WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/MKD/I/2 
13 February 2006 
 (06-0597) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FORMER YUGOSLAV REPU BLIC OF MACEDONIA 
 
 
 The present document reproduces the text1 of the Law on Industrial Property, as revised and amended 
by the Law for Revision and Amending the Law on In dustrial Property, published in the Official Gazette 
No. 09/04 of 27 February 2004 (Entry into force:  28 February 2004), notified by the Former Yugoslav Republic 
of Macedonia under Article 63.2 of the Agreement by means of  a communication dated 14 October 2005. 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE 
 
 
 Le présent document contient le texte1 de la Loi sur la propriété industrielle, telle qu'elle a été révisée et 
modifiée par la Loi portant révision et modification de la Loi sur la propriété industrielle, publiée au Journal 
officiel n° 09/04 du 27 février 2004 (entrée en vigueur:  28 février 2004), notifiée par l'ex-République 
yougoslave de Macédoine au titre de l'article 63:2 de l'Accord, au moyen d'une communication datée du 14 octobre 2005.  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
EX REPÚBLICA YUGOSLAVA DE MACEDONIA 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Propiedad Industrial, revisada y 
modificada por la Ley de Revisión y Modificación de la Ley de Propiedad Industrial , publicada en la Gaceta 
Oficial Nº 09/04 de 27 de febrero de 2004 (entrada en vigor:  28 de febrero de 2004), que la ex República Yugoslava de Macedonia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo mediante una 
comunicación de fecha 14  de octubre de 2005. 
                                                      
 1 In English only./En anglais se ulement./En inglés solamente. IP/N/1/MKD/I/2 
Page 2  
 
   
STATE OFFICE OF INDUSTRIAL PROPERTY  
 
  
  
        
 
LAW ON INDUSTRIAL PROPERTY 
(as revised and amended) 
 
         
 
       
 
    
Skopje 
  IP/N/1/MKD/I/2 
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  LAW ON INDUSTRIAL PROPERTY 
 
BASIC PROVISIONS 
 
 
Contents of law 
 
Article 1 
 
This law regulates the acquisition, exercisi ng and protection of industrial property 
rights.  
Industrial property rights 
 
Article 2 
 
(1) Industrial property righ ts shall be patent, industr ial design, trademark and 
appellation of origin an d geographical indication.  
(2) Patent shall be used for protection of invention. (3) Industrial design shell be used for pr otection of new form of a body, picture, 
drawing, contours, composition of colors or  a combination of these features-design. 
(4) Trademark shall be used for protection of trade sign. 
(5) Appellation of origin and geographical indication shall be us ed for protection of 
geographical name. 
 
Definitions 
 
Article 3 
 
Certain expressions used in this law have the following meaning: 
- “industrial property rights” are rights fr om intellectual creations and economic 
connections in the field of industry and trade, as well as agriculture under Article 2 paragraph 
1 of this Law; 
- “patent” is an industrial property right used for prot ection of an invention in a 
procedure provided for by this Law; 
- “industrial design” is an industrial pr operty right acquired in procedure for 
protection of design provided for by this law; 
- “trademark” (mark for goods, service mar k, collective mark and certification mark) 
is an industrial property right acquired in pr ocedure for protection of trade sign provided for 
by this Law; 
- “geographical indication” is an industria l property right acqui red in procedure for 
protection of a geographical na me provided for by this Law; 
- “appellation of origin” is an industrial property righ t acquired in procedure for 
protection of a geographical na me provided for by this Law; 
- “invention” is a solution of a technical pr oblem in the context of Article 19 of this 
Law referring to a product, process or substance per se which came as a result of specific process; IP/N/1/MKD/I/2 
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  - “design” is a new form of a body, pictur e, contours, composition of colors, texture 
or combination of these features within the meaning of Article 82 of this Law; 
- “trade sign” is a sign that can be presented graphically and fulfils the conditions 
under Article 124 of this Law; 
- “geographical name” within the meaning of this Law is a name and/or indication of 
the country, region or place marking the pr oduct which originates from that region; 
- “subjects of industrial property rights” ar e domestic or foreign legal and natural 
persons that acquired industri al property rights in a proced ure provided for by this Law; 
- “Paris Convention for Prot ection of Industrial Property”  is the Convention passed 
1883 that came into force 1884 as revised and am ended (hereinafter: “Paris Convention”). 
- “Patent Cooperation Treaty” is the Tr eaty signed June 19, 1970, as revised and 
amended (hereinafter PCT); 
- "Madrid Agreement Concerning the Interna tional Registration of Marks" as revised 
and amended (hereinafter: Madrid Agreement); 
- " Nice Agreement Concerning the Internati onal Classification of Goods and Services 
for the Purposes of Registration of Marks" as revised and amended (hereinafter: Nice 
Agreement);  - " Locarno Agreement Establishing an International Classifi cation for Industrial 
Designs as revised and amended (hereinafter: Locarno Agreement); 
 - “Paris Union” is a union based on the Paris Convention;    - “Hague Agreement Concerning the Intern ational Application of  Industrial Design”, 
Hague document of November 28
th, 1960, as revised and amended (hereinafter as: The Hague 
Agreement);  - Agreement for Cooperation in the Field of  Patents between the Government of the 
Republic of Macedonia and the European Pate nt Organization, as well as the provisions 
applied in the extension of the European patents from June 24
th 1997 (hereinafter as The 
Extension Agreement);  - Protocol related to the Madrid Agreem ent Concerning the Inte rnational Registration 
of Marks from June 27
th, 1989 (hereinafter as: The Madrid Protocol); 
 - World Trade Organization, International organization es tablished by the Marakesh 
Agreement (hereinafter as: WTO), and  - Convention Relating to International E xhibitions, signed in Pa ris, on 22 November 
1928, last revised on May 31
st, 1988 (hereinafter as: C onvention on International 
Exhibitions).”  
 
 
Principle of legality 
 
Article 4 
 
The rights recognized on the basis of this Law cannot be  used contrary to the 
Constitution, the laws and the good business practice. 
   IP/N/1/MKD/I/2 
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  Subjects of industrial property rights 
 
Article 5 
 
(1) Subjects of industrial pr operty rights are domestic and foreign legal and natural 
persons. 
(2) Under this Law, foreign legal and natu ral persons in respec t of protection of 
industrial property rights in the Republic of  Macedonia shall enjoy the same rights as 
domestic legal and natural persons in conf ormity with international agreements and 
conventions or by application of the principle of reciprocity.  
(3) The existence of reciprocit y under paragraph (2) of this Article shall be prescribed 
by the Minister of Justice, under conditions and in procedure prescribed by law.  
 
Rights of subjects of industrial property rights 
 
Article 6 
 
(1) The inventor of patent or author of industrial design has moral and economic 
rights on his creations prescribed by law. 
(2) The subjects referred to in paragraph (1) of this Article, the owner of trademark, 
the authorized user of appellation of origin  and the authorized user of the geographical 
indication also have other right s under international agreements and conventions, other laws, 
general acts and agreement.  
Moral right 
 
Article 7 
 
(1) The inventor and the autor shall ha ve the moral right to be mentioned  in the 
application and the documents referring to  the patent and th e industrial design. 
(2) If the invention or the de sign comes as a result of the creative work of more than 
one person, they all shall have the righ t under paragraph (1) of this Article.  
 
Exsclusive right 
 
Article 8 
 
(1) The economic right of the owner of patent, industrial design and trademark 
includes the right for using, disposing, right for compensation and prohibition of unauthorized use by third person(s) in the cases and in a manner provided for by international 
agreements and conventions, this Law, other law and agreement. 
(2) The owner of collective mark and the aut horized users of appellation of origin and 
geographical indication shall have  the rights under paragraph (1 ) of this Article, apart from 
the right for disposal. 
 IP/N/1/MKD/I/2 
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  Competent Institution 
 
Article 9 
 
 “(1) A State Office for Industrial Property shall be established for the conduction of 
activities related to acquisition and protection of the industrial property rights (hereinafter as: 
Office).  (2) The Office shall be an administrative or ganization with a status  of an independent 
body of the State Administration, having competen cies provided for by this or other law.  
 (3) The Office has the capacity of a legal entity.   (4) The seat of the Office shall be in Skopje.” 
 
Management 
 
Article 9- а 
 
(1) The Office shall be managed by a Director. 
(2) The Director shall have a Deputy. 
(3) The Director and the Deputy Director of the Office shall be appointed and 
dismissed by the Government of the Republic  of Macedonia, with  the right to be 
reappointed. 
(4) The Director shall repres ent and present the Office. 
 
Competencies 
 
Article 9-b 
 
The Office shall perform the following tasks: 
  - Reception of applications for the pr otection of industrial property rights; 
 - Conduct the administrative procedure lead ing to acquisition of industrial property 
rights;  - Maintenance of registers of acquired righ ts and other register s provided for by this 
law;  - Publication of an Official Gazette including all data regarding applied and 
recognized rights of industrial property;  - Performs the special examination for the representatives in the field of industrial 
property;  - Promotion of the industr ial property protection;  
 - Represent the Republic of Macedonia and its interests in the inte rnational, European, 
and regional organizations  for industrial property; 
 - Initialize the procedure for ratification of international agreements and assume 
responsibility for fulfillment of the obligations in the field of industrial property arising from 
the international agreem ents ratified by the Re public of Macedonia; 
 - Cooperation with other entities included in the system for protecti on of the rights of 
industrial property in the country and abroad;  - Perform other activities prescribed by the law.   IP/N/1/MKD/I/2 
 Page 7 
 
 
  Financing 
 
Article 9-c 
 
 (1) The Office shall be financed from its own revenues. 
 (2) The revenues realized from its operations the Office shall use to cover the 
expenses for the current operation, development and for employee salaries. 
(3) The surplus of the Office revenues sha ll be transferred on to the Budget of the 
Republic of Macedonia. 
 
Revenues 
 
Article 9-d 
 
  The Office realizes its revenues from the activities performed according to the 
Madrid Agreement, the Madrid Protocol, the Hague Agreement, the Extension Agreement, as 
well as from collection of fees for the admi nistrative procedure and remunerations for the 
information services that it performs.  
Relationships between the Office it s clients and/or other entities 
 
Article 9-e 
 
 In the realization of its activities the Office cooperates with other State bodies, legal 
and physical entities, and exchanges informati on with appropriate foreign or international 
authorities, unless otherwise prescribed by law for certain type of information exchange. 
 
Report 
 
Article 9-f 
  The Office submits, at least once a year, a re port for its activities to the Government 
of the Republic of Macedonia”. 
 
Registers and Official Gazette of the Office 
 
Article 10 
 
(1) The Office keeps registers of applica tions, registers of recognized industrial 
property rights and registers of representatives in the field of industrial property. 
 (2) Subsequent changes relate d to the applicant, the holder  of the right, and the right 
itself are also recorded in the registers.   (3) The registers referred to in paragraph (1) of this Article shall be  open to the public. 
 (4) The data on the applied for protecti on and recognized industr ial property rights 
shall be published in the Official Gazette issued by the Office under the provisions of this Law.  
 IP/N/1/MKD/I/2 
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  Types of applications for industrial property right protection 
 
Article 11 
 
(1) Protection of industrial property right s in the Republic of Macedonia shall be 
sought by filing the adequate application to the Office. 
(2) The Office shall also accept applica tions requiring protection of industrial 
property rights abroad if that is in accord ance with the international agreements and 
conventions which have been ratifie d by the Republic of Macedonia.  
(3) Protection of industrial property rights ma y also be required in the Republic of 
Macedonia with an application file d abroad, if that is in acco rdance with the international 
agreements and conventions, which have b een ratified by the Repub lic of Macedonia.  
(4) The applicant referred to in paragraph (3 ) of this Article shall have the same rights 
as the national applicants, unless provided otherwise by the respective agreement or 
convention.  
 
Filing application 
 
Article 12 
 
(1) Application for recognition of industrial property right shall be filed in writing, 
personally, by mail or by electronic means.  
(2) Application for recognition of industria l property right may be filed in foreign 
language provided that it includes indication of  the requested right and information for 
contact with the applicant in Macedonian language.  
(3) If the application is filed in a foreign language, with in 90 days from the date of 
filing the application in a foreign language, th e applicant must subm it translation of the 
application in Macedonian langua ge. Otherwise, the application shall be deemed to be  
withdrawn. 
 
Administrative procedure 
 
Article 13 
 
(1) In the administration procedure fo r acquisition, exercising, maintenance and 
protection of industrial propert y rights the Office shall d ecide in first instance.  
(2) The Office, in its administrative procedur e, shall act according to the provisions of 
this law and the regulations issued in complian ce with this law, and all issues not provided 
for in this law shall be governed by th e Law on General Administrative Procedure. 
 
Appeal to first instance decision 
 
Article 14 
 
(1) The applicant shall have the right to app eal to a first instance decision issued by 
the Office to a Commission of the Govern ment of the Republic of Macedonia.   IP/N/1/MKD/I/2 
 Page 9 
 
 
  (2) The Commission referred to in paragraph (1 ) of this Article shall consist of five 
members appointed by the Government of the Republic of Macedonia who shall be scientists 
and experts in the field of  industrial property right. 
(3) Members of the Commission under paragr aph (1) of this Article may not be 
persons who are registered representatives in th e field of industrial property, lawyers, legal 
agents of trade companies or other persons  who may have any in terest in acquisition, 
exercising and protection of industrial property rights.  
 
Procedure in accordance with international agreements 
 
Article 15 
 
The Office shall perform the procedure re ferring to applications under Article 11 
paragraphs (2) and (3) of this Law in  accordance with the international agreements which 
have been ratified by th e Republic of Macedonia. 
 
Exercising rights through representative 
 
Article 16 
 
In the procedure before the Office and the governmental administration bodies, the 
foreign legal or natural persons shall exercise  their rights arising from this Law through a 
representative who is a domestic  legal or natural person regist ered for representation in the 
field of industrial property.  
 
Availability of Office documentation and information 
 
Article 17 
 
(1) The Office is obliged to make available to all interested legal and natural persons 
its documentation and informati on for applied for protection a nd protected industrial property 
rights, apart from the documentation which has not been published in the Official Gazette 
issued by the Office. 
(2) Only information from the register of  applications shall be available for the 
applications for industrial property right. 
(3) Unpublished application may be made  available only with consent of the 
applicant.  
(4) The documentation and information referred to  in paragraph (1) of this Article, as 
well as the other services relate d to protection of industrial pr operty, shall be made available 
after paying specified expenses.  
 
Fees and expenses 
 
Article 18 
 
(1) For acquisition and maintenance of indus trial property right fees shall be paid 
under the Law on administrative fees, as well as specific expenses in the procedure for 
recognizing the right.  IP/N/1/MKD/I/2 
Page 10  
 
  (2) The amount of the specific expenses of the procedure from para graph (1) of this 
article, and the expenses for the provision of information services from article 17, paragraph 
(4) of this law, shall be prescribed by th e Director of the Of fice and approved by the 
Government of the Republic of Macedonia.  
 
 
PART ONE 
 
PATENT 
 
Patentable invention 
 
Article 19 
 
 (1) Patent shall be granted for inventi on in all fields of technique and technology 
which is new, involves inventive step and is susceptible of in dustrial application.  
 (2) The following in particular  shall not be considered to be inventions within  the 
meaning of  paragraph (1) of this Article: 
   1.  discovery, scientific theo ry and mathematical method; 
 2.  esthetic creation;  3. plan, rule and procedure for performi ng intellectual activity, playing games or 
                doing busin ess, as well as computer program; 
 4.  presentation of information.    (3) Exception to the object of protection under paragraph (2) of th is Article shall be 
possible only if the subject matter of the patent  application does not re fer to some of those 
objects per se. 
 
Exceptions to patentability 
 
Article 20 
 
 (1) The following shall be excluded from protection by patent: 
- inventions related to new animal and plant varieties and e ssentially biological 
processes for production of animals or plants, apart from inventions related to microbiological processes and pr oducts from such processes; 
- inventions for surgical and diagnostic me thods or method for treatment of living 
human or animal body, apart from inventions relate d to a product, in particular substances or 
compositions used for applica tion of any of these methods; 
- inventions the publishing or exploitation of  which would be contrary to the order 
public or morality, where exploi tation of invention shall not be  deemed as such only because 
of the fact that it is prohibited  by law. 
  IP/N/1/MKD/I/2 
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  Novelty of invention 
 
Article 21 
 
(1) Invention shall be considered  to be new if it does not form part of the state of the 
art.  
(2) The state of the art shal l be held to comprise everything made available to the 
public by means of oral or writ ten description of the inventi on, by use or in any other way 
before the date of filing the patent applica tion in a manner which allows to be applied by 
experts skilled in the art.  
(3) The state of the art under paragraph (2 ) of this Article shall also include:  
- the contents of national pa tent applications, as original ly filed in the Office, apart 
from patent applications that ha ve been rejected or withdrawn; 
- - the European patents, as  recognized by the European Pa tent Office according to the 
European Patent Convention, for which  prot ection is requested on the territory of the 
Republic of Macedonia, according to the Extension Agreement  
- International applications, as originally filed under the PCT filed to the Office as 
elected institution.  
(4) The provisions from paragraphs (2) to (3) of this Article sh all not exclude from 
patentability any substance or composition comprised in the st ate of the art where it is 
intended for use in method or trea tment referred to in Article 20 paragraph (1) item 2 of this 
Law, provided that  such use is not  comprised in the state of the art. 
 
