this Law, the Office shall 
publish the contents of the application in the Official Gazette of the Office within 90 days.   
 
Opposition 
 
Article 108 
  The opposition to the published industrial design application may, within 90 days from the 
date of publication, be filed to the Office by:  1.  person who filed an earlier industrial design application;  
 2. person who at the time of filing the i ndustrial design application had a trade name 
provided that this trade name or the essential part thereof is identical to the published 
design or part thereof;  
 3.  natural person whose name, family name  or appearance is identical to or essentially 
imitated by the published design;  
 4.  owner of an earlier industrial property right, if the subject of such a right is identical 
to or essentially imitated by the published design;  
 5.  any owner of a copyright on a work whic h is identical to or substantially imitated by 
the published design;  
 6.  any interested person who is of the opinion that the published design has not met the 
requirements as to novelty or individual character or is exclusively dictated by the functional features of the product within the meaning Article 87 of this Law.  
 
 (2) The time limit for filing the opposition under pa ragraph (1) of this Article shall not be 
extended.   (3) The opposition shall be filed as prescribed by  the regulations issued by the Minister of 
Economy.   
Examination of opposition 
 
Article 109 
 
 (1) The Office shall examine whether the oppos ition is filed by the person entitled to file 
opposition within the meaning of Article 108 paragra ph (1) of this Law and whether the opposition is 
filed in the prescribed time limit.   (2) If the requirements referred to in paragraph (1) of this Article are not complied with, the 
Office shall issue a conclusion on rejection of the opposition. IP/N/1/MKD/I/1 
Page 32  
 
  
 (3) If the requirements referred to in paragra ph (1) of this Article are complied with, the 
Office shall notify the industrial design applicant about the grounds specified in the opposition and 
invite him to make a declaration thereon within pr escribed period that cannot be longer than 60 days. 
 
 (4) If the applicant does not declare himself on the reasons specified in the opposition within 
the time limit referred to in paragraph (3) of th is Article, the Office shall decide on the grounds 
specified in the opposition.   
Deciding on opposition 
 
Article 110 
 
 (1) If the applicant declares himself on the grounds specified in th e opposition and submits a 
response to it, the Office shall ex amine the justification of the oppos ition, taking into consideration 
the grounds for opposition and the response to the opposition. 
  (2) If the Office establishes that the opposition is unjustified, it shall refuse it by decision. 
  (3) The decision under paragraph (2) of this Ar ticle shall be sent to the applicant and to the 
person who filed the opposition. 
 
 (4) If the Office establishes that the opposition is justified, it shall refuse the industrial design 
application and communicate a written decision to that  effect to the applicant and to the person who 
filed the opposition.   
Grant of industrial design right 
and entry in register 
 
Article 111 
 
 (1) If the conditions provided for in Articles 86 and 87 of this Law are fulfilled, the Office 
shall issue a conclusion that all requirements for gr ant of right to industrial design had been complied 
with and invite the applicant within 30 days to pa y the maintenance fee for the first five-year term of 
the industrial design, the expenses for publication of  the industrial design in the Official Gazette and 
the expenses for issuing an industrial design certificate.   
 (2) If the applicant pays the fees and expe nses within the time limit referred to in 
paragraph (1) of this Article, the Office shall issue a decision for grant of right to industrial design and 
enter the granted right in the industrial designs register.    (3) If the applicant fails to pay the fees and expenses within the time limit referred to in 
paragraph (1) of this Article, the Office shall issu e a conclusion for rejection of the application. 
  
Scope of protection 
 
Article 112 
  (1) The decision under Article 111 of this Law determines the scope of the granted protection 
of the industrial design right presented w ith the adopted description and presentation. 
  IP/N/1/MKD/I/1 
 Page 33 
 
 
 Acquisition of industrial design right 
 
Article 113 
 
 (1) Industrial design right shall be acquired on the day of the issuing of the decision for grant 
of right and the entry of the industrial design in the register. 
  (2) The date of entering the industrial design in th e register is the same as the date of issuing 
the decision for grant of industrial design.  
Publication of industrial design 
 
Article 114 
 
 (1) The data on the industrial design shall be pub lished in the Official Gazette of the Office no 
later than 90 days from the date of entry of the industrial design in the register. 
  (2) The data published in the Official Gazette sh all be prescribed by the regulations issued by 
the Minister of Economy.  
Industrial design certificate 
 
Article 115 
 
 (1) The industrial design owner shall be issued industrial design certificate within six months 
from the date of issuing a decision for grant of industrial design. 
 
 (2) The data contained in the Industrial d esign certificate shall be prescribed by the 
regulations issued by the Minister of Economy.  
Moral rights of designer 
 
Article 116 
 
 (1) The designer shall always have the right to be mentioned as the designer of the industrial 
design in all the documents and public presentations , irrespective of the fact whether he is the 
applicant or the right-owner. 
 
 (2) The transfer or waiver of the right under pa ragraph (1) of this Article shall be considered 
as nullity.   (3) If several designers have jointly created an  industrial design, all the designers shall have 
equal rights, irrespective of their contribution to th e creation of the industrial design, and therefore all 
of them shall have right to be mentioned as designers.  
  
Economic rights 
 Article 117 
 
 (1) The owner of industrial design shall have the exclusive rights to apply the protected industrial design on products and put on the market  products embodying protected industrial design. 
 IP/N/1/MKD/I/1 
Page 34  
 
  (2) The owner of industrial design shall have th e right to prohibit any unauthorized use of the 
industrial design by third persons.   (3) Without consent from the owner of industr ial design, third person may not manufacture, 
offer, put on the market, import, export or use any product that embodies or imitates protected 
industrial design, nor store such a product for the specified purposes. 
  (4) The owner of industrial design is entitled to  demand information about the origin of the 
product and trade circulation of the product or th e documentation relating to that product from each 
person who had put or intends to put on the mark et a product that embodies or imitates protected 
industrial design. 
 
Free use 
 
Article 118 
 
 (1) The exclusive industrial design rights under Article 117 of this Law shall not affect the 
use of the product that embodies or on which protected industrial design is applied:  1.  for private and non-commercial purposes;  2. for the purpose of informing the public or fo r education, if this is in compliance with 
good business practices and shall not harm the interests of the right-owner and 
designer; 
 3. for experimental and scientific purposes.  
Exception from prohibition to use an industrial design 
 
Article 119 
 
 (1) Use of product made on the bases of industr ial design in the construction or equipment of 
a ship, aircraft or land vehicle belonging to any of the states member of the Paris Union shall not be considered to be industrial design infringement wher e such transport means finds itself temporarily or 
accidentally on the territory of the Republic of Macedonia, provided that the product serves 
exclusively for the purposes of that means of transportation.  
 
Right based on prior use 
 
Article 120 
 
 (1) The right-owner may not invoke the exclusive rights in relation to a third person who has been using the same industrial design or who has pe rformed the relevant preparations for the use of 
the same industrial design prior to the filing date of the application to the Office or the date of granted 
priority right, if claimed, provided that the third person created the industrial design without 
knowledge of the existence of industrial desi gn not available to the public at that time. 
 
 (2) Third person may not use the industrial d esign under paragraph (1) of this Article in a 
manner exceeding the boundaries of usual entrepreneurial activities.   
Acquiescence in use of industrial design 
 
Article 121 
 
 (1) The owner of the prior industrial design right shall have no right to:  IP/N/1/MKD/I/1 
 Page 35 
 
 
  1. request invalidation of a later granted industrial design on the basis of his priority 
right;  
 2. prohibit use of later granted identical or substantially similar industrial design, if he 
had within a five-year period consciously acquiesced this usage, unless the later industrial design was protected in bad faith.  
 
 (2) The owner of the later granted industrial d esign right should have no right to prohibit use 
to the owner of the earlier granted industrial design right.   (3) Acquiescence in the use of an industrial desi gn within the meaning of paragraph (1) of this 
Article may not be a reason for its deletion from the register. 
  
Term and maintenance of industrial design right 
 
Article 122 
 
 (1) The term of industrial design right shall be  5 years from the filing date of industrial design 
application.   (2) The industrial design term may be renewed by  periods of five years up to the total of 25 
years, provided that the industrial design owner, during the last year of protection or within six 
months upon the expiration of that term, files to the Office a request  for renewal of the industrial 
design validity and pays the appropria te maintenance fee and expenses. 
  (3) The new period of protection shall begin w ith the day of expiration of the preceding term 
of protection. 
 
 (4) The data to be contained in the request  for renewal of the industrial design shall be 
prescribed by the regulations issued by the Minister of Economy. 
 
Ceasing of industrial design right 
 
Article 123 
 
 (1) An industrial design shall cease to be valid:  1.  if the term of the industrial design valid ity under Article 122 of this Law has expired;  
 2.  upon a written declaration of the right-owner on waiver of the industrial design the 
day following the day of filing the declaration to the Office;  
 3.  with the lapse of the legal person or upon the death of the natural person who is the 
industrial design owner, on the day of lapse or death, or with the declaration of a 
missing industrial design owner dead, on the day of the coming into force of the declaration, unless the right has been transfe rred to the legal successors in title of the 
legal person or to the heirs of the natural person. 
 
