Pursuant to Article 75 paragraphs 1 & 2 of the Constitution of the Republic of Macedonia, the 
President of the Republic of Macedonia and the President of the Assembly of the Republic of 
Macedonia issue this  
 
 
DECREE  
FOR PROMULGATION OF  
THE LAW ON INDUSTRI AL PROPERTY  
 
The Law on Industrial Property, adopted by the Assembly of the Republic of Macedonia on its 
session held on 12 January 2009, is hereby promulgated.  
 
No. 07 -1006/1  
12 February 2009  
Skopje   President of the  
Republic of Macedonia  
Branko Crvenko vski 
 President of the  
Assembly of the Republic of  
Macedonia,  
Trajko Veljanoski   
 
 
LAW ON INDUSTRIAL PROPERTY  
 
PART I  
 
GENERAL PROVISIONS  
 
Contents of the 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, appellation of origin 
and geographical indications.  
(2) Patent shall be used for protection of invention .  
(3) Industrial desig n shall be used for protection of new form of body, picture, drawing, contour, 
composition of colours or their combination – design.  
(4) Trade mark shall be used for protection of trade sign.  
(5) Appellation of origin and geographical indication shall be u sed for protection of geographical 
name.  
 
Definitions  
 Article 3  
 
Certain terms used in this Law shall have the following meaning:  
- “Industrial property rights” shall be rights to intellectual creative work and economic ties in the 
field of industry and trade including agriculture in terms of Article 2 paragraph (1) of this Law;  
- “Patent” shall be industrial property right protecting the invention in procedure pursuant to this 
Law;  
- “Industrial design” shall be industrial property right acquired in a procedure in compliance with 
this Law, and which  protects the design;  
- “Trademark”(mark for goods, service mark, collective, and certification mark) shall be the   
industrial property right acquired in a procedure in compliance with this Law and which p rotects 
the trade sign;  
- “Geographical indication” shall be the industrial property right acquired in compliance with 
this law by which the geographical name is protected;  
- “Appellation of origin” shall be the industrial property right acquired in comp liance with this 
law by which the geographic name is protected;  
- “Invention shall be a solution to a technical problem related to a product, a procedure or a 
material which is the result of a certain procedure;  
- “Design” shall be the outer appearance o f a product as a whole or its part defined by its 
designations i.e. lines, contours, colours, shapes, texture, and material from which the product is 
made, or decorated like and/or its ornaments;  
- “Tradesign” shall be a sign that may be presented graphic ally and fulfils the requirements laid 
down in Article 175 of this Law;  
- “Geographical name” shall be a name and/or designations of the country, the region or the 
location designating that the product originates from that region;  
- “Protected, registered or recognised industrial property right” when used in this Law, shall have 
the same meaning;  
- “Biological material” shall be a material that contains genetic information and may be 
reproduced alone or in a biological system;  
- “Clear biological procedure”  shall be a procedure consisting of a natural phenomenon such as 
crossbreeding or selection;  
- “Medical product” shall be any substance or combination of substances in pharmaceutical 
dosage for the purpose of treatment, diagnosing, or prevention of diseas es i.e. for the purpose of 
prevention, correction or modification of physiological functions of people and animals;  
- “Product” shall be a pharmaceutical active ingredient or a combination of active ingredients of 
the medical product;  
- “Basic patent” shal l be a patent allocated to any product, including the procedure for 
manufacturing a product or its use, and which is indicated in the procedure for issuing a 
certificate;  
- “Certificate” shall be a certificate for additional protection of medical products or a certificate 
for additional protection of products for protection of plants;  
- “Plant protection products” shall be active substances and preparations that  contain one or 
more active substances in the form in which they are delivered to the user, to:   
- protect plants or plant products against all harmful organisms or hinder the effects of such 
organisms, unless such substances or preparations are otherwise defined below:  - impact the life process of plants, without showing characteristics of a nutri tive component (for 
example, regulators of the growth of plants);  
- protect plant products;  
- exterminate undesired plants; or  
- exterminate part of plants, limit or prevent the undesired growth of plants;  
- “Substances” shall be chemical elements and th eir compounds which may occur in a natural or 
a processed form, including any admixture unavoidably resulting from the production process;  
- “Active substances” shall be substances or microorganisms, including also viruses which have 
general or special ef fect against harmful organisms or on plants, parts of plants or plant products;  
- “Preparations” shall be admixtures or solutions consisting of two or more substances of which 
at least one is an active substance, and are intended to be used as a product fo r protection of 
plants;  
- “Plants” shall be living plants or living parts of pants, including also fresh fruit and seeds;  
- “Plant products” shall be products of plants in which have not been processed or which 
underwent simple preparation: grinding, dry ing or pressing, with the exception of the plants 
themselves;  
- “Harmful organisms” shall be pests on plants or plant products belonging to the world of 
animals or plants and also viruses, bacteria and microorganisms and other pathogenic agents;  
- Paris Convention for the Protection of Industrial Property adopted in 1883, (hereinafter referred 
to as; “Paris Convention”)  
- Agreement on Cooperation in the field of Patents of 19 June 1970, as amended (hereinafter 
referred to as: “ACP”);  
- Madrid Agreement Concerning the International Registration of Marks of 14 April 1891, as 
amended (hereinafter referred to as: the Madrid Agreement);  
- “International Classification of Goods and Services” shall be the classification according to the 
Nice Agreement concerni ng the international classification of goods and services for registration 
of marks of 15 June 1957, as amended;  
- ,,Locarno Classification” shall be the classification according to the Locarno Agreement 
Establishing an International Classification for In dustrial Designs of 8 October 1968, as 
amended;  
- “Paris Union” shall be the union established by the Paris Convention;  
- “Hague Agreement Concerning the International Registration of Industrial Design”, Hague 
document of 28 November 1960, as amended (her einafter referred to as: Hague Agreement);  
- “Agreement on cooperation in the field of patents between the Government of the Republic of 
Macedonia and the European Patent Organisation and the Provisions  regulating the extension of 
the European patents of  24 June 1997 (hereinafter referred to as “Extension Agreement”);  
- European Patent Convention of 5 October 1973, revised on 17 October 1991 and 29 December 
2000, adopted by the Administrative Council of the European Patent Organisation on 28 June 
2001 (h ereinafter referred to as: “EPC”);  
- European Patent Office in charge of conducting the procedure to recognise European patents in 
compliance with the EPC (hereinafter referred to as: “EPO”)  
- Patent applications submitted to the EPO which have a fixed d ate for submission to the EPO 
(hereinafter referred to as: European applications);  
- Patents which the EPO has recognised on the basis of EPC (hereinafter referred to as:  
European patents);  - Protocol Relating to the Madrid Agreement Concerning the Inte rnational Registration of Marks  
of 27 June, 1989 (hereinafter referred to as: the Madrid Protocol);  
- World Trade Organisation, international organisation established by the Marrakesh Agreement 
(hereinafter referred to as: WTO);  
- the WTO Agreement on T rade-Related Aspects of Intellectual Property Rights (hereinafter 
referred to as: “TRIPS”) and  
- Convention Relating to International Exhibition signed at Paris on 22 November 1928, last 
revised on 31 May 1988 (hereinafter referred to as: “Convention for International Exhibitions”).  
 
  
Principle of legality  
 
Article 4  
The rights recognised pursuant to this Law may not be used contrary to the Constitution, the laws 
and the good business practices.  
 
Entities of industrial property rights  
 
Article 5  
 
(1) Ent ities of industrial property rights shall be national and foreign legal and natural persons.  
(2) The foreign legal and natural persons shall enjoy the same rights as the national legal and 
natural persons, in accordance with this Law, with regard to the p rotection of the industrial 
property rights in the Republic of Macedonia, provided that this asises from the international 
agreements and conventions or from the application of the principle of reciprocity.  
(3) The existence of reciprocity referred to in paragraph (2) of this Article, shall be proven by the 
individual that refers to it.  
Rights of the entities of industrial property rights  
 
Article 6  
 
(1) The inventor of a patent and the author of industrial design shall have moral and exclusive 
rights to their creative works laid down by law.  
(2) The entities referred to in paragraph (1) of this Article, as well as the holder of the patent, the 
industrial design, the mark, the authorised user of appellation of origin and the authorised user of 
geographica l indication, shall also have other rights laid down in the international agreements 
and conventions, other laws, general acts and contracts.  
 
 
Moral right  
 
Article 7  
 
(1) It shall be the moral right of the inventor and the author to be stated in the appl ication and 
documents relating to the patent and the industrial design.  (2) If the invention or design is the result of the creative labour of more individuals, they shall 
enjoy the right referred to in paragraph (1) of this Law.  
 
 
Exclusive rights  
 
Article 8  
 
 (1) The exclusive right to the holder of the patent, the industrial design and the trademark shall 
cover the right of use, availability, right to compensation and right to forbid unlawful use by 
third parties in the cases and manners provided by th e international agreements and conventions, 
by this law, other laws and a contract.  
(2) The holders of collective trademark and the authorised users of appellation of origin and the 
geographical indication shall enjoy the rights referred to in paragraph ( 1) of this Article other 
than the right to availability.  
 
Competent Institution  
 
Article 9  
 
(1) The works related to the aquiring and safeguarding of the industrial property rights shall be 
performed by the State Office of Industrial Property (hereinafter  referred to as: the Office).  
(2) The Office shall be an administrative organisation with a status of an independent state 
administrative body with responsibilities laid down with this or other laws.  
(3) The Office has the capacity of a legal person.  
(4) The seat of the Office shall be in Skopje.  
 
 
Management  
 
Article 10  
 
(1) The Office shall be managed by a director.  
(2) The director shall have a deputy.  
(3) The director of the Office and the deputy shall be appointed and dismissed by the  
Government of the Republic of Macedonia.  
(4) The director shall represents the Office.  
 
 
Competences  
 
Article 11  
 
The Office shall perform the following tasks:  
- to accept applications related to the protection of industrial property rights;  
- to carry out admini strative procedure to acquire industrial property rights;  - to maintain a register of acquired rights and other registers laid down with this Law;  
- publish an official newsletter that includes data on registered and recognised industrial property 
rights ;  
- to conduct examination for the representatives in the field of industrial property to protect the 
industrial property right;  
- to prepare proposals to adopt legal and other acts in the field of industrial property;  
- to promote the protection of ind ustrial property;  
- to represent the Republic of Macedonia and to stand for its interests in international, European 
and regional organisations for industrial property.  
- to launch initiatives concerning the ratification of international agreements and t o take care of 
the delivery of obligations in the field of industrial property arising from the ratification of 
international agreements signed by the Republic of Macedonia;  
- to prepare and publish guidelines, manuals and comments in the field of industr ial property;  
- to cooperate with other entities involved in the system of protection industrial property rights in 
the country and abroad; and  
- to perform other tasks laid down by law.  
 
 
Financing  
 
Article 12  
 
(1) The operating assets of the Office sh all be provided by its own incomes and, if necessary, 
also by additional resources from the budget of the Republic of Macedonia.  
 
 
Incomes  
 
Article 13  
 
The Office shall use its own incomes for the assignments it performs according to the Madrid 
Agreement,  the Madrid Protocol and the Hague Agreement, the Extension Agreement including 
from the collection of costs in the procedure and from fees for providing information services.  
 
 
Relation of the Office with other authorities and users  
 
Article 14  
  
The Off ice shall cooperate with other state adminisrative bodies, legal and natural entities and 
associations of citizens in the field of industrial property when performing its activity and shall 
exchange information with other offices abroad, unless otherwise d etermined by law for certain 
type of exchange of information.  
 
 
Report   
Article 15  
  
The Office shall report at least once a year regarding their work to the Government of the 
Republic of Macedonia.  
 
Registers and publication of data from the Office Regi sters 
 
Article 16  
(1) The Office shall maintain registers of registered and recognised industrial property rights and 
a register of representatives in the field of industrial property.  
(2) The register shall also include the later changes regarding the ap plicant, the right holder and 
the right itself.  
(3) The registers of paragraph (1) of this Article shall be public.  
(4) The registers of the Office shall be maintained electronically.  
(5) The data regarding the submitted applications and the recognised industrial property rights 
shall be published in the official newsletter in compliance with the provisions of this Law.  
(6) The official newsletter shall be issued electronically and announced on the web site of the 
Office.  
Types of applications for prot ection of industrial property rights  
 
Article 17  
(1) The protection of industrial property rights in the Republic of Macedonia shall be claimed by 
filing a relevant application to the Office.  
(2) The Office shall accept applications claiming protection of  industrial property rights abroad, 
when this is in compliance with the international agreements and conventions ratified by the 
Republic of Macedonia.  
(3) The protection of industrial property rights in the Republic of Macedonia may be claimed 
also by an  application filed abroad provided that it is in compliance with the international 
agreements and conventions ratified by the Republic of Macedonia.  
(4) The applicant refereed to in paragraph (3) of this Article shall be entitled to the same rights as 
the applicant of a national application, unless otherwise determined by a separate agreement or 
convention.  
 
Application filing method  
Article 18  
 
(1) The application to obtain industrial property rights shall be filed in writing, in person, by mail 
or elect ronically.  
(2) The application referred to in paragraph (1) of this Article shall be filed in Macedonian 
language and its Cyrillic letter.  
(3) The application for acquiring industrial property right may also be filed in a foreign language 
provided that i t includes an indication to the type of protection claimed and data on contact with 
the applicant in Macedonian language.  
(4) If the application is filed in foreign language, the applicant within 90 days after the date of 
filing the application in a foreig n language, must submit a translation of the application in Macedonian language, otherwise the application shall be deemed withdrawn and shall be 
concluded to cease the procedure.  
Administrative procedure  
 
Article 19  
 
(1) The Office shall decide by a deci sion in the administrative procedure for obtaining, 
achieving, maintaining and protecting the industrial property rights.  
(2) In the administrative procedure, the Office shall proceed in compliance with the provisions of 
this Law and the regulations adopt ed pursuant to this Law.  
(3) The Law on General Administrative Procedure shall apply on everything which is not 
provided for in this Law.  
 
Lawsuit against the decisions of the Office  
Article 20  
 
(1) The decisions of the Office referred to in Article 19, paragraph 1 of this Law are final.  
(2) The party shall have the right to initiate administrative dispute against the decisions of the 
Office.  
(3) Administrative dispute shall be initiated with a lawsuit to the Administrative Court of the 
Republic of Mace donia.  
(4)The lawsuit shall be filed within 30 days from the date of submitting the decision to the party.  
 
Acting in compliance with international agreements  
 
Article 21  
 
The procedure relating to the filing of applications referred to in Article 17, pa ragraph (2) and (3) 
of this Law, the Office shall conduct in compliance with the provisions of this Law and the 
international agreements  ratified by the Republic of Macedonia.  
Enforcing rights through a legal representative  
Article 22  
(1) In the proced ure before the Office, foreign legal and natural persons shall enforce the rights 
of this Law through an attorney registered to represent them with the Office in compliance with 
this law.  
(2) The provision of paragraph (1) of this Article shall not be app lied in the cases referred to in 
Articles 48 and 86 of this Law.  
 
Availability of documentation and information of the Office  
 
Article 23  
 
(1)  The Office shall be bound to avail to the interested legal and natural persons its 
documentation and informatio n on filed and recognised industrial property rights, with the 
exception of that documentation which is not published in the official newsletter of the Office.   (2) For the registered industrial property rights, only information contained in the register o f 
applications shall be available.  
(3) Insight in the unregistered application shall be possible only with the permission of the 
applicant.  
(4) The content and type of information relating to the inventions of microbiological and 
biological material shal l be determined by a regulation adopted by the director of the Office in 
compliance with the international agreements ratified  by the Republic of Macedonia  .  
(5) For a written document from the documentation and information referred to in paragraph (1) 
of this Article, as well as for the other services related to the protection of industrial property, 
fees shall be paid in compliance with the Tariff of the State Office of Industrial Property.  
 
Fees and charges  
 
Article 24  
 
(1) Fees shall be paid for acqu iring and maintaining industrial property rights, in compliance 
with the Law on Administrative Fees, as well as special charges for the procedure of right 
recognition.   
(2) The amount of special charges for the procedure of paragraph (1) of this Article a nd the 
charges for providing information services of Article 23, paragraph (5) of this Law shall be 
determined by the director of the Office by a tariff  for which the Government of the Republic of 
Macedonia provides a consent.  
(3) If the fees for mainten ance of the rights of this Law are not paid within the time limits 
defined by this Law, they may be paid within a period of three months from the date these time 
limits are over, by paying the regular fee increased by 25%, and it can also be paid in an 
extended period of up to six months after the date of the expiry of the additional period of three 
months but in a doubled sum.  
PART II  
 
PATENT  
 
Patentable inventions  
 
Article 25  
 
(1) A patent shall protect an invention in all fields of technology, if it is new, if it contains 
inventive step and if it it is susceptible of industrial application.  
(2) If the requirements referred to in paragraph (1) of this Article are fulfilled, a patent shall also 
protect an invention that referred to:  
- a product comprisin g of or containing biological material; and  
- a method for obtaining biological material, for processing it or for using it.  
(3) An invention shall not be considered as invention within the meaning of paragraphs (1) and 
(2) of this Article if it is:  
1) a discovery, scientific theory and mathematic method;  
2) an aesthetic creations;  3) a plan, rule and a procedure for carrying out intellectual activities, for games, or for carrying 
out business activity, as well as computer program;  
4) presentation of information; and  
5) human body in different stages of its formation and development or simple discovery of one 
of its elements, including a sequence or a partial sequence of a gene.  
(4) Exception from paragraph (3) of this Article shall be possible only if the application of a 
patent itself does not relate to some of these subjects.  
(5) Element which is isolated from the human body or produced by means of a technical process 
containing a sequence or a partial sequence of a gene may also be protected by a  patent when the 
structure of that element is identical with the one of the natural element, whereby the industrial 
applicability must be contained in the description of invention included in the application form.  
 
Exceptions to patentability  
 
Article 26  
 
A patent may not protect an invention:  
- which relates to new animal types and plant varieties and clear biological procedures for 
creating animals and plants, with the exception of biotechnological inventions, for which the 
technical feasibility is not restricted to a certain type, and microbiological processes and products 
generated from such processes;  
- for surgical and diagnostic procedure or treatment procedure of alive human or animal body, 
except for an invention that relates to a product, especi ally a matter or a compound for 
application of one of these procedures; and  
- the application of which is contrary to the public order or moral, whereby, the application of the 
invention cannot be perceived as such only due to the fact i.e. forbidden by l aw, especially the 
inventions relating to: cloning processes and modification of human genetic identity of the 
inheritance line, the use of human embryos for industrial and commercial purposes, the processes 
of modification of the genetic identity of anima ls that would most probably cause suffering 
without providing any significant medical use for the human or the animal, and also animals 
resulting from those processes.  
Novelty  
 
Article 27  
 
(1) The invention shall be new if it is not covered with the state of the art.  
(2) The state of the art shall mean anything available to the world public, describing the 
invention in writing or verbally, by using it or in any other manner prior to the date of filing the 
patent application, in a manner enabling the expert  in the relevant field to apply it  
(3) The state of the art referred to in paragraph (2) of this Article shall also include:  
- the contents of the national patent applications, as filed in the Office, except for the patent 
applications that are rejected, withdrawn, or for which the procedure of examination has been 
ceased;  
- European patents for which protection on the territory of the Republic of Macedonia is 
requested as recognised and published by the EPO, in compliance with the EPC and the 
Extension A greement; and  - international applications, filed in accordance with the PCT, submitted to the Office as elected 
institution.  
(4) Paragraphs (2) and (3) of this Article shall not be an exception from the patentability of any 
substance or compound covered  by the state of the art if they should be used in a method or 
treatment referred to in Article 26, indent 2 of this Law, if such use is not contained in the state 
of the art.  
Non-prejudicial disclosures  
 
Article 28  
 
(1) When assessing whether the filed i nvention is new or not in terms of Article 27 of this Law, 
the fact that the invention has become available to the public prior to the expiry of six months 
after the date of filing the application in one of the following manners, shall not influence the 
assessment:  
- by apparent misuse against the applicant or its legal predecessor; or  
- by displaying the invention at official or officially recognised exhibition by the applicant or its 
legal predecessor in compliance with the Convention for International Exhibitions.  
(2) Paragraph (1), indent 2 of this Article shall apply only if the applicant, when filing the 
application, invokes to the fact that the invention has been exhibited, and if the applicant submits 
an evidence in writing issued by an authorised  institution of the country where it has been 
exhibited.  
Inventive step  
 
Article 29  
 
(1) The invention shall have inventive step if for the expert in the field the subject of the 
invention is not apparently arising from the state of the art included in Ar ticle 27, paragraph (2) 
of this Law.  
Industrial application  
 
Article 30  
 
An invention shall be considered as susceptible of industrial application if it can be made or used 
in any kind of industry, including agriculture.  
 
Entities of patent right  
 
Article  31 
(1) Patent granting procedure may be initiated by the inventor and his legal successor.  
(2) If the invention is a product of the joint work of more inventors, then all the inventors or their 
legal successors shall have the right to initiate a patent g ranting procedure.  
 
Inventor  
 
Article 32  
 (1) An inventor shall be a natural person that has created the invention in the course of his 
creative work.(2) An inventor shall not be considered the one who in the creation of the 
invention has provided only te chnical assistance.  
 
Inventor’s successor in title  
 
Article 33  
 
 (1) Inventor’s successor in title shall be legal or natural right -owner entitled to acquire a patent 
right by virtue of law, legal business, inheritance or court decision.  (2) The employer shall be 
considered to be inventor’s successor in title where by virtue of law or employment contract he 
has the right to acquire patent for invention created under inventor’s employment.  
 
Initiating a procedure  
 
Article 34  
 
(1) The patent granting proced ure shall be initiated by filing the patent application to the Office.  
(2) The patent granting procedure may also be initiated by filing an application in compliance 
with the PCT, the Extension Agreement and the EPC.  
 
Unity of the invention  
 
Article 35  
 
(1) A separate patent application shall be filed for any invention.  
(2) One patent application may include even more inventions, which are so interconnected that 
they make a unique inventive concept.  
(3) The contents of the patent application which fulfil  the condition for unity of the invention 
shall be determined by a regulation adopted by the director of the Office.  
 
Right of priority  
 
Article 36  
 
(1) Since the date of the receipt of a duly patent application form in the Office, the patent 
applicant sh all have a right of priority against any other person that will later file an application 
for the same invention.  
(2) There will be an exception from paragraph (1) of this Article if the requirements for 
recognition of exhibition and union priority right,  provided for in Articles 37 and 38 of this Law 
are fulfilled.  
Exhibition priority right  
 
Article 37  
(1) The person who had exhibited an invention at an officially recognised exhibition or fair of 
international character in the Republic of Macedonia or in  any other member state of the Paris Union, or the WTO, within a period of 90 days after the date of closing the exhibition (fair) may 
request with an application a right of priority, from the first day of exhibition i.e. form the date 
when starting to use  it.  
(2) The application form referred to in paragraph (1) of this Article must be accompanied by a 
certificate by the competent authority of the member state of the Paris Union or the WTO that 
the exhibition (fair) is officially recognised in terms of th e Convention for International 
Exhibitions, including data on the type of exhibition or fair, venue, date of opening and closing 
i.e. date of use.  
(3) The recognising of the right of priority referred to in this Article shall not extend the time 
limits re ferred to in Article 38 of this Law.  
 
Union priority right  
 
 
Article 38  
(1)  The legal or natural person that has duly filed a patent application in one of the member 
states of the Paris Union or the WTO shall be recognised a priority right in the Republi c of 
Macedonia from the date of filing the first application, if requested so within 12 months from the 
date of filing the first application.  
(2) Duly application referred to in paragraph (2) of this Article shall be any application the filing 
date of whi ch is determined in compliance with the national legislation of the member state of 
the Paris Union or of the WTO in which it has been filed or in compliance with the international 
agreements signed between the member states of the Paris Union, regardless of the subsequent 
legal result of the application.  
 
Obligations of the patent applicant with union priority  
 
Article 39  
The patent applicant intending to use the priority right referred to in Article 39 of this Law shall 
be bound in the application filed in the Republic of Macedonia to include all the data related to 
the application he invokes to, and within a period of 90 days from the date of filing the 
application to submit a document on the priority, verified by the competent authority of the 
member st ate of the Paris Union or the WTO, where the first application has been filed.  
 