Non-prejudicial disclosures 
 
Article 22 
 
(1) While estimating whether the invention is new under Article 21 of this Law, the 
fact that the invention was available to the public six months prior to the filing of the 
application shall not be taken into consideration if it was due  to or in consequence of: 
- evident abuse in relation to the applicant or his legal predecessor, or - the fact that the applicant or his legal predecessor had displayed the invention at an 
official or officially recogni zed exhibition falling within the terms of the Convention on 
International Exhibitions  
(2) The provision under paragraph (1) item 2 of  this Article shall be applied only if 
while filing the application the applicant indica tes that the invention had been displayed and 
submits written certificate issued by the comp etent authority of the state where it was 
exhibited.  
Inventive step 
 
Article 23 
 
(1) Invention shall be consider ed to involve an inventive st ep if, having regard to the 
state of the art w ithin the meaning of Artic le 21 of this Law, it is not obvious to a person 
skilled in the art. 
(2) The applicant may renounce the initial ap plication and file a new application for 
the same invention and, in that case, the first application shall not be taken into consideration 
in deciding whether there has been an i nventive step in the later application.  IP/N/1/MKD/I/2 
Page 12  
 
   
Industrial application 
 
Article 24 
 
An invention shall be c onsidered as susceptible of industrial application  if it can be 
made or used in any kind of industry, including agriculture. 
 
Persons entitled to acquire a patent 
 
Article 25 
 
(1) The right to a patent shall belong to th e inventor or his su ccessor in title.  
(2) If the invention has been created jointl y, by several inventors, the right to patent 
shall belong to all inventors or  their successors in title.  
 
Inventor 
 
Article 26 
 
(1) Inventor shall be the pe rson who had created the inve ntion in the course of his 
creative work.  
(2) The person who has contri buted to the creation of an  invention by providing only 
technical assistance shall not be deemed  to be inventor.  
 
Inventor’s successor in title 
 
Article 27 
 
(1) Inventor’s successor in title shall be le gal or natural person en titled to acquire a 
patent right by virtue of law, legal business, inheri tance or court decision.  
(2) The employer shall be considered to be  inventor’s successo r in title where by 
virtue of law or employment contract he has th e right to acquire patent  for invention created 
under inventor’s employment.  
 
Initiation of procedure 
 
Article 28 
 
(1) Patent granting procedure shall be ini tiated by filing a patent  application to the 
Office. 
(2) Patent granting procedure may also be initiated by the filing of applications in 
compliance with PCT, and applications f iled according to the Extension Agreement  
  IP/N/1/MKD/I/2 
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  Unity of invention 
 
Article 29 
 
(1) Each invention shall be filed as separate patent application.  
(2) One patent application may c ontain more than one invention  linked in such a way 
as to form a single inventive concept.  
(3) The contents of the application that fulfills the condition for unity of invention 
shall be prescribed by a regulation i ssued by the Director of the Office 
 
Priority right 
 
Article 30 
 
(1) As from the date of filing a proper pate nt application in the Office, the applicant 
shall have priority right to any other person w ho shall later file an application for the same 
invention. 
(2) Exception to paragraph (1) of this Article shall be  the case when the conditions for 
recognition of union or exhibiti on priority right under Articles 31 and 32 of this Law are 
fulfilled.  
 
Exhibition priority right 
 
Article 31 
 
(1) A person who has exhibited an invention at an officially recognized international 
exhibition or fair in the Republic  of Macedonia or in any of th e states member of the Paris 
Union or the WTO may claim in hi s application that the date of the first day of exhibition of 
the invention be accorded as priority  date within 90 days from date of the closing of the 
exhibition or fair.  (2) The application referred to in paragraph (1) of this  Article shall be accompanied 
by a certificate issued by a compet ent authority of the state memb er of the Paris Union or the 
WTO proving that the exhibition or fair wa s recognized within the meaning of the 
Convention for International Exhibitions and sha ll indicate the type of exhibition or fair, its 
place, its opening and closing date or the date of use. 
 
Union priority right 
 
Article 32 
 
(1) Any legal or natura l person who had filed a proper pate nt 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 cl aimed within 12 months of 
the filing date of the first application. 
(2) The application referred to in paragraph (1) of this Article shall be considered 
proper if the filing date is prescribed under the national legislation of th e state member of the 
Paris Union or the WTO in which it was filed or in accordance with the international IP/N/1/MKD/I/2 
Page 14  
 
  agreements made  between the states member of the Uni on or WTO, regardless of the future 
legal outcome of the application.  
 
Obligations of applicant for union priority 
 
Article 33 
 
(1) The applicant who intends to use the priority right referred to in Article  32 of this 
Law shall be obliged in the application filed in the Repub lic of Macedonia to give all 
information on the application the priority to which is claimed and, no later than 90 days 
from the date of filing the application, to  submit a priority document certified by the 
competent authority of the state member of th e Paris Union or the WTO in which the first 
application was filed. 
 
Multiple priority right 
 
Article 34 
 
(1) The applicant may file a claim for grant of  multiple priority right on the basis of 
several earlier applications filed in one or more states member of the Paris Union or the WTO.  
(2) Where  multiple priority right is claimed, the time limits under this Law shall run  
from the date of granted priority right starting fr om the earliest date of multiple priority right.  
 
Scope of priority claim 
 
Article 35 
 
(1) The priority claim shall relate only to such characteristics of the invention which 
are contained in the first application or a pplications for which priority is claimed.  
(2) If certain characteristics of the inve ntion do not appear among the patent claims 
contained in the first application or applicatio ns for which priority is claimed, it shall be 
sufficient for recognition of prior ity right that all other documents  of application as a whole 
specifically disclose such characteristics.  
 
Priority Certificate 
 
Article 36 
 
(1) On request of the applicant, the Office sh all issue a Priority Ce rtificate as of the 
date accorded as filing date of the patent application.  
(2) The contents and form of the request  and the Priority Certificate shall be 
prescribed by the regulation issued  by the Director of the Office . 
  IP/N/1/MKD/I/2 
 Page 15 
 
 
  Amendments in patent application 
 
Article 37 
 
Patent application with accorded filing date may not be additionally amended  by 
extending the object for which protection is required.  
 
Contents of patent application 
 
Article 38 
 
(1) Patent application shall contain: 
 1. request for grant  of patent; 
2. description of the invention; 
3. one or more patent claims; 
4. brief contents of the essence of the invention (abstract); 
5. drawing (if necessary) referred to in th e description and th e patent claim; 
6. evidence for paid application fee; 
7. translation in Macedonian language if the application was filed in foreign 
language.  
   (2) Other components and supplements sh all be delivered together with the 
Application from paragraph 1.  (3) The contents and form of the applic ation and other components and supplements 
added to the application shall be prescribed by the regulation issued by the Director of the Office
. 
 
Contents of request for grant of patent 
 
Article 39 
 
(1) The request for grant of a patent shall contain:  
 - an express indicati on that grant of a pa tent is required,  
- title of the inventi on expressing the essence of the invention,  
- indications concerning the a pplicant and the inventor.  
 (2) A written declaration of the inventor, in case he does not want to be mentioned in 
the application, shall be filed to the Office within 60 days from the filing date of the 
application.  
 
Disclosure of invention 
 
Article 40 
 
(1) The description of the invention mu st disclose the invention in a manner 
sufficiently clear and precise for it to be carried out by a person sk illed in the art in that field. IP/N/1/MKD/I/2 
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The claims 
 
Article 41 
 
(1)  Patent  claims shall define the subject ma tter for which protection is sought.  
(2)  Patent claims shall be clear and fully co ntained in the description of the invention.  
(3)  Patent claims may be independent and dependent.  (4) The independent claims shall contain new, essential characteristics of an 
invention.  
(5) The dependent claims sh all contain specific characteristics of the invention 
defined in the independent or  other dependent claim.  
 
The Abstract 
 
Article 42 
 
Abstract shall be a short summary of the e ssence of an inventi on serving exclusively 
for information on the invention.  
 
Filing date requirements 
 
Article 43 
 
(1) The Establishment of the filing date of th e patent application sh all require that on 
such a date the application contains: 
 1. request for grant of patent; 
2. name or company name and residence or business seat of the applicant; 
3. description of an invention and one or more patent claims.  
 
Accordance of filing date of application 
 
Article 44 
 
(1) If the applicati on does not contain  all elements provided for in Article 43 of this 
Law, the Office shall notify the applicant that his application is not proper and that filing date cannot be accorded. 
(2) If the filing date of the application ca nnot be accorded, the Office shall invite the 
applicant to correct the deficiencies referred to in paragraph (1) of this  Article within 60 days 
from the day of receipt of the notification.  
(3) If the applicant removes the deficiencies  in the prescribed time limit, the Office 
shall establish the filling 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 43 of this Law submitted by the applicant under the notification. 
(5) If the applicant fails to correct the defici encies within the prescr ibed time limit, the 
application shall be rejected by conclusion.  IP/N/1/MKD/I/2 
 Page 17 
 
 
   
Register of patent applications 
 
Article 45 
 
(1) A patent application for which the filing date has been accorded by a decision 
shall be entered into the Register of Patent Application kept by the Office.  
(2) The contents and manner of maintenance of the Patent Appli cation Register and 
the excerpt from the Register shall be prescrib edwith the regulation issued by the Director of 
the Office.   
 
Division of patent application 
 
Article 46 
 
(1) The applicant may divide the subject matter of the patent application having 
accorded filing date (the original application) into two or more applications and separate 
procedure shall be carried out on the basis of each of them. 
(2) Division of the original patent application shall be possible until the issuing  of the 
decision for grant of patent.  
(3) Patent application resulting from division of the original application (a divisional 
application) shall maintain the filing date of the original application and enjoy the priority thereof.  
(4) The contents and form of the divisional  application shall be prescribed by the 
regulation issued by the Di rector of the Office. 
 
Formal examination of the Application 
 
Article 47 
 
(1) After the entering  of the patent application in the register of patent applications, 
the Office shall examine whether: 
 1. the filing fee for the appl ication has been paid; 
2. translation of the application in Mace donian language has been filed, where the 
application is in a foreign language; 
3. the drawings  referred to in Article 38 paragraph (1) item 5 of this Law have been 
filed; 
4. proper power of attorney has been filed, where the application was filed through a 
representative. 
 
(2) If the patent application doe s not contain all basic elements  referred to in 
paragraph (1) of this Article, the Office shall invite the applicant to correct the prescribed 
deficiencies within 60 days from th e day of receipt of the invitation.  
(3) On reasoned request of the applicant, the time limit referred to in paragraph (2) of 
this Article may be extended for justif ied reasons by no more than 60 days.  IP/N/1/MKD/I/2 
Page 18  
 
  (4) If the applicant fails to correct the prescribed deficiencies referred to in 
paragraph (2) of this Article within the prescr ibed time limit, the Office shall rejected the 
patent application by issuing a conclusion. 
(5) Where a patent application refers to  drawings which are not included in the 
application, the Office shall notify the applicant that he may file them within the prescribed 
time limit.  
(6) If the applicant does not comply with th e notification of the Office referred to in 
paragraph (5) of this Article, any reference to the drawings shall be considered to be non-
existent.  
(7) If the applicant co rrects the application  within the time limit, the application shall 
be deemed to be proper.  
 
Processing patent applicat ion in case of dispute 
 
Article 48 
 
(1) In case of dispute regarding the right from the patent application, the applicant 
may require the Office to proce ss the application immediately.  
(2) Request for immediate processing of the application may not be filed earlier than 
12 months from the date of f iling the patent application.  
(3) In case of dispute referred to in paragra ph (1) of this Article, the applicant shall 
submit evidence from substantive examinati on performed in one of the institution for 
examination under this Law. 
 
Examination of the patent application 
 
Article 49 
 
The examination of the patent applicati on shall establish whet her the application 
complies with the following requirements: 
 1. whether the inventor has been mentioned; 
2. whether a recognition of a priority right is requested according to articles 31 and 
32 from this law; 
3. whether the application complies with the ru le on unity of invention under Article 
29 of this Law; 
4. whether the separate elements of app lication are in accordance with Articles 
38,39,40,41 and 42 of this Law; 
5. whether the subject matter of  the application is at fi rst sight patentable under 
Article 19 paragraph (2) and (3) and Ar ticles 20, 21(3), and 24 of this Law. 
 
Deficiencies of patent application 
 
Article 50 
 
(1) If the Office determines that the pa tent application does not meet all basic 
requirements under Article 49 of this Law, it sha ll notify the applicant of  that fact in writing 
and invite him  to correct the prescribed deficiencies with in 60 days as of the day of receipt of 
the notification.   IP/N/1/MKD/I/2 
 Page 19 
 
 
  (2) On reasoned request of the applicant,  the Office may extend the time limit referred 
to in paragraph (1) of this Article by no more than 60 days. 
(3) The Office shall issue a conclusion for re jection of the patent application if the 
applicant fails to correct the deficiencies prescribed in the notification referred to in 
paragraph (1) of this Article 37 w ithin the prescribed time limit.  
 
Payment of expenses and fees 
 
Article 51 
 
(1) Where the patent applic ation complies with the requ irements under Article 49 of 
this Law, the Office shall issue a conclusion th at the requirements for grant of a patent had 
been fulfilled and invite the applicant to pay th e expenses for publication of the patent in the 
Official Gazette of the Office, the expenses  for issuing a patent certificate and the 
maintenance fee within 30 days.   (2) The Office shall issue a conclusion for re jection of the patent application if the 
applicant fails to pay the expenses referre d to in paragraph (1) of this Article. 
 
Decision for grant of patent 
 
Article 52 
 
(1) If the applicant acts in compliance with the conclusion in the time limit set in 
Article 51 paragraph (1) of this Law, i.e. pays  the prescribed fees a nd expenses, the Office 
shall issue a decision for grant of  a patent for the first ten year s of validity and invite the 
applicant within nine years to submit written evidence of substantive examination issued by 
institutions authorized for substantive examination. 
(2) The data from the decision for grant of a patent shall be entered in the patents 
register at the day of issuing of the decision an d shall be published in the Official Gazette of 
the Office within 90 days from the day of issuing.  
 
Decision for refusal of patent application 
 
Article 53 
 
(1) The Office shall issue a decision for refu sal of the claim for grant a patent if the 
application has been filed for an invention which is not pate ntable under Article 19 paragraph 
(2), Article 20, Article 21 paragraph (3), Article 22 and Article 24 of this Law.  
(2) Decision for refusal of patent applicatio n shall not be issued if the applicant had 
not been previously notified in writing about  the grounds on which the claimed right cannot 
be recognized and invited to make a declaration thereon in due time. 
(3) The term from paragraph (2) of this article, upon an explained request from the 
applicant, may be extended to six months 
 IP/N/1/MKD/I/2 
Page 20  
 
  Filing evidence of substantive examination 
 
Article 54 
 
(1) The patent-owner or owner of the exclus ive right from patent is obliged to submit 
translation in Macedonian language of the evid ence of substantive examination performed in 
one of the institution for examination within nine  years from the date of filing the application 
in the Office.  
(2) If the applicant filed an application for recogni zing the same invention to the 
patent offices of other countries , he may submit as evidence the tr anslation of the results from 
the substantive examination or the granted patent.  
(3) If the patent-owner or owner of the ex clusive right from pate nt does not act in 
compliance with paragraph (1) of this Article,  the validity of the patent in question shall 
expire on the date of the expiring on th e tenth year of the patent term.  
(4) The patent-owner or owner of the exclus ive right from patent is also obliged to 
submit the evidence referred to in paragraph (1) of this Article if a third party had instituted 
an action for infringement of patent rights.  
(5) In the case referred to in paragraph (4 ) of this Article, the Office shall rule an 
expeditious procedure for issui ng a decision for grant of patent , partial grant of patent or 
refusal of the claim for grant of patent.  
(6) The contents of the evidence from the s ubstantive examination shall be prescribed 
by the regulation issued by th e Director of the Office 
 
Institutions for substantive examination 
 
Article 55 
 
(1) The substantive examination of the pate nt application referred to in Article 56 
shall be conducted in one of th e institution for examination.  
(2) The institution for examination referred to in paragraph (1) of this Article shall be 
as a rule national and intern ational offices which under the PCT have the status of 
International Searching Author ity or International Preliminary Examining Authority for 
international search or for preliminary examination of international patent applications.  
 
Substantive examination 
 
Article 56 
 
(1) Substantive examination determines whet her the invention is in compliance with 
all requirements for grant of a patent right, i.e.  whether the subject matter of the application 
is: 
1. invention which is patentable under  Articles 19 and 20 of this Law; 
2. invention which has been described in a manner that can be a pplied by a person 
skilled in art under Article 40 of this Law;  
3. invention which is in compliance with the rule of unity of invention under Article 
29 of this Law;  IP/N/1/MKD/I/2 
 Page 21 
 
 
  4. invention which is new under Article 21 para graphs (1), (2) and (4) and Article 22 
of this Law, which contains an inventiv e step under Article 23 of this Law and is 
industrially applicable under Article 24 of this Law.  
 