 (2) The declaration referred to in paragraph (1) item 2 of this Article sh all have no legal effect 
if certain right of third person has been entered in the register and the right-owner had not obtained written consent from those persons prior to that.  
 (3) The ceasing of industrial design validity sh all be entered in the register of industrial 
designs.   IP/N/1/MKD/I/1 
Page 36  
 
 PART THREE 
 
TRADEMARK 
 
Object of trademark protection 
 
Article 124 
 
 (1) A trademark shall protect a sign which ma y be represented graphically and which is 
suitable for distinguishing goods or services of one  undertaking from those of other undertakings. 
 
 (2) Trademark shall protect signs suitable for distinguishing, in particular: words, letters, 
numerals, pictures, drawings, combinations of colors, three-dimensional forms, including shapes of goods or their packaging, as well as combinations of all of the above-mentioned signs.  
 (3) The words and letters referred to in paragr aph (2) of this Article may be written in any 
language and alphabet.  
Distinctiveness 
 
Article 125 
 
 (1) A sign shall be suitable for distinguishing if it gives certain goods or services character distinctive from identical or similar goods or services.   (2) While establishing whether a given sign is suitable for distinguishing, all circumstances 
shall be taken into considerati on, particularly the time and scope of its past use in trade.  
 
Absolute grounds for refusal 
 
Article 126 
  (1) A trademark shall not protect a sign: 
 1.  the publishing or use of which is contrary to law or morality;   2.  which cannot be represented graphically;   3.  which is not distinctive, i.e. suitable for distinguishing goods or services in trade;  
 4. which indicates exclusively kind of good s or services, their purpose, time or manner 
of production, geographical origin, quality, price, quantity or weight;  
 5.  which is customary for marking certain kind of goods or services;   6.  which exclusively consists of shape defined by the kind of goods, shape of goods 
necessary to obtain a specific technical result or shape giving substantial value to goods;  
 7.  the appearance of which may create confusion in trade and mislead the average 
consumer particularly as to the geographi cal origin, kind, quality or any other 
characteristic of the goods or services;  
 8. which contains a national coat of arms or  other public coat of arms, flag or emblem, 
name or abbreviated name of a country or  an international organization, as well as 
imitations thereof, except with authoriza tion from the competent authority of the 
country or organization; 
 9. contains or imitates appearance or na me of a famous person, unless with consent 
from that person, or the government bod y competent for general administrative 
affairs in the case of deceased famous person;   IP/N/1/MKD/I/1 
 Page 37 
 
 
  10.  which contains seal, official sign or hallmarks for control and guarantee of quality 
and imitations thereof; 
 11.  which contains religious symbols or imitations thereof.   (2) The signs under paragraph (1) items 3, 4 and 5 of this Article may be protected by 
trademark if the applicant proves that during the long  years of use, the sign acquired distinctiveness.  
 
Relative grounds for refusal 
 Article 127 
 
 (1) Trademark may not protect a sign:  1.  which is identical to earlier trademark filed for protection or registered by another 
person designating identical kind of goods or services; 
 2.  which is identical with or similar to trademark, earlier filed for protection or 
registered by another person designating the same or similar kind of goods or services 
which would mislead the average consumer , including the possibility of association 
to earlier filed for protection or registered trademark. 
  (2) Trademark, earlier filed for protection shall be a reason for refusal within the meaning of paragraph (1) of this Article only if it was registered. 
 
 (3) The term "earlier filed for protection or registered trademark" shall comprise:  1.  trademark enjoying priority right under the provisions of this Law;  2.  earlier internationally registered tradem ark with effect in the Republic of Macedonia; 
 3.  trademarks which at the time of filing the trademark application for the sign referred 
to in paragraph (1) of this Article are well-known in the Republic of Macedonia 
within the meaning of Article 6-bis of the Paris Convention or Article 16(3) from the TRIPs Agreement.  
  (4) Well-known trademark referred to in paragr aph (3) item 3 of this Article shall be in 
particular trademark known to the relevant sector of  the public and trademark which is well-known as 
a result of representation, publicati on and advertising in the public. 
  (5) A trademark shall not protect a sign which infringes earlier acquired rights of:  1.  a person who at the time of filing the trademark application had a trade name, 
provided that the trade name or essential part  of it is identical with or similar to the 
published sign and provided that he manuf actures identical or similar goods or 
renders identical or similar services to t hose to whom the published sign refers, or 
where such goods or services are subject matter of the firm's activity; 
 2.  a natural person whose name and surname or appearance are identical with or similar 
to the published sign;  
 3.  the owner of earlier industrial property right, if the subject matter of such right is 
identical with or similar to the published sign;  
 4.  the person having copyright on the work which is identical with or similar to the 
published sign. 
  (6) A trademark shall not protect a sign which is identical with or similar to a trademark the 
validity of which has expired on the ground of expiri ng of term of protection and if the right-holder 
failed to file a request for renewa l of validity and pay the prescribed fees in the prescribed time limit, 
when a trademark application was filed before the expiration of the period of nine months, counting 
from the expiration date of the trad emark validity, unless the protection of such a sign is required by 
the owner in whose name the trademark has been protected, or by his successor in title. IP/N/1/MKD/I/1 
Page 38  
 
  
 (7) Grounds for exclusion from trademark prot ection under this Article may be invoked only 
by the applicant of the earlier application or the owner of the earlier right.  
Applicant 
 
Article 128 
 
 (1) Procedure for acquiring right to trademark may be initiated by a natural or legal person. 
 
Initiation of procedure 
 
Article 129 
 
 (1) The procedure for grant of trademark shall be initiated by filing an application that 
contains request for grant of trademark a nd other relevant elements under this Law. 
  (2) Separate application shall be filed for each  sign for which trademark protection is sought.  
  (3) One and the same trademark application ma y be used for requesting protection of two or 
more goods and services. 
 
Contents of application 
 
Article 130 
  (1) A trademark application shall contain: 
 1.  a request for grant of a trademark;  2.  appearance of the sign applied for trademark protection;   3.  list of goods or services for which protection is sought.   (2) The other components and supplements of th e application shall be filed in the manner 
prescribed by the regulations issued by the Minister of Economy. 
 
Accordance of filing date of application 
 
Article 131 
 
 (1) If the application does not contain the basic elements provided for in  Article 130 paragraph (1) of this Law, the Office shall notify th e applicant that his application is not proper and 
that filing date cannot be accorded.   (2) If filing date of the application cannot be accorded, the Office shall i nvite the applicant to 
correct the deficiencies in accordan ce to Article 130 paragraph (1) of  this Law within 30 days from 
the date of receipt of the notification.    (3) If the applicant corrects th e deficiencies within the prescrib ed time limit, the Office shall 
issue a conclusion for accordance of the filing date.  
 
 (4) Filing date shall be considered to be the date of reception of a proper application within 
the meaning of Article 130 paragraph (1) of this Law submitted by the applicant under the 
notification.    IP/N/1/MKD/I/1 
 Page 39 
 
 
  (5) If the applicant fails to correct the deficien cies within the prescribed time, the application 
shall be rejected by conclusion.   
Division of trademark application 
 
Article 132 
 
 (1) Any trademark application may, at requ est of the applicant, be divided during the 
trademark granting procedure into two or more app lications in respect to the proposed list of goods 
and services. 
 
 (2) The divided applications shall maintain the priority right of the first application. 
  (3) Request for division of application sha ll be allowed if the applicant of the earlier 
application filed a request for protection of one trademark for two or more goods or services from the 
International classification of goods and services. 
  (4) The applicant shall accompany the requ est for division of the application by new 
trademark applications.    (5) The request for division of application may be filed until the issuing of the decision for 
grant of trademark right. 
  
Priority right 
 
Article 133 
 
 (1) If the trademark application is filed in acco rdance with Article 130 paragraphs (1) of this 
Law, the applicant shall acquire right of priority as from the date of filing of the application over any 
other applicant filing a later trademark applicati on for protection of identical or similar sign and 
identical or similar goods or services.  
Union priority right 
 
Article 134 
 
 (1) Any citizen of the state member of the Paris Union who filed a proper application in any 
of the state member of the Paris Union or the Worl d Trade Organization shall be granted priority right 
in the Republic of Macedonia from the date of filing of  the first application, provided that he requires 
that within 6 months from the date of filing of the first application.    (2) The applicant who intends to use the priority  right under paragraph (1) of this Article shall 
be obliged in the application filed in the Repub lic of Macedonia to give all information on the 
application (state, date and number of application) and, within 90 days from the date of filing the 
application, to submit a copy of the first applica tion certified by the competent authority of the state 
member of the Paris Union or the World Trade Or ganization with which the first application was 
filed, as well as translation of the fi rst application in Macedonian language. 
 IP/N/1/MKD/I/1 
Page 40  
 
 Exhibition priority right 
 
Article 135 
 
 (1) The person who exhibits goods or services marked by a specific sign at an officially 
recognized international exhibition or fair in th e Republic of Macedonia or in any of the member 
states of the Paris Union may, within three months from the date of the closing of the exhibition or 
fair, file an application requesting that the date of exhibition of the goods or  rendering of the services 
be accorded as priority date.  
 (2) The application referred to  in paragraph (1) of this Article shall be accompanied by a 
certificate issued by a competent authority of the state member of the Paris Union proving that the 
exhibition or fair was recognized within the meani ng of  the Convention for International Exhibitions 
and indicate the type of exhibition or fair, its place,  its opening and closing da te and the first day of 
exhibiting the products or rendering the services specified in the application.  
 