Multiple right of priority  
 
Article 40  
(1) The patent applicant in the request  for grant may invoke to a multiple priority right on the 
basis of several previously submitted applications in one or more member states of the Paris 
Union or the WTO.  
(2) If the applicant invokes to the multiple priority right, the time limits in accordance with this 
Law shall start from the date of the recognised priority right, counting from the  earliest date of 
the multiple priority right.  
 
Scope of the requested right of priority  
 Article 41  
(1) The claim to recognise the priority right shall cover only those elements of the application 
contained in the first application or applications, on th e basis of which the applicant invokes to 
the priority right.  
(2) If the patent claim, stated in the first application, does not include some of the characteristics 
of the invention for which the priority right has been requested, for the recognition of t he priority 
right it shall be sufficient if the rest of the elements of the application discover in detail these 
characteristics .  
Certificate for right of priority  
 
Article 42  
 
(1) The Office, on the request of the applicant, shall issue a certificate fo r priority right, that will 
be valid from the date of filing the patent application.  
 (2) The contents of the request and the certificate for the priority right shall be laid down with  a 
regulation adopted by the director of the Office.  
 
Contents of the  patent application  
 
Article 43  
 
(1) The patent application must include:  
 
1) request for grant of patent;  
2) description of invention;  
3) one or more patent claims;  
4) abstract concerning the essence of the invention;  
5) drawing (if required) to whic h the description refers and a patent claim;  
6) evidence for paid fee for filing; and  
7) translation into Macedonian language, if the application was filed in a foreign language.  
(2) Other constituent elements and documents shall be attached to the appli cation referred to in 
paragraph (1) of this Article.  
(3) The contents and form of the application and the other elements and attachments to the 
application shall be determined with a regulation adopted by the director of the Office.  
 
Contents of request for grant of patent  
 
Article 44  
 
(1) The request for grant of a patent must contain:  
- clear indication that grant of patent is required;  
- invention name reflecting the essence of the invention; and  
- data on the applicant and the inventor.  
(2) A writ ten statement that the inventor does not want to be stated in the application must be 
filed to the Office within 60 days from the date of filing the application.  
 Description of the invention  
 
Article 45  
 
The description of the invention should be clear a nd precise, so that an expert in a certain field is 
able to apply it.  
 
Patent claims  
 
Article 46  
 
(1) The patent claims shall determine the item for which the protection is requested.  
(2) The patent claims  should be clear and included in the description  of the invention.  
(3) The patent claims may be independent and dependent.  
(4) The independent patent claims shall include new, important features of the invention.  
(5) The dependent patent claims shall include the specific features determined by an ind ependent 
or any other dependent patent claim.  
 
Abstract  
 
Article 47  
 
(1) The abstract shall be a short summary of the essence of the invention with exclusive purpose 
to provide technical information about the invention.  
(2) The abstract may not be used f or the needs of defining the scope of the requested protection.  
 
Filing date  
 
Article 48  
 
(1) The Office shall set the filing date for the patent application if on that day the application 
includes as follows:  
1) clear indication that grant of patent has  been requested;  
2) data of the applicant, the name and the place of residence i.e. head office; and  
3) part that may be considered as a description of the invention.  
(2) For the purpose of setting out the filing date, the foreign legal and natural pers on may file the 
application and undertake all the actions related to setting out the filing date without an agent, if 
they state the address for communication in the Republic of Macedonia.  
(3) Paragraph (1) of this Article shall not apply for applications  otherwise determined by 
international agreement or this Law.  
 
Setting the filing date for the application  
 
Article 49  
 (1) If the application does not have the contents provided for in Article 48 of this Law, the Office 
shall notify the applicant that hi s application is not appropriate and the filing date cannot be 
accepted.  
(2) The Office shall invite the applicant within 60 days upon the receipt of the invitation in order 
for him to eliminate the established shortcomings in compliance with paragraph (1 ) of this 
Article.  
(3) If the applicant eliminates the shortcomings in the foreseen period, the Office shall set out the 
filing date of the application.  
(4) Filing date shall be the date of receiving the duly filed application upon which the applicant 
has proceeded in compliance with the notification, within the meaning of Article 48 of this Law.  
(5) If the applicant within the time limit referred to in paragraph (2) of this Article fails to 
eliminate the shortcomings, the application shall be deemed wit hdrawn and a conclusion for 
termination of the procedure shall be made.  
 
Alterations of the patent application which are not allowed  
 
Article 50  
 
The patent application, the filing date of which has been determined, may not be additionally 
altered by exte nding the subject for which protection is requested.  
 
Register of patent applications  
 
Article 51  
 
(1) The patent application shall be entered in a Register of patent applications.  
(2) The content and the method of maintaining the Register of patent appl ications and the excerpt 
from the Register shall be established by a regulation adopted by the director of the Office.  
 
 
Statement on the method for conducting the examination procedure  
 
Article 52  
  
(1) The applicant of the patent application referred to  in Article 43 of this Law should state in the 
request for grant of patent whether the procedure of examination will be carried out as:  
1) a substantive examination in the institutions referred to in Article 63, paragraph (1) item 1 of 
this Law;  
2) a  su bstantive examination in the institution referred to in Article 63, paragraph (1) item 2 of 
this Law; and  
3) an examination carried out in the Office.  
(2) If the applicant has failed to proceed in accordance with paragraph (1) of this Article, he shall 
be bound to make a statement within six months after the date specified as the filing date of the 
application to the Office.  
Division of patent application  
 Article 53  
 
(1) The applicant may divide the subject of the patent application the filing date of w hich has 
been determined (the original application) into two or more applications and to proceed with a 
separate procedure on the basis of each of them.  
(2) The division of the patent application shall be allowed until a decision for grant of patent is 
made .  
(3) The patent application arising from the division of the original patent application (divisional 
application) shall keep the filing date of the original application and the priority of the original 
patent application.  
(4) The contents and the for m of the divisional application shall be established by a regulation 
adopted by the director of the Office.  
 
Formal examination of the application  
Article 54  
 
(1) After the entering of the patent application in the Register of patent applications, the Off ice 
shall check if:  
1) the required fee has been paid;  
2) a translation into Macedonian language of the application has been submitted, when the 
application is drafted in a foreign language;  
3) the patent applicant has stated his opinion on the manner o f conducting the procedure of 
examination referred to in Article 52 of this Law;  
4) the drawings referred to in Article 43, paragraph (1), item 5 of this Law have been submitted; 
and 
5) a duly power of attorney has been attached, when the application had been filed by an agent.  
(2) If the patent application does not contain the components stipulated in paragraph (1) of this 
Article, the Office shall invite the applicant within a period that cannot be longer than sixty days, 
counting from the date of recei ving the invitation, in order to eliminate the identified 
shortcomings.  
(3) The time limit referred to in paragraph (2) of this Article regarding the elaborate request by 
the applicant, may be extended for sixty days due to acceptable reasons.  
(4) If the  applicant fails to eliminate the shortcomings referred to in paragraph (2) of this Article 
within the specified period, the Office shall reject the application by a decision.   
(5) Where the application invokes to drawings that are not included in the app lication, the Office 
shall invite the applicant to submit the drawings within the specified period.  
(6) If the applicant fails to proceed in accordance with the notification given by the Office 
referred to in paragraph (5) of this Article, when examining the applications the drawings shall 
be considered nonexistent.  
(7) If the applicant arranges the application within the prescribed period, the application shall be 
considered as duly filed.  
 
Request for immediate procedure of considering the application  
 
Article 55  
 (1) In case of a dispute regarding the application right, the applicant may request the Office to 
start considering the application immediately.  
(2) A request for immediate procedure of considering the application cannot be submitted prior 
to the expiry of 12 months from the date of filing the patent application.  
(3) In case of a dispute referred to in paragraph (1) of  this Article, the applicant of the patent 
application must provide evidence from the substantive examination, carried out in  one of the 
institutions referred to in Article 63 of this Law.  
 
Examination of the application in procedure in the Office  
 
Article 56  
 
(1) When examining the patent application, the Office shall check whether:  
1) the inventor has been indicated;  
2) the  priority right recognition has been requested in compliance with Articles 37 and 38 of this 
Law;  
3) the application is in conformity with the unity rule of invention stipulated in Article 35 of this 
Law;  
4) the separate parts of the application comply w ith Articles 43, 44, 45, 46, and 47 of this Law; 
and  
5) the subject of the application is an invention, which at first may be protected by a patent in 
terms of Article 25, paragraph (3), Articles 26, 27, paragraph (3), and Article 30 of this Law.  
(2) Whe n examining the application, the Office shall not examine whether the requirement 
stipulated in Article 29 of this Law has been fulfilled.  
 
Shortcomings of the application  
 
Article 57  
(1) The Office shall notify the applicant by a letter, if after the exa mination it has been 
established that the requirements stipulated in Article 56, paragraph (1), items 1, 2, 3, and 4 of 
this Law are not fulfilled, and it shall invite the applicant to eliminate the identified shortcomings 
within 60 days from the receipt o f the notification.  
(2) On the basis of the elaborate request by the applicant, the Office may extend the time limit 
stipulated in paragraph (1) of this Article at least sixty (60) days.  
(3) The Office shall make a decision to reject the patent applicati on, if the applicant fails to 
eliminate the shortcomings given in the notice referred to in paragraph (1) of this Article, within 
the specified period of time.  
Decision to reject the patent application  
 
Article 58  
(1) The Office shall make a decision to r eject the patent application if the application relates to 
an invention that may not be protected by a patent in terms of Article 56, paragraph (1), item 5 of 
this Law.  
(2) The Office may not make a decision to reject the patent application if it has not informed 
previously the applicant, in writing, about the reasons due to which the requested right cannot be recognised, and if it has not invited the applicant to clarify those reasons within a reasonable 
time limit.  
(3) At the elaborate request by the ap plicant, the time limit referred to in paragraph (2) of this 
Article may be extended to six months.  
 
Payment of costs and fees  
 
Article 59  
 
(1) If during the procedure of examining the application the Office finds that the requirements 
and conditions stip ulated in Article 56 of this Law have been fulfilled, it shall notify and invite 
the applicant within 30 days to pay the costs for patent publication in the newsletter of the 
Office, the costs for issuing a patent certificate and the fee for validity maint enance.  
(2) If the applicant fails to proceed in accordance with the notification referred to in paragraph 
(1) of this Article, the Office shall make a decision to reject the application.  
 
Decision for grant of patent  
 
Article 60  
 
(1) If the requirements  referred to in Article 56 are fulfilled and if the applicant pays the costs 
and fees stipulated in Article 59, paragraph (1) of this Law within the specified period of time, 
the Office shall make a decision for grant of patent.  
(2) The data from the deci sion for grant of patent shall be entered in the patent register on the 
date of making the decision and shall be published in the official newsletter of the Office within 
90 days from the date of making the decision.  
Examination of the application on the basis of a substantive examination  
 
Article 61  
 
(1) Articles 54, 55, and 56, paragraph (1), items from 1, 2, 3 and 4 of this Law shall apply to the 
applications for which the applicant requested procedure for substantive examination.  
 
 
Evidence and proced ure concerning the evidence of the substantive examination  
 
Article 62  
 
(1) The patent applicant who has stated to implement the procedure in compliance with Article 
52, paragraph (1) items 1 and 2 of this Law, shall submit a request for substantive examin ation in 
one of the examining institutions referred to in Article 63 of this Law, two years at the latest 
from the date of submitting the patent application to the Office,.  
(2) The person referred to in paragraph (1) of this Article shall submit a copy of  the submitted 
request to the Office.  
(3) The applicant referred to in paragraph (1) of this Article shall be bound, within a period of six 
months from the date on which it has received the evidence of the examination referred to in Article 64 of this Law , to submit to the Office the evidence and the translation of the evidence in 
Macedonian language.  
(4) In case that the patent applicant fails to proceed in compliance with paragraphs (1), (2), and 
(3) of this Article, the Office shall make a decide to re ject the application.  
(5) The Office may not make the decision referred to in paragraph (4) of this Article if it 
previously had not notified in writing the applicant about the reasons for which it rejected the 
application and if it previously failed to i nvite the applicant in a reasonable time limit to explain 
those reasons.  
(6) The applicant or the owner of the exclusive right shall also be bound to present the evidence 
from the substantive examination when a third party lawsuits due to the infringement  of the right 
to a patent.  
(7) In case of paragraph (6) of this Article, the Office shall issue one of the decisions referred to 
in Article 66 of this Law by urgent procedure.  
(8) The contents of the evidence of the substantive examination shall be deter mined by a 
regulation adopted by the director of the Office.  
 
Institutions for substantive examination  
 
Article 63  
 
The substantive examination of the patent application referred to in Article 64 of this Law shall 
be conducted in:  
1) one of the selected institutions, which by rule are national and international offices and which 
on the basis of PCT have a status of authorised institutions for international search i.e. 
preliminary international examination of international patent applications, or  
2) some of the institutions with which a special agreement is signed for the purpose of searching 
and substantive examination.  
 
 
Contents of the evidence from substantive examination  
 
Article 64  
 
1) The evidence of the substantive examination shall determine if t he invention fully meets the 
conditions for acknowledgement of the patent right i.e. if the subject of the application is:  
- an invention that may be patent granted in accordance with Articles 25 and 26 of this Law;  
- the invention described in a manner that an expert in the field may apply in accordance with 
Article 27, paragraph (2) of this Law;  
- invention which is in accordance with the rule of unity of invention referred to in Article 35 of 
this Law; and  
- invention which is new in accordance with Articles 27 and 28 of this Law,  which has inventive 
step in accordance with Article 29 of this Law, and is applicable in industry in accordance with 
Article 30 of this Law.  
 
Additional examination  
 Article 65  
 
1) The Office shall make the decision laid d own in Article 66 of this Law on the basis of the 
presented evidences from the substantive examination referred to in Article 64 of this Law and 
on the basis of the additional examinations of this Article.  
(2) The additional examination of patent applicat ion shall determine whether the requirements 
for grant of patent have been satisfied i.e. whether the subject of application is in compliance 
with Article 56, paragraph (1) item 5 of this Law.  
(3)  The Office may not make the decision referred to in Artic le 66 paragraph (1) item 2 or of 
this Law if it previously had not notified in writing the applicant about the reasons for which it 
cannot accept the requested right as a whole or partially and if it previously failed to invite the 
applicant in a reasonabl e time limit to explain those reasons.  
(4) Upon an elaborated request by the applicant, the time limit referred to in paragraph (3) of this 
Article may be extended up to six (6) months.  
 
Decisions based on the evidence from the substantive examination  
Article 66  
 
(1) On the basis of the presented evidence, the Office shall determine to what extent the contents 
and scope of the patent claims regarding the relevant invention meet the conditions of Articles 
27, 29, and 30 of this Law and shall issue one of th e following decisions:  
1) a decision that the invention related to the required patent meets all the conditions referred to 
in Articles  27, 29, and 30 of this Law and that the patent claim or patent claims are fully in 
compliance with those conditions.  
2) decision that the invention only partially meets the conditions referred to in Articles  27, 29, 
and 30 of this Law, and a decision which provides limited further validity of the patent claim or 
patent claims in a scope that fulfils the conditions; and  
3) decision to announce nullity at the time when the patent as of the date of filing the patent 
application does not fulfil the conditions referred to in Articles  27, 29, and 30 of this Law.   
 
Register of patents  
 
Article 67  
 
(1) The data from the decis ion for grant a patent, together with the publishing date and number of 
that decision shall be entered in the Register of patents maintained by the Office.  
(2) The data from the decision rejecting the application for patent granting shall be recorded in 
the Register of patent applications.  
(3) The contents and manner of maintaining the Register of patents and the excerpt from the 
registers shall be determined by a regulation adopted by the director of the Office.  
 
Recording changes in the registers  
 
Article 68  
 (1) In the Register of patent applications and the Register of patents, the changes relating to the 
applicant, the right holder and the right itself shall be recorded.  
(2) The changes recorded in the Register of patents shall be published in the o fficial newsletter of 
the Office.  
(3) The changes recorded, the contents, the form of the request and the procedure for recording 
the changes shall be laid down with a regulation adopted by the Office.  
 
Publication  
 
Article 69  
 
(1) The data of the decisi on for patent granting shall be published in the official newsletter of the 
Office within 90 days at the latest from the date of adoption of the decision.  
(2) The invention abstract shall be published together with the data of the decision issued in 
accor dance with Article 60 of this Law.  
(3) The first patent claim shall be published together with the data of the decision issued in 
accordance with Article 66 of this Law, and the number of other patent claims shall be stated.    
(4) The contents of the dat a of a granted patent which are published in the official newsletter of 
the Office shall be laid down with a regulation adopted by the director of the Office.  
 
Patent certificate  
 
Article 70  
(1) The Office shall issue the holder of a patent right a certif icate within six months from the date 
of making the decision for grant of a patent.  
(2) On the request of the patent holder, the Office shall issue a patent specification.  
(3) The contents of the certificates and the patent specification shall be laid do wn with a 
regulation adopted by the director of the Office.  
 
Confidential patent  
 
Article 71  
 
(1) The applications for grant a patent relating to defence shall be deemed confidential and are 
filed to the Minister for Defence.  
(2) If during the examinatio n process of the filed application, the Minister for Defence finds that 
the invention is not confidential, the application shall be forwarded to the Office.  
(3) The provisions of this Law shall also be applied in the process of patent granting with regard  
to confidential invention, unless otherwise determined by this Law.  
(4) If during the examination process of the filed application, the Minister for Defence finds that 
the invention is not confidential, the application shall be forwarded to the Office.  
(5) If during the examination procedure of the application, the Office finds the invention to be 
confidential, it shall forward the application to the Minister for Defence.  
(6) If the Minister for Defence finds that the invention has ceased to be confiden tial, the whole 
subject shall be submitted to the Office.  (7) After receiving the subject, the Office shall note the patent in the register of patents and shall 
issue the patent holder a patent certificate or a specification and publish the data within th e 
meaning of Article 60 of this Law.  
 
Use of confidential invention  
 
Article 72  
 
(1) The Ministry of Defence shall have the exclusive right to use the confidential invention and 
have at its availability that invention.  
(2) The holder of the right shall b e entitled to a one -time compensation for confidential invention 
which is protected with a patent, regardless if the invention is used for the needs of defence and 
to what extent.  
(3) The amount of the compensation referred to in paragraph (2) of this Art icle shall be 
determined amicably by the right holder and the Minister for Defence.  
(4) In case agreement is not reached, the holder of the patent right, in accordance with the rules 
outside the proceedings, may request the court to determine the amount o f the compensation.  
 
Properties of the confidential patent  
 
Article 73  
 
(1) The patent related to a confidential invention shall not be published.  
(2) The local and natural persons may request protection of a confidential invention abroad only 
on the bas is of an approval in writing by the Minister for Defence.  
(3) Articles 71 and 72 of this Law shall apply accordingly to the patent applications for grant of a 
patents for inventions which are of interest to the state security.  
(4) The Minister for Interi or shall be competent to decide on the applications referred to in 
paragraph (3) of this Article,.  
(5) The Government of the Republic of Macedonia shall prescribe which inventions are 
considered as confidential within the meaning of Articles 71 and 73 of this Law, as well as the 
method of patent granting for such inventions.  
Patent validity  
 
Article 74  
 
The patent right shall be valid for 20 years, counting from the date of filing the application.  
(2) The validity of the patent right laid down in paragrap h (1) of this Article may be extended to 
more than 20 years, but not more than 5 years in case when the subject matter of the patent is a 
medical product, product for plant protection, or a process through which they are produced, for 
which, prior to placi ng them on the market, an administrative procedure of authorisation, 
prescribed by law, needs to be conducted.  
(3) The patent right obtained on the basis of the decision in Article 90 of this Law shall be valid 
for 10 years from the date of filing the app lication.  
 
Supplementary protection certificate   
Article 75  
 
(1) The validity of the patent right referred to in Article 74, paragraph (2) of this Law may be 
extended by issuing a certificate.  
(2) The contents of the request and the other constituent ele ments and attachments to the request 
for granting a certificate for protection of medical products and a certificate for protection of 
products for protection of plants shall be defined in details by regulations adopted by the director 
of the Office.  
 
Cond itions for granting a certificate  
 
Article 76  
 
The Certificate referred to in Article 75, paragraph (1) of this Law shall be issued if on the date 
of submitting the request in the Republic of Macedonia:  
1) there is a valid basic patent for the product;  
2) the product has been placed on the market on the basis of approval issued in accordance with 
the regulations regulating the placing of medicines on the market i.e. by the regulations 
regulating the placing of products for protection of plants on the mark et;  
3) the product previously has not been put on the market, or there is no previously issued 
certificate for the same product  as a medical product i.e. as products for protection of plants; and  
4) the approval laid down in item 2 of this Article is th e first approval for placing the product on 
the market of the Republic of Macedonia as a medical product i.e. as products for protection of 
plants.  
 
Subject protected by the Certificate  
 
Article 77  
 
(1) The certificate shall be issued for a product protec ted by a basic patent for which there is an 
approval for placing on the market and using a medical product or a product for plant protection 
authorised prior to the expiry of the certificate.  
(2) The right for which the certificate has been issued shall b e identical with the right of the basic 
patent and shall be subject to the same limitations and obligations as the basic patent.  
Entities to the right of the Certificate  
 
Article 78  
(1) Entities to the right of the certificate shall be the holder of the basic patent or its legal 
successor.  
(2) In case that there are more holders of the basic patent, the procedure for issuing the certificate 
may be initiated by the joint representative or any of the holders upon prior consent of the other 
holders or of th eir legal successor.  
Initiating a procedure for issuing a certificate  
 
Article 79  (1) The procedure for issuing a certificate referred to in Article 75 of this Law shall be initiated 
by submitting a request for obtaining a certificate by the Office.  
 (2) The request for a certificate shall be filed within six months after the date when the first 
approval for placing the product on the market of the Republic of Macedonia has been issued, or 
within six months from the date of granting of the basic patent, i f the approval to place the 
product on the market has been issued prior to the granting of the basic patent.  
(3) There is a specific form for submitting the request referred to in paragraph (1) of this Article.  
 
 
 
 
 
Contents of the requests for issuance o f a  Certificate  
 
Article 80  
(1) There is a specific form for submitting the request for a certificate referred to in Article 79 
paragraph 1.  
(2) The approval for placing the product on the market within the Republic of Macedonia, issued 
by the competent authority, shall be attached to the request.  
(3) Other documents and attachments shall also be attached to the request referred to in 
paragraph (1) of this Article.  
(4) The contents and the form of the request for issuing a certificate shall be determine d by a 
regulation adopted by the director of the Office.  
 
Formal examination of the request for issuing of a certificate  
 
Article 81  
 
(1) The Office, within the procedure of formal examination, shall examine if:  
 
1) the request includes the constituent e lements and attachments laid down in Article 75, 
paragraph (2) of this Law;  
2) the request is filed within the period laid down in Article 79, paragraph (2) of this Law; and  
3) the attachments laid down in Article 80, paragraph (2) of this Law were filed .  
(2) If the request was not filed in compliance with paragraph (1) of this Article, the Office shall 
invite the applicant, to correct the identified shortcomings within a period of 60 days, counting 
from the date of receiving the invitation.  
(3) The tim e limit set out in paragraph (2) of this Article may be extended for additional 60 days 
at the most in case of elaborate request by the applicant .  
(4) If the applicant fails to correct the shortcomings within the specified period referred to in 
paragraph  (2) of this Article, the Office shall make a decision to reject the request.  
 
 
Procedure for examination of the request for issuance of the certificate  
 
Article 82   
Within the examination procedure for issuing a certificate, the Office shall examine if o n the date 
of filing the request, the conditions for issuing a certificate provided for in Article 76 of this Law 
have been fulfilled.  
 
 
 
 
 
 
Approving the request  
 
Article 83  
 
(1) If the Office finds that the conditions of Article 76 of this Law have been  fulfilled, it shall 
notify the applicant within a period of 30 days to pay the costs for publication the data of the 
certificate in the official newsletter of the Office, and the fee for validity maintenance.   
(2) If the applicant pays the costs and the fee referred to in paragraph (1) of this Article within 
the specified period, the Office shall issue a decision for a certificate.  
(3) If the applicant fails to pay the costs referred to in paragraph (1) of this Article, the Office 
shall conclude to rejec t the request.  
 