Additional examination 
 
Article 57 
 
(1) The Office shall issue a decision for grant of patent on the basis of submitted 
evidence from the substantive examination under Article 54 paragraph (1) and (2) of this Law 
and on the basis of the additional examinations from this Article.  
(2) The additional examination of a patent application shall establish whether the 
invention complies with the requi rements for grant a patent, i.e. whether the subject matter of 
the application is: 
 1. invention which is not patentable in co mpliance with Article 19 paragraph (2) and 
Article 20 of this Law; 
2. invention which is new with regard to all patent applications filed earlier to the 
Office in compliance with Article 21 paragraph (3) of this Law. 
 (3) The Decision from paragraph (1) of this article cannot be issued by the Office, if 
the holder of the patent had not been prev iously informed about the reasons why the 
requested right cannot be completely or part ially recognized, and if he/she had not been 
called in due time to give a st atement regarding the reasons. 
(4) The term from paragraph (2) of this article, upon an explained request from the 
applicant, may be extended to six months 
 
Decisions based on evidence from the substantive examination 
 
Article 58 
 
(1) On the basis of the file d evidence, the Office shall determine to what extent the 
contents and scope of the patent claims for th e given invention comply with the requirements 
under Articles 21, 23 and 24 of this Law and it shall issue one of th e following decisions: 
 1. decision that the invention complies with all requirements referred to in Articles 
21, 23, and 24 of this Law and that patent  claim(s) fully complies with those 
requirements; 
2. decision that the invention only partially complies with the requirements referred 
to in Article 21, 23 and 24 of this Law and that it gives limited future validity of 
the patent claim(s) in the scope in wh ich it complies with the requirements; 
3. decision for declaring as nullity if th e invention did not comply with the 
requirements from Articles 21,23 and 24 of this Law from the day of filing the 
patent application.  
 IP/N/1/MKD/I/2 
Page 22  
 
  Patent Register 
 
Article 59 
 
(1) The data from the decision for grant a patent shall be entered into the patents 
register kept by the Office on the date of the decision.  
(2) The data from the decision for rejection of patent application and for refusal of 
claim for grant a patent shall be entered in to the register of pa tent applications.  
(3) The contents and manner of maintenance of the Patent Register and the excerpt 
from the Registers shall be prescribed by the re gulation issued by the Director of the Office. 
 
Recording changes in the Register 
 
Article 59- а 
 
 (1) Changes related to the applicant, holder of the right, and the right itself shall be 
recorded in the Application Regist er and in the Patent Register. 
 (2) The changes recorded, the contents and form of the reque st, as well as the 
procedure of recording the changes shall be  prescribed by the regulation issued by the 
Director of the Office. 
 
Publication 
 
Article 60 
 
(1) The data from the decision for grant a patent shall be published in the Official 
Gazette of the Office within 90 days from date  of the decision of the grant thereof.  
(2) Together with the data from the Decision issued according to article 52 of this law, 
the patent abstract shall also be published. 
(3) The first patent claim shall be published together with the data of the Decision 
issued according to article 58 from this law, and the number of other patent claims shall be stated. 
(4) The contents of the data on granted pa tent which are published in the Official 
Gazette of the Office shall be prescribed by th e regulations issued by the Director of the 
Office. 
 
Patent certificate 
 
Article 61 
 
(1) The patent-owner shall be issued a patent certificate within 6 months from the date 
of the decision on grant of patent.  
(2) The Office shall issue a patent speci fication upon request of the holder of the 
patent. 
(3) The contents of the certificates and th e patent specification shall be prescribed  by 
the regulations issued by the Director of the Office. 
  IP/N/1/MKD/I/2 
 Page 23 
 
 
  Patent for secret invention 
 
Article 62 
 
(1) The applications for grant of patent on invention referring to national defense shall 
be deemed to be secret and shall be filed to the Minister of Defense.  
(2) The provisions under Articles 46, 47, 49, 50 and 51 of this Law shall apply 
mutatis mutandis in the procedur e for grant of patent  for secret invention, unless otherwise 
provided for by this Law. 
(3) If in the procedure for ex amination of the filed applicat ion the Minister of Defense 
determines that the invention is not secret, the application shall be submitted to the Office.  
(4) If in the course of pr ocedure for examination of the application the Office 
determines that the invention is secret, it shall pass it on to the Minister of Defense. 
(5) If the Minister of Defense determines that the invention ceased to be secret, the 
entire file shall be submitted to the Office.  
(6) After receiving the patent, the Office shall enter the patent in the patents register, 
issue to the patent-owner a patent certificat e and specification and publish the data under 
Article 60 of this Law.  
 
Use of a Secret Invention 
 
Article 63 
 
(1) The Ministry of Defense has an exclusive right  to use the secret invention and to have 
the same at disposal. 
(2) The holder of the right is entitled to a one time compensation for a secret invention 
protected by patent, regardless th e fact whether the invention shall be used for the needs of 
the Defense and in what degree. 
(3) The amount of the compensation from para graph (2) of this article shall be 
prescribedby the applicant and the Minister of Defense.  
(4) If both parties fail to reach an agreement, the applicant of the patent may require, 
according to the rules of exprocess procedure,  the court to determine the amount of the 
compensation. “ 
 
Characteristics of a Secret Invention 
 
Article 64 
 
 (1) The patent for a secret invention shall not be published. 
 (2) The protection of a secr et invention in a foreign c ountry may be requested by the 
domestic legal and natural persons, only by a wr itten approval from the Minister of Defense. 
 (3) The provisions from articles 62 and 63 from this article apply accordingly to the 
patent applications for recogniti on of inventions that are in th e intrest of the State security. 
 (4) The Minister of Internal Affairs is  competent for deciding upon the applications 
from paragraph (3) of this article. 
 (5) The Government of the Republic of Ma cedonia shall prescribe, with a special 
provision, which invention shall be considered as secret in cont ext of articles 62 and 64 from 
this law, as well as the manner for rec ognition of a patent for those inventions. IP/N/1/MKD/I/2 
Page 24  
 
   
Term of a patent 
 
Article 65 
 
(1) The term of patent shall be twenty ye ars as from the filing date of the patent 
application.  
(2) The term of patent under paragraph (1) of this Article may be extended for over 
twenty years if the subject matter of the pa tent is a medical produ ct or a product for 
protection of plants or proce ss for their production which has to undergo an administrative 
authorization procedure required by law before  it can be put on the ma rket, but no for more 
than 5 years.  
 
Supplementary protection certificate 
 
Article 66 
 
(1) The term of the patent under Article 65 paragraph (2) of this Law may be extended 
by issuing a supplementary protection certificate.  
(2) The procedure for issuing supplementary protection certificate shall be prescribed  
by the regulations issued by th e Director of the Office. 
 
Payment of fees 
 
Article 67 
 
(1) Before issuing a decision for grant of patent, the Office shall invite the patent-
owner to pay the total amount of  fees for maintenance of the pa tent right for the period from 
the filing date of the application to the date of the grant of patent.  
(2) The annual maintenance fee for the forthcoming period shall be due on the date 
corresponding to the filing date of the patent application.  
 
Ceasing of patent before expiration of validity 
 
Article 68 
 
(1) A patent right shall cease  before the expiration of  its validity date: 
 1. if the prescribed fees are not paid, the day after the expiration of the time limit for 
payment thereof; 
2. if the patent-owner renounces his right, th e day after the filing of the request for 
renouncing to the Office; 
3. on the basis of court decision or act of the Office in cases provided for by this 
Law, at the day prescrib edin the decision or act; 
4. with the lapse of the legal person or upon the death of the na tural person who is 
the patent-owner, on the day of lapse or d eath, or with the declaration of a missing 
patent-owner dead, on the day of the comi ng into force of the declaration, unless 
the right has been transferred to the legal successors in title of the legal person or 
to the heirs of the natural person;  IP/N/1/MKD/I/2 
 Page 25 
 
 
  5. If the patent-owner or the owner of excl usive right from pate nt does not comply 
with Article 52 paragraph (1) a nd Article 54 of this Law, the validity of the patent 
shall expire on the date of the expiring of  the tenth year of the patent term.  
 
Rights of third person 
 
Article 69 
 
(1) If license, pledge or any other right of a third person has been  entered  into the 
patent register, the patent-owner may not  renounce his rights w ithout written consent  from 
the person who is signatory of the li cense, pledge or other right.  
(2) If the patent-owner fails pay the fee within the prescribed time limit and the 
license, pledge or any other right  of a third person has been en tered into the patents register, 
the Office shall notify the third person that the fee had 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 the 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 patent right 
should be transferred to the person holder of a license, guarant ee of a loan or other right  until 
the fulfillment of the obligations.  
 
Exsclusive rights 
 
Article 70 
 
(1) The patent-owner shall have: 
 1. exclusive right to use the prot ected invention in production; 
2. exclusive right to put on the market obj ects produced according to the protected 
invention; 
3. right to dispose of the patent; 
4. right to prohibit use of the protected inve ntion in production or in trade by third 
person(s) who did not have his consent for that. 
 (2) The right under paragraph (1) of this Arti cle refers to a patent for process and the 
product obtained direct ly by that process. 
 
Free use 
 
Article 71 
 
 The patent-owner’s right under Article 70 of  this Law for exclusive exploitation of 
the invention shall not apply to: 
 1. acts in which the invention is exploited for private and non-commercial purposes; 
2. acts done for the purpose of research and de velopment of the subject matter of the 
protected invention, in particular: maki ng, using, offering for sale, import or 
export of protected invention, where such  acts are reasonably connected with 
experiments and tests necessary for re gistration of human and veterinary IP/N/1/MKD/I/2 
Page 26  
 
  medications, medical and veterinary produc ts or preparations for protection of 
plants; 
3. direct and individual preparation of me dicine in pharmacy on the basis of an 
individual medical prescrip tion and acts relating to the medicine so prepared.  
 
Process patent 
 
Article 72 
 
(1) If the patent was issued for a process, its rights  shall also refer to  the products and 
substances  directly obtained  by that process.  
(2) In absence of proof to the  contrary, it shall be deemed that the product have been 
obtained by  a protected process if the product is new or there is a reasonable doubt that the 
product was obtained by  a protected process and that the patent-owner was not able to 
determine the process actually  used in spite of the reasonable efforts.  
(3) It shall be deemed that  there is reasonable doubt th at the product was obtained by 
protected process if the protected process is the only known process.  
(4) The burden of the proving referred to in paragraph (1) of this Article shall fall on 
the alleged infringer only if one of  the conditions referred to in pa ragraph (2) of this Article is 
fulfilled. 
 
Scope of exclusive rights 
 
Article 73 
 
 The scope of the exclusive rights of the pate nt-owner shall be prescribed with the text 
of the patent claims which have been finally ac cepted in the patent granting procedure, where 
the description and the drawings shall be used for interpreting the patent claims. 
 
Right based on prior use 
 
Article 74 
 
(1) The patent right shall have no effect on the person who used the invention prior to 
the filing date of the ap plication or the date of  recognized priority ri ght in good faith and not 
publicly in the Republic of Macedonia or perfor med preparation necessary for use thereof. 
(2) The person referred to in paragraph (1) of  this Article shall have the right, without 
consent from the patent-owner, to continue usin g the invention to the ex tent to which it was 
used or prepared for using until the filing date of the application for the invention. 
 
Exception from infringement of patent right 
 
Article 75 
 
It shall not be considered as an injury of the exclusive ri ghts of the patent owner, if 
the subject of the invention appl ies to the products prepared according to the patent, used in 
construction or equipment for ships, airplanes or  road vehicles that belong to some of the 
countries from the Paris Union or  WTO, when that ve hicle temporarily or accidentally is on  IP/N/1/MKD/I/2 
 Page 27 
 
 
  the territory of the Republic of Macedonia, un der the condition that the integrated product 
serves exclusively for the purposes of that vehicle. 
 
Compulsory license 
 
Article 76 
 
(1) If the patent-owner does not exploit the protected inve ntion or exploits it to the 
extent which is insufficient to satisfy the n eeds of the Macedonian market, and refuses to 
conclude  a license agreement or sets forth non-m arket conditions for conclusion of such 
agreement, the right of use of the invention ma y be given to another pe rson with obligation to 
pay remuneration to the patent-owner. 
(2) Compulsory license shall not be given if  the patent-owner proves the existence of 
legitimate reasons justifying the non-exploitation or insufficient exploitation of the protected 
invention. 
 
Request for a compulsory license 
 
Article 77 
 
(1) A request for a compulsory license cannot  be put forward  before expiry of the 
period of four years from the filing date of the Patent application, i.e. before expiry of the 
period of three years from the date of granting of the patent, if this peri od is of later expiry 
date. 
 (2) If the benefit from the protected inven tion is of a public interest, such as: health, 
defense, protection, promotion of  the environment or is of special inte rest for a certain 
economic field, the compulsory license may be  given before expiry of the period from 
paragraph (1) of this article.” 
 
Processing of a request for a compulsory license 
 
Article 78 
 
The request for issue of a compulsory licen se shall be decided upon by the court in a 
litigation procedure, on the bases of previ ously supplied opinion from a State body of the 
State Administration competent for issues from the field relevant for the license. 
 
Remuneration 
 
Article 79 
 
(1) Where compulsory license is granted, th e patent-owner has the right to adequate 
remuneration.  
(2) The amount of the remuneration is agr eed by the patent-owner and the user to 
whom the license was granted, i.e. who shall be  using the invention pr otected with patent.  
(3) If agreement is not achieved, the amount of the remuneration shall be prescribedby 
the competent court.  IP/N/1/MKD/I/2 
Page 28  
 
  (4) The absence of agreement or court decisi on referred to in paragraph (3) of this 
Article shall not prevent the person who was gr anted license from exploiting the invention.  
 
Duration of compulsory license 
 
Article 80 
 
(1) Compulsory license shall not be exclusive. 
(2) The duration of the compulsory license shall be connected exclusively with the 
duration of the reasons it had been granted for. 
(3) The compulsory license shall not be transferable.  
 
Compulsory license of dependant patent 
 
Article 81 
 
(1) Compulsory license may also be gran ted if the invention protected by patent 
cannot be exploited fully or partially withou t using some other inve ntion protected with 
previous patent where the later invention, which is a more signif icant technical pr ogress, is of 
particular significance to state economy  or for supplying the general needs. 
(2) If compulsory licen se is granted under paragraph (1) of this Article, the owner of 
the former patent may request compulsory licen se for exploiting the invention of the later 
patent.  
 
Applications filed to the Office in th e capacity of  a receiving Office,  
according to the PCT 
 
Article 81-a 
 
 (1) International applications filed to th e Office as a reception office according to the 
PCT, shall be governed by the provisions of th e PCT and by the provisio ns of this law.  
 (2) The application from article (1) of this article shall be submitted in English 
language.  (3) The contents and form of the request for the applications from paragraph (1) of 
this article shall be prescribed by the regul ation issued by the Dir ector of the Office. 
 
Applications for which the Office is desi gnated or elected according to the PCT 
 
Article 81-b 
 
 (1) The provisions from the PCT, and the pr ovisions from this law, shall be applied to 
the applications filed to the Office as a desi gnated or elected office according to the PCT.  
  (2) The contents and form of the request for the applications fr om paragraph (1) of 
this article shall be prescribed by the regul ation issued by the Director of the Office. 
  IP/N/1/MKD/I/2 
 Page 29 
 
 
  Applications that are filed acco rding to the Extension Agreement 
 
Article 81-c 
 
 (1) The provisions from the Extension Agreem ent, and the provisions from this law shall 
apply for the applications that are submitted according to the Extension Agreement 
  (2) The contents and form of the request for the applications from paragraph (1) of this 
article shall be prescribed by the regulati on issued by the Director of the Office. 
 
 
PART TWO 
 
INDUSTRIAL DESIGN 
 
Object of protection 
 
Article 82 
 
(1) Industrial design right shall protect ne w appearance of body, picture, drawing, 
contours, composition of colors, texture, or combination of th ese features applicable on 
certain industrial or handcraft products or part thereof to the extent that it fulfils the requirements as to novelty and individual character. 
(2) For the purpose of this Law, the term "d esign" shall be use for new appearance of 
body, picture, drawing, contours, composition of colors, texture, or combination of these 
features applicable on ce rtain industrial or handcra ft products or part ther eof to the extent that 
it fulfils the requirements as to  novelty and individual character. 
 
Product and parts of product 
 
Article 83 
 
(1) The product under Article 82 paragraph (1) of this Law shall be any industrial or 
handcraft object, including parts intended for incorporation in a complex product. 
(2) Under this Law, the product shall be complex where it consists of different 
physical parts united in one physical unit, as well  as a number of independent parts that form 
that unit. 
(3) The design transferred to a product, which is intended for an integration into 
another more complex product, may be protecte d as an industrial desi gn, if the integrated 
part, for which protection is requested, remains visible in normal use of the complex product, 
and when the visible design of the integrated part, independently fulfills the requirements for 
novelty and individual character.  
(4) Normal use referred to in paragraph (3 ) of this Article shall refer to use with 
purpose by the user of the produc t and shall not apply to main tenance and repairing of the 
product. 
 IP/N/1/MKD/I/2 
Page 30  
 
  Novelty of design 
 
Article 84 
 
(1) A design of product shall be considered  new under this Law if it is essentially 
different from any design previously applied fo r protection or made av ailable to the public 
prior to the filing date of the application, except if the application was withdrawn before the 
publication of the decision for gr ant of industrial design right. 
(2) The design shall be deemed to have been  made available to the public if it has 
been published as application or granted industr ial design right, if it ha s been exhibited or 
used in trade or if it has been  disclosed otherwise in  the normal course of business that has 
made it known to the relevant business ci rcles specialized in the given field. 
(3) The fact that the filed design was made  available to the public no more than six 
months prior to the filing date of the applica tion without consent from the applicant shall not 
influence the assessment of nove lty and individual character. 
 