When time limits cannot be extended 
 
Article 136 
 
 (1) With grant of priority right under Article 135 of this Law, the time limit under Article 134 
of this Law shall not be expended. 
 
Order of proceeding 
 
Article 137 
 
 (1) Trademark applications shall be proceeded according to their filing date. 
  (2) As exception to paragraph (1) of this Article, an application may be proceeded immediately if:  1. request for international regist ration of trademark has been filed; 
 2. there is a dispute referring to infringement of the right; 
 3. where, under other regulations, it is necessary to perform earlier registration of a 
trademark. 
  (3) In the cases under paragraph (2) items 2 and 3 of this Article, the applicant shall file an 
individual request for immediate proceeding of the application and pay the prescribed fees. 
  (4) The request for immediate proceeding of ap plication cannot be filed earlier than 90 days 
from the date of filing the application.  
Proper trademark application 
 
Article 138 
 
 (1) After entry of the trademark application in  the register of trademarks application, the 
Office shall examine its correctness, i.e. whether it complies with the requirements prescribed by this 
Law and the regulations issued by the Minister of Economy. 
  (2) The trademark application shall be correct if:   1.  separate application has been filed unde r Article 129, paragraph (2) of this Law;  
 2.  the prescribed application fee has been paid and evidence of that submitted thereto;  IP/N/1/MKD/I/1 
 Page 41 
 
 
  3.  it has been drafted in such a manner as to contain all the necessary components and 
supplements provided for in Article 130 pa ragraphs (1) and (2) of this Law;  
 4. an orderly power of attorney is attached  thereto, if the application is filed through 
representative. 
 
Trademark application that is not proper 
 
Article 139 
 
 (1) If the application contains the basic elem ents under Article 130 paragraphs (1) of this 
Law, but is not filed in a way to contain all th e necessary elements and s upplements under this Law 
and the regulations issued by the Minister of Econo my, the Office shall notify the applicant to correct 
the established deficiencies within no more than 90 days from the day of receipt of the notification.  
  (2) On reasoned request of the applicant, the time limit referred to in paragraph (1) of this 
Article may, for the justified reasons, be  extended by no more than 90 more days. 
  (3) If the applicant corrects the application w ithin the prescribed time limit, the application 
shall be considered to be proper.   (4) If the applicant fails to correct the deficienci es referred to in paragraph (1) of this Article 
within the prescribed time limit, the appl ication shall be rejected by conclusion. 
Decision for refusal of application  
Article 140 
  (1)  If the sign for which trademark application is filed is excluded from protection in respect 
to all or some of the specified goods or services on the grounds referred to in Article 126 of this Law, 
the Office shall issue a decision for refusal of the application.   (2) Decision for refusal of trademark applicati on may not be issued if the applicant has not 
been previously notified in writing about the grounds for the full or partial exclusion from protection 
and invited to make a declaration thereon in due time. 
  (3) The trademark applicant shall have the right  to make a declaration concerning the grounds 
for the exclusion of the sign from protection within  90 days from the day of receipt of the written 
notification and to submit evidence on the possible new facts that might influence the final decision of 
the Office. 
 
Publication of application 
 Article 141 
  (1) If the trademark application complies with all the requirements regarding correctness of 
the application under Article 138 of this Law, if the sign is not ex cluded from protection under Article 
126 of this Law and if the prescribed publication f ee is paid, the data from application shall be 
published in the Official Gazette of the Office.  
 (2) The application data published in the Offici al Gazette of the Office shall be prescribed by 
the regulations issued by the Minister of Economy.  IP/N/1/MKD/I/1 
Page 42  
 
 Opposition 
 
Article 142 
 
 (1) Opposition to a published trademark applica tion may, within 90 days from the publication 
date, be filed with the Office by: 
 1.  applicant of an earlier filed trademark application and owner of earlier registered 
trademark under Article 127 paragraphs  (1) to (4) of this Law;  
 2.  person who, at the time of filing th e trademark application, had a trade name, 
provided that such trade name or essential part  of it is identical with or similar to the 
published sign and provided that he manuf actures identical or similar goods or 
renders identical or similar services to those the published sign refers to, or where such goods or services are subject matter of the firm's activity; 
 3.  natural person whose name and surname or  appearance are identical with or similar to 
the published sign;  
 4.  owner of an earlier protected industrial property right, if the subject matter of that 
right is identical with or similar to the published sign;  
 5.  any person having copyright on the work which is identical with or similar to the 
published sign.  
 (2) The time limit for filing opposition referred to in paragraph (1) of this Article shall not be 
extended. 
 
 (3)  The opposition shall be filed in the manner prescribed by the regulations issued by the Minister of Economy.  
Examination of opposition 
 
Article 143 
 
 (1) The Office shall examine whether the oppos ition is filed by a person entitled to that under 
Article 142 paragraph (1) of this Law and whether the opposition is filed in the prescribed time limit. 
 
 (2) If the requirements referred to in paragraph (1) of this Article are not complied with, the 
Office shall issue a conclusion for rejection of the opposition.   (3) If the requirements referred to in paragra ph (1) of this Article are complied with, the 
Office shall notify the trademark applicant about the grounds specified in the opposition and invite 
him to make a declaration thereon within prescrib ed period that cannot be longer than 60 days. 
  (4)  If the applicant does not make a decl aration on the grounds specified in the opposition 
within the time limit referred to in  paragraph (3) of this Article, the Office shall decide within the 
boundaries of the grounds specified in the opposition.  
Deciding on opposition 
 
Article 144 
 
 (1) If the applicant makes a declaration on the grounds specified in the opposition, the Office 
shall examine the justification of the opposition within the boundaries of the specified grounds, taking 
into consideration the declaration thereon.   (2) If the Office establishes that the opposition is  unjustified, it shall be refused with decision. 
  IP/N/1/MKD/I/1 
 Page 43 
 
 
  (3) The decision under paragraph (2) of this Ar ticle shall be sent to the applicant and to the 
person who filed the opposition.   (4) If, in the examination procedure on the opposition, the Office establishes that the 
opposition is justified, it shall refuse the trademark application and submit a written decision to that 
effect to the applicant and to the person who filed the opposition. 
 
Grant of trademark right and entry in register 
 
Article 145 
 
 (1) If the requirements provided for in Article  126 paragraph (1) and Article 127 paragraphs 
(1) to (6) of this Law are fulfilled, the Office sha ll issue a conclusion that the requirements for grant 
of a trademark right had been fulfilled and invite th e applicant within 30 days from receipt of the 
conclusion to pay the fee for maintenance of the trad emark for the first ten-year period, the expenses 
for publication of trademark in the Official Gazet te of the Office and the expenses for issuing a 
trademark certificate.   (2) If the applicant pays the fee and expenses referred to in paragraph (1) of this Article 
within the prescribed time limit, the Office shall i ssue a decision for grant of a trademark right and 
enter the granted right in the trademark register.  
 
 (3) If the applicant fails to pay the fee and expenses referred to in paragraph (1) of this 
Article, the trademark application shall be rejected by conclusion. 
 
Acquisition of trademark right 
 
Article 146 
 
 (1) Trademark right shall be acquired by issuing decision for grant of the right and entry of the trademark in the register.  
 (2) The date of entering the trademark in re gister is the same as the date of issuing the 
decision for grant of the trademark.  
Publication of trademark 
 
Article 147 
 
 (1) The data on the trademark shall be publis hed in the Official Gazette of the Office 
within 90 days from the date of entry of the trademark into register.   (2) The data published in the Official Gaze tte of the Office shall be prescribed by the 
regulations issued by the Minister of Economy. 
 