Validity of the certificate  
 
Article 84  
 
The certificate shall start to be valid upon the expiry of the legally prescribed period of validity 
of the basic paten, for a period equal to the time between the date of filing the application for  a 
basic patent and the date of receiving the approval for placing a product on the market of the 
Republic of Macedonia, but reduced for five years.  
 
Rejecting the request  
 
                                                           Article 85  
 
(1) In cas e it is found that the conditions provided for in Article 76 of this Law have not been 
fulfilled, or the request has not been filed by a person provided for in Article 78 of this Law, the 
Office shall notify the applicant in writing on the reasons for whic h the certificate may not be 
issued and shall invite the applicant to elaborate those reasons within the specified time limit that 
cannot be longer than six months.  
(2) In case the applicant fails to state the reasons within the specified period, the Offi ce shall 
reject the request with a decision.  
Fees and charges  
 
Article 86  (1) In the procedure of granting and maintenance of the patent right, fees and charges for the 
procedure shall be paid:  
(2) The annual fees for maintaining the validity of the pate nt right and the certificate shall be 
paid counting from the date of filing the patent application.  
(3) The annual fee for maintenance of the patent right shall be paid by the beginning of the year 
for which the fee is paid i.e. by the date of filing the application.  
(4) The fees and charges may be paid by anyone without the approval of the agent.  
 
Termination of the patent prior to the expiry of the validity  
 
Article 87  
 
(1) The patent right shall cease to be valid prior to the expiry of the validity pe riod in the 
following cases:  
1) if the prescribed fees are not paid – the day after the date of missing the deadline for fee 
payment;  
2) if the holder waives the right – the day after the date of filing the waiving request to the 
Office;  
3) on the basis  of a court decision i.e. act of the Office in the cases provided for in this Law – on 
the date set out in the decision i.e. in the act and  
4) if the legal person i.e. a holder of the patent right has ceased to work – on the date of 
termination, i.e. if t he natural person which is a holder of the patent right has died – on the date 
of death, or if a disappeared person which is a holder of the patent right is proclaimed dead - on 
the date when the decision becomes legally effective, unless that right has be en assigned to the 
successors of the legal person i.e. of the natural person.  
(2) The Office shall make a decision to terminate the validity of the patent if the conditions 
referred to in paragraph (1) of this Article occur.  
 
Rights of third parties  
 
Article 88  
 
(1) If a licence, a pledge or another right in favour of a third party is entered in the register of 
patents, the patent holder may not waive from the rights without a consent in writing by the 
person under the name of which the licence, the pledge  or another right has been registered,.  
(2) If the patent holder fails to pay the prescribed fee within the specified period, and a licence, a 
pledge or another right is entered in the register in favour of a third person, the Office shall 
notify that per son that the fee has not been paid and that that person may pay it within six months 
from the date of the notification and keep the registered right.  
(3) In case of a dispute regarding the providing of registered rights to a third party, the court, if 
necessary for the providing of those rights, may decide the patent right to be assigned to the 
person under the name of which the license, the pledge, or another right has been registered, until 
the fulfilment of the obligations.  
Exclusive rights  
Article 89  
 (1) The holder of a patent shall have the exclusive right:  
1) to use the protected invention in production;  
2) to place on the market items manufactured according to the protected invention, and  
3)to dispose of the patent.  
(2) The patent holder shall  have the right to forbid the use of the protected invention in the 
production or in trade by third parties that do not have a license for such use if such a use relates 
to production, offering for sale, export, or import and storage of products for those purposes.  
(3) The patent holder shall have the right to forbid another person to offer and deliver products 
which are significant elements for the invention, without his consent, if the one offering and 
delivering has known or should have known from the c ircumstances of the case that this product 
is intended for applying on someone else’s invention.  
(4) The right laid down in paragraphs (1), (2), and (3) of this Article shall apply to a patent for 
procedure and to the product derived directly from that pro cedure.  
 
Exclusive rights of patents in the field of biotechnology  
 
Article 90  
 
(1) The right laid down in Article 89 paragraphs (1) and (2) of this Law shall apply to any 
biological material with specific characteristics as a result to the invention, and  shall be extended 
to the biological material derived from that biological material by propagation or multiplication 
in an identical or in a divergent form and having the same characteristics.  
(2) The right referred to in Article 89 paragraph (4) of this Law shall apply to the procedure of 
producing biological material with specific characteristics as a result to the invention and shall be 
extended to the biological material derived directly from that procedure and from any biological 
material derived from  the biological material by propagation or multiplication in an identical or a 
divergent form and having  the same characteristics.   
(3) The right referred to in Article 89 paragraph (3) of this Law shall also apply to a product 
containing or is comprised o f genetic information and shall extend to all biological materials in 
which genetic information is contained and perform their functions, with the exception of the 
materials referred to in Article 25, paragraph (5) of this Law.  
 
Free use  
 
Article 91  
 
The right of the patent holder laid down in Article 89 of this Law regarding the exclusive 
utilisation of the invention shall not relate to:  
1) utilisation of the invention for personal and non -commercial purposes;  
2) undertaking activities for research and development of the subject of the protected invention, 
in particular: manufacture, use, offer for sale, export or import of the protected invention, 
including also activities for obtaining approval for placing medications for human and veterinary 
medicine and products for protection of plants on the market; and  
3) direct and individual preparation of the medicine in pharmacy on the basis on single medical 
recipe and of procedures which relate to so prepared medicine.  
  
 
Patent for procedure  
 
Article 92  
 
(1) If the patent is issued for procedure, its application shall also be expanded to the products and 
materials directly obtained through that procedure.  
(2) In case of a lack of contra evidences, the product shall be considered as obtained through a 
prote cted procedure if the product is new, or if there is a reasonable doubt that the product is 
obtained through a protected procedure and that the holder of a patent was not been in a position, 
besides the reasonable effort made, to determine the procedure th at was used.  
(3) There is a reasonable doubt within the meaning of paragraph (2) of this Article that the 
product has been obtained through a protected procedure, if the protected procedure is the only 
known procedure.  
(4) The burden of proof referred to  in paragraph (1) shall lay with the alleged infringer if only 
one of the conditions referred to in paragraph (2) of this Article is fulfilled.  
 
Scope of exclusive right  
 
Article 93  
 
The scope of exclusive rights of the patent holder shall be determined i n accordance with the text 
of the patent claims that are finally accepted in the patent granting procedure where the 
description and the drawings serve to interpret the patent claims.  
 
Right based on previous use  
 
 
Article 94  
(1) The patent right shall no t apply on the person, which prior to the filing date of the application 
or prior to the date of the recognised priority right, has used the invention conscientiously and 
not in public in the Republic of Macedonia, or has prepared everything i.e. necessary  for its use.  
(2) The person referred to in paragraph (1) of this Article shall have the right, without a consent 
by the holder of the patent, to continue the utilisation of the invention to the extent it has utilised 
or prepared until the date of filing the patent application for the requested invention.  
 
Exemption from the infringement of the patent right  
 
Article 95  
 
It shall not be considered as infringement of the exclusive rights to the patent holder if the 
subject of the invention relates to produc ts manufactured according to the patent used in the 
construction or the equipment of ships, aircrafts or land vehicles that belong to any of the states 
of the Paris Union or the WTO, if such a means of transportation is temporarily or suddenly in the terri tory of the Republic of Macedonia, provided that the mounted product serves exclusively 
for the needs of that vehicle.  
 
Exemption from the infringement of patent right in the field of biotechnology  
 
Article 96  
 
(1) The person using the plant material for reproduction, on the basis of the consent by the patent 
holder, shall not infringe the right referred to in Article 90 of this Law relating to the selling or 
other types of commercial exploitation of plant material for reproduction, if the product of their  
own harvest is used it for propagation and multiplication for their own needs and for the needs of 
their own property.  
(2) The person that uses the cattle or other animal reproductive material, on the basis of the 
consent of the patent holder, shall not infringe the right referred to in Article 90 of this Law 
relating to the selling or other types of commercial exploitation, if the protected cattle is used for 
agricultural activities, including reproduction of animals and production of other animal  
repro ductive material for the purposes of their agricultural activity, but not for commercial 
reproductive purposes.  
 
Compulsory license  
 
Article 97  
 
(1) If the patent holder does not use the invention protected by a patent or uses it in a scope 
which is insuf ficient to the needs of the national market, and rejects to enter into a license 
agreement or sets unmarketable conditions for entering into that contract, the right to use the 
invention, by a compulsory license, may be assigned to another person, with the  obligation to 
pay the fee to the patent holder.  
(2) Compulsory license may also be issued if the utilisation of the invention protected by a patent 
is necessary due to emergency situations in the country, protection of public interest in the area 
of heal th, food, protection and promotion of the environment or if it is of particular interest to a 
certain industrial field or if it is necessary for implementing the judicial and administrative 
procedure related to protection of competition.  
(3) The exemption s in granting compulsory license as referred to in paragraph (1) of this Article 
shall be possible in the situations referred to in paragraph (2) of this Article, for which the patent 
holder shall be notified as soon as possible.  
(4) Request for a compuls ory licence referred to in paragraph (1) of this Article may not be 
submitted prior to the expiry of a period of four years from the date of filing the patent 
application i.e. prior to the expiry of a period of three years from the date of the patent grant ing, 
in case this period expires later.  
(5) A compulsory licence shall not be issued if the patent holder proves that there are legal 
constraints which justify the fact that invention protected by a patent has not been used or has 
been insufficiently used .  
(6) In the cases referred to in paragraph (2) of this Article, the compulsory license may be issued 
even prior to the expiry of the period laid down in paragraph (4) of this Article.  
  
 
 
Particularities of the compulsory license  
 
Article 98  
 
(1) A comp ulsory license may not be exclusive.  
(2) The compulsory licence shall be valid as long as there is reason for which it has been issued.  
(3) On the elaborated request of the interested person, the compulsory license shall be cancelled 
if there are no long er the reasons for which the license has been issued, and there is no possibility 
for those reasons to occur again, provided that the legitimate rights to the assignee of the 
compulsory licence are protected.  
(4) The compulsory license may not be transfer red, unless the transfer is done together with the 
production capacity i.e. with part of it that uses the invention for which the license has been 
issued.  
(5) Compulsory license shall be issued for the needs of the national market, unless it is proved in 
the legal proceedings that this is contrary to the protection of competition on the market.  
 
Compensation  
 
Article 99  
 
(1) In case a compulsory license is issued, the patent holder shall be entitled to an adequate 
compensation.  
(2) The amount of the fee shall be set out with an agreement between the patent holder and the 
user who has been given the license, i.e. who uses the invention protected by a patent.  
(3) The amount referred to in paragraph (2) of this Article shall be adequate to the value of the 
economic license and the need for harmonisation with the procedure for protection of 
competition.  
(4) If an agreement on the amount of the compensation referred to in paragraph (2) of this Article 
cannot be reached, the competent court shall determine the  amount of the compensation.  
(5) The user who has been given the license shall not be prevented from using the invention if 
there is no agreement i.e. court decision.  
Compulsory licence for dependent patent  
Article 100  
(1) A compulsory licence may also  be issued if the invention protected by a patent cannot be 
used as a whole or partially without using another invention protected by a former patent, 
whereby the later invention, representing a more significant technical improvement, is of 
particular impo rtance to the economy or to fulfilling the general needs.  
(2) If a compulsory license is issued in accordance with paragraph (1) of this Article, the  holder 
of the previous patent may request a compulsory license to use the invention of the latter patent  
for a relevant fee.  
 
Competence to grant compulsory license  
 Article 101  
  
(1) The court competent for settling disputes concerning industrial property rights in legal 
proceedings shall decide on the issuing of the compulsory license.  
(2) The procedure to issue a compulsory licence shall be initiated with a lawsuit against the 
patent holder or a supplementary protection certificate protection, which contains a request for 
issuing compulsory license.  
(3) In the procedure for issuing compulsory license, t he patent holder referred to in paragraph (2) 
of this Article, which is registered in the patent register, shall be considered as a patent holder.  
Compulsory license for the needs of public health  
 
Article 102  
 
(1) Any person that has filed an applicatio n in compliance with the provisions of this Law may 
be issued, by the court, a compulsory patent license i.e. a supplementary protection certificate for 
the needs of production and sale of pharmaceutical products, where such a product is intended to 
be exp orted in the importing countries with problems in public health.  
(2) When deciding upon issuing compulsory license, the court shall take into consideration the 
WTO General Council Decision of 30 August 2003 on the implementation of paragraph 6 of the 
Doha Declaration on the TRIPS Agreement and public health of 14 November 2001, (hereinafter 
referred to as: “Decision”.  
(3) The pharmaceutical product referred to in paragraph (1) of this Article shall be any product in 
the pharmaceutical industry, including t he medications for human use, which include any 
substance or mixture of substances designed for treatment or prevention of human diseases 
including any substance or mixture of substances which may be applied to people in terms of 
renewal, improvement, or a djustment to their physiological functions by causing pharmaceutical, 
immunological, or metabolic effects or by giving the medical diagnosis, including active 
components and accessories to diagnose outside the alive human body.  
 
Importing country  
 
Article  103 
 
(1) Importing country within the meaning of Article 102 paragraph (1) shall be any country in 
which pharmaceutical products are exported and it can be:  
1) any least developed country stated as such in the list of the United Nations (UN);  
2) any WTO  member, except the least developed member state referred to in item (1) of this 
paragraph, which has send a notification to the TRIPS Council on the intention to use the system 
as an importing country, either to use the system in that regard as a whole or  partially;  
3) any country, which is not a WTO member, and which has been listed by the Development 
Assistance Committee of the Organisation for Economic Cooperation and Development (OECD) 
as a country with low income of gross national product per capita i.e. less than USD 745 and for 
which the Ministry of Economy is notified about the intention to use the system as an import 
country, regardless if it will use the system in this way as a whole or partially.  
(2) If a WTO member state has given a statement that it will not use this right, then it shall not 
fulfil the requirements to use the system as an importing country.  (3) The importing countries that are not WTO members, and are the least developed countries 
and developing countries and fulfil the requi rements offset out in paragraph (1) of this Article, 
must fulfil the additional requirements:  
1) the importing country shall be bound to send a notification directly to the Ministry of 
Economy;  
2) the importing country shall be bound to state in the noti fication that it will use the system to 
resolve public health problems, and will not use it as a means for achieving industrial and 
commercial goals, and that it will apply the measures referred to in item 4 of the Decision;  
(4) On the basis of a lawsuit submitted by the right holder or the Ministry of Economy, the court 
may repeal the compulsory license if the importing country does not comply with the obligations 
referred to in paragraph (3), item 2 of this Article.  
 
Lawsuit to issue compulsory license for the needs of public health  
 
Article 104  
 
(1) The lawsuit that includes an application for issuing a compulsory license for the needs of the 
public health shall be submitted to the court in compliance with Article 101 of this Law if there 
is a patent or  a supplementary protection certificate in the territory of the Republic of Macedonia 
that covers the works for production and sale for the purpose of exporting.  
(2) The one submitting the lawsuit for compulsory license shall be bound to attach the follow ing 
to the lawsuit:  
1) applications for compulsory licenses in other countries for the same product, with data on the 
quantities and the importing countries;  
2) the applicant for compulsory license, and in case there is an agent, data about the agent;  
3) name of the pharmaceutical product i.e. not subject to protection, which the applicant plans to 
produce on the basis of compulsory license;  
4) quantity of the pharmaceutical product that the applicant plans to produce on the basis of 
compulsory license;   
5) data on the importing country;  
6) evidence about the previous negotiations with the right holder in compliance with paragraph 
(5) of this Article; and  
7) evidence about the application of the authorised agent of the importing country or the non -
gove rnmental organisation which operates with an authorisation from one or more importing 
countries or UN bodies or another international health organisation, which operates with an 
authorisation of one or more importing countries indicating the quantity of th e required product.  
 
 
 
Preconditions for compulsory license  
 
Article 105  
  
(1) Compulsory license may be issued only if within a period of 30 days prior to submitting the 
lawsuit, the applicant has unsuccessfully tried to get a consent from the right hold er to utilise the 
protected invention under reasonable conditions and terms.  (2) The provision of paragraph (1) of this Article shall not apply in case of necessity or other 
circumstance of final necessity in the country or in case of non -commercial use, in compliance 
with Article 31, item b) of the TRIPS Agreement.  
 
Notifying the patent holder  
 
Article 106  
  
The court, without delay, shall notify the right holder on the application filed for granting a 
compulsory licence and shall provide opportunity for  explanation.  
 
Properties of the issuing compulsory license for the needs of public health  
 
Article 107  
 
(1) The compulsory license may not be exclusive.  
(2) The duration and the scope of the compulsory license stated in the court decision regarding 
the license shall depend only from the duration of the reason due to which it had been issued.  
(3) The quantity of products that may be produced on the basis of the compulsory license must 
not exceed the quantity which is necessary to respond to the needs of th e importing countries i.e. 
the importing countries stated in the lawsuit, taking into consideration the quantity of products 
produced in other countries on the basis of the compulsory license.  
(4) The compulsory license may be transferred only together wit h the production capacity i.e. 
with the part of it, in which the invention for which the compulsory license has been issued is 
used 
 
 
Requirements for issuing compulsory license for the needs of public health  
 
Article 108  
 
(1) The product which is produced  or imported on the basis of a compulsory licence may not be 
offered for sale or placed on the market of a country i.e. not indicated in the application, except 
when the importing country, in compliance with item 6, subitem (i) of the Decision, imports in a 
country that has also signed the regional trade agreement and has the same problem in the field 
of health.   
(2) The packing or any relevant text must contain a clear indication that the product is a subject 
to a compulsory license, the name of the court  granting the license and the number of the subject, 
a clear indication that the product is intended exclusively for export and distribution in the 
importing country or the importing countries and detailed data regarding the product provided 
for customs au thorities in the Republic of Macedonia.  
(3) Compulsory license shall be issued for the needs of the local market, unless proved in the 
judicial procedure of issuing that this is contrary to the protection of competition on the market.  
(4) If the product for which in the Republic of Macedonia a compulsory license has been issued, 
is patent granted in the import country indicated in the application, the product may be exported only if that country has issued a compulsory license for export, sale, and/or dis tribution of that 
product.  
(5) The conditions under which the license is issued shall not affect the method of distribution in 
the importing country.  
 
Procedure of issuing compulsory license  
 
Article 109  
 
(1) When deciding upon the application for issuin g compulsory licence, the court shall check if:  
1) every importing country, member of the WTO and stated in the application, has sent a 
notification to the WTO in compliance with the Decision i.e. if every importing country, which is 
not member of the WTO  and is stated in the application, has notified the Ministry of Economy in 
compliance with the provisions of this Article for each product from the application despite of 
the possibility, which the least developed countries have, in compliance with the Dec ision;  
2) the product quantity stated in the application does not exceed that on which the importing 
country as a WTO member has notified the WTO i.e. the Ministry of Economy,;  
3) the total quantity of products for which production is allowed with regard  to any importing 
country has not significantly exceeded the quantity on which that country has notified the WTO 
i.e. the Ministry of Economy, taking into consideration the other granted compulsory licences.  
(2) The court decision shall state the actions for the production of which the applicant shall be 
authorised, and which are necessary for production, export, and distribution in the country i.e. 
the countries stated in the application.  
(3) The court decision shall order the products to be clearly mark ed with special labels or 
indications that they are produced on the basis of the compulsory licence so that they will differ 
from those produced by the right holder by the special packing i.e. special colours and shapes, if 
such a difference is possible an d does not have big impact on the price.  
(4) The court in the decision may order the licensee prior to the delivery in the importing 
country, to put data on the web site concerning the quantity of products that he supplies the 
importing countries with, th e products obtained with the compulsory, as well as the way of 
labelling those products, and to notify the Ministry of Economy and the Ministry of Health about 
the website.  
(5) On the basis of the proposal  by the right holder for ensuring evidence, the c ourt may 
pronounce a measure to make an insight in the working books and other documents for license, 
only to check if all the obligations of the decision to issue a compulsory license are met, in 
particular, to check the product final destination, whereby  the working books and documents 
must contain an evidence on export of the product in the form of an export declaration that has 
been inspected by the customs and, as well as import evidence.  
 
Compensation  
 
Article 110  
(1) In its decision, the court shall order the applicant to pay compensation to the right holder, 
which is determined in case of a serious danger to human health or other circumstances in case 
of urgent necessity or public non -commercial use laid down in Article 31 (b) of TRIPS 
Agreement.   (2) The compensation referred to in paragraph (1) of this Article shall amount 4% at the most 
from the total price paid by the importing countries or which is paid in the interest of such a 
country.   
(3) Notwithstanding paragraph (2) of this Article, in all  other cases, the compensation shall be 
established by taking into consideration the economic values of the use for which the respective 
country or the importing countries are authorised, as well as the humanitarian and non -
commercial circumstances with re gard to the issue of a license.    
                             
                       Refusal of the application for issuing a compulsory license  
 
Article 111  
 
 (1) The court shall reject the request for issuing of a compulsory license if it fails to 
inclu de elements necessary for making the decision or if the conditions for granting a 
compulsary license laid down in Articles 105 and 108 of this Law, are not fulfilled.    
 (2) The Court shall not make the decision referred to in paragraph (1) of this Article  if it 
has not previously called the applicant to explain the reasons for which the court is not able to 
issuing a compulsary license.   
 
Cessation or reconsideration of compulsary license  
 
Article 112  
 
 (1) The right holder or the licensee has the right to  make a lawsuit and ask the court to 
abolish the compulsory license if it finds out that the opposite party does not respect the decision 
for issuing of a compulsory license.   
 (2) In the judgement by which it is decided for cessation of the compulsory lic ense, the 
court shall define a deadline in which the licensee is obliged, on its own account, to re -intend all 
the products in its ownership or competence or to allow the importing country to do it or remove 
it in some other way, in agreement with the righ t holder.   
 (3) When the importing country gives an information that the quantity of pharmaceutical 
products has become insufficient to meet its need, the licensee may file a lawsuit and ask for 
change of the conditions for issuing a license, for the purpo se of production and export of 
additional quantities of products to the level of the quantities required to meet the needs of the 
importing country.  In such cases the court proceeds urgently.  If the required quantity of the 
product does not exceed 25%, of the total quantity allocated by the basic license, the provisions 
from Article 109 paragraph (1) item 1 of this Law, shall not be applied.   
 
 
Notifications  
 
Article 113  
 
(1) The Court shall inform, through the Ministry of Economy, the TRIPS Council about t he 
effective verdicts for the issuance of a compulsory license, the conditions under which it has 
been issued, its cessation and modification.   (2) Data which shall be filed are as follows:   
1) the name and address of the licensee;  
2) the product it refer s to;  
3) provided quantity;  
4) importing country;  
5) duration of the license;  
6) address of the web -site according to Article 109 paragraph (5) of this Law.   
 
Prohibition on import  
 
Article 114  
 
(1) In the Republic of Macedonia there shall be a prohibit ion on import of products on the basis 
of the provisions of this Law, because of free trading, re -import, suspension procedures or 
because of putting into free zone or free warehouse.   
 (2) Paragraph (1) of this Article shall not apply in case of repeated export in the importing 
country stated in the application and identified on the packaging and the supporting documents 
for the product, or of putting into procedure at customs or transit warehouse or in free zone or 
free warehouse for the purpose of repeat ed export in the importing country.   
 