Individual character 
 
Article 85 
 
(1) Designs of products shall be considered identical when if features differ only in 
insignificant details. 
(2) Design of product shall be considered to have individu al character if a skilled 
person can immediately notice individual char acter compared to any design which was 
previously made available to the public. 
(3) Design of product shall not be  considered to have indivi dual character for the sole 
fact that its application refers  to other industrial or handcra ft products or parts thereof. 
 
Absolute grounds for refusal 
 
Article 86 
 
(1) An industrial design right shall no t protect a design of product which: 
 1) is contrary to law or morality;  
            2) presen ts technical plan or scheme;  
3) exclusively presents cart ographic or photographic work;  
4) contains national coat of arms or any ot her public coat of arms, flag or  emblem, 
name or abbreviated name of a country or international organization, unless with 
consent from competent authority of  that country or organization;  
5) contains or imitates appearance  of a famous person, unless with consent from that 
person or the government body competent for general administrative affairs in the 
case of a deceased famous person;  
 (2) The Ministry of Justice shall be the competent body fo r the Republic of 
Macedonia for issuing the permit from paragraph (1), items 4), and 5).  
  IP/N/1/MKD/I/2 
 Page 31 
 
 
  Relative grounds for refusal 
 
Article 87 
 
(1) An industrial design right ma y not protect design of product: 
 1) which is not new under Article 84 of this Law;  2) which has no individual character  under Article 85 of this Law;  
3) which is exclusively dictat ed by the type of that product or the product in which it 
is incorporated, or by the technical or functional characteristics necessary for 
achievement of a certain technical result  or normal function of any of those 
products; 
4) which infringes previously granted rights of the holder.  (2) Grounds for exclusion from protection by industrial design ri ght under paragraph 
(1) item 4 of this Article may be invoked only by the applicant of ear lier application or the 
owner of earlier right. 
 
Applicant 
 
Article 88 
 
(1) The autor or his successor in title shal l be entitled to initiate procedure for 
acquiring industrial design right. 
(2) If several autors have jointly created an industrial design, all the autors or their 
successors in title shall be deemed entitled  to initiate a procedure referred to in paragraph (1) 
of this Article. 
 
Autor 
 
Article 89 
 
(1) Autor shall be the person who created the design in the course of his creative 
work. 
(2) A person who only provided technical assistance in the creation of industrial 
design shall not be deemed to be autor. 
  
Autor’s successor in title 
 
Article 90 
 
(1) Autor’s successor in title shall be legal or natural person enti tled to acquire an 
industrial design right by  virtue of law, legal business,  inheritance or court decision.  
(2) The employer shall be considered to be au tor’s successor in title if by virtue of law 
or employment contract he ha s the right to acqui re industrial desi gn created under the 
inventor’s employment.   
 IP/N/1/MKD/I/2 
Page 32  
 
  Initiation of procedure 
 
Article 91 
 
(1) The procedure for grant of an industria l design right shall be initiated by filing  an 
application for industrial de sign right to the Office. 
(2) The procedure for grant of an industrial design right may also be initiated by filing  
an international application for industria l design right under the Hague Agreement. 
(3) The procedure for international regist ry of industrial desi gn, according to the 
provisions of the Hague Agreement, shall be in itiated by a submission of an application for 
international registry of industr ial design, directly to the Inte rnational Bureau of the World 
Intellectual Property Organization. 
 
Uniqueness of design 
 
Article 92 
 
 (1) Separate application is submitted for each design for which protection is 
requested.      (2) Protection of more product designs (multiple application) may be required with a 
single application for recognition of  the right to industrial design. 
     (3) If a multiple application is applie d, all designs from the application must be 
intended to be used in products classified in  the same class, according to the Locarno 
classification.   (4) The multiple application may contain maximum of a hundred designs. 
 
Priority right 
 
Article 93 
 
(1) As from the date of filing of a proper application of industrial design in the Office, 
the applicant shall have the right to acquire priority right over any other person who shall later file an application for the same design.  
(2) Exception to paragraph (1) of this Article shall be the case when the conditions for 
filing an application for industr ial design under Articles 94 and 95 of this Law are fulfilled.  
 
Exhibition priority right 
 
Article 94 
 
(1) A person who has exhibited design at an officially recognized international 
exhibition or fair in the Republic  of Macedonia or in any of th e states member of the Paris 
Union or the WTO may claim in his application th at the date of first day of exhibition of the 
design be accorded as priority  date within 3 months from date of the closing of  the exhibition 
or fair. 
(2) The application referred to  in paragraph (1) of this Article shall be accompanied 
by a certificate issued by a compet ent authority of the state memb er of the Paris Union or the 
WTO proving that the exhibition or fair wa s recognized within the meaning of the  IP/N/1/MKD/I/2 
 Page 33 
 
 
  Convention for International Exhibitions and sha ll indicate the type of exhibition or fair, its 
place, its opening and closing date or the date of use. 
 
Union priority right 
 
Article 95 
 
(1) Any legal or natural person who has file d a proper industrial design application in 
any of the states member of the Paris Union or of the WTO  shall be gr anted priority right in 
the Republic of Macedonia from the date of filing the first  application provided that it is 
claimed within 6 months from the filing date.  
(2) The application under para graph (1) of this Article sh all be considered proper if 
the filing date is prescribed under the national legislation of the state member of the Paris 
Union or the WTO in which it was filed or in  accordance with the international agreements 
made  between the states member of the Union, rega rdless of the future legal outcome of the 
application.  
 
Obligations of applicant for union priority right 
 
Article 96 
 
(1) The applicant who intends to use the pr iority right under Article 95 of this Law  
shall be obliged in the applica tion filed in the Republic of M acedonia to give all information 
on the application the priority to which is clai med and, no later than three months from the 
date of filing of the applica tion, to submit a copy of the firs t application ce rtified by the 
competent authority of the state member of th e Paris Union or the WTO with which the first 
application was filed.  
Multiple priority right 
 
Article 97 
 
(1) The applicant may file a claim for grant of  multiple priority right on the basis of 
several earlier applications filed in one or more states member of the Paris Union or the WTO.  
(2) Where  multiple priority right is claimed, the time limits under this Law shall run  
from the date of granted priority right starting fr om the earliest date of multiple priority right.   
 
Certificate for priority right 
 
Article 98 
 
(1) On request of the applicant, the Office sh all issue a certificate of priority right as 
of filing date of the appli cation for industrial design.  
(2) The contents of the request and the contents of the certificate for the priority right shall be 
prescribed by the regulation issued  by the Director of the Office. 
 IP/N/1/MKD/I/2 
Page 34  
 
  Contents of application 
 
Article 99 
 
 (1) The Application for industrial design must contain the following: 
 
1) Request for recognition of the right to industrial design; 
2) Data related to the applicant; 
3) Representation of the design, for wh ich protection is requested, and 
4) Description of the design, if it is ne cessary for determination of its novelty. 
  (2) Other components and supplements sh all be delivered together with the 
Application from paragraph (1).  (3) If a request has been filed for prol ongation of publication of  the application for 
two-dimensional industrial desi gn, in context of article 107, paragraph (2) from this law, 
samples of the object for which the design has been applied may be filed together with the 
request, instead of de sign descriptions.  
 (4) The contents and form of the A pplication and the other components and 
supplements added to the Application shall be  prescribed by the re gulation issued by the 
Director of the Office. 
 
Accordance of filing date of application  
 
Article 100 
 
(1) If the applicati on does not contain  the elements provided for in Article 99 
paragraph (1) of this Law, the Office shall notify the applicant that his application is not proper and that filing date cannot be accorded. 
(2) If the filing date of the application ca nnot be accorded, the Office shall invite the 
applicant to correct the defici encies in accordance with Article 99 paragraph (1) of this Law 
within 60 days from the day of  receipt of the notification.  
(3) If the applicant removes the deficiencies in the pres cribed period, the Office shall 
establish the filing date  of the Application. 
(4) Filing date shall be considered to be the date of receipt of a proper application 
within the meaning of Article 99 paragraph (1 ) of this Law, submitted by the applicant under 
the notification. 
(5) If the applicant fails to correct the defici encies within the prescr ibed time limit, the 
application shall be rejected by conclusion. 
 
Register of industrial design applications 
 
Article 101 
 
(1) The application with an established filing date shall be entered in the register of 
industrial design applications.   
(2) The contents and manner of maintenan ce of the Industrial Design Application 
Register and the excerpt from th e Register shall be prescribed by the regulation issued by the 
Director of the Office.  IP/N/1/MKD/I/2 
 Page 35 
 
 
   
Division of industrial design application 
 
Article 102 
 
(1) During the granting procedure, multiple industrial design application may, at the 
applicant’s request, be divided in to two or more applications. 
(2) The request for division of industrial design application may be filed until the 
issuing of the decision for gran t of industrial design right.  
(3) The divided industrial design application shall  maintain the filing date and the 
priority right of the first application. 
(4) The contents of the request for divisional application for industrial design shall be 
prescribed by the regulation issued  by the Director of the Office 
 
Processing application in case of dispute 
 
Article 103 
 
 (1) In case of dispute referring to infringeme nt of the right from the industrial design 
application, the applicant may request the O ffice to proceed the application immediately. 
 
Orderly filed application 
 
Article 104 
 
(1) After the entry  of the industrial design application in the register of industrial 
design applications, the Office shall examine whether: 
 1. the filing fee for the appl ication has been paid; 
2. translation of the application in Mace donian language has been filed, where the 
application is in a foreign language; 
3. the application contains the elements and supplements  under Article 99 of this 
Law; 
4. proper power of attorney has been filed, where the applicatio n was filed through 
representative. 
 (2) If the industrial design applicati on does not contain the basic elements  referred to 
in paragraph (1) of this Article, the Office shal l notify the applicant to correct the prescribed 
deficiencies within 60 days from the day of receipt of the notification.  
(3) On reasoned request of the applicant, the time limit referred to in paragraph (2) of 
this Article may be extended for justif ied reasons by no more than 60 days.  
(4) If the applicant fails to correct the prescribed deficiencies referred to in 
paragraph (2) of this Article within the pres cribed time limit, the Office shall reject the 
industrial design applicati on by issuing a conclusion. 
(5) Where an industrial desi gn application refers to supplements which are not 
included in the application, the O ffice shall notify the applicant th at he may file them within 
the prescribed time limit. If the applicant does no t comply with the notif ication of the Office, 
any reference to the supplements shall be considered to be non-existent.  IP/N/1/MKD/I/2 
Page 36  
 
  (6) If the applicant co rrects the application  within the time limit, the application shall 
be deemed to be orderly filed.  
 
Examination of the conditions for recognition of the right 
 
Article 104- а 
 
If the application is correct, in context of article 104, paragr aph (1) from this law, the 
Office shall eximine whether the conditions for recognition of the right to industrial design 
have been fulfilled. 
 
Decision for refusal of the application  
 
Article 105 
 
 (1) If the applied industria l design cannot be recognized due to some of the reasons 
stated in article 86 from this law, the Office shall adopt a decision for a complete or partial 
refusal of the application. 
 (2) The Office cannot adopt a decision on re fusal of the applic ation for industrial 
design, if the applicant had not been notified pr eviously about the reasons due to which the 
requested right cannot be recognized, i.e. canno t recognize the right in  the requested degree, 
and if the applicant had not been  called in due time to give a statement regarding the reasons. 
(3) The term from paragraph (2) of this article, upon an explained request from the 
applicant, may be extended to six months. 
(4) The applicant cannot additionally change the design during giving of the 
statement. 
 
Payment of expenses  
 
Article 106 
 
(1) If the application of an i ndustrial design fulfills the conditions, in the context of 
article 104, paragraph (1) from this law, and if the design is not excluded from protection, in 
the context of article 86 from this law, the Offi ce shall invite the applicant with a Conclusion, 
within 30 days, to pay the fees for publication of  the data from the application in the Official 
Gazette of the Office 
(2) The Office shall issue a conclusion for rejection of the industrial design 
application if the applicant fails to pay the expenses referred to in paragraph (1) of this Article. 
 
Publication of industrial design application 
 
Article 107 
 
(1) If the applicant complies with Article 106 paragraph (1) of this Law, the Office 
shall publish the contents of the application in the Official Gazette of the Office within 90 
days.   IP/N/1/MKD/I/2 
 Page 37 
 
 
  (2) The publication stated in paragraph (1) from this  article, upon request of the 
applicant, may be prolonged for a period not lo nger than 12 months, counting from the filing 
date of  the application, i.e. the priority date. 
(3) The data from the Application that ar e published in the Official Gazette of the 
Office shall be prescribed by the regulati on issued by the Director of the Office.  
 
Opposition  
 
Article 108 
 
(1) The following may submit an opposition to the Office regarding the published 
Application for industrial design, within 90 days , counting from the date of publication:  
 1) Applicant of a previously applied industr ial design, as well as holder of previously 
recognized right to industrial design;  
2) Holder of a previous right to industrial property,  if its the case of  that right is the 
same as the published industrial design, or the published i ndustrial design is 
similar to it; 
3) Each person who has a copyright to a work, which is the same as the published 
industrial design or the p ublished industrial design is similar to it, and 
4)  Every interested person  who consider es that the published industrial design does 
not fulfill the requirements for novelty and speciality or is exclusively conditioned 
by the functional characteristics of the produc t, in context of ar ticle 87, paragraph 
(1) of this law. 
 (2) The period for  submission of the opposi tion from paragraph (1 ) of this article 
cannot be extended. 
(3) A separate opposition is submitted for each  published Industrial Design 
Application. 
(4) The contents of the opposition, as well as  the conditions for submission shall be 
prescribed by the regulation issued  by the Director of the Office. 
  
Examination of opposition  
 
Article 109 
 
(1) The Office shall examine whether the opposition is filed by the person entitled to 
file opposition within the meaning of Article 108 paragra ph (1) of this La w and whether the 
opposition is filed in the prescribed time limit. 
(2) If the requirements referred to in para graph (1) of this Article are not complied 
with, the Office shall issue a conclu sion on rejection of the opposition. 
(3) If the requirements referred to in paragraph (1) of this Article are complied with, 
the Office shall notify the industrial design ap plicant about the grounds specified in the 
opposition and invite him to make a declaration thereon within prescribed period that cannot 
be longer than 60 days. 
(4) If the appli cant does not declare himself on the reasons specified in the opposition 
within the time limit re ferred to in paragraph (3) of this Ar ticle, the Office shall decide on the 
grounds specified in the opposition. IP/N/1/MKD/I/2 
Page 38  
 
   
 
Deciding on opposition 
 
Article 110 
 
(1) If the applicant declares himself on the grounds specified in the opposition and 
submits a response to it, the O ffice shall examine the justifi cation of the opposition, taking 
into consideration the grounds for opposition and the response to the opposition. 
(2) If the Office establishes that the oppos ition is unjustified, it shall refuse it by 
decision. 
(3) The decision under paragraph (2) of this Ar ticle shall be sent to the applicant and 
to the person who filed the opposition. 
(4) If the Office establishes that the opposition is justified, it shall refuse the industrial 
design application and communicate a written decisi on to that effect to the applicant and to 
the person who filed the opposition. 
  
Grant of industrial design right  
and entry in register 
 
Article 111 
 
(1) If the reasons pres cribed in article 86 and article 87, paragraph (1) from this law 
do not present an impediment for recognition of  the right, the Office shall issue a conclusion 
that all requirements for grant of right to industrial design had been complied with and invite 
the applicant within 30 days to pay the mainte nance fee for the first five-year term of the 
industrial design, the expenses for publication of the industrial de sign in the Official Gazette 
and the expenses for issuing an  industrial design certificate.  
(2) If the applicant pays the fees and e xpenses within the time limit referred to in 
paragraph (1) of this Article, the Office shall issue a decision for grant of right to industrial 
design and enter the granted right in  the industrial designs register.  
(3) If the applicant fails to pay the fees a nd expenses within the time limit referred to 
in paragraph (1) of this Article, the Office sh all issue a conclusion for rejection of the 
application. 
(4) The contents and manner of maintenance of the Industrial Desi gn Register and the 
excerpt from the Register shall be prescribed by the regulation issued by the Director of the 
Office. 
 
Recording changes in the Registers 
 
Article 111- а 
 
 (1)  Changes related to the applicant, holder of the right, and the right itself shall be 
recorded in the Application Register for Indus trial Design and the Industrial Design Register. 
 (2)  The recorded changes, the contents  and form of the re quest, as well as the 
procedure of recording the changes shall be  prescribed by the regulation issued by the 
Director of the Office. 
  
  IP/N/1/MKD/I/2 
 Page 39 
 
 
   
Scope of protection 
 
Article 112 
 
 (1) The decision under Article 111 of this Law determines  the scope of the granted 
protection of the industrial design right presented with the issued description and 
presentation. 
 