Trademark certificate 
 
Article 148 
 
 (1) The Office shall issue to the owner a trad emark certificate no later than six months from 
the date of publication of the trademark in the Official Gazette of the Office.  IP/N/1/MKD/I/1 
Page 44  
 
  (2) The data in the trademark certificate shall be  prescribed by the regulations issued by the 
Minister of Economy.  
Economic rights 
 
Article 149 
 
 (1) The trademark-owner shall have the exclusiv e right to use the trademark on the market for 
marking his goods or services.  
 (2) The trademark-owner shall have the right to use the symbol ® next to his trademark. 
  (3) The trademark-owner has the right to prohibi t use on the market by a third person, without 
his consent, of a sign which is:  1. identical to trademark used for identical products or services; 
 2. identical or similar to trademark used for identical or similar products or services if 
that similarity may mislead the average consumer, including the possibility of association between the sign and the trademark; 
 3. identical or similar to trademark used  for different products or services if the 
trademark is well-known in the Republic of  Macedonia and if the use of that sign 
without justified reason may lead to unfa ir competition and damage the distinctive 
character or reputation of the trademark.  
  (4) The prohibition under paragraph (3) of this Article shall also include: 
 1. applying the sign on products and their packages;  2. giving services or putting on the market products marked with that sign, or storing 
products with that intention; 
 3. import or export of products under that sign;  4. use of the sign in correspondence, publishing or marketing.   
Exception from prohibition to use the trademark 
 
Article 150 
 
 (1) The trademark shall not entitle its owner to  prohibit third persons to use in trade their 
name, surname, sign or trade name, address, indicati ons on the kind, quality, quantity, purpose, value, 
geographical origin, date of production of the goods or rendering of the services or any other 
characteristic of the goods, irrespective of the fact th at those indications are identical with or similar 
to the trademark or parts thereof, provided that they are used in compliance with the good business 
practices and does not lead to unfair market competition.   (2) The trademark shall not entitle its owner to  prohibit third persons from using in trade a 
sign which is identical with or similar to a tradem ark if that is necessary for indicating the purpose of 
the goods, particularly the spare parts thereof, or  the kind of services rendered in compliance with the 
good trade practices and does not lead to unfair competition.  
Right based on prior use 
 
Article 151 
 
 (1) The owner of prior trademark right shall not  have the right to require cancellation of later 
trademark on the basis of his earlier priority right nor to prohibit use of the later trademark in relation  IP/N/1/MKD/I/1 
 Page 45 
 
 
 to the goods or services for which the later trademar k has been used, if he had acquiesced in this use 
for five consecutive years, unless the late r trademark was protected in bad faith. 
  (2) The owner of a trademark with later priority right shall not have the right to prohibit use to 
the owner of earlier registered trademark. 
 
Exhaustion of right 
 
Article 152 
  (1) The owner of trademark shall not have th e right to prohibit use of the trademark for 
marking goods or services put on the domestic market by himself or with his consent, unless there have been essential changes in the goods, deteriorati on of their characteristics or change of the nature 
of the goods or services after their putting on the market.    
Reproduction of trademark in publications 
 
Article 153 
 
 (1) If the reproduction of a registered trademark in dictionaries, encyclopedia or similar publications creates an impression that it is a generi c name of the products or services for which the 
trademark was registered, the editor of the publica tion shall, on request of the trademark-owner, 
accompany the reproduction of the trademark in the first following edition of the publication by an indication that the trademark has been registered.  
Term of trademark 
 
Article 154 
 
 (1) A trademark term shall be 10 years as from the date of filing the trademark application.   (2) A trademark may be renewed indefinite num ber of times for term of ten years, provided 
that the trademark applicant files with the Office a request for renewal of the trademark validity and 
pays the corresponding fee and procedural expenses during the last year of the ten-year term of protection or no later than six (nine) mont hs after the expiration of the validity. 
  (3) The new period of protection shall begin th e day of expiration of the previous ten-year 
period of protection. 
  (4) The data to be contained in the request  for renewal of the trademark term shall be 
prescribed by the regulations issued by the Minister of Economy.  
Obligation to use trademark 
 
Article 155 
 
 (1) A trademark-owner shall, in order to mainta in the trademark validity, use the trademark in 
respect to the goods or services for which it has been  granted, unless there are serious reasons for its 
non-use that do not depend on the trademark-owner’s will. 
  (2) The use of trademark within the meaning of paragraph (1) of this Article shall also include 
use of the trademark on packages, catalogues,  brochures, manuals, advertisements, invoices, 
correspondence, means for el ectronic commerce, etc.  IP/N/1/MKD/I/1 
Page 46  
 
  
 (3) The use of a trademark in an insignificantly modified form without changing its distinctive character and the use of a trademark on goods and equipment exclusively for the purpose of export shall also be considered use thereof.  
 (4) The use of a trademark by another person w ith owner’s consent shall be considered use by 
the owner himself.  
Ceasing of trademark right 
 
Article 156 
 
 (1) A trademark shall cease to be valid:  1.  if the term of protection expires and the trademark-owner fails to file, within a 
prescribed time limit, a request for renewal of the trademark validity and pay the 
prescribed fee;  
 2.  upon a written declaration of the right-o wner on waiver of the trademark, on the day 
following the day of filing the declaration to the Office;   
 3.  with the lapse of the legal person or  upon the death of the natural person who is 
trademark-owner, on the day of lapse or death, or with the declaration of a missing trademark-owner dead, on the day of the co ming into force of the declaration, unless 
the right has been transferred to the legal successors in title of the legal person or to 
the heirs of the natural person; 
 4.  on the basis of a court decision or act of the Office in cases provided for by this Law, 
from the date determined in that decision or act. 
 
 (2) The declaration under paragraph (1) item 2 of  this Article shall ha ve no legal effect if 
certain right of third person has been entered in the register and the right-owner had not obtained 
written consent from those persons prior to that.  
Object of protection by collective mark 
 
Article 157 
 
 (1) Collective mark shall protect a sign intended for collective designation of the goods or services put on the market by an association of legal and natural persons.  
Applicant for collective mark 
 
Article 158 
 
 (1) Applicant for collective mark may be a dom estic association of le gal and natural persons. 
 
 (2) Under this Law and in compliance with th e international conventions which have been 
ratified by the Republic of Macedonia, applicant fo r collective mark may also be a foreign legal 
person.   
Contents of application for collective mark 
 
Article 159 
 
 (1) The application for collective mark shall be  accompanied by a general act or contract for 
collective mark.   IP/N/1/MKD/I/1 
 Page 47 
 
 
  
 (2) The general act or contract referred to in paragraph (1) of this Article shall contain name 
of the firm or of the applicant, name of the aut hority or person authorized to represent the applicant, 
provisions about the appearance of the sign and the products or services to which that sign refers, 
provisions on who have the right to use the coll ective mark and the circumstances of the use, 
provisions on the rights and obligations of the users of the collective mark in case of infringement of 
the trademark right, provisions on the measures an d consequences in case of infringement of the 
trademark right and provisions on the measures an d consequences in case of non-following of the 
provisions from the general act or contract.   
Changes in collective marks register 
 
Article 160 
 
 (1) On request of the applicant or the owner of a collective mark, the Office shall enter into 
the register any change or amendment of the c ontract regulating the use of a collective mark. 
  (2) The rights arising from a collective mark sh all not be transferable  and shall not be the 
subject matter of the license.  
 
Object of protection by certification mark 
 
Article 161 
 
 (1) Certification mark shall protect a sign wh ich is being used by several companies under 
supervision of the trademark-owner and it shall protect the quality, origin, way of production and 
other joint characteristics of goods or services of those companies.  
  (2) The provision from Article 126 paragraph (4) of this Law shall not be applied on 
certification marks, except for agricu ltural or alimentary products.  
 
Contents of application for certification mark 
 
Article 162 
 
 (1) The application for certification mark sh all be accompanied by rules for use of the 
certification mark containing provisions on the qualit y and other characteristics of the goods or 
services, the control measures that will be used by  the applicant of the certification mark and the 
sanctions he will be applying.   (2) The owner of the right to certification mark may no use that mark for marking products and services hi put on the market.  
International registration 
 
Article 163 
 
 (1) The trademark-owner or applicant may file a request for international registration of the 
trademark under the international ag reements and conventions ratified  by the Republic of Macedonia.  
  (2) The provisions of this Law shall be applie d to all issues which are not provided for by 
those agreements.   IP/N/1/MKD/I/1 
Page 48  
 
  (3) The request referred to in paragraph (1) of this Article shall be filed through the Office in 
a procedure prescribed by the regulations issued by the Minister of Economy.    (4) For the purpose of international registra tion of trademarks under the Madrid Agreement 
Concerning the International Registration of Marks, the publication of the application under Article 
141 of this Law shall be replaced with publication of the international registration in the Official 
Gazette of international registrations of trademar ks of the World Intellectual Property Organization. 
  (5) The time limit for filing opposition to the gran t of internationally registered trademark for 
the Republic of Macedonia shall run from the fi rst day of the month following the month of 
publication of the Official Gazette of the World International Property Organization in which that 
trademark was published. 
 
PART FOUR 
 
APPELLATION OF ORIGIN 
AND GEOGRAPHICAL INDICATION 
 
Subject matter of protection 
 
Article 164 
 
 (1) Geographical name shall be protected with appellation of origin and geographical 
indication.   (2) Geographical name shall mark products pr oduced by natural or legal persons on a given 
geographical area. 
 