Operation of the customs  
 
Article 115  
 
(1) If there is a ground to suspect that the products produced on the basis of the compulsory 
license issued in accordance with the provisions of this Law are imported on the terr itory of the 
Republic of Macedonia, contrary to the provisions referred to in Article 113 paragraph (1) of this 
Law, the customs authorities shall retain for checking the concrete products as long as necessary, 
but up to ten working days at the most.  In ca se of special circumstances, the customs authorities 
may decide to extend the deadline for additional ten working days at the most.   
(2) The customs authorities shall, without delay, inform about the retention referred to in 
paragraph (1) of this Article, the right holder and the producer or exporter of these products, and 
shall invite them to submit data and evidence for the products.   
(3) If customs authorities, within the period of retention, find out that there is infringement of the 
compulsory license,  contrary to the prohibition referred to in Article 114 paragraph (1) of this 
Law, they shall confiscate the products and withdraw them from the market, in accordance with 
the customs regulations.   
(4) Procedure for retention and confiscation shall be on t he account of the importer, in 
accordance with the customs regulations.  In solidarity with the importer, any other person, which 
has tried to make unlawful import, shall be held responsible for the costs.   
(5) If it is established that by the import of pro ducts which are retained in accordance with the 
provisions of this Article, there has been infringement of the ban referred to in Article 114 
paragraph (1) of this Law and if the customs regulations have been respected, the customs 
authorities shall place the products on the market in the territory of the Republic of Macedonia.   
(6) The customs authorities shall report to the Ministry of Economy with regard to the 
confiscation and destruction of products in accordance with the provisions of this Article.    
APPLICATION FORMS FILED ACCORDING TO INTERNATIONAL AGREEMENTS  
 
Application forms filed through the Office as receiving office in accordance with PCT  
 
Article 116  
 
(1) The provisions of PCT and the provisions of this Law shall be applied to the applications  
which are internationally filed through the Office as receiving office.   
(2) The applications referred to in paragraph (1) of this Article shall be filed in English language.   
(3) The contents of the application and the form of the applications referred t o in paragraph (1) 
of this Article shall be established by a regulation adopted by the director of the Office.   
 
Applications in which the Office is designated or elected office  
in accordance with PCT  
 
Article 117  
 
(1) The provisions of PCT and the provi sions of this Law shall be applied to the applications 
filed to the Office as designated or elected office.   
(2) The contents of the application and the form of the request for the applications referred to in 
paragraph (1) of this Article shall be establis hed by a regulation which is adopted by the director 
of the Office.   
 
Applications which are filed in accordance with the Extension Agreement  
 
Article 118  
 
 (1) The provisions of the Extension Agreement and the provisions of this Law shall be 
applied to th e applications filed in accordance with the Extension Agreement.   
 (2) The contents of the application and the form of the requests for the applications 
referred to in paragraph (1) of this Article shall be established by a regulation which is adopted 
by the director of the Office.   
 
Right that applies to European applications and European patents  
 
Article 119  
 
The provisions of this Law shall be applied to the European patents which have been granted by 
EPO in accordance with EPC and the European applicati ons filed in accordance with EPC for 
which protection is requested in the Republic of Macedonia, unless otherwise determined by 
EPC.   
 
Filing of European applications  
 
Article 120   
(1) The European applications, with the exception of the European divisiona l applications, shall 
be filed in any language.   
(2) The application referred to in paragraph (1) should contain clear designation that European 
application is filed.   
(3) The provisions of Articles 71, 72 and 73 shall also be applied to the European appli cations 
relating to the security and defence of the Republic of Macedonia.   
 
Rights from the European applications  
 
Article 121  
 
 (1) The European application for which protection has been requested in the Republic of 
Macedonia and on which there is a date  determined for submission to EPO, shall be considered 
as a regular national application for a patent, no matter of the procedure results.   
(2) European application published in accordance with ЕPC for which protection has been 
claimed in the Republic of M acedonia, shall be protected in accordance with Article 301 
paragraph (5) of this Law counted from the date on which the translation of the patent claims for 
that application has been filed to the person who uses the invention in the Republic of 
Macedonia.   
Rights from European patent  
 
Article 122  
 
 
(1) The European patent for which protection has been requested in the Republic of Macedonia 
in accordance with paragraphs (2) to (4) of this Article shall have the same rights referred to in 
Article 89 of this Law with the national patent, counted from the date of the granting in EPO.   
(2) The holder of the European patent shall be bound within 3 months following the date of the 
granting publication in EPO, in addition to the application for granting of the pate nt, to submit to 
the Office also translation into Macedonian language of the patent claim and the drawings if the 
application includes drawings and to pay the prescribed taxes and charges of the procedure.   
(3) The obligation and the deadline referred to i n paragraph (2) of this Article shall also be 
applied to the European patent which is maintained with changed scope of protection as a result 
of the objection procedure in EPO.    
(4) The Office shall publish the translations referred to in the paragraphs (2) and (3) of this 
Article in the official newsletter.   
(5) The European patents which have been filed in accordance with paragraph (2) of this Article 
shall be entered into the register of the Office and published in the official newsletter of the 
Office .  
(6) If the holder of a European patent fails to submit the translations referred to in paragraphs (2) 
and (3) or fails to pay the taxes and charges of the procedure within a specified time, the Office 
shall reject the application referred to in paragrap h (2) of this Article.   
 
Language of the European patents  
 Article 123  
 
(1) If the translation of the patent applications into Macedonian language referred to in Articles 
121 paragraph (2) and 122 paragraphs (2) and (3) of this Law provides protection with  a reduced 
scope compared to the protection of the European application or the European patent in the 
language of the procedure, the translation in Macedonian language shall be applied in all 
procedures except in the procedure of a complaint in front of EP C.  
(2) The applicant i.e. the holder of the European patent may submit the corrections of the 
translation referred to in paragraph (1) of this Article as far as the procedure for granting in front 
of EPO is completed.   
 
Maintenance of the European patents  
 
Article 124  
 
(1) For the purpose of maintaining the European patents in the Republic of Macedonia, taxes 
shall be paid for each year following the year of publishing the granting of the European patent, 
but not later than two months following the date of  publication of the granting of the European 
patent in accordance with EPC.   
(2) As for the payment of the funds for maintenance referred to in this Article paragraph (1),  
Article 141 paragraph (2) from EPC shall be appropriately applied.   
 
Conversion int o national application  
 
Article 125  
 
(1) The European application for which protection is claimed in the Republic of Macedonia may 
be converted into a national application if it is considered withdrawn in accordance with Article 
77 paragraph (5) of EPC or if the translation of the patent requests in accordance with Article 14 
paragraph (2) of EPC has not been filed within the deadline referred to in Article 90 paragraph 
(3) of EPC.  
(2) The applicant referred to in paragraph (1) of this Article shall be boun d to submit to the 
Office a translation of the application into Macedonian language and to pay the taxes and fees 
prescribed.   
 
Parallel protection  
 
Article 126  
 
If a European patent and a national patent have the same date of submission or if a right to 
priority has been claimed and that same date has been acknowledged to the same person or to his 
legal successor, the national patent shall not have legal action to the extent in which the same 
invention is covered by the European patent, counted from the da te on which the deadline for 
entering an objection has expired, and an objection has not been filed or from the date on which 
in a complaint procedure a final decision has been taken that the European patent remains into 
effect.   PART III  
INDUSTRIAL DESIGN  
 
Subject to protection  
 
Article 127  
  
(1) The right to industrial design shall protect the design which is new and has individual 
character.   
(2) Design in view of paragraph (1) of this Article shall be the outer appearance of a product as a 
whole or of i ts part which is determined by its characteristics, in particular the lines, contours, 
colours, shape, texture and the materials which the product is made of or ornamented, and/or also 
its decorations.   
(3) "Product", within the meaning of paragraph (2) of  this Article shall be an industrial or 
handcraft item, including, inter alia , also parts intended to be combined in a complex product, 
packaging of the product, graphic symbols, typographical signs, except computer programs.   
(4)"Complex product" within t he meaning of paragraph (3) of this Article shall be a product 
composed of more parts which could be replaced so that they enable dismantling and assembling 
of the product again.   
(5) The design applied to a product or contained in a product which composes  an integral part of 
a complex product, shall be deemed new and it has an individual character if:   
1) an integral part built in a complex product remains visible throughout the normal use of the 
complex product; and  
2) visible characteristics of the inte gral part fulfil the conditions of novelty and individual 
character.   
(6) "Normal use" according to paragraph (5) item 2 shall mean use by the end user, excluding 
maintenance, servicing and repair of the product.   
 
Novelty of design  
 
Article 128  
 
(1) A des ign shall be considered as new if an identical design has not become available to the 
public prior to the date of filing of the application for acknowledgement of that particular design 
or if there has been a claim for a priority right prior to the date of  the claimed priority right or if 
there is no any earlier application filed for acknowledgement of an identical design.   
(2) A design shall be considered as identical also when it differs in unessential parts.   
 
Individual character  
 
Article 129  
 
 (1) A de sign shall be considered to have individual character if the total impression it 
makes to the informed user differs from the total impression that any other design makes to such 
a user, and which has become available to the public prior to the date of fili ng the application for an industrial design or if a priority right has been claimed prior to the date of the acknowledged 
priority right.   
 (2) In assessing the individual character of a design, the degree of freedom that the author 
has had while creating the design, shall be taken into consideration.   
 
Announcing the design  
 
Article 130  
 
 (1) It shall be considered that the design has become available to the public, according to 
Article 128 paragraph (1) of this Law if it had been published, exhibited, use d in trade or 
otherwise discovered prior to the date of filing of an application for design recognition or the 
date of the priority right if it has been claimed except if the discovery, for justified reasons, could 
have not been known in the regular operat ion in the specialised areas in the Republic of 
Macedonia, prior to the date of filing of the application for an industrial design or if a priority 
right has been requested, prior to the date of the priority.   
(2) It shall not be considered that a design has become available to the public according to 
paragraph (1) of this Article, if it has been:   
 1) discovered by a third party under clear or assumed conditions of secrecy.   
 2)discovered by the designer, his legal successor or a third party on the basis of information or 
activities undertaken by them in the course of 12 months, prior to the date of filing  the 
application for industrial design or if right to priority has been claimed, since the date of the 
priority.   
 
 
 
 
 
Design conditioned by technical f unctions  
and design of connected elements  
 
Article 131  
 
A design shall not be protected by an industrial design, if:   
1) it is exclusively determined by the technical functions of the product, or  
2) it has to be reproduced in its accurate shape and dimens ions so the product in which it is 
contained or on which the design is applied to, could be mechanically connected to other product 
or placed inside, close to or around other product so that the two products could perform their 
function.   
(2) If the condit ions referred to in Articles 128 and 129 of this Law are fulfilled, notwithstanding 
the provisions referred to in paragraph (1) item (2) of this Article, a design which enables 
multiple assembling or connection of mutually replaceable products in a modular  system may be 
protected.   
Absolute grounds for refusal  
 
Article 132   
(1) A design shall be protected by a right of an industrial design if:   
1) it is not in accordance with Article 127 paragraph (2) of this Law;  
2) it is contrary to the public order or t he morality;  
3) it represents a technical plan or a scheme;  
4) it represents exclusively cartographic or photographic work;  
5) it contains state or other public coat of arms, flag or emblem, title or abbreviation of the title 
of some international organ isation, unless it has provided a permssion from the competent 
authority of the respective country or organisation;  
6) it contains or imitates figure or name of a historical or deceased famous person from the 
Republic of Macedonia, unless it has provided a permission from a competent state 
administrative body.   
7) it contains or imitates name, shape or other recognisable part of protected cultural inheritance 
in the Republic of Macedonia, unless it has provided a permission from a competent state 
administr ative body.   
(2) Competent body for granting the permission referred to in paragraph (1) items 5 and 6 of this 
Article shall be the Ministry of Justice, and regarding the issuance of the permit referred to in 
paragraph (1) item 7, competent authority shall  be the Administration for Cultural Inheritance 
Protection.   
 
 
 
Relative grounds for refusal  
 
Article 133  
 
(1) A design maynot be protected by an industrial design right, if:   
1) it is not new according to Article 128 of this Law;  
2) it does not have an i ndividual character according to Article 129 of this Law;  
3) it can not be protected in accordance with Article 131 of this Law;  
(2) An industrial design maynot protect a design which infringes previously acquired rights of:   
 1) the holder of the  previ ously protected right from industrial property;  
 2) the person who has copyright to a work identical or similar to the design.   
(3) The reasons for excluding from the protection of the right to industrial design in accordance 
with paragraph (1) item 4 of this Article, could be invoked only by the applicant of a previously 
filed application or the holder of a previously acquired right.   
(4) Industrial design that has been declared earlier shall be a reason for refusal only if it is 
registered.    
 
Applicant  
 
Article 134  
 
(1) Procedure for acquiring a right to industrial design may be initiated by the author or his 
successor only.   (2) If the design is creation of several authors, then all the authors and their successors Article 
shall be entitled to the right  to initiate the procedure referred to in paragraph (1) of this .   
(3) If the application for industrial design has not been filed by the author, then it shall be 
deemed that it has been filed in accordance with paragraph (1) of this Article, until contrar y 
proved.   
(4) Application for industrial design could also be filed by the customer if the design has been 
made on the basis of an order contract, unless otherwise determined by the contract.   
(5) Application for industrial design may also be filed by the  employer if the design is made by 
an employee in the frames of his working obligations, following the instructions of his employer, 
unless otherwise determined by the work contract.   
 
Author  
 
Article 135  
 
(1) Author shall be a natural person who has creat ed the design by his creative labour.   
(2) Author shall not be deemed the person who, in the creation of the design, has offered 
technical assistance only.   
Legal successor  
 
Article 136  
 
(1) Legal successor to the author shall be a legal or natural person whose acquirement of the 
right to industrial design is based on law, legal work, inheritance and court decision.   
 
Initiation of a procedure  
 
Article 137  
 
(1) The procedure for grant an industrial design right shall be initiated by filing an application fo r 
industrial design right to the Office.   
(2) Procedure for acknowledgement of a right to industrial design may also be initiated by filing 
an application in accordance with the Hague Agreement.   
(3) Procedure for international registration of an industria l design, in accordance with the 
provisions of the Hague Agreement, shall be initiated by filing an application for international 
registration of an industrial design directly to the International Bureau, of the World Intellectual 
Property Organisation.   
Uniqueness of a design  
 
Article 138  
 
(1) Separate application shall be filed for each design for which protection is requested.   
(2) It shall be possible to claim protection of more designs of products (multiple applications) 
through one application for rec ognition of an industrial property right,.   
(3) If a multiple application is filed, all designs from the application shall have to be intended to 
be applied to products classified in same class according to the Locarno classification.   (4) The multiple app lication may contain maximum of a hundred designs.   
 
Right of priority  
 
Article 139  
(1) From the date of receipt of  proper application for industrial design in the Office, the 
applicant filing a proper application for industrial design has the right to pr iority in relation to 
any other person who files an application.   
(2) Exception from paragraph (1) of this Article shall be when the conditions for filing of an 
application for industrial design as provided for in Articles 140 and 141 of this Law, are fulf iled.  
 
Exhibition priority right  
 
Article 140  
 
(1) A person who exhibits a design at an officially acknowledged international exhibition or fair 
in the Republic of Macedonia or in other member state of the Paris Union or WTO, may, within 
three months from  the date when the exhibition (fair) is closed, apply for a right to priority from 
the first day of the exhibit i.e. from the date of use.    
(2) When the application referred to in paragraph (1) of this Article is filed, it has to be 
accompanied by a writt en confirmation from the competent authority of the member state of the 
Paris Union or the WTO confirming that it is an officially acknowledged exhibition (fair) 
according to the Convention relating to International Exhibitions and designating data for the  
type of the exhibition or fair, the venue in which it takes place, the starting and ending date, i.e.  
the date of use.   
(3) By acknowledging the priority right referred to in this Article, the deadlines of Article  141 of 
this Law, shall not be extended.   
Union priority right  
 
Article 141  
 
(1) A legal or a natural person that has filed a regular application for industrial design in a 
member state of the Paris Union or theWTO shall be acknowledged priority right in the Republic 
of Macedonia from the date o f submission of its first application, if requested so within 6 months 
from the date of submission of the first application.   
(2) Regular application referred to in paragraph (1) of this Article shall be considered to the 
application the date of submission  of which has been established in accordance with the national 
legislation of the member state of the Paris Union or the WTO in which the application has been 
filed, or in accordance with the international treaties signed between the member states of the 
Union, regardless of the legal destiny of the application later on.   
 
Obligations of the applicant with union priority  
 
Article 142  
The submitter of the application for industrial design who intends to use the priority right 
referred to in Article 141 of th is Law, shall be bound, in the application filed in the Republic of Macedonia, to state all data concerning the application he invokes to, and within three months 
from the date of submission of the application for acknowledgement of the priority right, to 
submit a copy of the first application, certified by competent authority of the member state of the 
Paris Union or  the WTO in which the application has been filed.   
 
 
Multiple priority right  
 
Article 143  
 
(1) The applicant for industrial design may invoke  to the multiple priority right on the basis of 
more previously filed applications in one or more  member states of the Paris Union or the  
WTO.    
(2) If the applicant invokes to the multiple priority right, the deadlines which, in accordance with 
this Law , start with the date of the granted priority right, shall be considered from the very first 
date of the multiple priority right.   
 
Certificate for priority right  
 
Article 144  
 
(1) At the request of the applicant, the Office shall issue a certificate on priori ty right which 
is valid from the date established as date of filing the application for industrial design.   
(2) The contents of the application and the contents of a certificate for priority right shall be 
established by a regulation which is adopted by the Di rector of the Office.   
 
Contents of the application  
 
Article 145  
 
(1) Application for industrial design must contain the following:   
1) request for recognition of the right to industrial design;  
2) data related the applicant;  
3) representation of the des ign for which protection is requested.  
(2) The application referred to in paragraph (1) of this Article shall also be accompanied by other 
elements and enclosures.   
(3) If a request to postpone the publication of an application for a two -dimensional indus trial 
design according within the meaning of Article 155 paragraph (1) of this Law has been filed, the 
request may also be accompanied  by samples of the object on which the design has been applied 
instead of summaries of the design.   
(4) The contents and form of the application and other elements and enclosures to the 
application, shall be defined in more details by a regulation adopted by the Director of the 
Office.   
 
Date of filing the application  
 Article 146  
 
(1) If the application does not have the co ntents provided for in Article 145 paragraph (1) of this 
Law, the Office shall notify the applicant that his application is not correct and the date of filing 
the application cannot be acknowledged.   
(2) If the date of filing the application for industrial  design cannot be acknowledged, the Office 
shall advise the applicant to correct the shortcomings within 30 days from the notification 
received as to correct the stated shortcomings in accordance with Article 145 paragraph (1) of 
this Law.   
(3) If the appl icant corrects the shortcomings within the anticipated time limit, the Office shall 
establish the date of filing the application.   
(4) As date of filing shall be deemed the date when the applicant has corrected the shortcomings 
stated and proceeded in acco rdance with the notification, referred to in Article 145 paragraph 1 
of this Law.   
(5) If the applicant does not correct the shortcomings within the deadline referred to in paragraph 
(2) of this Article, it shall be deemed that the application has been wit hdrawn and a conclusion 
will be made to stop the procedure.    
 
Entry into the Register of Applications  
 
Article 147  
 
(1) The application for industrial design shall be entered into the application register for 
industrial designs.   
(2) The contents and the method of keeping application register for industrial design and the 
extract from the register shall be established by a regulation adopted by the director of the 
Office.   
Division of multiple application  
 
Article 148  
 
(1) At the request of the applicant, a multiple application for industrial design may be divided 
into two or more applications in the course of the procedure for acknowledgement of the right to 
industrial design.   
(2) Division of an application for industrial design shall be allowed by adopti on of the decision 
to acknowledge the industrial design right.   
(3) An application for industrial design created by division of the multiple application shall keep 
the filing date of the first application and shall also keep the priority right if there is a claim for 
it.   
(4) Contents of the application for division of the application for industrial design shall be 
established in a regulation adopted by the director of the Office.   
 
Correct application  
 
Article 149  
 An application for industrial design sha ll be correct if:   
1) it includes all the necessary parts and enclosures provided for in Article 145 of this Law and in 
a regulation adopted by the director of the Office;  
2) it encloses a correct power of attorney, if the application is filed through  re presentative;  
3) a translation of the application into Macedonian language is submitted, if the application is 
written in a foreign language;  
4) the prescribed application tax is paid and an evidence for the payment is submitted.   
 
Formal examination of application  
 
Article 150  
 
(1) Upon the registration of the application for industrial design in the register of applications, 
the Office shall examine if the application is correct in accordance with Article 149 of this Law.   
(2) If the Office finds that t he application for industrial design is not correct, it shall advise the 
applicant to correct the shortcomings within a deadline which can not be longer than 60 days, 
from the date of receiving the notification.    
(3) If the applicant provides an elaborate d request, the deadline referred to in paragraph (2) of 
this Article may be extended for justified reasons for an extended period which cannot be longer 
than 60 days.   
(4) If the applicant does not correct the shortcomings referred to in paragraph (2) of t his Article 
within the specified deadline, the Office shall reject the application by a decision.   
(5) When the applicant invokes to the attachments which are not included in the content of the 
application, the Office shall notify the applicant to submit t hem within the prescribed deadline.   
(6) If the applicant does not proceed according to the notification referred to in paragraph (5) of 
this Article, it shall be deemed that such attachments do not exist.   
(7) If the applicant corrects the application wit hin the prescribed deadline, it shall be considered 
that the application is filed in a regular way.   
 
Examination of the conditions for recognition of the right  
Article 151  
 
 If the application is correct according to Article 149 of this Law, the Office sh all examine 
whether the conditions for recognition of the industrial design right are fullfiled.   
 
Decision for refusal of the application  
 
Article 152  
 
(1) If the declared industrial design  may not be recognized due to some of the reasons referred to 
in Article 132 of this Law, the Office shall adopt a decision for total or partial refusal of the 
application.   
(2) The Office may not take a decision to reject the application for industrial design if it has not 
previously informed the applicant in writing a bout the reasons for which the claimed right could 
not be recognized, i.e. it cannot recognize the right in the requested scope and if it has not 
advised the applicant to explain those reasons within a reasonable time limit.   (3) The deadline referred to i n paragraph (2) of this Law may, at an elaborated request by the 
applicant, be extended up to six months.   
(4) When explaining, the applicant may not additionally change the design.   
 
Payment of expenses  
 
Article 153  
 
(1) If the application for industrial design fulfils the requirements within the meaning of Article 
149 of this Law, and if the design has not been excluded from protection according to Article 
132 of this Law, the Office shall advise the applicant to pay, within certain time limit which can 
not be longer than 30 days, for the costs made with the publication of the application data in the 
Official Gazette of the Office.   
(2) If the applicant does not pay the costs referred to in paragraph (1) of this Article, the Office 
shall adopt a decision t o reject the application.   
 
Publication of the application for industrial design  
Article 154  
(1) If the applicant proceeds in accordance with Article 153 paragraph (1) of this Law, the Office 
shall publish the application data in the Official Gazette of th e Office within 90 days at the latest.   
(2) The application data which are announced in the Official Gazette of the Office shall be 
established by a regulation adopted by the director of the Office.   
 
Postponement of publication of application for industri al design  
 
Article 155  
 
(1) The applicant for an industrial design may, at same time with submission of the application, 
ask postponement of the publication for a period of 12 months, counted from the date of filing 
the application or, if priority right ha s been claimed, from the date of the priority right.   
(2) If postponement of the publication for industrial design is claimed, the Office shall publish 
the application data in the official newsletter, in a way as established by a regulation adopted by 
the director of the Office.   
(3) In the case referred to in paragraph (1) of this Article, upon the expiration of the time limit 
for postponement of the publication for industrial design or if any other previous date that the 
applicant has stated in the applic ation has expired, the Office shall advice the applicant to 
submit, within 30 days, photographs and graphic drawings of the design as stated in the 
application,  in compliance with article 145 paragraph (1) item 3 and pay the costs referred to in 
Article 1 53 paragraph (1) of this Law.   
(4) If the applicant fails to proceed in accordance with the notification referred to in paragraph 
(3) of this Article, the application shall be rejectd by a decision.   
(5) Regarding multiple application, paragraph (1) and pa ragraph (3) of this Article may be 
applied only to some of the designs included in such an application.   
 
Opposition  
 Article 156  
 
(1) Opposition to the published application for industrial design could be lodged to the Office, 
within 90 days, starting fro m the date of the publication, by:   
1) an applicant of previously registered industrial design and holder of previously recognized 
industrial design right;  
2) holder of previously acquired industrial property right, if the subject of that right is identic al 
or similar with the published industrial design;  
3) person who has copyright to a work identical or similar to the published industrial design; and  
4)  an interested person who believes that the published industrial design is not in compliance 
with the  requirements for innovation and individual character or it is exclusively restricted by the 
functional characteristics of the product according to Article  133 paragraph (1) of this Law.   
(2) The time limit for lodging an opposition as referred to in para graph (1) of this Article shall 
not be extendable.   
(3) A separate objection shall be lodged for each published application for industrial design.   
(4) The content of the opposition and the method of submission shall be established in a 
regulation adopted by the director of the Office.   
 