Acquisition of industrial design right 
 
Article 113 
 
(1) Industrial design right shall be acquired on the day of the issuing of the decision 
for grant of right and the entry of the industrial design in the register. 
(2) The date of entering the i ndustrial design in the register is the same as the date of 
issuing the decision for gr ant of industrial design. 
 
Publication of industrial design 
 
Article 114 
 
(1) The data on the industrial design shall be  published in the Official Gazette of the 
Office no later than 90 days from the date of en try of the industrial design in the register. 
(2) The data published in the Official Gazette shall be prescribed by the regulations 
issued by the Director of the Office. 
 
Industrial design certificate 
 
Article 115 
 
(1) The industrial design owner shall be i ssued industrial design certificate within six 
months from the date of issuing a d ecision for grant of industrial design. 
(2) The contents of the certificate for i ndustrial design shall be prescribed by the 
regulation issued by the Director of the Office.  
 
Moral rights of autor 
 
Article 116 
 
(1) The autor shall always have  the right to be mentioned as  the autor of the industrial 
design in all the documents and public presentations , irrespective of the fact whether he is the 
applicant or the right-owner. 
(2) The transfer or waiver of the right under paragraph (1 ) of this Article shall be 
considered as nullity. 
(3) If several autors have jointly created an industrial design, all the autors shall have 
equal rights, irrespective of th eir contribution to the creati on of the industrial design, and 
therefore all of them shall have ri ght to be mentioned as autors.  IP/N/1/MKD/I/2 
Page 40  
 
   
 
Exsclusive rights 
 
Article 117 
 
(1) The owner of industrial design shall have the exclusive rights to apply the 
protected industrial design on products and put  on the market produc ts embodying protected 
industrial design. 
(2) The owner of industrial design shall ha ve the right to prohibit any unauthorized 
use of the industrial design by third persons. 
(3) Without consent from the owner of industrial design, third person may not 
manufacture, offer, put on the market, import,  export or use any product that embodies or 
imitates protected industrial design, nor stor e such a product for the specified purposes. 
(4) The owner of industrial de sign is entitled to demand informati on about the origin 
of the product and trade circulation of the product or the documentation relating to that 
product from each person who had put or inte nds to put on the market a product that 
embodies or imitates protected industrial design. 
 
Free use 
 
Article 118 
 
(1) The exclusive industrial design right s under Article 117 of this Law shall not 
affect the use of the product that embodies or on which protected industri al design is applied: 
 1. for private and non-commercial purposes; 2. for the purpose of informing the public or for education, if this  is in compliance 
with good business practices and shall not harm the interests of the right-owner 
and autor; 
3. for experimental and scientific purposes. 
 
Exception from prohibition to  use an industrial design  
 
Article 119 
 
It shall not be considered as an injury of  the exclusive rights of the industrial design 
owner, if products produced according to the industrial design are used in construction or 
equipment for ships, airplanes or road vehicles that belong to some of the countries from the 
Paris Union or WTO, when that vehicle temporarily or accidentally is on the territory of the Republic of Macedonia, under the condition that th e integrated product serves exclusively for 
the purposes of that vehicle. 
 
Right based on prior use 
 
Article 120 
 
(1) The right-owner may not invoke the exclus ive rights in relati on to a third person 
who has been using the same industrial de sign or who has performed the relevant  IP/N/1/MKD/I/2 
 Page 41 
 
 
  preparations for the use of the same industrial design prior to th e filing date of the application 
to the Office or the date of granted priority right, if claimed, provide d that the third person 
created the industrial design without knowledge of the ex istence of industrial design not 
available to the public at that time. 
(2) Third person may not use the industrial design under paragraph (1) of this Article 
in a manner exceeding the boundaries of usual entrepreneurial activities. 
  
Tolerance of use of industrial design 
 
Article 121 
 
(1) The holder of the previously recognized  industrial design does not have the right 
to request cancellation of the later recognized industrial de sign, according to the priority 
right, neither to prohibit use of the later recogn ized identical or sim ilar industrial design, if 
during a period of five years he/she has knowingly tolerated use of that design, unless the 
latter recognized indust rial design has been protected by some abuse. 
(2) The owner of the later granted industr ial design right shoul d have no right to 
prohibit use to the owner of the earli er granted industrial design right. 
  
Term and maintenance of industrial design right 
 
Article 122 
 
(1) The term of industrial design right sh all be 5 years from the filing date of 
industrial design application. 
(2) The industrial design term  may be renewed by periods of  five years up to the total 
of 25 years, provided that the industrial design owner, during the last year of protection or 
within six months upon the expiration of that te rm, files to the Office a request for renewal of 
the industrial design validity and pays the appropriate maintenance fee and expenses. 
(3) The new period of protection shall be gin with the day of expiration of the 
preceding term of protection. 
(4) The contents and form of the request fo r renewal of an industrial design shall be 
prescribed by the regulation issued  by the Director of the Office. 
 
Ceasing of industrial design right 
 
Article 123 
 
(1) An industrial design sh all cease to be valid: 
 1) if the term of the i ndustrial design validity under Ar ticle 122 of this Law has 
expired;  
2) upon a written declaration of  the right-owner on waiver of the industrial design the 
day following the day of filing th e declaration to the Office;  
3) with the lapse of the lega l person or upon the death of the natural pers on who is the 
industrial design owner, on the da y of lapse or death, or with the declaration of a missing 
industrial design owner dead, on th e day of the coming into force of the declaration, unless IP/N/1/MKD/I/2 
Page 42  
 
  the right has been transferred to the legal successors in title of the legal person or to the heirs 
of the natural person. 
 (2) The ceasing of industrial design validity  shall be entered in the register of 
industrial designs. 
 
Third party rights 
Article 123- а 
 
 (1) If a license, pledge or other right is r ecorded in the Industrial Design Register in 
the interest of a third party, the owner of the industrial de sign cannot waive his/her rights 
without a written consent from the person whose name is on the registered license, guarantee 
or other right. 
 (2) If the owner of  the industrial design fails to pay the prescrib ed duty in the 
prescribedperiod, and a license, a pledge or other ri ght have been recorded in the interest of a 
third party, the Office  shall inform that person  that the duty has not be en paid, and that the 
person may pay the same within six months from the date of notification, and with that retain 
the  registered right.  
(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 d ecide that the industrial design 
right should be transferred to th e person holder of a license, ple dge or other right  until the 
fulfillment of the obligations. 
 
 
PART THREE 
 
TRADEMARK  
 
Object of trademark protection 
 
Article 124 
 
(1) A trademark shall protect a sign which may be represented graphically and which 
is capable for distinguishing goods or services of one unde rtaking from those of other 
undertakings. 
(2) Trademark shall protect signs capable for distinguishing, in particular: words, 
letters, numerals, pictures, drawings, combin ations of colors, thre e-dimensional forms, 
including shapes of goods or th eir packaging, as well as comb inations 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 125 
 
(1) A sign shall be capable for distinguishi ng if it gives to certain goods or services 
comparing them with the identical or similar goods  or services, a special distinctive character.  IP/N/1/MKD/I/2 
 Page 43 
 
 
  (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 
in trade.  
 
Absolute grounds for refusal 
 
Article 126 
 
(1) A trademark shall not protect a sign: 
 1.   the publishing or use of which is contrary to law or morality;  2.   which cannot be represented graphically;  3.   which is not distinctive, i.e. capable fo r distinguishing goods or services in trade;  
4. which indicates exclusively the kind of goods or servic es, their purpose, time or 
manner of production, geographical origin, qu ality, price, quantity or weight;  
5.   which is customary for designati ng certain kind of goods  or services;  
6.  which exclusively consists  of shape defined by the kind of goods, shape of goods 
necessary to obtain a specific technical resu lt or shape giving a substantial value 
to the goods;  
7.  the appearance of which may create c onfusion in trade and mislead the average 
consumer particularly as to the geogra phical origin, kind, qua lity or any other 
characteristic of the goods or services;  
8. which contains a national coat of arms or other public coat of arms, flag or 
emblem, name or abbreviated name of a country or an international organization, 
as well as imitations thereof, except with authorization from the competent 
authority of the country or organization; 
9. contains or imitates appearance  or name  of a famous person, unless with consent 
from that person, or the government body competent for general administrative 
affairs in the case of deceased famous person;  
10. which contains seal, official sign or hallmarks for control and guarantee of quality 
and imitations thereof; 
11. which contains religious sy mbols or imitations thereof. 
 (2) The signs under paragraph (1) items 3, 4 a nd 5 of this Article may be protected by 
trademark if the applicant proves that durin g the long years of use, the sign acquired 
distinctiveness .  
(3) The Ministry of Justice shall be the competent body fo r the Republic of 
Macedonia for issuing the authorization fr om paragraph (1), items 8), and 9). 
 
Relative grounds for refusal 
 
Article 127 
 
(1) Trademark may not protect a sign: 
 1. which is identical with an ear lier trademark filed or registered  by another  person 
designating the identical ki nd of goods or services; IP/N/1/MKD/I/2 
Page 44  
 
  2. which is identical with or similar to an  earlier trademark, file d or registered by 
another person designating the same or si milar kind of goods or services which 
would mislead the average consumer, includ ing the possibility of association 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 regi stered trademark" shall comprise: 
 1.   trademark enjoying priority right  under the provisions of this Law; 
2. earlier internationally registered trad emark 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 Pa ris Convention or Article 
16(3) from the TRIPs Agreement.  
 (4) Well-known trademark referred to in para graph (3) item 3 of this Article shall be 
in particular trademark known to  the relevant sector of the public and trademark which is 
well-known as a result of re presentation, publication and advertising in the public. 
(5) A trademark shall not protect a sign wh ich infringes earlier acquired 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 person whose name and surnam e or appearance are identical with or 
similar to the published sign;  
3.   the owner of an earlier industrial property right, if th e subject matter of such right 
is identical with or similar to the published sign;  
4.   the person having copyright on the work wh ich is identical with or similar to the 
published sign. 
 (6) A trademark shall not protect a sign wh ich 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 tradem ark application was filed before the expiration 
of the period of nine months, counting from the expiration date of  the trademark validity, 
unless the protection of such a sign is required by the owner in whose name the trademark 
has been protected, or by his successor in title. 
(7) Grounds for exclusion from trademark protection under this Article may be 
invoked only by the applicant of the earlier application or th e owner of the earlier right. 
 
Applicant 
 
Article 128 
 
(1) Procedure for acquiring right to trademar k may be initiated by a natural or legal 
person.  IP/N/1/MKD/I/2 
 Page 45 
 
 
   
Initiation of procedure 
 
Article 129 
 
(1) The procedure for granting of a trademar k 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 fo r 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 130 
 
(1) A trademark application shall contain the following: 
 1) Request for recognition of a trademark right;  
2) Data related to the applicant; 
3) Appearance of the mark for whic h protection is requested, and 
4) 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 re gulation issued by the 
Director of the Office. 
 
Establishing the filing da te of an application 
 
Article 131 
 
(1) If the application does not contain the basic elements provided for in  Article 130 
paragraph (1) of this Law, the Office shall notify the applicant that his application is not proper and that filing date  cannot be established. 
(2) If filing date of the a pplication cannot be establishe d, the Office shall invite the 
applicant to correct the deficiencies in accord ance to Article 130 paragraph (1) of this Law 
within 30 days from the date of  receipt of the notification.  
(3) If the applicant removes the deficiencies in the pres cribed 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 130 paragraph (1) of this Law submitted by the applicant under 
the notification.  
(5) If the applicant fails to correct the de ficiencies within the prescribed time, the 
application shall be re jected by conclusion.  IP/N/1/MKD/I/2 
Page 46  
 
   
Changes to a trademark application 
 
Article 131- а 
 
In the trademark application, with an es tablished filing date , there can be no 
additional changes to the sign itself nor is it pos sible to insert supplemen ts to the list of the 
goods and services. 
 
Trademark Application Register 
 
Article 131-b 
 
  (1) The Application for a trademark shall be recorded in the Trademark Application 
Register.   (2) The contents and manner of maintena nce of the Trademark Application Register 
and the excerpt from the Register shall be pres cribed by the regulation issued by the Director 
of the Office. 
 
Division of trademark application 
 
Article 132 
 
(1) Any trademark application may, at reques t of the applicant, be divided during the 
trademark granting procedure into two or more a pplications 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 app lication shall be allowed if the applicant of the earlier 
application filed a request for pr otection of one trademark for se veral goods or services from 
the International classifica tion 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) The contents of the request for a divi sional application for a trademark shall be 
prescribed by the regulation issued  by the Director of the Office. 
  
Priority right 
 
Article 133 
 
(1) If the trademark application is filed in accordance with Article 130 paragraphs (1) 
of this Law, the applicant shall acquire priority right as from the date of filing of the 
application over any other applicant filing a la ter trademark application for identical or 
similar sign and identical or similar goods or services. 
  IP/N/1/MKD/I/2 
 Page 47 
 
 
  Union priority right 
 
Article 134 
 
(1) Any legal or natural person who had dul y 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 clai med within six months of 
the filing date of the first application.  
(2) The applicant who intends to use the pr iority right under paragraph (1) of this 
Article  shall be obliged in the application filed in the Rep ublic 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 th e application, to submit a copy of  the first appli cation certified 
by the competent authority of the state member of the Paris Union or the WTO with which the first application was filed, as well as translation of the first application in Macedonian 
language. 
 
Exhibition priority right 
 
Article 135 
 
(1) The person who exhibits goods or serv ices marked by a sp ecific sign at an 
officially recognized internati onal exhibition or fair 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 serv ices 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 compet ent authority of the state memb er of the Paris Union or the 
WTO proving that the exhibition or fair wa s recognized within the meaning of the 
Convention for International Exhibitions and indi cate 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 
specified in the application.  
 
When time limits cannot be extended 
 
Article 136 
 
 (1) With grant of priority right under Article 135 of this Law, the time limit under 
Article 134 of this Law shall not be extended. 
 
Certificate for a priority right 
 
Article 136- а 
 
 (1) The Office, upon request of the applicant,  shall issue a Certific ate for the priority 
right, which shall be considered the date pr escribed as a filing date of the trademark 
application.  (2) The contents of the request and the Ce rtificate for the prio rity right shall be 
prescribed by the regulation issued  by the Director of the Office IP/N/1/MKD/I/2 
Page 48  
 
   
Order of proceeding 
 
Article 137 
 
 (1) Trademark applications shall be pr oceeded according to their filing date. 
(2) By way of exception from the provision from paragraph (1) of  this article, the 
applicant may request immediate initiation of  a procedure regardi ng the Application: 
 1. where, request for international registra tion of trademark accor ding to the Madrid 
Agreement has been filed; 
2. there is a dispute referring to  infringement of the right; 
3. where, under other regulations, it is necessa ry to perform earlier registration of a 
trademark. 
 (3) In the cases under paragraph (2) items 2 and 3 of this Article , the applicant shall 
file an individual request for immediate procee ding of the application and pay the prescribed 
fees. 
 
Proper trademark application 
 
Article 138 
 
(1) The trademark applicati on shall be correct if:  
 1.  separate application has been filed under Article 129, para graph (3) of this Law;  
2.  the prescribed application fee has been pa id and evidence of that submitted thereto; 
3. composed in a manner to include al l necessary components and supplements 
prescribed in article 130 from this law a nd the regulation issued by the Director of 
the Office, and  
4. an orderly power of attorney is attached thereto, if the application is filed through 
a representative. 
 
Formal examination of the Application 
 
Article 139 
 
(1) After entering the trademark application in the Application Register, the Office 
shall examin whether it is correct, in context of article 138 from this law. 
(2) If the application is not correct, the Offi ce shall invite the applicant to correct the 
prescribed deficiencies within a period not longe r 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 applicatio n within the prescribed time limit, the 
application shall be deemed to be proper. 
(5) If the applicant fails to correct the defici encies referred to in paragraph (1) of this 
Article within the prescribed time limit, the application shall be rejected by conclusion.  IP/N/1/MKD/I/2 
 Page 49 
 
 
   
Examination of the requirements  for grant of the right   
 
Article 139- а 
 
If the application is correct, in context of  Article 138, 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 140 
 
(2) If the sign for which trademark applicati on is filed is excluded from protection 
in respect to all or some of the specified goods or services on the grounds referred to in Article 126 of this Law, the Office shall issue a decision for refusal  of the application. 
(2) Decision for refusal of trademark appli cation may not be issued if the applicant 
has not been previously notified in writing abou t the grounds for the fu ll or partial exclusion 
from protection and invited to make a declaration thereon in due time. 
(3) The term from paragraph (2) of this article, upon an explained request from the 
applicant, may be extended to six months. 
 
Publication of application 
 
Article 141 
 
(1) If the trademark application fulfills a ll the requirements regarding correctness of 
the application under Article 138 of this Law, if the sign is not excluded from protection 
under Article 126 of this Law and if the prescr ibed publication fee is paid, the data from 
application shall be published in the Official Gazette of the Office. 
(2) The application data published in the Official Gazette of the Office shall be 
prescribed by the regulations issu ed by the Director of the Office. 
 