Appellation of origin 
 
Article 165 
  (1) Appellation of origin shall be the geogr aphical name of the country, region or place 
marking the product which originates from that region,  the quality and particular characteristics of 
which are exclusively or mainly conditioned by th e geographical environment, including the natural 
and human factor, and the production, processing and pr eparation of which are entirely carried out in 
the limited region of origin.  
 
Geographical indication 
 
Article 166 
 
 (1) Geographical indication shall be the geogr aphical name of the country, region or place 
marking the product the quality, reputation or ot her characteristic of which may be essentially 
attributed to the geographical origin.    (2) The geographical indication of a product may be protected only if the production and/or 
processing and/or preparation for production are carried out in the place of origin.  
 
 (3) The geographical name which does not comply  with the requirements for protection with 
appellation of origin may be protected as geographical indication.    IP/N/1/MKD/I/1 
 Page 49 
 
 
 Origin of raw materials 
 
Article 167 
 
 (1) Product may also be marked by a geographical  indication if the raw materials used for its 
production originate from a geographical area larger than or other than the processing area provided 
that:  1. the production area of the raw materials is limited or that special conditions for 
production of raw materials exist; 
 2. the traditional way of production, i.e. th e human factor, is crucial to the quality and 
particular characteristics of the product.  
 
Traditional names 
 
Article 168 
 
 (1) Appellation of origin and geographical indication may also be used to protect 
geographical name of a given country, region or place which, in the course of long years of use on the 
market, became generally known as name of the pr oduct which originated from that territory, as well 
as the traditional geographical or non-geographical name  which refers to certain origin of the product 
and complies with the requirements under Article 165 and Article 166 paragraph (2) of this Law.  
 
Field of protection 
 
Article 169 
  (1) Geographical name may be used for marki ng natural, agricultural, industrial, handcraft 
and home-made products.  
Exclusion from protection 
 
Article 170 
 
 (1) A geographical indication or appellation of origin shall not be granted for protection of 
name of place of origin of a product which:  1.  does not meet the requirements under this Law,  2. is against law or morality; 
 3.  with its contents may be misleading as to the kind, origin, quality, manner of 
production or other characteristics of the product; 
 4.  is identical to name of a plant variety or animal race, in case in which it may be 
misleading as to the geographical origin of the product; 
 5.  is identical or similar to a geographical  name or trademark previously registered for 
identical or similar products, when it may be misleading to the average consumer.  
  
Exclusion from protection 
 
Article 171 
  (1) A geographical indication or appellation of origin shall not be granted protection if the 
name of the place of origin of a product has become  a common name for a certain type of products as 
a result of long years of presence on the market.  IP/N/1/MKD/I/1 
Page 50  
 
  (2) The name of the place of origin protected  by a geographical indication or appellation of 
origin may not become generic.   
Homonyms 
 
Article 172 
 
 (1) If the names of two or more places of orig in of a product are the same or almost the same 
in writing, protection of such geographical names with geographical indication or appellation of 
origin shall be granted to all persons who comply  with the requirements under this Law and in the 
manner prescribed in the regulations issued by the Minister of Economy, on the principles of 
equitable treatment of producers on the market and tr uthful informing of consumers, except when it 
may mislead the public as to the true geographical origin.  
Equitable treatment of domestic and foreign persons 
 
Article 173 
 
 (1) Geographical name may be protected in favor  of a foreign natural or legal person and he 
may be registered as authorized user of the protect ed geographical name only if those rights have been 
granted in the countries of origin and if th e requirements under this Law are fulfilled.  
 
 (2) Foreign natural and legal person may be gran ted the rights referred to in paragraph (1) of 
this Article if that results from the international agreements ratified by the Republic of Macedonia or 
on the grounds of bilateral agreement for mutual pr otection if so provided in the legislation of the 
person’s country of origin. 
 
 (3) The geographical name which has already been protected with geographical indication or appellation of origin in the Republic of Macedonia may also be protected abroad on the grounds of 
bilateral agreements for mutual protection or the in ternational agreements ratified by the Republic of 
Macedonia.    
 (4) The application for protection in a foreign country may be filed only by the authorized 
users of geographical names who have been entered in the adequate register kept by the Office.  
 
Initiation of procedure 
 
Article 174 
 
 The procedure for grant of protection of a geographical name and/or acquisition of the right to use a protected geographical name shall be initiated by filing an application containing a request for 
grant of geographical name and request for grant of the right to use a protected geographical name, accompanied by the other supplements provided for by this Law. 
 
Application by foreign person 
 
Article 175 
  (1) While filing the application, foreign pe rsons shall accompany the request for grant of 
geographical name by a true copy of public certificat e or another legal act in the official language of 
the country of origin, as evidence that the geographi cal name had been protected in that country, as 
well as certified translation in Macedonian language.   IP/N/1/MKD/I/1 
 Page 51 
 
 
 Uniqueness of application 
 
Article 176 
 
 (1) One application may refer to protection and grant of the right to use only one geographical 
name relating to only one type of product. 
 
Applicant 
 
Article 177 
 
 (1) The application for protection of a geographical name may be filed by:  - natural or legal persons which produce a gi ven product and associati ons having capacity to 
acquire rights and incur liabilities relating to protection and right of use;  - state administrative body, local administrative body and chambers interested in protection of 
geographical names in the region of their activity. 
 
Contents of application 
 Article 178 
  (1) The application for protection of geographi cal name shall contain a request for protection 
of the geographical name with indication that the re quested protection is by geographical indication or 
appellation of origin.   (2) The application for protection of geographical  name by appellation of origin, apart from 
the request for protection of geographical name, sh all also contain elaboration for the product which 
shall be marked with the geographical name.    (3) The application for protection of geogra phical name by geographical indication, apart 
from the request for protection of geographical name , shall also contain specification for the product 
which shall be marked with the geographical name.  
 
 (4) The contents of the request for protecti on of geographical name, the elaboration and the 
specification shall be prescribed by the regulations issued by the Minister of Economy.   
Elaboration 
 
Article 179 
 
 (1) The elaboration shall be prepared by an institution that fulfills the requirements provided 
for in the regulations issued by the Minister of Economy.   
 (2) The institution competent on preparing the elaboration or any other institution that fulfills 
the requirements provided for in the regulations issu ed by the Minister of Economy shall perform the 
control of the particular characteristics of th e product and shall issue evidence for that.  
  (3) The applicant for protection of geographi cal name with geographical indication shall 
prepare the specification and guarantee for the data therein.  
 IP/N/1/MKD/I/1 
Page 52  
 
 Registers of applications 
 
Article 180 
 
 (1) The Office shall keep register of appli cations for protection of geographical names and 
register of applications for use of protected geogr aphical names, register of protected geographical 
names and register of authorized users of protected geographical name.   (2) The contents of the registers referred to in  paragraph (1) of this Article shall be prescribed 
by the regulations issued by the Minister of Economy.  
 
 (3) The interested parties may inspect the pr otected geographical name and the authorized 
users of those names only in presence of an Office employee.    (4) On written request of interested party and af ter paying the prescribed fee, the Office shall 
issue excerpt from the registers.  
 
Acquisition of right 
 
Article 181 
  (1) Protection of the name of the place of origin of product by geographical indication or 
appellation of origin shall be made by issuing a decision and entering the ge ographical name of the 
product and type of product to which th at name refers in the register of protected geographical names.  
  (2) The right to use protected geographical na mes shall be acquired by issuing a decision for 
grant of the right and entering it in the register of authorized users of protected geographical names. 
 
Term of right 
 
Article 182 
  (1) The term of protection of geographical names shall be unlimited. 
  (2) The right to use protected geographical names shall last for 5 years and may be renewed infinite number of times. The right-owner shall file an application for renewal of the right before the 
expiration of the five-year period in manner prescribed  by the regulations issu ed by the Minister of 
Economy. 
  (3) Renewal of the right to use protected geographical names shall be approved if the 
requirements for acquiring that right have been met,  otherwise, the right of use shall cease on the day 
of expiration of a five-year term of protection. Th e registration of the renewal of the right shall be 
made as prescribed by the regulations issued by the Minister of Economy. 
 
Right of use 
 
Article 183 
   (1) The appellation of origin is a collective ri ght and may be used exclusively by legal and 
natural persons which:  1. produce a product the geographical name of which has been protected with 
appellation of origin;  IP/N/1/MKD/I/1 
 Page 53 
 
 
  2. fully perform the produc tion process in the geographical region specified in the 
elaboration; 
 3. are entered in the register of authorized users as users of that appellation of origin. 
  (2) The geographical indication is a collective ri ght and may be used exclusively by legal and 
natural persons which: 
 1. produce a product the geographical name of which has been protected with 
geographical indication; 
 2. perform the production and/or processing and/or the preparation of the product in the 
geographical region specified in the specification; 
 3. are entered in the register of authorized users as users of that geographical indication. 
 