Examination of opposition  
 
Article 157  
 
(1) The Office shall examine whether an oppostion has been lodged by a person who is 
authorised to lodge opposition as referred to in Article 156 paragraph (1) of this Law and 
whether  the oppostion has been lodged within the prescribed deadline.   
(2) If the requirements referred to in paragraph (1) of this Article are not fulfilled, the Office 
shall make a decision to reject the opposition.   
(3) If the requirements referred to in parag raph (1) of this Article are fulfilled, the Office, within 
a period of 15 days following the receipt, shall lodge the opposition to the applicant for industrial 
design and shall advise him, to explain the reasons stated in the opposition, within a period n ot 
longer than 60 days,.   
(4) If the applicant does not explain the reasons stated in the opposition within the specified 
period referred to in paragraph (3) of this Article, the Office shall decide on the basis of the 
claims in the opposition.   
 
Deciding on opposition  
 
Article 158  
 
(1) If the applicant for an industrial design explains the reasons stated in the opposition and 
submits a reply to the opposition, the Office shall examine the basis for the opposition, taking 
into consideration the reasons for the opposition and the reply to the opposition.   
(2) If the Office finds that there is no ground for the opposition, it shall reject the opposition by a 
decision forwarded to both, the applicant and the person who lodged the opposition.   
(3) If the Office finds that the opposition is founded, it shall take a decision to reject the 
application and shall forward it to both, the applicant and the person who lodged the opposition.    
Grant of industrial design right and entry in register  
 
Article 159  
 
(1) If the re is no opposition lodged within a defined period or if the opposition is rejected, the 
Office shall notify the applicant, within 30 days following the date of the receipt of the 
notification, to pay the maintenance fee for the first five years of the val idity of the industrial 
design, the costs for the publication in the Official Gazette of the Office, and the costs for 
issuance of a document for industrial design.   
(2) If the applicant pays the fees and costs referred to in paragraph (1) of this Article,  the Office 
shall issue a decision for grant the right to industrial design and enter the granted right in the 
register for industrial designs.    
(3) If the applicant does not pay within the prescribed deadline the fees and costs referred to in 
paragraph ( 1) of this Article, the Office shall reject the application by a decision.   
(4) The content and the method of keeping a register on applications for industrial design and an 
extract from the register shall be established by a regulation adopted by the dire ctor of the 
Office.   
 
Recording changes in the Registers  
 
Article 160  
 
(1) Th changes related to the applicant, the holder of the right and the right itself, are entered in 
the register on applications for industrial design and in the register on industria l designs.   
(2) The changes entered in the Register on applications for industrial design upon publication of 
an application and the changes filed in the Register on industrial design shall be published in the 
Official Gazette of the Office.   
(3) The chang es which are entered, the content and the form of the application and the procedure 
for entering the changes shall be established by a regulation adopted by the director of the 
Office.   
 
 
 
 
Scope of protection  
 
Article 161  
 
(1) The scope of protection of t he industrial design shall be determined by the characteristics of 
the design given in the presentation and the characteristics supported in the description if 
availabe.   
(2) Protection arising from the industrial design right shall cover the design in the  scope in which 
it does not make different overall impression to the notified customer.   
(3) When assessing the scope of protection, the freedom the designer had in the course of 
creation of the design shall be taken into consideration.    
Acquaring the ind ustrial design right  
 
Article 162  
 
(1) Industrial design right shall be acquired on the date of adopting a decision on grant of the 
right and with the entering in the Register.   
(2) The date of entering in the Register shall be the same with the date of ad option of a decision 
for grant of the industrial design right.   
 
Publication of the industrial design  
 
Article 163  
 
(1) The data on the industrial design shall be published in the Official Gazette of the Office, 
within 90 days at the latest, from the date of entering the industrial design in the register.   
(2) The application data that are published in the Official Gazette of the Office shall be 
established by a regulation adopted by the director of the Office.   
 
Industrial design certificate  
 
Article 164  
 
(1) The Office shall issue a certificate to the holder of the industrial design within six months 
following the date of adoption of the decision of grant of the right to industrial design at the 
latest.   
(2) The content of the certificate on industrial des ign shall be established by a regulation which is 
adopted by the director of the Office.   
 
Moral rights of the author of the industrial design  
 
Article 165  
 
(1) The author, no matter if he is applicant or holder of the right, shall always have the right to  be 
stated as author of the industrial design in all documents and public publications.   
(2) The moral right of the author shall not be transferable.   
(3) If the industrial design has been created by several authors, they all have equal rights, no 
matter o f the contribution in the creation of the industrial design, thus all of them have to be 
stated.   
Exclusive rights  
 
Article 166  
 
(1) A holder of an industrial design shall have the exclusive right to use the industrial design and 
prevent third parties from  using it without his consent.   (2) Usage, in accordance with paragraph (1) of this Article shall cover, in particular, 
manufacture, supply, putting into circulation, export, import or usage of the product in which the 
design is contained or to which the d esign has been applied to, or storage of such products for 
certain purposes.   
(3) If the publication of an industrial design is postponed according to Article 155 of this Law, 
during the period of postpoment of the publication, the holder shall have the ri ght to prevent 
third parties from carrying out acts referred to in paragraph (2) of this Article, if such a use is a 
result from the coping of the industrial design.   
 
Exception from infrigement of industrial design right  
 
Article 167  
 
If products made acc ording to the industrial design are used in construction or in ship equipment, 
air planes or land vehicles belonging to a member state of the Paris Union or WTO when such 
means of transportation are found, temporarily or by chance, in the territory of the Republic of 
Macedonia, on conditions that the built -in product serves exclusively to the needs of these means 
of transportation, it shall not be considered as infrigement of the exclusive rights of the holder of 
the industrial design.   
 
Limiting the exclus ive Rights  
to industrial design  
 
Article 168  
 
The exclusive rights referred to in Article 166 of this Law shall not be applied to the usage of an 
industrial design for:   
1) private and non -commercial purposes;  
2) announcements to the public or for the pur pose of education, if it is in accordance with the 
good business practices and if it does not harm the interests of the holder of the right and of the 
author;  
3) experimental and scientific purposes.   
 
Right based on previous usage  
 
Article 169  
 
(1) The h older of the right may not invoke the exclusive rights towards a third party that has used 
the same design of the product or made all preparations for use of the same design of a product 
prior to the date of filing the application to the Office or prior to  the acquired priority right, if it 
has been requested, provided that the third party has made the design without having any 
information about the existence of the industrial design which at that time, was not available to 
the public.   
(2) A third party ma y not use the design referred to in paragraph (1) of this Article in a method 
that overcomes the limits of regular production activities.   (3) A person who has the right on the basis of previous use may not give a license to  a third 
party to use the desig n.  
(4) The right to previous usage shall not be transferable, unless the right of transfer is transfered 
together with the enterprise or the workshop where it has been prepared or where the use of such 
a design has started.   
Tolerance of use of industrial  design  
 
Article 170  
 
(1) The holder of the previously recognized industrial design shall neither has the right to claim 
cancellation of a later recognized industrial design on the basis of his priority right, nor to forbid 
use of the later recognized same  or similar industrial design, if he has ignored consciously such a 
usage in a period of five years, unless the later recognized industrial design has been protected 
negligently.   
(2) The holder of a later recognized industrial design has no right to forbi d the holder of the 
previously recognized industrial design to use it.   
 
Drawing a right  
 
Article 171  
 
The holder of the industrial design right shall have no right to forbid sale of products which the 
design has been applied to, if he himself has placed t hem on the domestic market or they are 
placed on the market with his approval, unless there has been a change in the character of the 
design.     
Validity of the industrial design  
 
Article 172  
 
(1) The industrial design shall be valid for a period of five y ears, starting from the date of filing 
the application.   
(2) The validity of the industrial design may be extended several times for a period of five years, 
but not more than 25 years.   
(3) The holder of the industrial design shall submit a request to exte nd the validity during the last 
year of validity of the protection and shall enclose proof for the payment of the established tax 
and costs of the procedure for extension .   
(4) Request for extension may also be filed within six months after the expiry of the validity, by 
payment of additional filing fee.   
(5) The new validity of the protection shall start to be in effect on the date following the date of 
expiry of the previous period of validity and it shall be entered in the register and published in 
the official newsletter of the Office.   
(6) The form and the content of a request for extension shall be established by a regulation 
adopted by the director of the Office.   
 
Cessation of the validity of the industrial design right  
 Article 173  
 
(1) The industr ial design right shall cease to be valid:  
1) if the time of validity of the industrial design referred to in Article 172 of this Law has passed;  
2)  on the basis of a written statement by the holder stating that he waives the right to industrial 
design, o n the day following the date the statement is submitted to the Office, and  
3) if the legal person which is a holder of the industrial design right has ceased to operate – 
starting on the date of cessation, i.e. if the natural person who is a holder of the  industrial design 
right has died – starting with the date of his death, or if a disappeared person who is a holder of 
the industrial design right has been pronounced dead – starting on the date when the decision 
starts to be in effect, unless this right h as been assigned to the legal successors of the legal person 
i.e. the natural person.   
(2) The cessation of the validity of the industrial design right shall be entered in the Register on 
industrial designs.   
Third parties rights  
 
Article 174  
 
(1) If a lic ense, pledge or some other right has been filed in the register for industrial design in 
favour of a third party, the holder of the industrial design may not resign from his rights without 
prior written consent from the person under the name ofwhich the li cense, pledge or some other 
right, have been filed to.   
(2) If the holder of an industrial design does not pay the established fee within a prescribed 
period, and a license, pledge or some other right has been entered in the register in favour of a 
third p arty, the Office shall notify that person that the fee has not been paid and he may pay it 
within six month period, starting from the date of notification, and keep the registered right in 
such a way.   
(3) In case of a dispute for securing the registered r ights to third party, the court may, if  
necessary, secure those rights, decide to assign the industrial design right to a person under 
thename of which license, pledge or  other right has been registered, until the claims are 
provided.   
  
PART II  
 
TRADEMA RK 
 
 
Object of trademark protection  
 
Article 175  
 
(1) A trademark shall protect a sign which may be represented graphically and which is capable 
for distinguishing goods or services of one undertaking from those of other undertakings.  
(2) Trademark shall p rotect signs capable 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 paragraph (2) of this Article may be written in any 
language and alphabet.  
 
 
Distinctiveness  
 
Article 176  
 
(1) A sign shall be capable for distinguishing if it gives to certain goods or services comparing 
them wit h the identical or similar goods or services, a special distinctive character.  
(2) While establishing whether a given sign is capable for distinguishing, all circumstances shall 
be taken into consideration, particularly the time and scope of its past use i n trade.  
 
 
Absolute grounds for refusal  
 
Article 177  
 
(1) A trademark shall not protect a sign:  
1. the publishing or use of which is contrary to the public order or morality;  
2. which cannot be represented graphically;  
3. which is not distinctive, i.e. capable for distinguishing goods or services in trade;  
4. which indicates exclusively the kind of goods or services, their purpose, time or manner of 
production, geographical origin, quality, price, quantity or weight;  
5. which has become usual in the ev ery day speech or in the established trade practice for 
marking certain type of goods i.e. 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 a subs tantial value to the goods;  
7. the appearance of which may create confusion in trade and mislead the average consumer 
particularly as to the geographical origin, kind, quality or any other characteristic of the goods or 
services;   
8. which contains or con sists of a geographic sign which serves to signify wines or other strong 
alcohoholic drinks, if the reported sign refers to wines or alcoholic drinks which are not from 
that geographical area;   
9. which contains seal, official sign or hallmarks for control  and guarantee of quality and 
imitations thereof;  
10. w hich contains a national c  oat 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, 
according to Article 6 -ter of the Paris Convention,  except with authorization from the competent 
authority of the country or organization;  
11. which contains the name or abbreviation of that name, the coat of arms, flag, emblem or 
other official symbol of the Republic of Macedonia, as well as their imitations, except with 
authorization from a competent state administrative body;  
12. which contains or imitates figure or name of a historical or dead eminent person from the 
Republic of Macedonia, except with  authorization  from a competent state administrative body.  13. which contains or imitates name, shape or other recognisable part of protected cultural 
inheritance of the Republic of Macedonia, except with  authorization from a competent state 
administrative body;  
14. wh ich 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 .  
 
(3) The M inistry of Justice shall be the competent body for issuing the authorization  from 
paragraph (1), items 11), and 12).  
(4) Competent authority for issuing authorization from paragraph (1) item 13 of this Article, 
shall be the Administration for Protection o f the Cultural Inheritance.  
 
 
Relative grounds for refusal  
 
Article 178  
 
(1) Trademark may not protect a sign:  
1. which is identical with an earlier trademark filed or registered  by another  right -owner 
designating the identical kind of goods or services;  
2. which is identical with or similar to an earlier trademark, filed or registered by another right -
owner designating the same or similar kind of goods or services which would create confusion at 
the average consumer, including the possibility of associatio n to earlier filed for 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 or registered trademark" sh all comprise:  
1. trademark enjoying priority right under the provisions of this Law;  
2. earlier internationally registered trademark 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) A trademark may not protect also a sign which is identical or similar to an earlier registered 
trademark to other party, for goods, i.e. services which are neither identical, nor similar to the 
goods, i.e. services  the sign has been reported for, if the earlier registered trademark has 
reputation in the Republic of Macedonia and if the use of this sign, without justified reason, 
would represent an unfair competition or would do harm to the distinctive character or the 
reputation of the trademark . 
(5) A trademark shall not protect a sign which infringes earlier acq uired rights of:  
1. The owner of a trademark registered in a country member of the Paris union or WTO, for 
which the representative in the Republic of Macedonia filed an application without the owners' 
consent;  
2. a natural right -owner whose name and surna me or appearance are identical with or similar to 
the published sign;  
3. the owner of an earlier industrial property right, if the subject matter of such right is identical 
with or similar to the published sign;  4. the right -owner 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 expiring of term of protection and if the right -
holder failed to file a request for renewal 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 trademark va lidity, 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.  
(7) Grounds for exclusion from trademark protection under this Article may be invoked only by 
the applicant of the earlier application or the owner of the earlier right.  
 
Applicant  
 
Article 179  
 
(1) Procedure for acquiring right to trademark may be initiated by a natural or legal right -owner.  
 
Initiation of procedure  
 
Article 180  
 
(1) The procedure for granting of a trademark right shall be initiated by filing of a trademark 
application to the Office.  
(2) The procedure for granting of a trade mark right may also be initiated by filing of an 
application according to the Madrid Agreement and the Madrid Protocol.  
(3) Separate application shall be filed for each sign for which trademark protection is sought.  
(4) One and the same trademark application may be used for requesting protection of several 
goods and services.  
 
Content of application  
 
Article 181  
 
(1) A trade mark application shall contain the following:  
Request for grant of a trademark right;   
Data related to the applicant;  
Appearance of the sign for which protection is requested, and  
List of the goods and services for which protection is requested.  
 (2) Other  components and supplements can be submitted together with the Application from 
paragraph (1).  
 (3) The contents and form of the Application and the other components and supplements added 
to the Application shall be prescribed by the regulation issued by t he Director of the Office.  
 
 
Establishing the filing date of an application   
Article 182  
 
(1) If the application does not contain the basic elements provided for in  Article 181 paragraph 
(1) of this Law, the Office shall notify the applicant that his appl ication is not proper and that 
filing date cannot be established.  
(2) If filing date of the application cannot be established, the Office shall notify the applicant to 
correct the deficiencies in accordance to Article 181 paragraph (1) of this Law within 3 0 days 
from the date of receipt of the notification.  
(3) If the applicant removes the deficiencies in the prescribed period, the Office shall determine 
the filing date of the Application.  
(4) Filing date shall be considered to be the date of reception of  a proper application within the 
meaning of Article 181 paragraph (1) of this Law submitted by the applicant under the 
notification.  
(5) If the applicant fails to correct the deficiencies within the prescribed time, the application 
shall be ?.  
 
 
 
 
Change s to a trademark application which are not allowed  
 
Article  183 
 
In the trademark application , with an established  filing date, there can be no additional changes 
to the sign itself nor is it possible  to insert supplements  to the list of the goods  and services. 
 
Recorded in the Trademark Application Register  
 
Article  184 
 
 (1) The Application  for a trademark  shall  be recorded  in the Trademark Application Register.  
 (2) The contents and manner of maintenance of the Trademark Application Register and the 
excerpt from the Register shall be prescribed by the regulation issued by the Director of the 
Office.  
 
 
Division of trademark application  
 
Article 185  
 
(1) The trademark application may, at request of the applicant, be divided during the trademark 
granting pro cedure into two or more applications 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 shall be allowed if the applicant o f the earlier application 
filed a request for protection of one trademark for several goods or services from the 
International classification of goods and services.  
(4) The request for division of application may be filed until the issuing of the decision for grant 
of trademark right.  
(5) For the purpose  of division of an application of trademark, the Office shall take a special 
decision and shall be recorded in the trademark application register.  
(6) The contents of the request for a divisional application  for a trademark shall be prescribed by 
the regulation issued by the Director of the Office.  
  
Priority right  
 
Article 186  
 
(1) If the trademark application is filed in accordance with Article 181 paragraphs (1) of this 
Law, the applicant shall acquire pri ority right as from the date of filing of the application over 
any other applicant filing a later trademark application for identical or similar sign and identical 
or similar goods or services.  
 
 
 
 
Union priority right  
 
Article 187  
 
(1) Any legal or natura l right -owner who had duly filed application in any of the state member of 
the Paris Union  or WTO shall be granted priority right in the Republic of Macedonia from the 
date of filing the first  application if that is claimed within six months of the filing date 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 Republic of Macedonia to give all information on the first 
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 application certified by the competent authority of the 
state member of the Paris Union or the WTO with which the first application was f iled, as well 
as translation of the first application in Macedonian language.  
 
 
Exhibition priority right  
 
Article 188  
 
(1) The right -owner who exhibits goods or services marked by a specific sign at an officially 
recognized international exhibition or fai r in the Republic of Macedonia or in any of the member 
states of the Paris Union or the WTO may request when filing an application that the date of exhibition of the goods or rendering of the services be accorded as priority date, within three 
months from the 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 or the WTO 
proving that the exh ibition or fair was recognized within the meaning of the Convention for 
International Exhibitions and indicate the type of exhibition or fair, its place, its opening and 
closing date and the first day of exhibiting the goods or rendering the services speci fied in the 
application.  
(3)  With grant of priority right of this article, the time limit under Article 187 of this Law shall 
not be extended.  
 
 
Certificate for a priority right  
 
Article  189 
 
(1) The Office , upon  request  of the applicant , shall  issue  a Certificate  for the priority right , which  
shall  be considered  the date prescribed as  a filing date of  the trademark application . 
(2) The contents of the request and the Certificate for the priority right shall be prescribed by the 
regulation issued by the Di rector of the Office  
 
 
Order of proceeding  
 
Article 190  
 
(1) Trademark applications shall be proceeded according to their filing date.  
(2) By way of exception from the provision from paragraph (1) of this article, the applicant can 
immediate initiation of a procedure regarding the Application:  
when there is a dispute referring to the right;  
when opposition to published application of a trade mark is submitted, and the basis of the 
opposition is previously applied trade mark;  
where, under other regulations, it is necessary to perform earlier registration of a trademark.  
(3) In the cases under paragraph (2) items 1 and 3 of this Article, the applicant shall file an 
individual request for immediate proceeding of the application and pay the prescribed fees.  
 
Proper trademark application  
 
Article 191  
 
(1) The trademark application shall be deemed correct if:  
1) composed in a manner to include all necessary components and supplements prescribed in 
article 181 from this law and the regulation issued by the Director  of the Office;  
2) an orderly power of attorney is attached thereto, if the application is filed through a 
representative; and  
3) the prescribed application fee has been paid and evidence of that submitted thereto.   
 
 
Formal examination of the Applicatio n 
 
Article 192  
 
 
(1) After entering the trademark application in the Application Register, the Office shall examine 
whether it is correct, in context of article 191 from this law.  
(2) If the application is not correct, the Office shall notify the applicant  to correct the prescribed 
deficiencies within a period not longer than 60 days, from the day of receipt of the invitation.  
(3) 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 60 days.  
(4) If the applicant corrects the application within the prescribed time limit, the application shall 
be deemed to be proper.  
(5) If the applicant fails to correct the deficiencies referred to in paragraph (1) of this  Article 
within the prescribed time limit, the application shall be rejected by decision.  
    
 
Examination of the requirements for grant of the right  
 
Article  193 
 
If the application  is correct , in context  of Article  191, from  this law, the Office  shall  examine  
whether  the requirements  for grant  of the trademark  right  have  been  fulfilled . 
 
Decision for refusal of application  
 
Article 194  
 
If the sign for which trademark application is filed is excluded from protection in respect to all or 
some of the specif ied goods or services on the grounds referred to in Article 177 of this Law, the 
Office shall issue a decision for refusal  of the application.  
(2) Decision for refusal of trademark application may not be issued if the applicant has not been 
previously noti fied in writing about the grounds for the full or partial exclusion from protection 
and informed to make a declaration thereon in due time.  
(3) If the filed sign contain an element which is neither distinctive nor appropriate for 
distinctiveness of the goo ds, i.e. of the services in the trade and if the inclusion of that element 
may be cause a suspicion with regard to the scope of protection of the trademark, the Office may 
advise the applicant, within a reasonable time limit, to submit a written statement that he does 
not request exclusive rights to that element.  
(4) The term from paragraph (2) of this article, upon an explained request from the applicant, 
may be extended to six months.  
 
Payment of the fees and publication of application   
Article 195  
 
(1) If the trademark application fulfills all the conditions according to  Article 191 of this Law, if 
the sign is not excluded from protection according to Article 177 of this Law, the Office shall 
notify the applicant, within determined deadline, which cannot  exceed 30 days from the day of 
receipt of the conclusion, to pay the fee for publication of the application data in the Official 
Gazette of the Office.  
(2) If the applicant does not pay the fees stipulated in paragraph (1) of this article, the Office 
shall issue a decision for rejection of the application.  
(3) If the applicant acts according to paragraph (1) of this article, the Office shall publish the data 
from the application in the Official Gazette of the Office within 90 days.  
(4) The application dat a published in the Official Gazette of the Office shall be prescribed by the 
regulations issued by the Director of the Office.  
 
 
Third Party Intervention  
 
Article 196  
 
(1) Once the application is published, any legal or natural person may send to the Offic e written 
intervention explaining the reasons referred to in Article 177 paragraph (1) for which he 
considers that the filed sign may not be granted .  
(2) The persons referred to in paragraph (1) of this Article shall not be parties in the procedure.   
(3) The intervention referred to paragraph (1) of this Article shall be sent, by the Office, to the 
applicant, who may provide answers to the suggestions.  
 
Opposition  
 
Article 197  
 
(1) Opposition to a published trademark application may, within 90 days from th e publication 
date, be filed with the Office by:  
1) applicant of an earlier filed trademark application and owner of earlier registered trademark 
under Article 178 paragraphs (1) to (4) of this Law;  
2) the owner of the trademark registered in a country me mber of the Paris Union or WTO, for 
which the representative in the Republic of Macedonia filed an application without the owner's 
consent;  
3) natural right -owner 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 right -owner having copyright on the work which is identical with or similar to the 
published sign;  
6) The owner of a trademark that has expired due to the expiration of the term of protection, in 
the context of article 178, paragraph (6) from this law.  (2) The time limit for filing opposition referred to in paragraph (1) of this Article shall not be 
extend ed. 
(3) A separate opposition shall be submitted for each published Trademark Application.  
(4)The contents of the opposition, as well as the manner of submission shall be prescribed by the 
regulation issued by the Director of the Office.  
 
Examination of op position  
 
Article 198  
 
(1) The Office shall examine whether the opposition is filed by a right -owner entitled to file an 
opposition within the meaning of Article 197 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 decision for rejection of the opposition.  
(3) If the requirements referred to in paragraph (1) of this Article are complied with, the Off ice 
shall notify the trademark applicant about the grounds specified in the opposition and notify him 
to make a declaration thereon within prescribed period that cannot be longer than 60 days.  
(4) If the applicant does not make a declaration 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 199  
 
(1) If the applicant makes a d eclaration 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 op position is unjustified, it shall be refused with decision.  
(3) The decision under paragraph (2) of this Article shall be sent to the applicant and to the right -
owner who filed the opposition.  
(4) If, in the examination procedure on the opposition, the Off ice 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 right -owner who filed the opposition.  
 