Opposition 
 
Article 142 
 
(1) Opposition to a published trademark a pplication may, within 90 days from the 
publication date, be filed with the Office by: 
 1.  applicant of an earlier filed trademark application and owner of  earlier registered 
trademark under Article 127 paragraphs  (1) to (4) of this Law;  
2.   the owner of the trademar k 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 person whose name and surname or appearance are identical with or 
similar to the published sign;  
4.  owner of an earlier protected industrial pr operty right, if the s ubject matter of that 
right is identical with or si milar to the published sign;  IP/N/1/MKD/I/2 
Page 50  
 
  5. any person having copyright on the work whic h is identical with or similar to the 
published sign. 
6. The owner of a trademark that has expire d due to the expiration of the term of 
protection, in the context of article 127, paragrap h (6) from this law. 
 (2) The time limit for filing opposition referred to in paragraph (1) of this Article shall 
not be extended. 
(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 opposition 
 
Article 143 
 
(1) The Office shall examine whether the oppos ition is filed by a person entitled to 
file an opposition within the meaning of Article  142 paragraph (1) of this Law and whether 
the opposition is filed in the prescribed time limit. 
(2) If the requirements referred to in para graph (1) of this Article are not complied 
with, the Office shall issue a conclusion for rejection of the opposition. 
(3) If the requirements referred to in paragraph (1) of this Article are complied with, 
the Office shall notify the trademark applican t about the grounds specified in the opposition 
and invite him to make a decl aration thereon within prescrib ed period that cannot be longer 
than 60 days. 
(4) If the applicant does not make a d eclaration on the grounds specified in the 
opposition within the time limit referred to in para graph (3) of this Article, the Office shall 
decide within the boundaries of th e grounds specified in the opposition. 
 
Deciding on opposition 
 
Article 144 
 
(1) If the applicant makes a declaration on the grounds specified in the opposition, the 
Office shall examine the justification of the opposition within the boundaries of the specified 
grounds, taking into considera tion the declaration thereon. 
(2) If the Office establishes that the oppositio n is unjustified, it shall be refused with 
decision. 
(3) The decision under paragraph (2) of this Ar ticle shall be sent to the applicant and 
to the person who filed the opposition. 
(4) If, in the examination procedure on the opposition, the Office establishes that the 
opposition is justified, it shall refuse the trad emark application and submit a written decision 
to that effect to the applicant a nd to the person who filed the opposition. 
  IP/N/1/MKD/I/2 
 Page 51 
 
 
  Grant of trademark righ t and entry in register 
 
Article 145 
 
(1) If the reasons prescribed in arti cle 126, paragraph (1 ) and article 127, 
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 issue a co nclusion that the require ments for grant of a 
trademark right had been fulfilled and invite the applicant within 30 days from receipt of the 
conclusion to pay the fee for maintenance of the trademark for the first ten-year period, the expenses for publication of trademark in the Offi cial Gazette of the Office and the expenses 
for issuing a trademark certificate. 
(2) If the applicant pays the fee and expens es 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 enter the granted right in the trademark register.  
(3) If the applicant fails to pay the fee and e xpenses referred to in paragraph (1) of this 
Article, the trademark application shall be rejected by conclusion. 
(4) The contents and 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 145- а 
 
  (1) Changes related to the a pplicant, owner of the right, and the right itself shall be 
recorded in the Trademark Application Register, and the Trademark Register. 
  (2) The changes recorded, the contents and form of the request, as well as the 
procedure of recording the changes shall be  prescribed by the regulation issued by the 
Director of the Office.  
 
Acquisition of trademark right 
 
Article 146 
 
(1) Trademark right shall be acquired by i ssuing decision for grant of the right and 
entry of the trademark in the trademark register. 
(2) The date of entering the tr ademark in the trademark regist er is the same as the date 
of issuing the decision fo r grant of the trademark.  
 
Publication of trademark 
 
Article 147 
 
(1) The data on the trademark shall be publishe d in the Official G azette of the Office 
within 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. 
 IP/N/1/MKD/I/2 
Page 52  
 
  Trademark certificate 
 
Article 148 
 
(1) The Office shall issue to the owner a trad emark certificate no later than six months 
from the date of publication of the trademar k in the Official Gazette of the Office. 
(2) The contents of the certificate for trad emark shall be prescribed by the regulation 
issued by the Director of the Office. 
 
Exclusive rights 
 
Article 149 
 
(1) The trademark-owner shall have the ex clusive right to use the trademark on the 
market  for marking his goods or services. 
(2) The trademark-owner sha ll have the right to use the symbol ® next to his 
trademark. 
(3) The trademark-owner has the right to prohibit use on the market by a third person, 
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 misl ead 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 is well-known in the Republic of  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 the 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 150 
 
(1) The trademark shall not entitle its owner to prohibit third pers ons to use in trade 
their name, surname, sign or trade name, a ddress, indications on the kind, quality, quantity, 
purpose, value, geographical origin, date of  production of the goods or rendering of the 
services or any other characteris tic of the goods, irrespective of the fact that t hose indications 
are identical with or similar to the trademark or parts thereof, provided that they are used in 
compliance with the good business practices and does not lead to unfair market competition.  IP/N/1/MKD/I/2 
 Page 53 
 
 
  (2) The trademark shall not entitle its owne r to prohibit th ird persons 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, pa rticularly the spare parts thereof, or the kind of services rendered 
in compliance with the good trade practices  and does not lead to unfair competition. 
 
Acquiescence in the use of a trademark 
 
Article 151 
 
(1) The owner of prior trademark right  shall not have the right to require cancellation  
of later trademark on the basis of his earlier priority right nor to prohibit use of the later 
trademark in relation to the goods or services fo r which the later tradem ark has been used, if 
he had acquiesced this use for five consecu tive years, unless the later trademark was 
protected in bad faith. 
(2) The owner of a trademark with later pr iority right shall no t have the right to 
prohibit the use to the owner of  earlier registered trademark. 
 
Exhaustion of right 
 
Article 152 
 
(1) The owner of trademark shall not have the right to prohibit use of the trademark 
for marking goods or services put on the domesti c market by himself or with his consent, 
unless there have been essential changes in the goods, de terioration of their characteristics or 
change of the nature of the goods or se rvices after their put ting on the market.  
  
Reproduction of trademark in publications 
 
Article 153 
 
 (1) If the reproduction of a registered tradem ark 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 edito r of the publication sh all, 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 tradem ark has been registered. 
 
Term of trademark 
 
Article 154 
 
(1) A trademark term shall be 10 years as from the date of filing the trademark 
application. 
(2) A trademark may be renewed indefinite number of times for term of ten years, 
provided that the trademark a pplicant files with the Office a request for renewal of the 
trademark validity and pays the corresponding f ee and procedural expenses during the last 
year of the ten-year term of pr otection or no later than nine m onths after the expiration of the 
validity. IP/N/1/MKD/I/2 
Page 54  
 
  (3) The new period of protection shall begin w ith the day of expira tion of the previous 
ten-year period of protection. 
(4) The contents and form of the request fo r renewal of the right to a trademark shall 
be prescribed by the regulation issu ed by the Director of the Office. 
 
Obligation to use trademark 
 
Article 155 
 
(1) A trademark-owner shall, in order to  maintain the trademark validity, use the 
trademark in respect to the goods or services for which it has been granted, unless there are 
serious reasons for its non-use that do not depend on the trademark-owner’s will. 
(2) The use of trademark within the meaning of  paragraph (1) of this  Article shall also 
include use of the trademark on packages, cat alogues, brochures, manuals, advertisements, 
invoices, correspondence, means fo r electronic commerce, etc.  
(3) The use of a trademark in an insignifi cantly modified form without changing its 
distinctive character and the use of a tradem ark on goods and equipment exclusively for the 
purpose of export shall also be constitute the use thereof. 
(4) The use of a trademark by another person with owner’s consent shall be 
considered to be the use by the owner himself. 
 
Ceasing of trademark right 
 
Article 156 
 
(1) A trademark shall cease to be valid: 
 1.  if the term of protection expires and th e trademark-owner fails to file, within a 
prescribed time limit, a request for renewal of the trademark validity and pay the prescribed fee;  
2.  upon a written declaration of the right-owner on waiver of the trademark, on the 
day following the day of filing th e declaration to the Office;   
3.  with the lapse of the le gal person or upon the death of the natural person who is 
trademark-owner, on the day of lapse or d eath, or with the declaration of a missing 
trademark-owner dead, on the day of the coming into force of the declaration, 
unless the right has been transferred to the legal successors in title of the legal person or to the heirs of the natural person; 
4.  on the basis of a court decision or act of the Office in cases provided for by this 
Law, from the date prescribed in that decision or act. 
 
(2) The trademark shall also seize to be valid when in case of non-activity of the 
owner of the right, it has become a common na me on the market for the goods, i.e. services 
for which it has been registered.  
  IP/N/1/MKD/I/2 
 Page 55 
 
 
  Third party rights 
 
Article 156- а 
 
 (1) If a license, pledge or any other right of a third pers on has been en tered into the 
trademark register, the trademark owner cannot  renounce his rights without written consent 
from the person who is signatory of the license, pledge or other right. 
 (2) If the trademark owner fails to pay th e fee within the prescribed time limit and the 
license, pledge or any other ri ght of a third person has been entered into the trademark 
register, the Office shall notify th at person that the fee has not b een paid, and that in order to 
keep his right he shall have to pay the fee w ithin 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 th at the trademark right 
should be transferred to the person holder of  a license, pledge or other right until the 
fulfillment of the obligations.  
 
Object of protection by collective mark 
 
Article 157 
 
(1) Collective mark shall protect a sign intended for collective designation of the 
goods or services put on the market by an association of legal and natural  persons. 
 
Applicant for collective mark 
 
Article 158 
 
 (1) Applicant for collective mark may be a domestic association of legal and natural 
persons. 
(2) Under this Law and in compliance with the internati onal conventions, which have 
been ratified by the Republic of Macedonia, a pplicant for collective mark may also be a 
foreign legal person.  
 
Contents of application for collective mark 
 
Article 159 
 
(1) The application for collective mark shall be accompanied by a general act or 
contract  for collective mark.  
(2) The general act or contract  referred to in paragraph (1) of this Article shall contain 
name of the firm or of the a pplicant, name of the authority  or person authorized to represent 
the applicant, provisions about the appearance of the sign and the products or services to 
which that sign refers, provision s on who have the right to us e 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-follo wing of the provisions from the general act or 
contract.  IP/N/1/MKD/I/2 
Page 56  
 
   
Recording of the changes in the agreement for a collective trademark 
 
Article 160 
 
 (1) On request of the applicant or the owner of a collective mark, the Office shall 
record into the register any change or amen dment of the agreement regulating the use of a 
collective mark. 
(2) The rights arising 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 161 
 
 (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 ch aracteristics of goods or serv ices of those companies.  
 (2) The provision from Article 126 paragra ph (4) of this Law shall not be applied on 
certification marks.  
 
Contents of application for certification mark 
 
Article 162 
 
(1) The application for certif ication mark shall be accompanied by rules for use of the 
certification mark containing pr ovisions on the quality and other characteristics of the goods 
or services, the control measures that will be  used by the applicant of the certification mark 
and the sanctions he will be applying. 
(2) The owner of the right to certificati on mark may no use that mark for marking 
products and services hi put on the market. 
 
International registration 
 
Article 163 
(1) The trademark-owner or applicant may file an application for international 
registration of the trademark unde r the international agreements and conve ntions ratified by 
the Republic of Macedonia.  
(2) The provisions of this La w shall be applied to all issu es which are not provided for 
by those agreements.  
(3) The application referred to in paragraph (1) of this Ar ticle shall be filed through 
the Office in a procedure prescribed by the regula tions issued by the Dir ector of the Office.  
(4) For the purpose of international regi stration of trademarks under the Madrid 
Agreement and the Madrid Protocol, the public ation of the application under Article 141 of 
this Law shall be replaced with publication of  the international regist ration in the Official 
Gazette of international registrations of tr ademarks of the World Intellectual Property 
Organization.  IP/N/1/MKD/I/2 
 Page 57 
 
 
  (5) The time limit for filing opposition to th e grant of internationally registered 
trademark for the Republic of Macedonia sha ll run as from the first day of the month 
following the month of publication of the Offi cial Gazette of the World International 
Property Organization in which that trademark was published. 
 
 
PART FOUR 
 
APPELLATION OF ORIGIN  
AND GEOGRAPHICAL INDICATION 
 
Subject matter of protection 
 
Article 164 
 
 (1) Geographical name shall be protected with appellation of or igin and geographical 
indication.  (2) Geographical name shall mark products produced by natural or legal persons on a given geographical area.  
Appellation of origin 
 
Article 165 
 
Appellation of origin shall be the geographi cal name of the country, region or place 
marking the product which originates from that region, the quality and particular 
characteristics of which are exclusively or mainly conditioned by the geographical 
environment, including the natural and human factor, an d the production, processing and 
preparation of which are entirely carrie d out in the limited region of origin.  
 
Geographical indication 
 
Article 166 
 
 (1) Geographical indication shall be the ge ographical name of the country, region or 
place marking the product the quality, reputation or other characteristic of which may be 
essentially attributed to the geographical origin.  
 (2) The geographical indication of a produc t may be protected on ly if the production 
and/or processing and/or  preparation for producti on are carried out in th e place of origin.  
 (3) The geographical name which does not comply with the requirements for 
protection with appellation of  origin may be protected as geographical indication.  
 IP/N/1/MKD/I/2 
Page 58  
 
  Origin of raw materials 
 
Article 167 
 
(1) With the exception of the wines and sp irits, the product may be marked with 
appellation of origin even in case when the raw materials for its pr oduction originate from a 
broader region or outside the processing area, provided that: 
 1. the production area of the raw materials is limited or that production of raw 
materials needs special conditions; 
2. the traditional way of production, i.e. the hum an factor, is crucial to the quality 
and particular characteristics of the product.  
 
Traditional names 
 
Article 168 
 
Appellation of origin and geographical i ndication may also be used to protect 
geographical name of a given c ountry, region or place which, in the course of long years of 
use on the market, became generally known as name of the product which originated from that territory, as well as the traditional geographical or non-ge ographical name which refers 
to certain origin of the product and complie s with the requirements under Article 165 and 
Article 166 paragraph (2 ) of this Law.  
 
Scope of protection 
 
Article 169 
 
Geographical name may be used for mark ing natural, agricultural, industrial, 
handcraft and home-made products. 
 
Exceptions from protection 
 
Article 170 
 
(1) A geographical indication or appellati on of origin shall not be granted for 
protection of name of place of origin of a product which: 
 1.  does not meet the requirements under this Law, 2. is against law or morality; 
3.  with its contents may be misleading as to the kind, origin, quality, manner of 
production or other characte ristics of the product; 
4.  is identical to name of a plant variety or animal race, in case in which it may be 
misleading as to the geographi cal origin of the product;  IP/N/1/MKD/I/2 
 Page 59 
 
 
  5.  is identical or similar to a geographica l name or trademark previously registered 
for identical or similar products, when  it may be misleading to the average 
consumer.  
  
Generic names 
 
Article 171 
 
(1) A geographical indication or appellation of origin shall not be granted protection if 
the name of the place of origin of a product ha s become a common name for a certain type of 
products as a result of long y ears of presence on the market. 
(2) The name of the place of origin pr otected by a geographical indication or 
appellation of origin may not become generic. 
  
Homonyms 
 
Article 172 
 
 If the names of two or more  places of origin of a product are the same or almost the 
same in writing, protection of such geograp hical names with geographical indication or 
appellation of origin shall be  granted to all persons who comply with the requirements under 
this Law and in the manner prescribed in the regulations issued by the Director of the Office, on the principles of equitable treatment of producers on the mark et and truthful informing of 
consumers, except when it may mislead the public as to the true geographical origin. 
 
Equitable treatment of dome stic and foreign persons 
 
Article 173 
 
 (1) Geographical name may be protected in favor of a foreign natural or legal person 
and he may be registered as authorized user of the protected geographical name only if those 
rights have been granted in the countries of origin and if the requirements under this Law are 
fulfilled.   (2) Foreign natural and legal person ma y be granted the rights referred to in 
paragraph (1) of this Article if that results from the international agreements ratified by the Republic of Macedonia or on the grounds of bilateral agreement for mutual protection if so 
provided in the legislation of the person’s country of origin. 
 (3) The geographical name which has al ready been protected with geographical 
indication or appellation of orig in in the Republic of Macedonia may also be protected abroad 
on the grounds of bilateral agreements for mutual protection or the international agreements 
ratified by the Republic of Macedonia.   
 (4) The application for pr otection in a foreign country  may be filed only by the 
authorized users of
 geographical names who have been entered in the adequate register kept by the 
Office.  
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  Initiation of procedure 
 
Article 174 
 
The procedure for grant of protection of a geographical name i.e acquisition of the 
right to use a protected geographical name sh all be initiated by filing an application 
containing a request for grant of geographical name  i.e request for grant of the right to use a 
protected geographical name, accompanied by th e other supplements provided for by this 
Law. 
 
Application by foreign person 
 
Article 175 
 
 While filing the application, foreign persons  shall accompany the request for grant of 
geographical name or request for grant of the righ t to use, by a true co py of public certificate 
or another legal act in the official language of  the country of origi n, as evidence that the 
geographical name had been protec ted in that country or that ri ght to use had b een granted to 
the autorized user, as well as certified translation in Macedonian language. 
 
