June 15, 2011
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MACEDONIA: Macedonia Adopts Amendments to Industrial Property Law
On February 23, 2011, the Parliament of the Republic of Macedonia ratified amendments to the Law on Industrial Property, which came into force on March 5, 2011.
The primary reason for amending the Law on Industrial Property is that, recently, the Law on Quality of Agricultural Products began regulating Protected Designations of Origin (PDOs) and Protected Geographical Indications (PGIs) for agricultural and dairy products. Thus, the provisions for protection of such products had to be removed from the Law on Industrial Property. Other products with a PDO or PGI remain under the scope of the Law on Industrial Property.
Another significant change concerns the State Market Inspectorate’s enforcement activities. The Law on Industrial Property now obligates the State Market inspectors temporarily to detain counterfeit goods placed on the market, while the old law did not clearly specify what was to be done with such counterfeits. Under the old law, instead of detaining the goods, the inspectors often issued orders for those goods to be removed from the market, but the goods were not destroyed and their fate was unknown. The amendments introduce the possibility of out-of-court settlement.
Finally, the fines for infringers have been reduced, and now range from EUR 700 to EUR 6,000; the maximum fine before the amendments was EUR 8,000.
Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.
© 2011 International Trademark Association