Grant of trademark right and entry in the register o f trademarks  
 
Article 200  
 
(1) If  the reasons  prescribed  in article  177, paragraph  (1) and article  178, paragraphs  (1), (2), (3), 
(4), (5), and (6) from  this law do not constitute a barrier  for grant  of the trademark right, the 
Office shall notify the appl icant that the conditions for granting are fulfilled and notify the 
applicant to pay the fee for maintenance of the trademark for the first ten -year period, the expenses for publication of trademark in the Official Gazette of the Office and the expenses fo r 
issuing a trademark certificate within 30 days from receipt of the notification.  
(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 issue a decision for grant of a trademark right and shall 
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 decision.  
(4) The contents a nd manner of maintenance of the Trademark Register, as well as the contents 
and the form of the excerpt from the Register shall be prescribed by the regulation issued by the 
Director of the Office.  
 
Recording changes in the Registers  
 
Article  201 
 
 (1) Cha nges related to the applicant, owner of the right, and the right itself shall be recorded in 
the Trademark Application Register, and the Trademark Register.  
(2) Т hе changes which are entered in the Trademark Application Register after the publication of 
the application and the changes entered in the Trademark Register shall be published in the 
Official Gazette of the Office.   
 (3) The changes recorded, the contents and form of the request, as well as the procedure of 
recording the changes shall be prescribe d by the regulation issued by the Director of the Office.  
 
 
Acquisition of trademark right  
 
Article 202  
 
(1) Trademark right shall be acquired by issuing decision for grant of the right and entry of the 
trademark in the trademark register.  
(2) The date of entering the trademark in the trademark register is the same as the date of issuing 
the decision for grant of the trademark.  
 
Publication of trademark  
 
Article 203  
 
(1) The data on the trademark shall be published in the Official Gazette of the Office with in 90 
days from the date of entry of the trademark into register.  
(2) The data published in the Official Gazette of the Office shall be prescribed by the regulations 
issued by the Director of the Office.  
 
Trademark certificate  
 
Article 204  
 (1) The Office shall issue to the owner a trademark certificate no later than six months from the 
date of publication of the trademark in the Official Gazette of the Office.  
(2) The contents of the certificate for trademark shall be prescribed by the regulation issued by  
the Director of the Office.  
 
Division of the registered trademark  
 
Article 205  
 
(1) At the request of the holder, the registered trademark may be divided into two or more 
trademarks according to the proposed list of products and services.   
(2) A request f or division of a registered trademark may be submitted throughout the whole 
period of protection.   
(3) The divided registered trademarks shall keep all the rights from the first registered trademark.   
(4) A request for division of a registered trademark sh all be allowed in case when the holder has 
protected one trademark for more goods and services from the international classification of 
products and services.   
(5) As to the division of the registered trademark, the Office shall make a special decision and  
shall enter the divided trademark in the register on trademarks.   
(6) The content of the request for division of the registered trademark shall be prescribed by the 
regulation issued by the Director of the Office.   
 
Exclusive rights  
 
Article 206  
 
(1) The trademark -owner shall have the exclusive 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 prohibit u se on the market by a third right -owner, 
without his consent , of a sign which is:  
1) identical with trademark used for identical goods or services;  
2) identical with or similar to trademark used for identical or similar goods or services if that 
similarity  may create confusion at the average consumer, including the possibility of association 
between the sign and the trademark;  
3) identical with or similar to trademark used for different goods or services if the trademark has 
the reputation in the Republic o f Macedonia and if the use of that sign without justified reason 
may lead to unfair competition and damage the distinctive character or reputation of the 
trademark.  
(4) The prohibition under paragraph (3) of this Article shall also include:  
1) affixing th e sign on goods and their packages;  
2) rendering services or putting on the market  goods under that sign, or storing goods with that 
intention;  
3) import or export of goods under that sign;  
4) use of the sign in correspondence, publishing or advertising.  
  
Limitations to the trademark right  
 
Article 207  
 
(1) The trademark shall not entitle its owner to prohibit third right -owners to use in trade their 
name, surname, sign or trade name, address, indications on the kind, quality, quantity, purpose, 
value, ge ographical origin, date of production of the goods or rendering of the services or any 
other characteristic of the goods, irrespective of the fact that those indications are identical with 
or similar to the trademark or parts thereof, provided that they ar e 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 right -owners from using in trade a 
sign which is identical with or similar to a trademark if that is necessary for indicating the 
purpose of the goods, particularly the spare parts thereof, or the kind of services rendered if the 
sign is used in compliance with the good trade practices and does not lead to unfair competition.  
 
 
Acquiescence in the use of a trademark  
 
Article 208  
 
(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 to the goods o r services for which the later trademark has been used, if he had 
acquiesced this use for five consecutive years, unless the later trademark was protected in bad 
faith.  
(2) The owner of a trademark with later priority right shall not have the right to proh ibit the use 
to the owner of earlier registered trademark.  
 
 
 
Exhaustion of right  
 
Article 209  
 
(1) The owner of trademark shall not have the 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, deterioration 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 210  
 
 (1) If the reproduction of a registered trademark in dictionaries, encyclopedia or similar 
publications creates an impression that it is a generic name of the products or services for which the trademark was registered, the editor of the publication 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 211  
 
(1) A trademark term shall be 10 years a s from the date of filing the trademark application.  
(2) A trademark may be renewed indefinite number 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 c orresponding fee and procedural expenses during the last year of the ten -year term of 
protection or no later than nine months after the expiration of the validity.  
(3) The new period of protection shall begin with the day of expiration of the previous ten -year 
period of protection.  
(4) In case when the application for renewal of the validity of the trademark covers only part of 
the goods i.e. services for which the trademark has been registered, the validity of the trademark 
shall be renewed only for those goods, i.e. services.  
(4) The contents and form of the request for renewal of the right to a trademark shall be 
prescribed by the regulation issued by the Director of the Office.  
 
Use of trademark  
 
Article 212  
 
(1) A trademark -owner shall, in order to main tain 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 a trademark in an insignific antly 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 constitute the use thereof.  
(3) The use of a trademark by another right -owner with owner’s consent shall be considered to 
be the use by the owner himself.  
 
Cessation of the validity of the trademark  
 
Article 213  
 
(1) A trademark shall cease to be valid when:   
1) the holder of the right without any justified reasons fails to use the trademark for  marking the 
products, i.e., services which it refers to more than five years in continuity from the date when 
the trademark has been entered in the register of trademarks, i.e., from the date when the 
trademark has been used for the last time;  
2) because  of inactivity of the holder of the right it has become usual name in the trade of the 
products, i.e., of the services for which it has been registered;  3) because of the method of usage by the holder of the right or by his approval, of the goods and 
services for which it has been registered, and which may lead the public to confusion with regard 
to the type, quality or the geographical origin of those goods or services, and  
4) a collective trademark is used contrary to the common act or agreement on a co llective 
trademark.   
(2) The contents of an application for cessation of validity referred to in paragraph (1) of this 
Article shall be established in a regulation adopted by the director of the Office.   
 
 
Procedure following a request for cessation of the  validity of a trademark  
 
Article 214  
 
(1) A procedure for proceeding with a request for cessation of the validity of a trademark 
referred to in Article 21 paragraph (1) of this law shall be initiated at the request of the person 
concerned.   
(2) A request referred to in paragraph (1) of this Article shall be submitted in writing to the 
Office.   
(3) The Office shall be bound, within fifteen days following the date of receipt of the request, to 
forward the request to the holder of the right and advise him to come out with an explanation 
within a determined period which can not be longer than 60 days of the date of receipt of the 
notification.   
 
Decision for cessation of the right  
 
Article 215  
 
(1) Once the procedure referred to in Article 214 from this Law is carried out, the Office shall 
adopt a decision for cessation of validity of the trademark, or for refusal of the request.   
(2) A trademark shall cease to be valid starting with the date of the validity of the decision for 
cessation adopted by the Office.   
(3) A decision referred to in paragraph (1) of this Article shall be entered in the register of 
trademarks and published in the official newsletter of the Office.   
 
 
Specificities of the procedure for cessation of the trademark due to not using it  
 
Article  216 
 
(1) In a procedure following a request for cessation of a trademark because it is not used, the 
owner of the right shall be bound to prove that he uses the trademark.   
(2) A decision on cessation of the trademark because it is not used, shall not be taken if the use 
of the trademark has started or continued after expiration of the five year period in which it has 
not been used, but prior to entering the request for cessation of the validity because it has not 
been used, unless the use has started and continued in a period of three months prior to entering of the request for cessation of the trademark, once the owner of the right has been informed that 
a request shall be filed for cessation of the trademark.   
 
 
Cessation of the validity of a trademark d ue to other reasons  
 
Article 217  
 
(1) Despite the cases referred to in Article 213, the trademark shall cease to be valid and in the 
following cases:   
 
  1. if the term of protection expires and the trademark -owner fails to file, within a prescribed 
time l imit, a request for renewal of the trademark validity and pay the prescribed fee according to 
the article 154 of this law;  
2. upon a written declaration of the right -owner on waiver of the trademark, on the day following 
the day of filing the declaration t o the Office;  
3. with the lapse of the legal right -owner or upon the death of the natural right -owner 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 coming into force of th e declaration, unless the right has been 
transferred to the legal successors in title of the legal right -owner or to the heirs of the natural 
right -owner;  
4. on the basis of a court decision or act of the Office in cases provided for by this Law, from the 
date prescribed in that decision or act.  
 
Third party rights  
 
Article 218  
 
 (1) If a license, pledge or any other right of a third right -owner has been entered in to the 
trade mark register , the trademark owner  cannot renounce  his rights without written cons ent from 
the right -owner who is signatory of the license, pledge  or other right.  
 (2) If the trademark  owner  fails to pay the fee within the prescribed  time limit  and the license, 
pledge  or any other right of a third right -owner has been entered in to the t rademark register , the 
Office shall notify  that right -owner that the fee has not been paid, and that in order to keep his 
right he shall have to pay the fee within six months from the date of notification.  
(3) In case of a dispute regarding transfer of the  registered rights to a third party, if that is 
necessary for provision of those rights, the court may decide that the trademark right should be 
transferred to the right -owner holder of a license, pledge or other right until the fulfillment of the 
obligati ons. 
 
 
 
 
 
 
 Object of protection by collective mark  
 
Article 219  
 
(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  right -owners.  
 
 
 
Applicant for collective mark  
 
Article 220  
 
(1) Applicant for collective mark may be a domestic association of legal and natural right -
owners.  
(2) Under this Law and in compliance with the international conventions, which have been 
ratified by the Republic of Macedonia,  applicant for collective mark may also be a foreign legal 
right -owner.  
 
Contents of application for collective mark  
 
Article 221  
 
(1) The application for collective mark shall be accompanied by a general act or contract  for 
collective mark.  
(2) The gene ral act or contract  referred to in paragraph (1) of this Article shall contain name of 
the firm or of the applicant, name of the authority  or right -owner 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 collective 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 and consequences in case of 
infringement of the trademark right and provisions on the measures and consequences in case of 
non-following of the provisions from the general act or contract.  
 
 
Recording of the changes in the agree ment for a collective trademark  
 
Article 222  
 
(1) On request of the applicant or the owner of a collective mark, the Office shall record into the 
register any change or amendment of the agreement regulating the use of a collective mark.  
(2) The rights aris ing from a collective mark shall not be transferable and shall not be the subject 
matter of the license.   
 
 
  
 
 
Object of protection by certification mark  
 
Article 223  
 
(1) Certification mark shall protect a sign which is being used by several companies  under 
supervision of the certification mark 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 177 paragraph (4) of this Law shall not be applied on certification 
marks.  
 
Contents of application for certification mark  
 
Article 224  
 
(1) The application for certification mark shall be accompanied by rules for use of the 
certification mark containing provisions on the quality and other charact eristics of the goods or 
services, the control measures that will be used by the applicant of the certification mark and the 
sanctions he/she will be applying.  
(2) The owner of the right to certification mark may no use that mark for marking products and 
services he/she put on the market.  
 
 
 
International registration  
 
Article 225  
 
(1) The owner of the trademark, i.e. the applicant of the trademark may submit an application for 
international registration of a trademark in accordance with the Madrid Agreemen t and Madrid 
Protocol which the Republic of Macedonia has acceded to.   
(2) The provisions of this Law shall be applied for all issues which are not regulated by the 
Madrid Agreement and Madrid Protocol.   
(3) The application referred to in paragraph (1) of this Article shall be filed through the Office in 
a procedure established in a regulation adopted by the director of the Office.   
(4) For the purposes of the international registrations of trademarks, according to the Madrid 
Treaty and Madrid Protocol, the  publication of the application prescribed in Article 195 of this 
Law shall be replaced by publication of the international registration in the official newsletter of 
the World Intellectual Property Organisation.   
(5) The deadline for lodging an objection against the acknowledgement of an international 
registered trademark for the Republic of Macedonia shall start on the first day in the month 
following the month of the publication in the official newsletter of the World Intellectual 
Property Organisation i n which that trademark has been announced.   
 PART V  
 
GEOGRAPHICAL NAME  
 
Subject to protection  
 
Article 226  
 
(1) The geographical name shall be protected by an appellation of origin of the product and a 
geographical indication.  
(2) The geographical name sha ll be indicated on the products produced by natural or legal 
persons in a certain geographical area.  
 
Appellation of origin  
 
Article 227  
 
Appellation of origin shall be the geographical name of the country, region or place indicated on 
the product originat ing from that area and having quality and particular characteristics 
exclusively or mostly conditioned by the geographical environment, including the natural and 
human factors and the production, processing and preparation  which are entirely carried out i n 
the certain limited region of origin.  
Geographical indication  
 
Article 228  
 
(1) Geographical indication shall be the geographical name of the country, the region, or place 
indicated on the product having quality, reputation or other characteristics that may be essentially 
attributed to the geographical origin.  
(2) The geographical indication of a product may be protected provided that production and/or 
procedure and/or preparation of the product are carried out in a certain place of origin.  
(3) The geogra phical names that do not meet the requirements for protection as an appellation  of 
origin may be protected as geographical indications.  
 
Origin of raw materials  
 
Article 229  
 
Except for wine and other alcoholic drinks, the product may be indicated with an  appellation of 
origin even if raw materials for its production originate from wider area or out of the area of 
processing provided that:  
(1) the defined area for raw materials production is limited or if there are special conditions for 
raw materials prod uction and  
(2) the traditional method of production i.e. the human factor is crucial for the quality and special 
characteristics of the product.  
Traditional names   
Article 230  
 
As geographical name will also be considered the name that does not include a g eographical 
name of a certain country, region or place, which after long market sale has become generally 
known as a traditional name for the product originating from that territory, as well as the 
historical name of that territory referring to a definite origin of the product, that fulfils the 
requirements referred to in Article 227 i.e. Article 228 paragraph (2) of this Law.  
 
Scope of protection  
 
Article 231  
 
A geographical name may be used for marking natural products, agricultural products, industrial 
products, handicraft products and homemade handworks.  
 
Exclusion from protection  
 
Article 232  
 
A geographical indication i.e. appellation of origin may not protect the product name which:  
1) does not fulfil the requirements under  this Law;  
2) is contrary  to the law and morality ;  
3) by its content may misleading as to  the kind, origin, quality, maner of production or other 
properties of the product;  
4) is equal to the name of a plant variety  or animal breed, in case when it might mislead the 
public regar ding the geographical origin;  
5) although presents exact name of the country, region or place of product it may provokes  false 
impression to  the customer that the product originates from other country, region or place;  
6) is not protected in the country of origin or ceased to be used in the country of origin, and  
7) is identical or similar to the geographical name or trademark registered previously for 
identical or similar products, when  there is probability to mislead  the customer.  
 
Prohibiting protect ion 
 
Article 233  
 
(1) Geographical indication i.e. appellation of origin may not protect the name of place of origin 
originally used for indicating products of that place of origin, but after long market sale has 
become generic i.e. generally known for ind icating a definite kind of products.  
(2) The name of the place of origin protected by geographical indication, or an appellation of 
origin, may not become generic.  
Homonyms  
 
Article 234  
 If the names of two or more places of origin of products are identica l or almost  identical, in 
writing, the protection of  such names with geographical indication or appellation of origin shall 
be approved to all persons that meet the requirements under this Law and if these names are  
used in accordance with good business  practices as well as on the principle of equality of the  
producers at the market and truthful informing of the customer, except  if it might mislead the 
public regarding the geographical origin.  
 
International protection  
 
Article 235  
 
(1) The geographica l name i.e. already protected by geographical indication i.e. appellation of 
origin in the Republic of Macedonia, may be protected abroad on the ground of bilateral 
agreement for mutual protection or international agreements ratified by the Republic of 
Macedonia.  
(2) Application for protection out of the country may be submitted only by users of geographical 
names registered in the register of protected geographical names of the Office.  
(3) Geographical name may also be protected by a foreign natural or le gal person or a group of 
producers by registering an authorised user of the protected geographical name in case when it 
results from international agreements ratified by the Republic of Macedonia or based on bilateral 
agreements for mutual protection if so  provided in the legislation of the country of origin of that 
person.  
Initiation of procedure  
 
Article 236  
 
Procedure for geographical name protection i.e. for granting the right to use a protected 
geographical name shall be initiated by application which contains request for geographical 
name protection i.e. request for granting the right to use the protected geographical name and 
other supplements provided for  by this Law.  
Application by a foreig person  
 
Article 237  
 
When foreign person file an applicat ion, with the request for protection of a geographical name 
i.e. the request for granting of the right of usa, they shall enclose a copy of  a  certificate or other 
legal act in the official language of the country of origin, issued by the competent author ity in the 
country of origin, as an evidence that the geographical name is protected in that country i.e. that 
the right of the authorised user is granted, in accordance with the national legislation in the 
country of origin as well as a certified translat ion in Macedonian language.  
 
Uniqueness of application  
 
Article 238  
 One application may refer to protection and grand of the right to use only one geographical name 
relating to only one type of product.  
Applicant  
 
Article 239  
 
Application for protection of geographical name may be filed by:  
(1) natural or legal persons producing, on a certain geographical area, a product indicated by the 
name of  that area, and.  
2) a group of producers and manufacturers of the same products  irrespective of the compositio n 
and form of joining;  
3) state administrative body, local self -government unit and chambers interested in protection of 
geographical names in the area of their activity;  
4) foreign natural and legal persons i.e. foreign groups of producers, only if the ri ght of 
authorised user for the protected geographical name has been granted in the countries of origin 
and if they fulfil the requirements under this Law.  
 
Contents of the application  
 
Article 240  
 
(1) An application for protection of geographical name sha ll contain a request for protection of 
geographical name with a designation requesting protection with appellation of origin or with a 
geographical indication.  
(2) An application for protection of geographical name with an appellation of origin or with a 
geographical indication, besides the request for protection of geographical name, shall contain a 
study of the product i.e. to be indicated with the geographical name.  
(3) The contents and form of the application referred to in paragraph (1) of this Article , the study 
and the other components and supplements shall be prescribed in a regulation adopted by the 
director of the Office.  
Study and control  
 
Article 241  
 
(1) The study shall be prepared by an institution which fulfils the requirements provided for wi th 
a regulation adopted by the director of the Office.  
(2) The control of the special characteristics of the product may be carried out by the institution 
which has elaborated the study t, or on the request of one party, by other institution which fulfils 
the requirements provided for in a regulation adopted by the director of the Office, for which 
evidence is issued.  
(3) The institution which has elaborated the study within 90 days of protecting  the geographical 
name, should constitute a Commission for co ntrolling the quality and the special characteristics 
of the product which will be indicated with the geographical name.  
 (4) The Commission referred to in paragraph (3) of this Article shall consist of five members 
who have participated in elaborating the  study in paragraph (1) of this Article and/or other persons having knowledge in the field of the product concerned. At least one member of the 
Commission should be a producer.  
(5) The method and work of the Commission referred to in paragraph (3) of this Article shall be 
prescribed in a rulebook adopted by the institution.  
 
Change of the controlling institution  
 
Article 242  
 
(1) If the institution which has elaborated the study within the prescribed period  cannot 
constitute a commission for controlling th e quality and the special characteristics of the product, 
it shall propose another relevant institution, no later than 90 days of the date of protecting  the 
geographical name.  
(2) If the institution which has elaborated the study within the prescribed tim e limit fails to act in 
accordance with paragraph (1) of this Article, the Office shall request an opinion from 
professional institutions depending on the kind of product or from group of producers of the 
relevant product,  for a proposal of a new institut ion for product control.  
(3) If for certain reasons, the requirements for product control from the institution which has 
elaborated the study or from other institution which has performed the product control, cease to 
have effect, the provisions of paragra ph (1) and (2) of this Article shall apply.  
   
Changes in the study  
 
Article 243  
 
(1) Natural or legal persons and associations of legal and natural persons that fulfil the 
requirements provided for in Article 239 paragraph (1) items 1 and 2 of this Law an d have legal 
interest, may request amending of the study as a result of changes arising from the development 
of science and technical knowledge or because of redefining the borders of the geographical 
area.           
(2) The request for amending the study shall be submitted to the institution which has elaborated 
it or to another institution which fulfils the requirements prescribed in a regulation adopted by 
the director of the Office.  
(3) The request for amending the study should contain the reasons for t he requested changes.  
(4) The applicant should submit the amendment to the study to the Office.  
(5) As a change of the study shall also be considered the change of the institution for product 
control.  
Registries  
 
Article 244  
 
(1) The Office shall keep a Re gister of applications for protection of geographical names and a 
Register of applications for using the protected geographical names, a Register of protected 
geographical names and a Register of users of protected geographical names.  
(2) The contents and the method of keeping the registers referred to in paragraph (1) of this 
Article shall be prescribed in a regulation adopted by the director of the Office.  (3) On a written request of the persons concerned, the Office shall issue copies of documents, 
certificates and extracts from the registers.  
 
Acquisition of right  
 
Article 245  
 
(1) Protection of the name of the place of origin for products with geographical indication i.e. 
appellation of the origin shall be made by making a decision and registering the g eographical 
name of the product and the kind of the product the name in the Register of protected 
geographical names refers to.  
(2) The right to use protected geographical names shall be acquired by issuing a decision for 
protecting the right and by regist ering in the Register of users of protected geographical names.  
 
Validity of the right  
 
Article 246  
 
(1) The protection of geographical name shall be valid indefinitely.  
(2) The right of using the protected geographical name shall be valid for five years f rom the date 
of adopting the decision.  
(3) The validity of the right of use may be renewed indefinite number of times for a period of 
five years provided that the right holder in the course of the fifth year validity submits a request 
to the Office for ren ewal of  the right to use the protected geographical name.  
(4) The contents and form of the request for renewal shall be prescribed in a regulation adopted 
by the director of the Office.  
(5) The right of using the protected geographical name will be renewe d if the requirements for 
granting that right have been fulfilled, otherwise the right shall cease to have effect on the date 
following the date of expiry of the fifth year of its validity.  
 
Right of use  
 
Article 247  
 
(1) The appellation of origin shall be  a collective right and may be used exclusively by legal and 
natural persons and associations of legal and natural persons who:  
1) produce or process a product the geographical name of which is protected by an appellation of 
origin;  
2) carry out the whole process of production in a geographical area which is precisely defined in 
the study, and  
3) are registered in the register of users as users of that appellation of origin.  
(2) The geographical indication shall be a collective right and may be used by lega l and natural 
persons, who:  
1) produce a product with geographical name protected by a geographical indication;  
2) perform production and/or processing and/or preparation of the product in a geographical area  
which is precisely defined in the study and  3) are registered in the register of users as users of that geographical indication.  
 
Contents of application for usage  
 
Article 248  
 
(1) The application for granting of the right of usage shall contain:  
1) a request for granting the right to use protected geographical name;  
2) an evidence for performing  specific activity and  
3) an evidence for performed control.  
(2) The contents and form of application in paragraph (1) of this Article and the other elements 
and supplements shall be prescribed in a regulati on adopted by the director of the Office.  
 