Uniqueness of application 
 
Article 176 
 
One application may refer to protection and grant of the right to use only one 
geographical name relating to only one type of product. 
 
Applicant 
 
Article 177 
 
The application for protection of a geographical name may be filed by: 
 - natural or legal persons which produce a given product and associations having 
capacity to acquire rights and incur liabilities relating to protection and right of use; 
- state administrative body, local administ rative body and chambers interested in 
protection of geographical names in  the region of their activity. 
 
Contents of application for protection of a geografical name 
 
Article 178 
 
 (1) The application for prot ection of geographical name shall contain a request for 
protection of the geographical name with indication that th e requested protection is by 
geographical indication or appellation of origin. 
 (2) The application for protection of geogr aphical name by appellation of origin, apart 
from the request for protection of geographical name, shall also contain elaboration for the 
product which shall be marked with the geographical name.   IP/N/1/MKD/I/2 
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   (3) The application for pr otection of geographical name  by geographical indication, 
apart from the request for protection of geogra phical name, shall also contain specification 
for the product which shall be mark ed with the geographical name.  
 (4) If the Application for protection of a geographical name by ge ografical indication 
is applied for wines and spirits, instead of a specification it contains an elaborate for the 
product.  
(5) The contents and form of the Applica tion from paragraph (1) of this article, the 
elaborate, specification and the other component s and supplements added to the Application 
shall be prescribed with the regulation issued by the Director of the Office. 
 
Elaboration 
 
Article 179 
 
(1) The elaboration shall be prepared by an institution that fulfills the requirements 
provided for in the regulations issued  by the Director of the Office.  
(2) The institution competent on preparing th e elaboration or any other institution that 
fulfills the requirements provided for in the regu lations issued by the Director of the Office 
shall perform the control of the particular characteristics of the product and shall issue evidence for that.  
(3) The applicant for protect ion of geographical name with geographical indication 
shall prepare the specification and guarantee for the data therein.  
 
Registers 
 
Article 180 
 
 (1) The Office shall keep register of app lications for protection of geographical names 
and register of applications for use of protect ed geographical names, register of protected 
geographical names and register of authori zed users of protected geographical name. 
 (2) The contents and the manner of main tenance shall be prescribed with the 
regulation issued by the Dir ector of the Office.    
 (3) On written request of interested pa rty the Office shall issue excerpt from the 
registers.  
 
Acquisition of right 
 
Article 181 
 
(1) Protection of the name of the place of origin of product by geographical indication 
or appellation of origin shall be made by i ssuing a decision and entering the geographical 
name of the product and type of pr oduct to which that name refers  in the register of protected 
geographical names.  
(2) The right to use protected geographi cal names shall be acquired by issuing a 
decision for grant of the right a nd entering it in the register of  authorized user s of protected 
geographical names. 
 IP/N/1/MKD/I/2 
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  Term of protection 
 
Article 182 
 
 (1) The term of the protection of  the geographical name is unlimited. 
  (2) The right for use of the protected geogr aphical name is for a period of five years, 
considering from the day of  adoption of the decision. 
 (3) The validity of the right to use may be renewed for an unlimited number of times, 
by increments of five years each time, under th e condition that the holder of the right, during 
the fifth year of the validity period, submits a request for renewal to the Office for the protected geographical name.   (4) The contents and form of the request fo r renewal of the validity shall be prescribed 
by the regulation issued by th e Director of the Office. 
 (5) The right to use the protected geogr aphical name shall be renewed, if the 
conditions for granting of that right are fulf illed, if the opposite is true, the right shall 
terminate to be valid the following day from th e day of expiry of the fifth year from its 
validity. 
  
Right of use 
 
Article 183 
  
(1) The appellation of origin is a collective right and may be used exclusively by legal 
and natural persons which: 
 1. produce a product the geographical name of which has been protected with 
appellation of origin; 
2. fully perform the production process in th e geographical region specified in the 
elaboration; 
3. are entered in the register of authorized us ers as users of that appellation of origin. 
 (2) The geographical indication is a collectiv e right and may be us ed exclusively by 
legal and natural persons which: 
 1. produce a product the geographical name of which has been protected with 
geographical indication; 
2. perform the production and/or processing an d/or the preparation of the product in 
the geographical region specifi ed in the specification; 
3. are entered in the register  of authorized users as users of that geographical 
indication. 
 
Contents of application for grant of right to use 
 
Article 184 
 
 (1) The Application for recognition of th e right to use contains the following: 
 5) Request for recognition of the  right to use a protected geographical name;  IP/N/1/MKD/I/2 
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  6) Evidence for performing certain activity; 
7) 3) Evidence for a performed control, if gr anting of a right to use the appellation of 
origin is requested, i.e. statement from the applicant, if granting of the right to use 
a geographical indicatio n is required; and 
8) evidence for a performed control, if gran ting is requested of the right to use  
geographical indication in case of wines and spirits. 
  (2) The contents and form of the Applicati on from paragraph (1) of this article, as 
well as the other components and supplements sh all be prescribed with the regulation issued 
by the Director of the Office 
 
Examination of application 
 
Article 185 
 
(1) If the application does not contain al l the necessary elements and supplements 
under this Law and the regulations issued by the Di rector of the Office, the Office shall notify 
the applicant to correct the established defects within 30 days from the day of receipt of the 
notification.  
(2) On reasoned request of the applicant, the time limit referred to in paragraph (1) of 
this Article may, for the justified reasons , be extended by no more than 30 days.  
(3) If the applicant, within the prescribed tim e limit, fails to correct the application or 
pay the expenses for correcting the applicat ion, the Office shall issue a conclusion for 
rejection of the application for protection of geographical name or  the application for use of a 
protected geographical name.  
 
Fulfillment of requirements 
 
Article 186 
 
If under this Law and the regulations issued  by the Director of the Office the Office 
establishes that the application is proper, it shall examine the application and determine whether it complies with the prescribed require ments for protection of geographical name or 
grant of right to authorized user.  
 
Proceeding application and deciding 
 
Article 187 
 
 (1) If the Office determines that the appl ication does not fulfill the requirements for 
protection of geographical name or grant of right  to authorized user of protected geographical 
name, it shall notify the applicant in writing about the grounds for which the geographical 
name cannot be protected or the right to author ized user granted and invite him to declare 
himself thereon within 90 days from the date of receipt of notification. 
(2) On reasoned request of the applicant, the time limit referred to in paragraph (1) of 
this Article may, for justified reasons , be extended by no more than 90 days. 
(3) If the applicant does not, within the pres cribed time limit, declare himself or if he 
does so and the Office decides that it cannot pr otect the geographical name or grant the right IP/N/1/MKD/I/2 
Page 64  
 
  to authorized user of a protected geographical name, it shall issue a deci sion for refusal of the 
application for protection of geographical name  or the application for grant of right of 
authorized user of geographical name.  
(4) If in the case referred to in paragraph (3) of this Article the subject matter is an 
application for protection of geogr afical name with appellation of origin which complies with 
the requirements for protection by geographi cal indication, the O ffice shall notify the 
applicant of that fact and, w ith his consent, it shall pr otect geographical name with 
geographical indication.  
 
Granting a decision 
 
Article 188 
 
(1) If the application for protection of  geographical name complies with the 
requirements under this Law, the Office sha ll issue a decision for protection of the 
geographical name and enter it in the regi ster of protected geographical names.  
(2) If the application for grant of right to authorized user of geographical name 
complies with the requirements under this La w, the Office shall invite by conclusion the 
applicant to pay within 30 days from the date of receipt of conclusion the, fee for grant of 
right of authorized user of ge ographical name for the first 5 y ears, the expenses for publishing 
the data on the granted right to use a prot ected geographical name and the expenses for 
issuing a certificate, as well as to submit evidence of the payments.  
(3) If the applicant fails to submit evidence  of the made payments within the time 
limit referred to in paragraph (2) of this Article, the Office shall issue a conclusion for rejection to grant right to  authorized user of prot ected geographical name.  
 
Entry into registers 
 
Article 189 
 
 If the applicant submits  evidence of the made payments under Article 188 
paragraph (2) of this Law, the Office shall i ssue a decision for grant of right to authorized 
user and enter the name of the applicant in th e register of authori zed users of protected 
geographical name and the register of protected geographical names.  
 
Publication of protected geographical name 
 
Article 190 
 
 (1) The publication of the protected geographi cal name in the Offi cial Gazette of the 
Office shall be done ex officio.  
 (2) The data on the protected geographica l name which are being published in the 
Official Gazette of the Office shall be prescrib ed by the regulations issued by the Director of 
the Office.    IP/N/1/MKD/I/2 
 Page 65 
 
 
  Publication of data on authorized user 
 
Article 191 
 
 (1) When the holder of the user right pays the expenses for public ation of the right of 
authorized user, the Office shall publish the data on the granted righ t of authorized user in the 
Official Gazette.  (2) The data on the granted right of author ized user which are being published in the 
Official Gazette of the Office shall be prescrib ed by the regulations issued by the Director of 
the Office.  
 
Certificate 
 
Article 192 
 
 (1) The Office shall issue a cert ificate for the granted right to an authorized user of the 
protected geographical name, w ithin six months from the day of issuing of the decision. 
 (2) The contents of the certificate from para graph (1) of this article shall be prescribed 
by the regulation issued by th e Director of the Office. 
 
Rights of authorized user 
 
Article 193 
 
 (1) The user of protected geographical name  shall have the right to use it for marking 
exclusively the type of product entered in the regist er of protected geographical names kept 
by the Office.   (2) The right on use shall also refer to th e use of the protected geographical name on 
packages, business certificates  and marketing materials.  
 (3) The manner of marking the products geographical name of which has been protected shall be prescribed by the regulations issued by th e Director of the Office.  
 
Transferability 
 
Article 194 
 
 (1) The right to use the protected geogr aphical indication cannot  be transferred, 
licensed or pledged with  any kind of contract. 
 (2) If the protected geographical name is subject of previously applied for protection 
or registered trademark, that trademark cannot be transferred, licensed, pledged.  
 
Prohibition 
 
Article 195 
 
(1) The users of geographical na mes may request prohibition of: 
 IP/N/1/MKD/I/2 
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  1. direct or indirect unauthorized use of the protected geographical name for 
identical or similar products for th e purpose of acquiring financial gain; 
2. marking products which do not originate from the place of origin indicated 
with the protected geographical name, ev en when the true geographical origin 
of the product is indicated, when translation of it is used or when it is accompanied by additional expressions , like “kind”, “type”, “sort”, 
“imitation”, etc.; 
3. any kind of use of a protected geogr aphical name that damages or takes 
advantage of the reputation of the protected geographical name; 
4. any use of false information which may mislead the consumers as to the 
geographical origin, quality or character istics of the product, placed on the 
packaging, business certificates or othe r documents, giving false impression as 
to the real origin; 
5. any other uses that may mislead the cons umers as to the geographical origin of 
the product. 
 
Free use 
 
Article 196 
 
 (1) The authorized users of protected ge ographical names cannot request prohibition 
due to infringement of the right if the pr otected geographical name is being used for 
information or education of the public in a way that does not damage  their interests.  
 (2) The use of geographical names for the pu rposes under paragraph (1) of this Article 
shall be performed without remuneration.  
 
Changes in register 
 
Article 197 
 
 (1) At a written request of the applicant or the authorized us er of the protected 
geographical name, the Office shall enter in the adequate register all changes regarding the 
granted right of authorized user which occurred after the filing of the application or the grant 
of the right, if they corres pond to the factual situation.  
 (2) If the request refers to  significant changes in the scope of production, the request 
shall be accompanied by eviden ce under Article 178 paragraphs (2) and (3) of this Law, no 
older than six months.   (3) The changes entered in th e register of authorized user s shall be published in the 
Official Gazette of the Office.   (4) The contents and form of the request for the recording of the changes shall be 
prescribed by the regulation issued  by the Director of the Office. 
 
Conditions for revocation of right to use 
 
Article 198 
 
 (1) The decision for grant of  right of use of a protecte d geographical name may be 
revoked if established th at the requirements for protection of geographical name provided for  IP/N/1/MKD/I/2 
 Page 67 
 
 
  by this Law have ceased to exist. In the pr oceeding on the request for revocation of the 
decision for grant of right to us e of a protected geographical name , the authorized user of the 
protected geographical name shall be obliged to prove that there are grounds for grant of the 
right.   
Request for revocation of decision 
 
Article 199 
 
(1) The decision for grant of right to use protected geographical name may be revoked 
ex officio or at proposal of an inte rested party or a public prosecutor. 
 (2) The request for revocation of the decisi on under paragraph (1) of this Article shall 
be filed to the Office in written form. 
(3) The request referred to in paragraph (2 ) of this Article shall be accompanied by 
the necessary evidence. 
(4) The Office shall, within 15 days of r eceiving the request, submit it to the holderr 
of the right of use and invite him to declare hi mself thereon within 30 days from the reception 
of the notification.  
(5) The contents of the request for revocati on of the decision from paragraph (1) of 
this article shall be prescribed with the re gulation issued by the Director of the Office. 
 
Continuation of procedure for revocation of decision 
 
Article 200 
 
 (1) If the person who filed the request for revocation of the decision for grant of right 
to use protected geographical name gives up th e request during the procedure, the Office may 
continue the procedure ex officio.  
(2) The right of use of protected geographica l name granted to a person registered as 
authorized user shall terminate the day after th e issuing of the decision for revocation of that 
right. 
   
 
PART FIVE 
 
JUDICIAL PROTECTION 
 
Infringement of rights 
 
Article 201 
 
(1) The person who shall infringe the right to industrial property under this Law shall 
be responsible for the damage according to the general rules for remuneration of damages.  
(2) The person whose right was infringed ma y request, apart from the remuneration, 
that the court orders the person who had infringe d the right to desist any future infringement, 
confiscate and destroy the products  produced or put on the market  that infringe the right, 
request submission of the documentation and th e data on the person who infringed the right IP/N/1/MKD/I/2 
Page 68  
 
  and publish the decision stating the infringement in the media on expense of the infringing 
party. 
 
Action 
 
Article 202 
 
(1) An action for infringement of the rights  under this Law may be instituted by the 
applicant, the right-owner, the person who was granted exclusive license, the authorized user 
of geographical indication and the appellation of origin or the authorized user of collective 
and certification mark. 
(2) The court may interrupt  the procedure for infringement  of right of applied for 
protection patent, industrial design, tradem ark and use of geographical indication or 
appellation of origin until the Office issues a decision for grant of the right. 
(3) Infringement of applied for protection right or granted right under this Law shall 
be any unauthorized exploitation, disposal , limitation, imitation, association, disturbing 
thereof, etc. which is contrary  to the provision of this Law. 
(4) Imitation within the meaning of paragraph (3 ) of this Article shall be established if 
the average consumer, regardless the type of goods, can notice difference only by paying 
particular attention, i.e. if the trademark is  translation, transcrip tion or transliteration. 
(5) The plaintiff shall accompany the acti on for infringement of patent right by 
adequate written evidence under Article 54 of this Law.  
(6) The court may prescribe the time limit wi thin which the plaintiff has to file the 
evidence under paragraph (5) of this Article.  
(7) If the evidence referred to in paragraph (5) of this Article is not filed within the 
time limit prescribed by the court,  the action shall be rejected. 
 
Time limit for institution of action 
 
Action 203 
 
 The action for infringement of rights under th is Law may be instituted within 3 years 
from the day the plaintiff learnt about the infr ingement and the infringer, and no later than 5 
years from the day of the infringement.  
 
Urgency of procedure 
 
Article 204 
 
 The action for infringement of protec tion of rights under this Law shall be 
expeditious. 
 
Declaring a patent owner i. e. industrial design owner 
 
Article 205 
 
 The inventor or the autor, his heir or any other successor in title may institute an 
action before the competent court and request to be declared owner of the patent or industrial  IP/N/1/MKD/I/2 
 Page 69 
 
 
  design during the entire term of validity of that patent or indus trial design, if that right was 
granted to a person who is not a inventor or autor, his heir or  any other successor in title. 
 
Entry in register 
 
Article 206 
 
(1) Within 90 days from the date of su bmission of the final judgment accepting the 
request, the plaintiff may request to be entered into the ade quate register as an owner of the 
appropriate right and adequa te certificate to be issued to him by the Office. 
 (2) If the person whose request was accep ted within the time limit referred to in 
paragraph (1) of this Article fails to file a requ est to be entered in the adequate register as 
owner of the granted right,  the right shall be delete d from that register.  
 
Right of third person 
 
Article 207 
 
 The rights which a third pe rson has acquired from the fo rmer right-owner shall also 
apply to the new right-owner if they had been entered  in the adequate register or properly 
filed for registration before the action. 
 
Dispute regarding recognition of authorship 
 
Action 208 
 
(1) The inventor of the patent or the auto r of the industrial desi gn may institute an 
action to the competent court asking to be me ntioned in the application and the documents. 
(2) In case of death of the inventor or autor referred to in paragraph (1) of this Article, 
the right for instituting an action passes on his heirs. 
 