Contents of application for grant of right to use 
 
Article 184 
 
 (1) The application for grant of right to use protected geographical name (hereinafter: 
application) shall contain:  1. request for grant of right to use a protected geographical name;  2. evidence for performing certain activity;   3. adequate evidence for performed control, when use of appellation of origin is sought, 
or declaration of the applicant, when use of geographical indication is sought. 
  (2) The content of the request for granting right to use protected geographical name, the 
evidence and the declaration referred to in paragra ph (1) of this Article shall be prescribed by the 
regulations issued by the Minister of Economy. 
 
Examination of application 
 
Article 185 
 
 (1) If the application does not contain all th e necessary elements and supplements under this 
Law and the regulations issued by the Minister of Economy, the Office shall notify the applicant to 
correct the established deficiencies within 30 days  from the day of receipt of the notification.  
  (2) On reasoned request of the applicant, the time limit referred to in paragraph (1) of this 
Article may, for the justified reasons, be extended by no more than 30 days.  
 
 (3) If the applicant, within the prescribed time limit, fails to correct the application or pay the 
expenses for correcting the application, the Office  shall issue a conclusion for rejection of the 
application for protection of geographical name or the application for grant of right of authorized user.  
 
Fulfillment of requirements 
 
Article 186 
 
 If under this Law and the regulations issued by the Minister of Economy the Office establishes that the application is proper, it sha ll examine the application and determine whether it 
complies with the prescribed requirements for protection of geographical name or grant of right to 
authorized user.   IP/N/1/MKD/I/1 
Page 54  
 
 Proceeding application and deciding 
 
Article 187 
 
 (1) If the Office determines that the applica tion does not fulfill the requirements for protection 
of geographical name or grant of right to authorized user of protected geographical name, it shall 
inform the applicant in writing about the grou nds for which the geographical name cannot be 
protected or the right to authorized user granted an d invite him to declare himself thereon within 90 
days from the date of receipt of information.  
 (2) On reasoned request of the applicant, the time limit referred to in paragraph (1) of this 
Article may, for justified reasons, be  extended by no more than 90 days. 
  (3) If the applicant does not, within the prescribed  time limit, declare himself or if he does so 
and the Office decides that it cannot protect the geographical name or grant the right to authorized 
user of a protected geographical name, it shall issue a decision for refusal of the application for 
protection of geographical name or the applicati on for grant of right of authorized user of 
geographical name.    (4) If in the case referred to in paragraph (3) of this Article the subject matter is an application 
for appellation of origin which complies with the requirements for protection by geographical 
indication or application for grant of the right to use the appellation of origin which complies with the 
requirements for grant of a right to use the geog raphical indication, the Office shall notify the 
applicant of that fact and, with his approval, it sh all register geographical indication or grant the right 
to use geographical indication.   
Issuing decision and notifying 
 
Article 188 
 
 (1) If the application for protection of geogr aphical name complies with the requirements 
under this Law, the Office shall issue a decision for protection of the geographical name and enter it 
in the register of protected geographical names.  
  (2) If the application for grant of right to authorized user of geographical name complies with the requirements under this Law, the Office shall inv ite by conclusion the applicant to pay within 30 
days from the date of receipt of conclusion the, fee for grant of right of authorized user of 
geographical name for the first 5 years, the expen ses for publishing the data on the granted right to use 
a protected geographical name and the expenses for issuing a certificate, as well as to submit evidence 
of the payments.    (3) If the applicant fails to submit evidence of the made payments within the time limit 
referred to in paragraph (2) of this  Article, the Office shall issue a conclusion for rejection to grant 
right to authorized user of protected geographical name.  
 
Entry in register 
 
Article 189 
 
 (1) If the applicant submits evidence of the ma de payments under Article  188 paragraph (2) of 
this Law, the Office shall issue a decision for grant of right to authorized user and enter the name of 
the applicant in the register of authorized users of protected geographical name and the register of 
protected geographical names.   IP/N/1/MKD/I/1 
 Page 55 
 
 
  
Publication of protected geographical name 
 
Article 190 
  (1) The publication of the protected geographical name in the Official Gazette of the Office 
shall be done ex officio.    (2) The data on the protected geographical na me which are being published in the Official 
Gazette of the Office shall be prescribed by the regulations issued by the Minister of Economy.  
 
Publication of data on authorized user 
 
Article 191 
  (1) When the right-owner pays the expenses for publication of the right of authorized user, the 
Office shall publish the data on the granted right of authorized user in the Official Gazette. 
  (2) The data on the granted right of authorized  user which are being published in the Official 
Gazette of the Office shall be prescribed by the regulations issued by the Minister of Economy.   
Certificate 
 
Article 192 
 
 (1) The Office shall issue to the authorized user of protected geographical name a certificate 
for the recognized right of authorized user within 6 months from the date of issuing of the decision.  
  (2) The contents of the certificate referred to  in paragraph (1) of this Article shall be 
prescribed by the regulations issued by the Minister of Economy.  
Rights of authorized user 
 
Article 193 
 
 (1) The user of protected geographical name shall have the right to use it for marking exclusively the type of product entered in the regi ster of protected geographical names kept by the 
Office.  
  (2) The right on use shall also refer to the use of the protected geographical name on 
packages, business certificates and marketing materials.    (3) The manner of marking the products geogra phical name of which has been protected shall 
be prescribed by the regulations issued by the Minister of Economy.  
 
Non-transferability 
 
Article 194 
 
 (1) The protected geographical name cannot be subject of agreement for transfer of right, 
license, pledge, franchise, etc.  IP/N/1/MKD/I/1 
Page 56  
 
  (2) If the protected geographical name is subj ect of previously applied for protection or 
registered trademark, that trademark ca nnot be transferred, licensed, pledged.  
 
Prohibition 
 
Article 195 
 
 (1) The users of geographical names may request prohibition of:  1.  direct or indirect unauthorized use of the protected geographical name for identical or 
similar products for the purpose of acquiring financial gain; 
 2.  marking products which do not originate from the place of origin indicated with the 
protected geographical name, even when the tr ue geographical origin of the product is 
indicated, when translation of the geographical indication is used or when it is accompanied by additional expressions, like “k ind”, “type”, “sort”, “imitation”, etc.; 
 3.  any kind of use of a protected geographi cal name that damages or takes advantage of 
the reputation of the protected geographical name; 
 4.  any use of false information which may mislead the consumers as to the geographical 
origin, quality or characteristics of the product, placed on the packaging, business certificates or other documents, giving false impression as to the real origin; 
 5.  any other uses that may mislead the c onsumers as to the geographical origin of the 
product. 
  
Free use 
 
Article 196 
  (1) The authorized users of protected geogr aphical names cannot request prohibition due to 
infringement of the right if the protected geogra phical name is being used for information or 
education of the public in a way that does not damage their interests.    (2) The use of geographical names for the pur poses under paragraph (1) of this Article shall 
be performed without remuneration.  
 
Changes in register 
 
Article 197 
  (1) At request of the applicant or the authori zed user of the protected geographical name, the 
Office shall enter in the adequate register all cha nges regarding the granted right of authorized user 
which occurred after the filing of the application or the grant of the right, if they correspond to the 
factual situation.    (2) If the request refers to significant changes in  the scope of production, the request shall be 
accompanied by evidence under Article 178 paragraphs (2) and (3) of this Law, no older than 90 days.  
  (3) The changes entered in the register of aut horized users shall be published in the Official 
Gazette of the Office.   
 (4) The data which should be contained in the request for entering the changes shall be 
prescribed by the regulations issued by the Minister of Economy.    IP/N/1/MKD/I/1 
 Page 57 
 
 
 Conditions for revocation of right to use 
 
Article 198 
 
 (1) The decision for grant of right of use of a protected geographical name may be revoked if 
established that the requirements for protection of geographical name provided for by this Law have 
ceased to exist. In the proceeding on the request for revocation of the decision for grant of right to use 
of a protected geographical name, the authorized user of the protected geographical name shall be obliged to prove that there are grounds for grant of the right.   
Request for revocation of decision 
 
Article 199 
 
 (1) The decision for grant of right to use protected geographical name may be revoked ex 
officio or at proposal of an interested party or a public prosecutor. 
  (2) The request for revocation of the decision unde r paragraph (1) of this Article shall be filed 
to the Office in written form.   (3) The request referred to in paragraph (2) of this Article shall be accompanied by the 
necessary evidence. 
  (4) The Office shall, within 15 days of recei ving the request, submit it to the owner of the 
right of use and invite him to declare himself thereon within 30 days from the reception of the 
notification.  
 
Continuation of procedure for revocation of decision 
 
Article 200 
 
 (1) If the person who filed the request for revoca tion of the decision for grant of right to use 
protected geographical name gives up the request dur ing the procedure, the Office may continue the 
procedure ex officio.    (2)  The right of use of protected geographi cal name granted to a person registered as 
authorized user shall terminate the day after the i ssuing of the decision for revocation of that right. 
   