Examination of applications  
 
Article 249  
 
(1) If the application does not contain all the necessary elements and supplements in accordance 
with this Law and the regulation adopted by the director of the Office, th e Office shall advise the 
applicant within 30 days from the date of receipt of the notification to correct the determined 
shortcomings.  
(2) Upon elaborated request by the applicant, for justified reasons, the time limit in paragraph (1) 
of this Article may  be prolonged for another 30 days at the latest.  
(3)  If the applicant fails to correct the application within the defined time limit or to pay the 
costs for correcting the application, the Office, by a decision, shall reject the application for 
protectio n of the geographical name i.e. the application for granting the right to use the protected 
geographical name.  
Compliance with requirements  
 
Article 250  
If in compliance with this Law and the regulation adopted by the director of the Office, the 
Office con firms that the application is correct, the application shall be further examined in order 
to check if it fulfils the requirements prescribed by law for protection of geographical name, i.e. 
for granting the right of authorised user.  
 
Procedure on the appli cation and deciding  
 
Article 251  
 
(1) If the Office determines that the application does not meet the requirements for protection of 
the geographical name i.e. for granting the right of authorised user of protected geographical 
name, it shall, in writing, inform the applicant of the reasons for not protecting the geographical 
name i.e. granting the right of authorised user and will call the applicant within 90 days from the 
date of receiving the notification to explain the reasons.  
(2) Upon elaborated reque st from the applicant, for justified reasons, the time limit in paragraph 
(1) of this Article may be renewed for another 90 days at the latest.  (3) If the applicant within the prescribed time limit provides no explanation at all or provides an 
explanation , and the Office determines that the geographical name cannot be protected i.e.  the 
right of authorised user of the protected geographical name cannot be granted, it shall, by a 
decision, reject the application for protection of geographical name i.e. the  application for 
granting the right of authorised user of the geographical name.  
(4) If in the case referred to in paragraph (3) of this Article there is an application for protection 
of geographical name with appellation of origin which fulfils the requir ements to be protected by 
geographical indication, the Office shall inform the applicant and, with his consent, shall protect 
the geographical name by a geographical indication.  
 
Granting decision  
 
Article 252  
 
(1) If the application for protection of geog raphical name fulfils the requirements provided for in 
this Law, the Office shall make a decision for protection of geographical name and shall register 
it in the register of protected geographical names.  
(2) If the application for granting the right of au thorised user of the geographical name fulfils the 
requirements provided for in this Law, the Office shall advise the applicant, within 30 days to 
pay the fee for granting the right of authorised user of geographical name for the first five years, 
the cost s for publishing of the information for the granted right to use the protected geographical 
name, as well as for issuing certificate and to submit an evidence for the  services performed.  
(3) If the applicant does not submit evidence for the payments, the Office by a decision shall 
reject the application for granting the right of authorised user of the protected geographical 
name.  
Entry into registers  
 
Article 253  
 
If the applicant submits evidence for the payments in Article 252, paragraph (2) of this Law,  the 
Office shall make a decision for granting the right of authorised user and shall register it in the 
register of users of protected geographical names and in the register for protected geographical 
names.  
Publication of  the protected geographical name  
 
Article 254  
 
(1) The publishing of a protected geographical name in the official newsletter of the Office shall 
be made ex officio.  
(2) The data about the protected geographical name published in the official newsletter shall be 
prescribed in a regulatio n adopted by the director of the Office.  
 
Publishing of information for authorised user  
 
Article 255  
 (1) After the payment for the costs of publishing by the holder of the right for authorised user, 
the Office shall publish the information for granting th e right of authorised user in the newsletter.  
(2) The data for the granted right of an authorised user published in the official newsletter shall 
be prescribed in a regulation adopted by the director of the Office.  
 
Certificate  
 
Article 256  
(1) The Office shall issue the authorised user of protected geographical name a certificatefor 
granted right of authorised user within six months from the date taking the decision.  
(2) The content of the certificate referred to in paragraph (1) of this Article shall be p rescribed in 
a regulation adopted by the director of the Office.  
 
Rights of the user  
Article 257  
 
(1) The user of protected geographical name shall have the right to use it for indicating  
exclusively that kind of product which has been registered into the  Register of protected 
geographical names of the Office.  
(2) The right of use shall also refer to the usage of the protected geographical name on the 
packing, advertising materials, business identification documents and other business 
documentation, as we ll as import and export of products indicated by  a geographical name.  
(3) Authorised users of protected geographical name shall have the exclusive right to indicate 
their products by ,, Appellation of origin controlled” if authorised for using an appellat ion of 
origin or  “Geographical indication controlled,” if authorised for using geographical indication.  
Non-assignment  
Article 258  
(1) The right to use protected geographical name may not be assigned, derogated or given in 
pawn by an agreement.  
(2) If th e protected geographical name is a subject of previously applied or registered trademark, 
such trademark may not be assigned, derogated or given in pawn.  
 
Prohibition  
 
Article 259  
 
(1) The users of the geographical names may  request prohibition of:  
(1) di rect or indirect unauthorised use of protected geographical name for equal or similar 
products for acquiring proprietary benefit;  
2) marking the products not originating from the place of origin indicated by the protected 
geographical name even  when  real  origin is indicated, its translation used or when used 
associated with additional expressions, like ”style”, “type”, “by method”, “as produced in”, 
“imitation”, etc.  
3) any kind of use of  the protected geographical name which harms the reputation or mis uses the 
reputation of the protected geographical name;  4) any kind of use of false information that might mislead the consumer regarding the 
geographical origin, quality or properties of the product, and is put on the packing, business 
identification docu ments or other documents, which makes wrong impression for the real origin, 
and 
5) each other application which might mislead the consumer regarding the geographical origin of 
the product.  
(2) If the protected geographical name besides the geographical ter m contains a generic term, the 
application of that generic term on appropriate products shall not be subject to the ban referred to 
in paragraph (1), item 1 and 2 of this Article.  
 
Free use  
 
Article 260  
 
(1) The authorised users of protected geographical n ames may not request prohibition due to 
infringement of the right when the geographical name is used for notification and education of 
the public in a way which is not harmful to their interests.  
(2) The use of geographical names for the purposes of paragr aph (1) of this Article shall be made 
without compensation.  
Changes in the register  
Article 261  
(1) On the written request of natural and legal persons and their associations which meet the 
requirements provided for in Article 242, item 1 of this Law, the Office shall register the changes 
in the register for protected geographical names, resulting from the amendments of the study..  
(2) On a written request of the applicant or the authorised user of protected geographical name, 
the Office shall register, in the appropriate register, all changes  in accordance with the granted 
right of authorised user which resulted after submitting the application or after granting of the 
right, provided that  these are in compliance with the real situation.  
(3) If the reques t refers to significant changes in the scope of production, the evidence referred to 
in Article 241, paragraph (2) and (3) of this Law shall also be submitted  with the request, with 
no more than six months validity.  
(4) If the changes refer to information  about a new control institution, the Office may register 
these officially.  
(5) The changes registered in the Register of protected geographical names and the Register of 
authorised users shall be published in the official newsletter of the Office.  
(6) The  contents and form of the request for registering the changes shall be prescribed in a 
regulation adopted by the director of the Office.  
 
Conditions for revocation of the right to use  
 
Article 262  
 
The decision for granting the right of using the protected  geographical name may be revoked if it 
is determined that the requirements for granting the right to use the protected geographical name  
ceased to have effect as provided for in this law. In the procedure, on request for revoking the 
decision for grantin g of the right for using protected geographical name, the authorised user of the protected geographical name shall be bound to prove that there are requirements for granting 
of the right.  
Request for revoking the decision  
 
Article 263  
 
(1) The decision for  granting the right of using the protected geographical name may be  revoked 
ex officio, or on the request of an interested entity or association in accordance with Article 239, 
paragraph (1), item 2 as well as on a proposal from the public prosecutor.  
(2) The request for revoking a decision in paragraph (1) of this Article shall be submitted in 
writing to the Office.  
(3) The applicant shall be bound to attach to the request referred to in paragraph (2) of this 
Article the necessary evidences.  
(4) The Offic e shall within fifteen days from the receipt of the request, to forward it to the holder 
of the right to use, and to invite  him to declare himself thereon within thirty days from the date 
of receiving the notification.  
(5) The contents of the request for revoking the decision referred to in paragraph (1) of this 
Article shall be prescribed in a regulation adopted by the director of the Office.  
 
Continuing the procedure for revoking the decision  
 
Article 264  
 
(1) If the submitter of the request for revoking  the decision for granting the right to use a 
protected geographical name during the procedure renounces the request, the Office may 
continue the procedure ex officio.  
(2) The right to use protected geographical name shall cease to have effect for the pers on 
registered as an authorised user in the appropriate registers the day following the date of the 
effective decision for revoking that right.  
 
PART   VI  
 
PROLONGATION OF THE PROCEDURE AND RETURNING TO THE PREVIOUS STATE  
 
Prolongation of the procedure  
 
Article 265  
 
(1) If the applicant has failed to perform some activity in the procedure of the Office within the 
set time limit and so may lose a definite right from the application or acknowledged right, he 
may submit a request for prolongation of the procedu re. 
(2) The Office shall allow prolongation of the procedure if the applicant:  
1) submits a request for prolongation of the procedure, performs the missed activities and 
attaches all submissions within the prescribed time limit; and  
2) pays all fees and co sts in the procedure  in accordance  with Article 24 of this Law;  (3) For the request for prolongation of the procedure, an appropriate administration fee shall be 
paid.  
Time limit to submit request for prolongation of procedure  
 
Article 266  
 
(1) A request  for prolongation of the procedure may be submitted within two months from the 
date when the submitter has learned about the consequences in Article 265 of this Law.  
(2) After the expiry  of six months from the date of omission, prolongation of the procedur e may 
not be requested.  
(3) If missed activities are not performed within the time limit referred to in paragraph (1) of this  
Article or fees and costs of the procedure in Article 24 of this Law are not paid, the Office shall 
make a conclusion for stoppin g the procedure.  
 
When prolongation of procedure cannot be requested  
 
Article 267  
 
Request for prolongation of procedure may be submitted if the following time limits are missed:  
1)  in Articles 265 and 266 of this Law;  
2) for submitting a request in Artic le 52, paragraph (2) of this Law;  
3) for submitting a proposal in Articles 268 and 269 of this Law;  
4) for all procedures within the Office in which more parties participate.  
 
 
 
 
 
Returning to the previous state  
 
Article 268  
 
(1) The applicant or the holde r of rights shall be allowed returning to the previous state, if in 
spite of the due attention, he has missed the time limit determined in this Law to perform some 
activity in the procedure within the Office for which would lose some right, if:  
1)  he subm its a proposal for returning to the previous state and  performs all missed activities 
within the set time limit,  
2) he indicates the circumstances that  prevented him to perform the missed activity within the 
defined time limit;  
3) he pays the fees and co sts in accordance with Article 24 of this Law.  
(2) For the request for returning to the previous state, an appropriate administration fee shall be 
paid.  
 
Time limit to submit proposal for returning to previous state  
 
Article 269   
(1) The proposal for retur ning to the previous state shall be submitted within three months 
starting from the date when the reason for the omission ceased, and if the submitter found out the 
omission later, then from the date when he has learned about it.  
(2) On the expiration of o ne year from the date of omission, returning to a previous state may not 
be requested.  
(3) If time limit omission refers to payment of fees referred to in Article 24, paragraph (3) of this 
Law, that time limit shall be taken into account within time limit in paragraph (3) of this Article.  
 
When returning to previous state may not be requested  
 
Article 270  
 
(1) Returning to a previous state may not be requested due to omission of time limits for the 
following activities:  
1) submitting a proposal as referred to in Articles 268 and 269, paragraph(1) of this Law;  
2) submitting a request for prolongation of the procedure referred to in Articles 265 and 266 of 
this Law;  
3) submission of one of the requests referred to in Article 52 of this Law;  
4)  submitting an o bjection referred to in Articles 156 and 197 of this Law;  
5) submitting  a request for prolongation of time limits laid down  by this Law;  
6) submitting of translation referred to in Articles 18 paragraph 4, 122  paragraph 2 and 3 of this 
Law;  
7) for all p rocedures within the Office in which more parties participate.  
(2) Each person, using in good faith or making serious preparations for using the invention which 
is subject of the patent application or a patent, in the period between losing the right referr ed to 
in Article 265 paragraph (1) of this Law and publishing the decision information for returning to 
a previous state of the appropriate register, may without compensation for damages, continue 
with such use for the objectives of his work and the needs related to that work.  
 
PART VII  
 
ASSIGNMENT OF THE INDUSTRIAL PROPERTY RIGHTS  
 
Assignment agreement  
 
Article 271  
 
(1) The industrial property right applicant and the holder of the right, by agreement in its entirety 
or partly, may assign his right under th e stipulations  provided for in this Law or other 
regulations.  
(2) The assignment agreement of the right must be composed in writing and the signatures of the 
contracting parties certified by notary public.  
(3) The agreement referred to in paragraph (2) of  this Article on request of one contracting party 
shall be registered in an appropriate register kept in the Office;  (4) The agreement referred to in paragraph (2) of this Article which is not composed in writing 
and not certified by notary public shall no t provide legal effect.  
(5) The agreement on assignment of right not registered in the appropriate register of the Office 
shall not provide legal effect against third parties.  
 
License agreement  
 
Article 272  
 
(1) The applicant of an industrial property rig ht and the holder of the right may, by licence 
agreement, assign that right under the stipulations provided for in this Law or other regulations.  
(2) The licence agreement must be composed in writing.  
(3) If more persons have submitted a patent application  or if the patent holders are more entities, 
the consent of all these persons shall be necessary for concluding the licence agreement  
(4) If there is no consent for concluding a licence agreement referred to in paragraph (3) of this 
Article, the rules of property shall apply for assigning the right to usage.  
(5) The licence agreement which is not composed in writing shall not provide legal effect.  
(6) The licence agreement on request of one of the contracting parties shall be registered in an 
appropriate r egister kept in the Office.  
(7) The licence agreement not registered in the appropriate register of the Office shall not 
provide effect against third parties.  
 
 
Void license agreement  
 
Article 273  
 
 
Each provision of the licence agreement that sets limitat ions to the licence user which do not 
result from the right  being subject of  the agreement or which is not necessary for keeping that 
right, or if it is contrary to the  regulations for limiting the competition shall be void.  
 
Application of the Law on O bligations  
Article 274  
 
For the agreements referred to in Articles 271 and 272 of this Law, despite the provisions of this 
Law, the Law on Obligations shall apply.  
PART VIII  
 
ANNOUNCEMENT OF THE DECISION TO RECOGNISE INDUSTRIAL PROPERTY  
RIGHTS AS VOID  
 
Article 275  
 
The Decision for recognising the industrial property rights shall be announced void if found that 
there were no conditions provided for in Article 25, paragraph (3), Article27, paragraph (3), Article 30, Article 74, Article 132, Article 133, Art icle 177, Article 178, Article 232 and Article 
233, paragraph(1) of this Law, for recognising this right.  
Proposal procedure  
Article 276  
(1) The decision for recognising the right may be announced void permanently during the time of 
protection ex officio or if proposed by the party concerned.  
(2) By way of derogation from paragraph (1) of this Article, the proposal for announcing void 
decision for recognising the right of trademark may not be submitted by a holder of the earlier 
registered trademark, if du ring five subsequent years prior to submitting the proposal he was 
aware of the utilisation of the later trademark.    
(3) The proposal for announcing a decision as void shall be submitted to the Office in writing.  
(4) The submitter shall be bound to submi t all the evidence required to the proposal of paragraph 
(2) of this Article.  
(5) The Office shall be bound within 15 days upon receipt of the proposal to submit the proposal 
to the holder of the right and invite him to provide an opinion  within 60 days f rom the date of 
receiving the notice at the latest.  
 
 
 
 
Decision upon proposal  
 
Article 277  
 
The decision announcing as void the decision for recognising the industrial property right shall 
be registered in the appropriate Register and published in the of ficial newsletter of the Office.  
Proposal cancellation  
Article 278  
 
The Office may continue the procedure ex officio if the submitter of the proposal during the 
procedure renounces his proposal to announce void the decision for recognising the right.    
 
PART IX  
 
REPRESENTATION  
 
Individuals who may represent  
 
Article 279  
 
(1) In the actions to protect the industrial property rights, representation of parties with the Office 
may be made by natural and legal persons registered in the Register maintained by t he Office as 
follows:  
1) Natural person who:  
- is a citizen of the Republic of Macedonia;  
- has registered to perform representation in the field of industrial property;  - has graduated at Law School, one of the technical faculties and Faculty of Pharmacy;  
- has passed the specialised exam in accordance with the provision of this Law; and  
- has knowledge of at least one of the official languages of the organisations in this area inhere 
Republic of Macedonia is a member state;  
2) a lawyer registered in the Bar Association of the Republic of Macedonia who fulfils the 
conditions of item 1 of this paragraph and lawyers’ association or lawyers’ office registered in 
the Bar Association of the Republic of Macedonia that has employed an individual who fulfils 
the c onditions of item 1 of this paragraph;  
3) Legal person:  
- that has a registered office in the Republic of Macedonia;  
- that is registered for representation in the area of industrial property protection;  
- has employed at least one individual who fulfils the conditions of item 1 of this paragraph.  
(2) The representation of paragraph (1) of this Article may be made by representative coming 
from another country under conditions of reciprocity, provided that:  
- he is a representative in his own country;  
- has speaks Macedonian.  
 
 
Specialised exam  
 
Article 280  
 
(1) The specialised exam referred to in Article 279 paragraph (1) item 1 indent 1 of this Law 
shall check the knowledge of the candidates in the field of industrial property;  
(2) The specialised exam sha ll be passed in the Office.  
(3) The specialised exam shall be held at least once a year.  
(4) The specialised exam shall be passed in writing and verbally.  
(5) Individuals who passed the specialised exam for representatives shall be registered in the 
Offic e. 
(6) The content and programme of the specialised exam, the content of the application form for 
passing the specialised exam, the procedure for carrying out the specialised exam and the 
correction exam, as well as the content of the records of people who  passed the exam shall be set 
by a regulation approved by the director of the Office.  
 
Examination Board  
 
Article 281  
 
(1) The technical exam shall be passed in front of an Examination Board consisting of: the 
President, four members, their deputies and a secretary.  
(2) The President, the members, the deputies and the secretary of the Examination Board shall be 
appointed and dismissed by a decision by the Director of the Board and their mandate shall be 
for three years, and following the date of expiry of t his period, the members may be reappointed 
for another three year mandate.  
(3) The Decision for appointing members and deputies of the Examination Board shall also 
define the subjects that they will carry their lectures and the exam for.  (4) The Presiden t and the members of the Examination Board may only be individuals that have 
scientific and technical knowledge in the field.  
(5) The President, the members and the secretary of the Examination Board shall be paid 
compensation for their work in the Examina tion Board and the amount shall be defined by the 
director of the Office and should cover the actual working costs of the Examination Board on the 
basis of number of applicants attending the lectures i.e. passing the exam, number of lectures, 
number of exa ms carried out both in writing and verbally.    
 
Acquiring the right to perform representation activities  
Article 282  
 
The right to perform representation activities before the Office shall be acquired on the date of 
registration in the Register of Represe ntatives.  
 
Registration in the Register  
 
Article 283  
 
(1) The procedure for registration in the Register of Representatives shall be taken by submitting 
a request for registration in the Register of Representatives.  
(2) Enclosed to the request for registr ation in the Representatives Register they shall submit 
supporting documentation for fulfilling the conditions with regard to registration referred to in 
Article 279 paragraph (2) and (3) of this Law.  
(3) Documentation evidencing the legal ground for fulfi lling the conditions for registration in the 
Register of Representatives shall be communicated in original or verified copy, fully or only 
partially clearly showing that the legal ground has been fulfilled.  
(4) The content and form of the request for regis tration in the Register of Representatives, the 
procedure with regard to registration in the Register of Representatives and the supporting 
documentation of paragraph (2) of this Article, shall be laid down by a regulation by the director 
of the Office.   
Renewal of registration in Register  
 
Article 284  
 
(1) The registration in the Register of Representatives shall be renewed prior to the expiry date of 
one year from the date of registration i.e. from the registration renewal date in the Register.  
(2) The c ontents, the form as well as the procedure upon the request for renewal of registration in 
the Register of Representatives shall be laid down by a regulation by director of the Office.  
 
 
 
Administrative fees and costs of the representation procedure  
Artic le 285  
 
 (1) Administrative fees shall be paid for registration in the Register of Representatives, for 
renewal of registration in the Register of Representatives, at the re -registration in the Register, 
for the changes in the Register and for issuing cert ificates.  
(2) Costs shall be paid for carrying out exam for representatives, for the correction exam and for 
the publishing in the official newsletter of the Office.  
(3) The amount of the administrative fees or costs shall be stipulated by the Law on 
Admin istrative Fees and the Tariff of the Office.  
 
Register of Representatives  
 
Article 286  
 
(1) The Office shall maintain the Register of Representatives.  
 
(2) The content of the Register of Representatives shall be laid down by a regulation by the 
director  
 
Deleting from the Register  
 
Article 287  
 
(1) A Representative shall be deleted from the Register of Representatives:  
1) If registration renewal in the Register of Representatives is not requested within the time 
period set in the Article 284 of this Law;  
2) If he submits a request for deleting from the Register;  
3) If by court decision he is forbidden to perform representation activities;  
4) If he fails to submit evidence for fulfilling the conditions for registration renewal in the 
Register;  
5) Natural per son shall be deleted from the Register of Representatives in case of death and if 
losing his business capacity;  
6) If the citizenship of the Republic of Macedonia is lost;  
7) Legal person shall be deleted from the Register of Representatives through the c essation of the 
legal person;  
8) If he has no registered office in the territory of Republic of Macedonia any more;  
(2) If the conditions for deleting from the Register of Representatives referred to in paragraph (1) 
this Article are fulfilled, the Office shall adopt a decision for deletion from the Register of 
Representatives.  
(3) In the office newsletter the information for deleting the representatives from the Register of 
Representatives shall be published ex officio.  
 
Re-registration in the Register of  Representatives  
 
Article 288  
 
 A representative who was once deleted from the Register of Representatives may again submit a 
request for registration and during each re -registration in the Register of Representatives shall 
get new reference number and sha ll submit the same evidence as for the registration in the 
Register  
 
 
Registration of changes in the Register of Representatives  
 
Article 289  
 
(1) In the Register of Representatives all later changes of the address of the physical entity, or 
registered off ice of the legal person, changes in the List of Employees meeting the conditions for 
representation with legal persons, cessation of representation business and other amendments 
with natural and legal persons shall be registered.  
(2) The contents, the for m as well as the procedure upon the request for entering changes in the 
Register of Representatives shall be laid down by a regulation adopted by the director of the 
Office.  
 
Publication of information in the official newsletter  
 
Article 290  
 
(1) In the O ffice’s official newsletter, following the payment of appropriate fees and costs, the 
following information shall be published:  
1) the registration in the Register of Representatives;  
2) the registration of changes in the Register of Representatives;  
3) the deletion from the Register of Representatives.  
2) Extract from the Register of Representatives shall be published once per year, in the first 
number of the Office’s newsletter ex officio.  
 
PART X  
 
JUDICIAL PROTECTION  
 
INFRINGEMENT OF RIGHTS  
 
Achievement of protection of right  
 
Article 291  
 
(1) The person whose right acquired with this Law is infringed, shall be entitled to protection of 
the right by submitting a lawsuit to the Court which is competent to settle disputes regarding 
industrial property right s.  
(2) Infringement of the registered and recognised rights laid down with this Law shall be deemed 
any unauthorised use, availability, restriction, imitation, association, rights harassment and the 
like contrary to the provisions of this Law.  (3) Imitat ion, within the meaning of paragraph (2) of this Law shall be deemed if the average 
consumer of goods or services, regardless of the type of products, may notice the difference only 
if he pays special attention, or if the trademark is for the translation o r transcript i.e. 
transliteration.  
Person authorised for protection  
 
Article 292  
 
Lawsuit for achieving the protection of right referred to in Article 291, paragraph (1) of this Law 
may be submitted by:  
- the submitter of the application for protection of  right;  
- the holder of the right;  
- the licensee of the exclusive license, in scope in which he acquired the right to use, on the basis 
of a legal matter or law;  
- the authorised user of geographical indication i.e. indication of the origin of the produc t; and  
- the authorised user of a group and certified trademark.  
Solidarity of the parties  
Article 293  
When any right defined by this Law is infringed, each of the holders of that right may in respect 
of any third party demand protection of the right as he  was a single holder. When a person 
violating the right fulfils the requirements of one of the holders of the same right, its obligation 
towards the other holders of the right shall cease as well. In case of ongoing legal proceeding, the 
holders of the sam e right shall be deemed as the only co -participants in the litigation.   
 