Request for publication of judgment 
 
Article 209 
 
(1) Apart from the request under Article 201 pa ragraph (2) of this Law, the plaintiff 
may also ask for court decision recognizing him as inventor or autor to be published on the expense of the defendant.  
(2) Apart from the request referred to in pa ragraph (1) of this Article, the plaintiff may 
also request remuneration for non-material damage.  
 
Time limit for filing action 
 
Article 210 
 
 The action for infringement of right acco rding to Article 208 of  this law may be 
initiated from the date of filing an application during the entire term of validity of the patent or the industrial design. IP/N/1/MKD/I/2 
Page 70  
 
   
Infringement of moral right 
 
Article 211 
 
 In case of infringement of moral right, th e court may rule the inventor or autor to 
receive adequate remuneration for damage on his personality, honor and reputati on, i.e. for 
non-material damage, if that is prescribed as  justified under the circ umstances in the case, 
particularly the degree of damage and its duration.  
 
Contesting right to trademark 
 
Article 212 
 
(1) Legal or natural person may institute an action and  request the competent court to 
establish that the sign he uses on the market to mark his goods or services  is identical with or 
similar to the trademark used by another lega l or natural person to mark his own goods or 
services of the same or similar type and that that sign was generally known as sign for 
marking of the goods or services of the plaint iff even before the defendant had filed the 
trademark application.  
(2) The plaintiff may ask the court to issue a decision declaring  him trademark-owner. 
(3) The action under paragraph (1) of this Ar ticle shall not be accepted by the court if 
the defendant, the trademark-owne r, proves that he had used the mentioned sign for the same 
or similar type of goods or services even be fore filing the application for as long as the 
plaintiff or longer.  
(4) The action under paragraph (1) of this Article may not  be instituted after the 
expiration of the time limit of 5 years from the date of entering the trademark in the trademark register. 
 
Other cases of disputes regardi ng the right to a trademark 
 
Article 212- а 
 
The person that owns a company at the time of filing of an Application for 
recognition of the right to trad emark, with the name of the co mpany being identical with a 
trademark of another person, that person may dispute that trademark for the same or similar type of goods and services, except if the owne r of the trademark at the time of his filing had 
the same type of company, i.e. the same company name. 
 
  IP/N/1/MKD/I/2 
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  PART SIX 
 
SECURITY MEASURES 
 
Provisional measures 
 
Article 213 
 
The right-owner who can initia te an action for infringement  of his rights under this 
Law may also submit to the court request for ruling provisional measures under the 
conditions and in the manner provided for by the Law on executive procedure. 
 
Submission of data and other documents 
 
Article 214  
 
(1) The right-owner may request the persons who were in any way connected with the 
infringement of the right acqui red under this Law (producer, pub lisher, importer, distributor, 
consignor, owner, seller, owne r of samples, items or mean s with which his right was 
infringed and other persons) to submit the da ta and documents regarding the infringement 
without delay.   (2) If the persons referred to in paragraph (1) of this Article fail to submit the data or document at their disposal, they shall be res ponsible for remuneration of damages caused by 
that failure.   (3) If the right-owner referred to in paragr aph (1) of this Article abuses the data or 
documents acquired from the persons under pa ragraph (1) of this Article, causing them 
damages, he shall be obliged to remunerate the damages unde r the general provisions for 
remuneration of damages. 
 
Border measures 
 
Article 215 
 
 (1) If the right-owner lodge s an application th at the import of given goods in the 
Republic of Macedonia infringes his rights acqui red under this Law, at his request, the 
customs officials may rule the following border measures: 
 1. an authorized customs employee, accompanied by the right-owner or his 
representative, to inspect the goods whic h are being imported and exclude them 
from trade or store them in a safe place, unless the importer has authentic 
evidence on the production of the goods he is importing. 
   (2) At request of the cust oms officials or the importer, the right-owner shall be 
obliged to submit bail for possible damages caused by the measures under paragraph (1) of 
this Article.  
(3) The customs officials shall immediately notify the importer and receiver of goods 
of the ruled measures. IP/N/1/MKD/I/2 
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  (4) The customs officials shall suspend the ruled measures under pa ragraph (1) of this 
Article if the right-owner does not institute an action for infringement of right to the 
competent court within 8 days from  the date of f iling the request. 
 
Civil penalty 
 
Article 216 
 
 (1) During an infringement of rights acqui red under this Law, if the right has been 
infringed intentionally and becau se of omission, the right-owner may request payment of the 
usual remuneration increased by 200%, regard less whether the infringement resulted in 
material damage.    (2) On deciding on the request for paymen t of remuneration under paragraph (1) of 
this Article and determining the amount, the court shall take into consideration all 
circumstances in the case, particularly the degree of guilt of the defendant, the amount of the usual remuneration and the preventive purpose of the penalty.   (3) If the material damage is higher th an the penalty, the ri ght-owner may request 
remuneration of the differen ce until full compensation.  
 
 
PART SEVEN 
 
TRANSFER OF INDUSTRI AL PROPERTY RIGHTS 
 
Agreement for transfer of right 
 
Article 217 
 
(1) The applicant for industrial property right and the right-owner may by agreement 
fully or partially transfer th eir right under the conditions pres cribed by this Law and other 
provisions.  
(2) The agreement for transfer of right shall be filed in wr itten form and the signatures 
of the parties in the agreement shall be certif ied by a notary public.  
(3) On request of one of the parties  in the agreement, the agreement under 
paragraph (2) of this Article sh all be entered in an adequate register kept by the Office.  
(4) The agreement under paragraph (2) of th is Article which has not been filed in 
written form and certified shall not have legal effect.  
(5) The Agreement on Transfer of Right that is  not registered in the adequate register 
of the Office shall not have le gal effect for third persons.  
 
License agreement 
 
Article 218 
 
(1) The applicant for industrial property ri ght and the patent-owner may by agreement 
fully or partially license the use of that right under the conditions  prescribed with  this law and 
with other regulations.  
(2) The license agreement shall be filed in written form.   IP/N/1/MKD/I/2 
 Page 73 
 
 
  (3) If the patent application was filed by  more than one pers on or more than one 
person is patent-owner, consent from all pate nt-owners shall be necessary for concluding a 
license agreement. 
(4) If there is no consent for conclusion of an Agreement for License from 
paragraph (3) of this article, in  relation to delegation of a right to use, the rules for ownership 
shall apply. 
(5) License agreement which has not been filed in written form shall not have legal 
effect. 
(6) The Agreement for License, upon request of  one of the contract ual parties shall be 
entered in the adequate Register in the Office  
(7) License agreement which has not been entered in the adequate register shall not 
have legal effect for third persons.  
 
Elements of license agreement 
 
Article 219 
 
 The license agreement shall contain: file  information, duration of license, scope of 
license, whether the license is exclusive and the amount  of remuneration paid for the licensed 
right, where such remuneration has been agreed.  
 
Declaring license agreement as nullity 
 
Article 220 
 
 In the license agreement, any provision  which  poses limitations to the licensee that 
do not result from the right which is subject matter of the agreement or which is unnecessary 
for maintaining that right sh all be declared as nullity.  
 
 
PART EIGHT 
 
TERMINATION OF PATENT AND TRADE MARK IN CASE OF NON-USE 
 
Termination of patent 
 
Article 221 
 
(1) The Office may issue a decision for termin ation of patent if grant of compulsory 
license could not reach the goal for which it was gr anted, at request of an interested legal or 
natural person and according to previously  acquired opinion of the administrative body 
competent in the area in which the pate nted invention shou ld be exploited. 
(2) The request for terminating the pate nt cannot be filed before expiring of  two years 
from the date of grant of th e first compulsory license.  
(3) The request referred to in paragraph (2) of  this Article shall be filed to the Office 
in a written form.  IP/N/1/MKD/I/2 
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  (4) Within 15 days from the receiving the request, the Office shall submit the request 
to the patent-owner and invite him to declar e himself thereon within  a prescribedperiod not 
longer than 60 days from receiving the notification. 
(5) The contents of the request for termina tion of a patent due to non-use shall be 
prescribed by the regulation issued  by the Director of the Office. 
 
Termination of trademark 
 
Article 222 
 
(1) If the trademark-owner has not used  the trademark for marking the goods or 
services it refers to without justified reasons for over 5 year s continuous period from the date 
of entering the trademark in the trademark register or from the date when the trademark was last used, the Office may at request of an in terested person issue a decision for termination  of 
that trademark.   (2) In the procedure on the request for termination of a trademark, the trademark-
owner shall have to prove that  he is using the trademark.  
 (3) The right to collective mark may also be terminated  if the trademark is not used 
under the general act or contra ct for collective trademark.  
 (4) The request referred to in paragraphs (1) and (3) of this Article shall be filed to the Office in written form.  
(5) Within 15 days from the reception of th e request, the Office shall submit it to the 
trademark-owner and invite him to declare hims elf within a prescribedperiod not longer than 
60 days from the date of reception of the notification.  
(6) The contents of the request for termina tion of the trademark due to non-use shall 
be prescribed by the regulation issu ed by the Director of the Office. 
 
Decision for termination of right 
 
Article 223 
 
(1) The patent and the trademark shall stop being valid the date when the decision of 
the Office for termination enters into force. 
(2) The decision referred to in paragraph (1) of this Article shall be recorded into the 
appropriate register and published in th e Official Gazette of the Office.  
 
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  PART NINE 
 
DECLARING DECISION FOR GRANT OF INDUSTRIAL PROPERTY RIGHTS AS 
NULLITY 
 
Declaring nullity 
 
Article 224 
 
The Decision for grant of the right to industr ial property shall be de clared of nullity, if 
evidence is put forward that the conditions prescr ibed by this law for recognition of that right 
were not there. 
 
Proceeding proposal 
 
Article 225 
 
(1) The decision for grant of industrial pr operty right may be declared of nullity 
during the whole term of protection, ex officio, at proposal of an interested person or at 
proposal of the public prosecutor. 
(2) The proposal for declaring a decision as nullity shall be filed to the Office in a 
written form.  
(3) The proposal under paragraph (1) of th is Article shall be accompanied by the 
necessary evidence. 
(4) The Office shall submit the proposal to the right-owner within 15 days from the 
reception thereof and invite him to declare hi mself thereon within prescribed period that 
cannot be longer than 60 days from the reception of the proposal.  
(5) The contents of the Pr oposal for declaring the Deci sion as nullified shall be 
prescribed with the regulation issu ed by the Director of the Office. 
 
Article 225-a 
 
The Decision to declaration of nullity of  a Decision for granting of the right to 
industrial property shall be entered in the adequate Register, and it shall be published in the 
Official Gazette of the Office. 
 
Weaver of proposal 
 
Article 226 
 
If the person filing the proposal for declar ing as nullity the decision for grant of 
industrial property right renoun ces the proposal during the procedure, the Office may 
continue the procedure ex officio or on request of the owner of that right.  
 
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  PART TEN 
 
REPRESENTATION 
 
Article 227 
 
 (1) In the procedure for protection of industr ial property rights in front of the Office 
and in front of other State Ad ministration bodies, the client may be represented by natural 
and legal persons entered in th e register kept by the Office. 
 (2) In the register referred to in paragra ph (1) of this Article the Office may enter: 
 - natural person who has graduated at the f aculty of law or any technical faculty and 
passed the specialist examination in industrial property or speci al examination in the field 
regulated by this Law an d taken in the Office; 
 - legal person who has at least one employ ee who has graduated at the faculty of law 
or any technical faculty and fu lfils the conditions referred to in item 1 of this Paragraph.  
   (3) The conditions for taking the speci al examination for representatives for 
protection of the rights to indus trial property; the organization, the contents and the Program 
for the special examination; the exam commi ssion; the procedure for conduction of the exam; 
the contents, form, as well as the procedur e after the application for entry in the 
representatives register maintained by the Office for protection of industrial property; the contents of the Representatives Register; publica tion of data from the re presentatives register 
in the Official Gazette of the Office; certificat e for regular representative; the contents, form, 
as well as the procedure after the request for re cording changes in the representatives register; 
the period for application for renewal of the entr y in the representatives register; the contents, 
form, as well as the procedure after the request for renewal of the entry in the representatives 
register and deleting from the representatives register, shall be pr escribed by regulation 
issued by the Director of the Office. 
 
 
PART TEN-a 
 
SUPERVISION 
 
Supervision 
 
Article 227- а 
 
The Ministry of Economy shall conduct supe rvision of the implementation of the 
provisions from this law and the regula tions issued according to this law. 
  IP/N/1/MKD/I/2 
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  Article 227-b 
 
Inspection supervision of the implementation of the provisions from this law, 
regarding trade and the use of th e protected rights to industrial property shall be conducted by 
the State Market Inspectorate.  
  
PART ELEVEN 
 
PENALTY PROVISIONS 
 
Article 228 
 
(1) Fine in the amount of MKD 150,000 to  MKD 300,000 shall be imposed to the 
legal person which: 
 1. performs unauthorized representation of foreign legal and natu ral persons (Article 
16 of this Law); 
2. performs unauthorized use of applied for protection or protected invention (Article 
202 paragraphs (3) and (4) of this Law); 
3. performs unauthorized use or imitation of applied for protection or protected 
industrial design (A rticle 202 paragraphs (3) and (4) of this Law); 
4. performs unauthorized use or imitation of applied for prot ection or protected 
trademark (Article 202 paragraphs  (3) and (4) of this Law); 
5. If an unauthorized person uses the labe l ® for a trademark that has not been 
registered; 
6. performs unauthorized use or imitation of a well-known trademark (Article 202 
paragraphs (3) and (4) of this Law); 
7. performs unauthorized use or imitation of  protected geographi cal name (Article 
202 paragraphs (3) and (4) of this Law); 
8. at request of the right-owner, does not submit the documents and data regarding 
an infringement (Article 201 paragraph (2 ) of this Law and Ar ticle 214 of this 
law). 
 (2) For offences referred to in paragraph (1 ) of this Article, the competent employee 
in the legal person shall also be imposed a fine in the amount of MKD 25,000 to MKD 
50,000.   (3) For offences referred to in paragraph (1 ) of this Article, the legal person shall be 
ruled the security measure prohi bition of performing the activity in the period of six months 
to one year. 
 (4) Fine in the amount of MKD 10 ,000 to MKD 50,000 shall be imposed on the 
person who independently performs economic or professional activity wit hout the capacity of 
legal entity if he performs any of the activities under Article 228 of this Law. 
 (5) Fine in the amount of MKD 10,000 to MKD 50,000 shall be imposed on natural 
person if he performs any of the activ ities under Article 228 of this Law.  
 (6) For offences referred to in paragraph (1) of this Article, the natural person shall be ruled the security measure prohi bition of performing the activity in the period of six months 
to one year. IP/N/1/MKD/I/2 
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PART TWELVE 
 
TRANSITIONAL AND FINAL PROVISIONS 
 
Issuing sub-law acts 
 
Article 229 
 
 (1) The regulations provided by in this Law shall be enacted by December 31st 2003 
(2) The Regulation from article 66, paragraph (2 ) of this law shall be issued within a 
period of one year from the day of initi ation of the applicat ion of this law. 
 
Procedures in course 
 
Article 230 
 
 (1) In the administrative pro cedures for recognition of the rights to industrial property 
for applications submitted before the implementation of this law, the provisions from this law shall apply, except for the applications upon wh ich the Office has alre ady undertaken certain 
activities before the implementation of this law.   (2) The procedures for infringement of  industrial property rights which were not 
finished by the date of entry into force of this Law shall be fini shed under the provisions 
which were in force until the date of implementation of this Law.  (3) The procedures for decl aring as nullity a decision fo r grant of industrial property 
rights which were not finished by the date of en try into force of this Law shall be finished 
under the provisions which were in force until the date of implemen tation of this Law. 
 (4) The procedures on patent applications for plant variety and hybrid which were not 
finished by the date of entry into force of this Law shall be fini shed under the provisions 
which were in force until the date of implementation of this Law. 
(5) The provisions under Arti cle 66 paragraph (2) of this Law for extension the term 
of validity of patents with supplementary certifi cate shall be applied to the applications filed 
to the Office after the date of implementation of this Law.    (6) The rights to plant vari ety and hybrid which are valid at the date of entry into 
force of this Law shall continue to be valid und er the provisions which were in force until the 
date of implementation of this Law.  (7) The rights to model and design which are valid at the date of implementation of this Law shall continue to be valid under the provisions of this Law. 
(8) The application for obtaining rights to  industrial property by electronic means 
shall be applied from the moment of creation of conditions for implementation. 
 
Continuity 
 
Article 230- а 
 
 (1) On the day of enforcement of this La w, the Industrial Prope rty Protection Office 
shall continue its operation as a State Office of Industrial Property.  IP/N/1/MKD/I/2 
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(2) The Director of the Industrial Property Protection Office shall continue to perform 
the function of Director of the Office. 
(3) The employees, equipment, fixtures and fittings, as well as other things, the 
archive, documents, operative means and other means from the Industr ial Property Protection 
Office shall be transfe rred in the State Office of Industrial Property  
 
Termination of validity 
 
Article 231 
 
 On the date of application of this Law, the validity of the Industrial Property Law 
(“Official Gazette of the Republic of Macedonia”, No. 45/93) shall terminate. 
 
Entry into force 
 
Article 232 
 
This Law shall enter into force on the eigh th day of its publication in the “Official 
Gazette of the Republic of Macedonia” . 
 
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