PART FIVE 
 
JUDICIAL PROTECTION 
 
Infringement of rights 
 
Article 201 
 
 (1) The person who shall infringe the right to industrial property under this Law shall be 
responsible for the damage according to the ge neral rules for remuneration of damages.  
 
 (2) The person whose right was infringed may request, apart from the remuneration, that the 
court orders the person who had infringed the right to desist any future infringement, confiscate and 
destroy the products produced or put on the market that infringe the right, request submission of the IP/N/1/MKD/I/1 
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 documentation and the data on the person who infring ed the right and publish the decision stating the 
infringement in the media on expense of the infringing party.  
Action 
 
Article 202 
 
 (1) An action for infringement of the rights unde r this Law may be instituted by the applicant, 
the right-owner, the person who was granted exclus ive license, the authorized user of geographical 
indication and the appellation of origin or the aut horized user of collective and certification mark. 
 
 (2) The court may interrupt the procedure for infringement of right of applied for protection patent, industrial design, trademark and use of geogr aphical indication or appellation of origin until 
the Office issues a decision for grant of the right.  
 (3) Infringement of applied for protection right or granted right under this Law shall be any 
unauthorized exploitation, disposal, limitation, imitati on, association, disturbing thereof, etc. which is 
contrary to the provision of this Law.   (4) Imitation within the meaning of paragraph (3 ) of this Article shall be established if the 
average consumer, regardless the type of goods, can notice difference only by paying particular 
attention, i.e. if the trademark is translation, transcription or transliteration. 
  (5) The plaintiff shall accompany the action fo r infringement of patent right by adequate 
written evidence under Article 54 of this Law.   
 (6) The court may prescribe the time limit within which the plaintiff has to file the evidence 
under paragraph (5) of this Article.    (7) If the evidence referred to in paragraph (5) of  this Article is not filed within the time limit 
prescribed by the court, the action shall be rejected.  
Time limit for institution of action 
 
Action 203 
 
 (1) The action for infringement of rights under th is Law may be instituted within 3 years from 
the day the plaintiff learnt about the infringement and the infringer, and no later than 5 years from the 
day of the infringement.   
Urgency of procedure 
 Article 204 
 
 (1) The action for infringement of protection of  rights under this Law shall be expeditious. 
 
Declaring of patent-owner or industrial design-owner 
 
Article 205 
 
 (1) The inventor or the designer, his heir or any other successor in title may institute an action 
before the competent court and request to be declared  owner of the patent or industrial design during  IP/N/1/MKD/I/1 
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 the entire term of validity of that patent or industr ial design, if that right was granted to a person who 
is not an inventor or designer, his heir or any other successor in title.  
Entry in register 
 
Article 206 
 
 (1) Within 90 days from the date of submi ssion of the final judgment accepting the request, 
the plaintiff may request to be ente red into the adequate register as patent-owner or industrial design-
owner and adequate certificate to be issued to him by the Office. 
 
 (2) If the person whose request was accepted with in the time limit referred to in paragraph (1) 
of this Article fails to file a request to be entered in the adequate register as  owner of the granted right, 
the right shall be deleted from that register.  
 
Right of third person 
 
Article 207 
 
 (1) The rights which a third person has acquired from the former right-owner shall also apply 
to the new right-owner if they had been entered in the adequate register or properly filed for 
registration before the action. 
 
Mentioning in application and other documents 
 Action 208 
 
 (1) The inventor of the patent or the designe r of the industrial design may institute an action 
to the competent court asking to be menti oned in the application and the documents. 
  (2) In case of death of the inventor or designer re ferred to in paragraph (1) of this Article, the 
right for instituting an action passes on his heirs. 
 
Request for publication of judgment 
 
Article 209 
  (1) Apart from the request under Article 201 paragr aph (2) of this Law, the plaintiff may also 
ask for court decision recognizing him as inventor or  designer to be published on the expense of the 
defendant.    (2) Apart from the request referred to in paragr aph (1) of this Article, the plaintiff may also 
request remuneration for non-material damage.  
 
Time limit for filing action 
 
Article 210 
  (1) The action for infringement of right to pa tent or industrial design may be initialed from 
the date of filing an application during the entire term  of validity of the patent or the industrial design. 
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 Infringement of moral right 
 
Article 211 
 
 (1) In case of infringement of moral right, the court may rule the inventor or designer to 
receive adequate remuneration for damage on hi s personality, honor and reputation, i.e. for non-
material damage, if that is determ ined as justified under the circumstan ces in the case, particularly the 
degree of damage and its duration.   
Contesting right to trademark 
 
Article 212 
 
 (1) Legal or natural person may institute an  action and request the competent court to 
establish that the sign he uses on the market to mark his goods or services is identical with or similar 
to the trademark used by another legal or natura l person to mark his own goods or services of the 
same or similar type and that that sign was generally known as sign for marking of the goods or 
services of the plaintiff even before the defe ndant had filed the trademark application.  
  (2) The plaintiff may ask the court to issue a decision declaring him trademark-owner.  
 (3) The action under paragraph (1) of this Ar ticle shall not be accepted by the court if the 
defendant, the trademark-owner, proves that he had used the mentioned sign for the same or similar 
type of goods or services even before filing the a pplication for as long as the plaintiff or longer.  
  (4) The action under paragraph (1) of this Article  may not be instituted after the expiration of 
the time limit of 5 years from the date of entering the trademark in the trademark register. 
 
PART SIX 
 
SECURITY MEASURES 
 
Provisional measures 
 
Article 213 
 
 (1) The right-owner who can initiate an action for infringement of his rights under this Law 
may also submit to the court request for ruling provisional measures under the conditions and in the 
manner provided for by the Law on executive procedure.  
Submission of data and other documents 
 
Article 214 
 
 (1) The right-owner may request the persons  who were in any way connected with the 
infringement of the right acquired under this Law (producer, publisher, importer, distributor, 
consignor, owner, seller, owner of samples, items or means with which his right was infringed and 
other persons) to submit the data and document s regarding the infringement without delay.  
 
 (2) If the persons referred to in paragraph (1 ) of this Article fail to submit the data or 
document at their disposal, they shall be responsib le for remuneration of damages caused by that 
failure.    IP/N/1/MKD/I/1 
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  (3) If the right-owner referred to in paragraph (1) of this Article abuses the data or documents 
acquired from the persons under para graph (1) of this Article, causing them damages, he shall be 
obliged to remunerate the damages under the ge neral provisions for remuneration of damages. 
 
Border measures 
 
Article 215 
 
 (1) If the right-owner lodges an application that  the import of given goods in the Republic of 
Macedonia infringes his rights acquired under this Law, at his request, the customs officials may rule 
the following border measures: 
 1.  an authorized customs employee, accompanied by the right-owner or his 
representative, to inspect the goods which are being imported and exclude them from trade or store them in a safe place, unl ess the importer has authentic evidence on the 
production of the goods he is importing. 
 
 (2) At request of the customs officials or th e importer, the right-owner shall be obliged to 
submit bail for possible damages caused by the measures under paragraph (1) of this Article.    (3) The customs officials shall immediately notify the importer and receiver of goods of the ruled measures. 
 
 (4) The customs officials shall suspend the ru led measures under paragraph (1) of this Article 
if the right-owner does not institute an action for infr ingement of right to the competent court within 8 
days from the date of filing the request.  
Civil penalty 
 
Article 216 
 
 (1) During an infringement of rights acquired unde r this Law, if the right has been infringed 
intentionally and because of omission, the ri ght-owner may request payment of the usual 
remuneration increased by 200%, regardless whether th e infringement resulted in material damage.  
  (2) On deciding on the request for payment of remuneration under pa ragraph (1) of this 
Article and determining the amount, the court shall ta ke into consideration all circumstances in the 
case, particularly the degree of guilt of the defenda nt, the amount of the usual remuneration and the 
preventive purpose of the penalty.  
  (3) If the material damage is higher than  the penalty, the right-owner may request 
remuneration of the difference until full compensation.   
PART SEVEN 
 
TRANSFER OF INDUSTRIAL PROPERTY RIGHTS 
 
Agreement for transfer of right 
 
Article 217 
 
 (1) The applicant for industrial property right and the right-owner may by agreement fully or 
partially transfer their right under the conditions prescribed by this Law and other provisions.   IP/N/1/MKD/I/1 
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  (2) The agreement for transfer of right shall be  filed in written form and the signatures of the 
parties in the agreement shall be certified by a notary public.    (3) On request of one of the parties in the agreement, the agreement under paragraph (2) of 
this Article shall be entered in an adequate register kept by the Office.  
 
 (4) The agreement under paragraph (2) of this Ar ticle which has not been filed in written form 
and certified shall not have legal effect.   
License agreement 
 
Article 218 
 
 (1) The applicant for industrial property right a nd the patent-owner may by agreement fully or 
partially license the use of that right.  
 