Content of the lawsuit  
Article 294  
(1) The person whose right shall be infringed may, with a lawsuit demand from the court:  
1) to determine if there is violation of the right;  
2) to ban the actions set in the lawsuit that are violating the right;  
3) to claim reimbursement occurred by violation of rights intentionally or by negligence;  
4) to confiscate or destroy the products produced or in circulation by violation of the right and 
assets used for their production;  
5) the defendant to provide information about the identity of third parties involved in production 
and distribution of goods or services violating the rights, as well as about their distribution 
channels;  
6) to submit the doc umentation and the data of the person violating the right;  
7) civil punishment;  
8) publication of the verdict on the expense of the defendant; and  
9) Other requirements.  
Time limit for lodging lawsuit  
Article 295  
Lawsuit for violation of rights laid down by this Law may be lodged within three years from the 
date when the plaintiff become aware of the violation and the perpetrator, however not later than 
five years from the date of the violation.  
Urgency of procedure  
Article 296  (1) The procedure on the law suit for violation of the rights, the denial of rights, interim measures 
and other security measures  laid down with this Law, shall be urgent.  
(2) The regulations for litigation i.e. for securing the claims shall apply on the procedures for 
protection of rights.  
Termination of the proceeding  
 
Article 297  
 
(1) The court may terminate the procedure due to violation of the right of filed patent, industrial 
design, trademark and use of geographical indication i.e. appellation of product origin, until a 
decisio n for recognising the appropriate right is adopted by the Office.  
(2) The plaintiff shall be bound to submit appropriate written evidence in accordance with 
Article 62, paragraph (6) of this Law and it should be attached to the lawsuit concerning the 
viola tion of the patent right.  
(3)The court may set out the time limit for providing the evidence referred to in paragraph (2) of 
this Law.  
(4) If the evidence referred to in paragraph (3) of this Law is not submitted within the time 
period defined by the cour t, the lawsuit shall be rejected.  
(5) Paragraphs (2), (3) and (4) of this Article shall be applied on the published European 
application forms in EPO for the use of the invention during the period from the publication of 
the European application form to th e time of recognition of the European patent, as well as of the 
European patent registered in the Register of the Office, starting on the date the EPO published 
the recognition in accordance with EPC.  
 
Determination and cessation of the violation  
 
Article 298 
 
(1) Against individuals that have, in unauthorised manner, taken actions violating the rights 
acquired pursuant to this Law, it shall be demanded by a lawsuit to determine the violation, to 
cease the violation and to ban further violations of that typ e or similar ones.  
(2) When specific actions cause serious threat for violation of the rights acquired pursuant to this 
Law; it shall be demanded by a lawsuit to cease these actions and ban the violation of the right.  
(3) The lawsuit referred to in paragra phs (1) and (2) of this Law may be lodged against the 
persons that when performing their business activity provide services used by entities that violate 
the rights i.e. that seriously threat to violate the rights.  
 
Reimbursement of damages, regular compe nsation and benefit gained groundless  
 
Article 299  
 
(1) The person who shall violate the industrial property rights regulated by this law shall be 
responsible for the loss according to the general rules for reimbursement of damages of the Law 
on Obligation s. 
(2) In the lawsuit, payment of reimbursement may be requested, to the amount that, depending 
on the circumstances, may be demanded from the License Agreement if there is any.  (3) The person who without legal basis, court decision or law, in an unauthor ised manner 
undertakes certain actions that violate the right acquired on the basis of this Law and gained with 
a specific benefit, may by a lawsuit be demanded to recover or reimburse that benefit, in 
accordance with the general rules for groundless gaini ng of the Law on Obligations.  
(4) The requirements referred to in paragraphs (1), (2), and (3) of this Article shall not be 
exclusive. In case when the requirements referred to in paragraphs (1), (2), and (3) are 
cumulatively set, the court shall proceed i n accordance with the general rules of the Law on 
Obligations.  
 
Confiscation and destruction of objects  
 
Article 300  
 
(1) It may be demanded by a lawsuit to withdraw from the market, to confiscate or to destroy the 
products produced or supplied by violati ng the rights acquired on the basis of this Law, as well 
as the means mainly used for such products.  
(2) The court shall decide the measures referred to in paragraph (1) of this Article to be borne by 
the defendant, unless there are special reasons for not  making such a decision.  
(3) In case of defining the measure referred to in paragraph (1) of this Article, the court shall take 
care that the measure is proportional to the degree of the committed violation.  
 
Alternative measures  
 
Article 301  
 
(1) The com petent court, on the request of the defendant, may determine payment of cash 
compensation to the damaged party as an alternative measure, instead of applying the measures 
for withdrawal from the commercial channels and finally removal from the commercial c hannels 
and measures for destruction, payment of money claims to the damaged party.  
(2) The court may define the measure referred to in paragraph (1) of this Article if the person 
was acting unintentionally and without negligence, and if the implementation  of the relevant 
measures would have caused him disproportional damage and if the damaged party is satisfied 
with the cash compensation.  
Delivery of information  
 
Article 302  
 
(1) In the procedure for violation of the right, the plaintiff may demand informa tion about the 
origin and distribution channels of the movement of goods and services the violation is made by.  
(2) The lawsuit or interim measure referred to in paragraph (1) of this Article may be submitted 
against:  
1) the person sued in the procedure f or violation of the right of this Law;  
2) the persons who while performing business activities possess goods or provide services 
suspected to violate the right of this Law;  
3) the persons who while performing business activities provide services used in th e actions of 
other entities suspected to violate the right of this Law; and  4) the persons who by any of the persons referred to in paragraph (2), item 1, 2 and 3 of this 
Article are specified as participants in the production or distribution of goods or p roviding 
services suspected to violate the right of this Law.   
(3) The request referred to in paragraph (1) of this Article may be submitted as a first request 
within lawsuit with several lawsuit requests, if the person the lawsuit has been lodged against , is 
in the main request as well.  
(4) The request for information about the origin of goods and distribution channels of the goods 
and services referred to in paragraph (1) of this Article may cover particularly:  
1) information about the names and addresse s of the manufacturers and distributors, suppliers 
and other previous holders of goods or service providers, as well as retail and wholesale vendors 
this goods is intended for; and  
2) information about the quantity of the manufactured, processed, delivere d, received or ordered 
goods or service, as well as the prices achieved.  
(5) The person to whom the request for information is delivered may reject to provide the data 
for the same reasons for which according to the rules of the Law on Civil  Procedure a t estimonial 
may be rejected. If rejecting to provide information without any justified reason, the person shall 
be responsible for the damage in accordance with the Law on Obligations.  
(6) The provisions of this Article shall have no impact on the implement ation of the provisions of 
the regulations on the manner of using confidential information in the civil and criminal 
proceedings, the regulations regulating the responsibilities for misuse of rights to obtain 
information and of the regulations regulating t he processing and protection of personal 
information.  
(7) The provisions of this Article shall not apply to Article 314 of this Law regulating the 
provision of evidence.  
Civil punishment  
Article 303  
(1) When violating the rights acquired on the basis of th is Law, if intentionally or with ultimate 
negligence, the holder of the right may ask for payment of the regular compensation increased to 
200%, irrespective if due to the violation he has suffered property loss to this amount.  
(2) When deciding upon the r equest for paying the punishment of paragraph (1) of this Article, 
and estimation of its amount, the Court shall take into consideration all the circumstances of the 
case especially the level of guilt of the defendant, the amount, the regular reimbursement  as well 
as the preventive aim of the punishment.  
(3) If the property loss is higher than the punishment, the holder of the right shall be entitled to 
demand the difference up to full reimbursement.  
Publication of the verdict  
 
Article 304  
 
The plaintiff m ay request legally effective verdict by which even partially shall accept the 
lawsuit to be published in the media at the defendant’s expense. The court, within the frames of 
the lawsuit request, shall decide in which medium the verdict will be published a s well as 
whether to publish the verdict fully or partially. In case the court decides to announce only part 
of the verdict, then at least the purview shall be published and, if necessary, the part of the 
verdict showing clearly the type of the violation a nd the person that made the violation of the 
right.   
Publication of the patent holder i.e. the industrial design  
 
Article 305  
 
The inventor or the author, his successor or other legal successor may by lawsuit to the 
authorised court request the court duri ng the whole time of the patent i.e. the industrial design to 
pronounce him as the holder of the patent i.e. the industrial design, if the patent i.e. the industrial 
design is issued under the name of a person who is not the inventor or author, his success or or 
other legal successor.  
 
Dispute for recognition of the inventor i.e. the author  
 
Article 306  
 
(1) The inventor of the patent or the author of the industrial design may by lawsuit to the 
authorised court request to be specified in the application and all the other documents.  
(2) Following the death of the inventor or the author referred to in paragraph (1) of this Article, 
the right for lawsuit shall be assigned to their successors.  
 
Time limit to lodge lawsuit  
 
Article 307  
 
The lawsuit referred to in  Article 306 of this Law may be lodged from the date of filing the 
application form as well as during the whole time of validity of the patent i.e. the industrial 
design.  
 
Disputing the trademark right  
 
Article 308  
 
(1) The legal or natural person may, thr ough a lawsuit, ask the court to establish whether the sign 
used in circulation for marking the goods or services is identical or similar to the trademark used 
by other legal or natural person for marking their goods or services of the same or similar kind  
and that this sign was well known within the meaning of Article 6 bis of the Paris Convention as 
a sign of the goods or services of the plaintiff before the defendant submits the trademark 
application.   
(2) A plaintiff may claim the court to pronounce hi m a holder of trademark.  
(3) The lawsuit referred to in paragraph (1) of this Article shall not be accepted by the court if 
the defendant or the holder of the trademark proves that before the submission of the application 
he had used the disputable sign f or the same or similar kind of goods or services for the same or 
longer period than the plaintiff.  
(4) The lawsuit referred to in paragraph (1) of this Article may not be lodged after the expiry of 
five years from the date of registration of the trademark in the trademark register.  
  
Other cases of disputing the trademark right  
 
Article 309  
 
The person who during the time of filing the application for recognition of the right to trademark 
or company i.e. name identical to the trademark of another person, ma y dispute this trademark 
for the same or similar kind of goods or services unless the holder of the trademark who was 
aware at the time the application was submitted, had the same company or name.  
 
Registration in the Register  
 
Article 310  
 
(1) Within 90 days of the date of submitting of the legally effective verdict accepting the lawsuit, 
the plaintiff may request to be registered in the relevant Register as a holder of appropriate right 
and to be issued the appropriate document by the Office.  
(2) If the person whose lawsuit has been accepted within the time limit referred to in paragraph 
(1) of this Article, does not submit a request to be registered in the relevant Register as holder of 
the recognised right, the recognised right shall be deleted from the  relevant Register.  
 
Rights of third parties  
Article 311  
 
The rights the third party has acquired from the former holder of the rights shall be valid for the 
new holder of the rights as well if they were registered in the relevant Register or were duly 
reported for registration prior to the commencement of the dispute.  
 
Application of the provisions for violation of the rights  
 
Article 312  
 
During the procedures for disputing the rights, the provisions for violation of the rights and 
measures for security o f this Law shall be applied appropriately.  
 
Interim measures  
Article 313  
 
(1)The person who may lodge a lawsuit for violation of the rights laid down with this Law, if he 
provides evidence that will prove that his right has been violated or will be violate d, the court 
upon his proposal, may determine interim measures to secure his requests as follows:  
- ban all actions of violation and their continuation;  
- confiscate, remove from circulation and keep samples, means, equipment and related 
documents; and  
- adopt other similar measures.  
 (2) Upon the plaintiff’s request, in case evidence is provided for proving that his right is violated 
or shall be violated while performing business activities for to the purpose of gaining financial 
benefit and such violati on may cause irreparable harm, in addition to the interim measures 
referred to in paragraph (1) of this Article, the court may set as a guarantee the confiscation of 
movable and immovable assets owned by the defendant and assets that is not directly relate d to 
the violation, as well as a ban for availability of finances on the accounts within the financial 
institutions and availability of other property.   
(3) For the purpose of defining and implementing the measures referred to in paragraph (2) of 
this Art icle, the court may request, from the possible violator or from the other persons, a 
provision of economic data or access to other necessary information and documentation. The 
court shall be authorised to secure keeping the confidentiality of this informat ion as well as to 
ban their misuse.   
(4) The interim measure referred to in paragraph (1) of this Article may also be pronounced 
without notifying the possible violator if the one proposing the guarantee proves that other 
interim measure will not be effec tive or that there is a risk to make irreparable harm.   
(5) The interim measure of paragraph (2) of this Article may be pronounced without notifying 
the possible violator if the one proposing the guarantee proves that other interim measure will 
not be eff ective or that that is necessary taking into consideration the serious circumstances of 
the violation.  
(6) If the interim measure is pronounced without notifying the possible violator, the court shall 
forward the decision for interim measure to the possib le violator immediately following its 
implementation.  
(7) The Court shall determine the time period of this measure within the decision for interim 
measure. In case the measure is determined prior to the submitting of the lawsuit, the time limit 
within whi ch the one proposing the guarantee must submit a lawsuit for proving the justification 
of these measures may not be longer than 20 days following the date of submitting the decision 
to the one proposing it.  
(8) Unless otherwise specified by this Law, the regulations for provision of claims shall be 
applied for the procedures defining interim measures.  
 
 
Measures to provide evidence  
 
Article 314  
 
(1) If requested by the person whose right is violated or there is justified doubt that his right will 
be violat ed, the court may lay down a measure for providing evidence.  
(2) The measure of paragraph (1) of this Article may be pronounced by the court especially 
regarding:  
- preparation of detailed description of the goods proving that it has violated specific righ t with 
or without taking a sample;  
- confiscation of the goods which is believed that violates a specific right;  
- confiscation of materials and means used for preparation and distribution of goods believed that 
violate a specific right, as well as relate d documentation.  
(3) The measure of this Article may also be pronounced without notifying the opposing party 
unless the person whose right has been violated or there is justified suspicion that will be violated, provides evidence proving that the evidence  for that violation may be destroyed and 
may not be provided or that irreparable harm may occur. If the measure is pronounced without 
notifying the opposing party, the court shall decide to forward the measure to it immediately 
following the adoption.  
(4) The court shall determine the time period of this measure within the decision for interim 
measure. In case the measure is determined prior to the submitting of the lawsuit, the time limit 
within which the one proposing the guarantee must submit a lawsuit f or proving the justification 
of these measures, shall not be longer than 20 days following the date of submitting of the 
decision to the one proposing it.  
(5) Unless otherwise specified by this Law, the regulations for provision of claims shall be 
applied  for the procedures defining interim measures.  
Collecting evidence during the proceedings  
 
Article 315  
 
(1) When the party involved in the legal procedure invokes to evidence and claims that that 
evidence is with the opposing party or under its control, th e court shall invite the opposing party 
to provide such evidence specifying the time limit for submitting it.  
(2) In case the holder of the right of this Law as plaintiff in the lawsuit claims that violation of 
the right occurred for the purpose of financi al benefit, as well as if the legal procedure invokes to 
the banking, financial or similar commercial documentation, documents and similar evidence 
and claims that they are with the opposing party or under its control, the court shall invite this 
party to provide the evidence and shall specify the time limit for providing it.  
(3) Where the party invited to provide evidence denies that they have the evidence or that it is 
under their control, the court may bring evidence for laying down the facts.  
(4) In res pect of the right of the party to reject submitting the evidence required, according to the 
regulations of the legal procedure, the right for refusal of testimony shall be applied.  
(5) The court according its opinion shall estimate how significant is that that the party will not 
proceed according to the court decision instructing to provide evidence, or contrary to the 
opinion of the court, denies that evidence is in their possession.  
 
 
 
PART XI  
 
SUPERVISION  
 
Article 316  
 
The Ministry of Economy shall supe rvise the implementation of the provisions of this Law and 
the bylaws adopted pursuant to this Law.  
 
Article 317  
 
Inspection supervision related to the implementation of the provisions of this Law on the 
circulation and use of protected industrial property  rights, shall be performed by the State Market Inspectorate ex officio (hereinafter referred to as the “Inspectorate”) upon the request of the 
holder of the right.  
Article 318  
(1) If the inspectorate finds that the industrial property rights have been vio lated, he shall bring a 
decision to order a withdrawal of the products, equipment, means or related documentation from 
circulation, or shall define appropriate measures for preventing further violation and shall define 
the time limit for their withdrawal f rom circulation, especially in case of:  
 
1) unauthorised use of protected invention;  
2) unauthorised use or imitation of protected industrial design;  
3) unauthorised use or imitation of protected trademark;  
4) unauthorised use of sign ® for trademark whi ch is not registered;  
5) unauthorised use or imitation of well known trademark and  
6) unauthorised use or imitation of protected geographic name.  
 
(2) If the legal or natural person does not proceed as ordered in paragraph (1) of this Article, the 
Inspect orate shall make a decision for interim ban of performing the activities in duration of 30 
days for a legal person, 15 days for a natural person, it shall seal the premises where the business 
is performed, and shall confiscate the products, equipment, mean s and related documentation.  
(3) The inspector shall be liable to immediately deliver the confiscated products, equipment, 
means and related documentation to the competent court.  
(4) The items that are temporarily confiscated as a result of the violation r eferred to in this 
Article, after the validity of the verdict, shall be destroyed in accordance with the Law on 
Execution of Sanctions.  
(5) If the inspector finds that with the committed violation an unlawful property benefit is 
gained, he shall be bound i n the request for initiating the misdemeanour procedure to state the 
amount of this benefit and to request that amount to be confiscated from the perpetrator.   
 
Article 319  
 
(1) If the inspector reasonably suspects that the goods in circulation violates t he industrial 
property right referred to in Article 318, paragraph (1), prior to submitting a request by the 
holder of the right, he shall make a report for the goods and shall withdraw it from the market.    
(2) Regarding the measure referred to in paragr aph (1) of this Article, the inspector shall 
immediately inform the holder of the right so that he can submit a request for taking actions in 
accordance with Article 320 of this Law.  
(3) The inspector may request from the holder of the right to provide al l the information which 
are necessary for confirming the reasons for suspicion.  
(4) If within three working days of the notification, the holder of the right does not submit a 
request for taking actions in accordance with Article 320 of this Law, the goods  shall be placed 
on the market.  
Article 320  
 
(1) The holder of the right may submit a request in writing to the Inspectorate for taking actions 
for protecting the industrial property rights referred to in Article 318 of this Law.  (2) The holder of the rig ht shall be bound to attach the following to the request referred to in 
paragraph (1) of this Article and to submit it to the Inspectorate:  
1) evidence that the relevant industrial property right of is protected;  
2) statement that he will be fully responsi ble towards the persons involved in the procedure for 
the purpose of action or omission by the holder of the right or if established that the goods in 
question does not violate the industrial property right;  
3) technical description of the goods (precise a nd detailed);  
4) value of the original goods in the Republic of Macedonia;  
5) the location of goods;  
6) details for the importer of the goods and  
7) manufacturing country or countries.   
 
PART XII  
 
MISDEMEANOUR PROCEDURE  
 
Article 321  
 
(1) A fine in the amo unt of EUR 4,000 to 8,000 in denar counter -value shall be pronounced by 
the court to the legal person for a violation if:  
 
 1) he is not authorised to represent foreign legal and natural person (Article 22);  
2) he is not authorised to use a registered or protected invention (Article 291, paragraph   
     (3)); 
 3) he is not authorised to used or imitate a registered or protected industrial design     (Article 
291, paragraph (3));  
4) he is not authorised to used or imitated a registered or protected tradema rk (Article 29,  
    paragraphs (3) and (4));  
5) he is not authorised to or imitate well -known trademark (Article 291, paragraph (3));  
(2) Apart from the fine referred to in paragraph (1) of this Article, the legal person shall be 
pronounced a sanction – ban to perform the activity from one to three years.  
(3) The fine in the amount of EUR 1,000 to 1,500 in denar counter -value shall be pronounced to 
the person in charge in the legal person for the violation referred to in paragraph (1) of this 
Article.  
(4) Apart from the fine referred to in paragraph (3) of this Article, the person in charge in the 
legal person shall be pronounced a sanction - ban to do his profession, occupation or duty for a 
period from one to five years, or permanent ban to perform the ac tivity.  
(5) Fine in the amount of EUR 700 to 1,200 in denar counter -value shall be pronounced to the 
natural person for the violation referred to in paragraph (1) of this Article.  
(6) Apart from the fine referred to in paragraph (5) of this Article, the n atural person shall be 
pronounced a sanction - ban to do his profession, occupation or duty for a period from one to 
three years.  
(7) For all the violations referred to in Article 318 of this Law and paragraph (1) of this Law, the 
legal person, the person  in charge in the legal person and the natural person shall be pronounced 
special sanction for confiscation of items.  (8) If found that the violations referred to in paragraph (1) of this Article are done by an 
organised group of people, composed of at lea st three persons, the competent court may 
pronounce fine in a triple amount.  
(9) When the violations referred to in paragraph (1) of this Article are repeated, the authorised 
court may pronounce a fine in a quintuple amount.    
(10) For the violations refe rred to in paragraph (1) of this Law that cause major property damage, 
proportional to the amount of the damage made or the acquired benefit, the competent court may 
pronounce a fine in the amount of the damage multipled by ten.  
 
Article 322  
 
(1) A fine in  the amount of EUR 700 to 1,000 in denar counter -value shall be pronounced to the 
legal person for violation in case of:  
1) unauthorised use of the sign ® for trademark which is not registered;  
2) unauthorised use or imitation of a protected geographic in dication (Article 291, paragraphs (3) 
and (4)) and  
3) they failed to provide the documents and information regarding the violation on the request of 
the holder of the right (Article 297, paragraph (2) and Article 314).  
(2) Fine in the amount of EUR 350 to  700 in denar counter -value shall be pronounced to the 
person in charge in the legal person for the violations referred to in paragraph (1) of this Article.  
(3) A fine in the amount of EUR 350 to 700 in denar counter -value shall be pronounced to the 
natura l person for the violations referred to in paragraph (1) of this Article.  
 
 
PART XIII  
 
TRANSITIONAL AND FINAL PROVISIONS  
 
Adoption of bylaws  
 
Article 323  
 
(1) The bylaws stipulated with this Law shall be adopted within six months from the date this 
Law ent ers into force.  
(2) Until the date the bylaws referred to in paragraph (1) of this Article enter into force, the 
current bylaws shall apply.  
 
Pending procedures  
 
Article 324  
 
(1) In the procedures for recognition of industrial property rights for applicat ions submitted 
before this Law enters into force, the provisions of this Law shall apply, with the exception of 
the applications for which the Office has taken specific actions before this Law enters into force.  (2) The provisions of the Extension Agreemen t shall be applied to the European applications 
submitted prior to the implementation of the Law on the Ratification of the European Patent 
Convention.  
(3) The provisions of the Articles 119 to 126 and Article 297, paragraph (5) shall be applied to 
the Eu ropean applications submitted after 1 January 2009.  
(4) The provisions of Article 74 of this Law for extending the time of validity of patents with 
certificate for additional protection shall apply on the applications filed after 1 January 2009.  
(5) The pr ocedures for legal protection, misdemeanour procedure and inspection supervision by 
the State Market Inspectorate, which are not completed until the date this Law enters into force, 
shall be completed in accordance with the regulations which were in effect  until the date this 
Law enters into force.  
(6) The Commission of the Government of the Republic of Macedonia for deciding upon 
administrative procedure at a second instance in the field of industrial property shall decide 
regarding the complaints lodged a gainst the decisions of the Office by the date this Law enters 
into force,.   
Termination of validity  
 
Article 325  
 
The day this Law enters into force, the Law on Industrial Property (Official Gazette of the 
Republic of Macedonia No. 47/2002, 42/2003, 09/2 004, 39/2006, 79/2007) shall cease to be 
valid.  
 
 
Entry into Force  
 
Article 326  
 
This Law shall enter into force on the eight day from the date of its publication in the Official 
Gazette of the Republic of Macedonia.