 (2) The license agreement shall be filed in written form.    (3) If the patent application was filed by more  than one person or more than one person is 
patent-owner, consent from all patent-owners shall be necessary for concluding a license agreement. 
 
 (4) License agreement which has not been filed in written form shall not have legal effect.  
  (5) License agreement which has not been entered in the adequate register  shall not have legal 
effect for third persons.   
Elements of license agreement 
 
Article 219 
 
 (1) The license agreement shall contain: dura tion of license, scope of license, whether the 
license is exclusive and the amount of remunera tion paid for the licensed right, where such 
remuneration has been agreed.  
  (2) On request of one of the parties in the agreement under paragraph (1) of this Article, the 
agreement shall be entered in the ade quate register kept by the Office. 
 
Declaring license agreement as nullity 
 
Article 220 
 
 (1) In the license agreement, any provision wh ich poses limitations to the licensee that do not 
result from the right which is subject matter of the agreement or which is unnecessary for maintaining 
that right shall be declared as nullity.  
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 PART EIGHT 
 
TERMINATION OF PATENT AND TRADEMARK IN CASE OF NON-USE 
 
Termination of patent 
 
Article 221 
 
 (1) The Office may issue a decision for termina tion of patent if grant of compulsory license 
could not reach the goal for which it was granted, at request of an interested legal or natural person 
and according to previously acquired opinion of th e administrative body competent in the area in 
which the patented invention should be exploited.   (2) The request for terminating the patent ca nnot be filed before expiring of two years from 
the date of grant of the first compulsory license.  
 
 (3) The request referred to in paragraph (2) of  this Article shall be filed to the Office in a 
written form.    (4) Within 15 days from the receiving the requ est, the Office shall submit the request to the 
patent-owner and invite him to declare himself ther eon within 30 days from receiving the notification. 
 
Termination of trademark 
 
Article 222 
  (1) If the trademark-owner has not used the trademark for marking the goods or services it 
refers to without justified reasons for over 5 y ears continuous period from the date of entering the 
trademark in the trademark register or from the da te when the trademark was last used, the Office may 
at request of an interested person issue a d ecision for termination of that trademark.  
  (2) In the procedure on the request for termina tion of a trademark, the trademark-owner shall 
have to prove that he is using the trademark.  
  (3) The right to collective mark may also be te rminated if the trademark is not used under the 
general act or contract for collective trademark.   
 (4) The request referred to in paragraphs (1) and (3) of this Article shall be filed to the Office 
in written form.    (5) Within 15 days from the reception of the request, the Office shall submit it to the 
trademark-owner and invite him to declare himself within 30 days from the date of reception of the 
notification.  
 
Decision for termination of right 
 
Article 223 
  (1) The patent and the trademark shall stop be ing valid the date when the decision of the 
Office for termination enters into force.   (2) The decision referred to in paragraph (1) of this Article shall be published in the Official 
Gazette of the Office.  IP/N/1/MKD/I/1 
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PART NINE 
 
DECLARING DECISION FOR GRANT OF INDUSTRIAL PROPERTY RIGHTS AS 
NULLITY 
 
Declaring as nullity 
 
Article 224 
  (1) The decision for grant of industrial propert y right under this Law shall be declared as 
nullity if it is established that the conditions for grant of that right are not provided for by this Law.  
 
Proceeding proposal 
 
Article 225 
 
 (1) The decision for grant of industrial propert y right may be declared as nullity during the 
whole term of protection, ex officio, at proposal of an interested person or at proposal of the public 
prosecutor.  
 (2) The proposal for declaring a decision as nu llity shall be filed to the Office in a written 
form.    (3) The proposal under paragraph (1) of this  Article shall be accompanied by the necessary 
evidence. 
 
 (4) The Office shall submit the proposal to the right-owner within 15 days from the reception 
thereof and invite him to declare himself thereon w ithin prescribed period that cannot be longer than 
60 days from the reception of the proposal.   
Weaver of proposal 
 
Article 226 
 
 If the person filing the proposal for declaring as nullity the decision for grant of industrial property right renounces the proposal during the procedure, the Office may continue the procedure ex 
officio or on request of the owner of that right.  
 
PART TEN 
 
REPRESENTATION 
 
Article 227 
 
 (1) In the procedure for protection of industria l property rights before the Industrial Property 
Protection Office, the client may be represented by natural and legal persons entered in the register 
kept by the Office. 
 
 (2) In the register referred to in paragr aph (1) of this Article the Office may enter: 
 - natural person who has graduated at the facu lty of law or any technical faculty and passed 
the specialist examination in industrial property or special examination in the field regulated by this 
Law and taken in the Office;  IP/N/1/MKD/I/1 
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  - legal person who has at least one employee w ho has graduated at the faculty of law or any 
technical faculty and fulfils the conditions re ferred to in item 1 of this Paragraph.  
  (3) The Minister of Economy shall issue th e regulations regarding the register of 
representatives referred to in paragraph (1) of this Article and the contents of the special examination 
under paragraph (2) item 1 of this Article. 
 
PART ELEVEN 
 
PENALTY PROVISIONS 
 
Article 228 
 
 (1) Fine in the amount of MKD 150,000 to MKD 300,000 shall be imposed to the legal person which: 
 1. performs unauthorized representation of fo reign legal and natura l persons (Article 16 
of this Law); 
 2. performs unauthorized use of applied for protection or protected invention 
(Article 202 paragraphs (3 ) and (4) of this Law); 
 3. performs unauthorized use or imitation of applied for protection or protected 
industrial design (Article 202 paragr aphs (3) and (4) of this Law); 
 4. performs unauthorized use or imitation of applied for protection or protected 
trademark (Article 202 paragraphs  (3) and (4) of this Law); 
 5. performs unauthorized use or imitatio n of a well-known trademark (Article 202 
paragraphs (3) and (4) of this Law); 
 6. performs unauthorized use or imitation of  protected geographical name (Article 202 
paragraphs (3) and (4) of this Law); 
 7.  at request of the right-owner, does not submit the documents and data regarding an 
infringement (Article 202 para graph (5) of this Law). 
  (2) For offences referred to in paragraph (1) of this Article, the competent employee in the 
legal person shall also be imposed a fine in the amount of MKD 25,000 to MKD 50,000.  
 
 (3) For offences referred to in paragraph (1) of  this Article, the legal person shall be ruled the 
security measure prohibition of performing the activit y in the period of six months to one year. 
  (4) Fine in the amount of MKD 10,000 to MKD 50,000 shall be imposed on the person who 
independently performs economic or professional activ ity without the capacity of legal entity if he 
performs any of the activities under Article 228 of this Law.   (5) Fine in the amount of MKD 10,000 to M KD 50,000 shall be imposed on natural person if 
he performs any of the activities under Article 228 of this Law.   
 (6) For offences referred to in paragraph (1) of  this Article, the natural person shall be ruled 
the security measure prohibition of performing the ac tivity in the period of six months to one year. 
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 PART TWELVE 
 
TRANSITIONAL AND FINAL PROVISIONS 
 
Transformation of the Bureau in Industrial Property Office 
 
Issuing sub-law acts 
 
Article 229 
  (1) The regulations provided by in this Law shall be enacted  by 31.12.2003.  
 
Procedures in course 
 
Article 230 
 
 (1) The procedures for grant of industrial propert y rights which were not finished by the date 
of entry into force of this Law shall be finished under the provisions which were in force until the date 
of entry into force of this Law.    (2) The procedures for infringement of industrial property rights which were not finished by 
the date of entry into force of this Law shall be finished under the provisions which were in force until 
the date of entry into force of this Law.   (3) The procedures for declaring as nullity a d ecision for grant of industrial property rights 
which were not finished by the date of entry into  force of this Law shall be finished under the 
provisions which were in force until the date of entry into force of this Law. 
  (4) The procedures on patent applications fo r plant variety and hybrid which were not 
finished by the date of entry into force of this Law shall be finished under the provisions which were in force until the date of entry into force of this Law.  
 (5) The provisions under Article 66 paragraph (2) of this Law for extension the term of 
validity of patents with supplementary certificate sh all be applied to the applications filed to the 
Office after the date of entry into force of this Law.     (6) The rights to plant variety and hybrid which ar e valid at the date of entry into force of this 
Law shall continue to be valid under the provisions which were in force until the date of entry into 
force of this Law.   (7) The rights to model and design which are valid at the date of entry into force of this Law 
shall continue to be valid under the provisions of this Law.  
Termination of validity 
 
Article 231 
 
 (1) On the date of application of this La w, the validity of the Industrial Property Law 
(“Official Gazette of the Republic of Macedonia”, No. 45/93) shall terminate. 
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 Entry into force 
 
Article 232 
 
 (1) This Law shall enter into force on the eight h day of its publication in the “Official Gazette 
of the Republic of Macedonia” and will be applied from 01.01.2004.  
 
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