Enforcement of Intellectual Property Rights in the Republic of Macedonia

State Office of Industrial Property of the Republic of Macedonia ______________________________UNECE – SOIP Sub-regional seminar on the commercialization and enforcement of intellectual property rights Skopje, 1-3 April 2009

Intellectual Property

COMPETENCES

STATE OFFICE OF INDUSTRIAL PROPERTY:

- Industrial Property Rights

MINISTRY OF CULTURE:- Copyright and Related Rights

State Office of Industrial Property

Location

State Office of Industrial Property

Organizational structure34 employees - 4 sectors - 8 units

State Office of Industrial Property

Coordinator of the activities regarding: National Program for Adoption of the Acquis

Communautaire - Chapter 3.7 Intellectual Property Rights

National IP Strategy

Administrative assistance for: Coordinative Body for Intellectual

Property

State Office of Industrial Property

Legislation The Law on Industrial Property (Official

Gazette of the Republic of Macedonia No.21/09 from 17 February 2009)

1. Directive 32004L0048 on Enforcement of the Intellectual Property Rights

2. Regulation 32006R0816 on compulsory licensing of patents relating of the manufacture of pharmaceutical products for export of countries with public health problems

3. STLT, PLT and EPC

Ministry of Culture Organizational structure Sector for Copyright and Related Rights

Ministry of Culture

LegislationLaw on Copyright and Related Rights

(Official Gazette of the Republic of Macedonia No./ 47/96, 3/98, 98/02 4/05 and 131/07)

Draft text of a New Law on Copyrightand Related Rights

1. TAIEX support2. Harmonisation with Directive

32004L0048 on Enforcement of the Intellectual Property

IP Enforcement Institutions

Customs Administration

Ministry of Interior – Police

State Market Inspectorate

Customs Administration

Department for non-tarrif measures

Customs Administration

Legislation

Customs Law (Official Gazette of

Republic of Macedonia No.39/2005 and 4/08) Law on customs measures for

protection of intellectual property rights

(Official Gazette of the Republic of

Macedonia No.38/05 and 107/07

Customs Administration

Statistics - 31.01.2008 - 31.01.2009 - 90 cases in import procedure, 84 casesin transit procedure, 3 cases in exportprocedure- approvals for destroying for 240.132 piecesof goods- 230.233 pieces of goods were destroyed - 9 cases in front of authorized courtsfor 9.339 pieces of goods - 9 cases in front of the Commission forCustoms misdemeanour for 41.769pieces of goods

Ministry of Interior

Staff

Central level – in the Division for fight

against economic crime:

- 13 inspectors

In 8 departments for internal affairs with

units for fight against economic crime:

- 26 inspectors

Ministry of Interior

Legislation

Law on Police (Official Gazette of

Republic of Macedonia No./114/2006 and 6/2009) Law on Internal Affairs (Official Gazette of

Republic of Macedonia No./19/95, 15/97,

55/97, 38/2002, 33/2003, 19/2004, 51/2005

and 4/2008)

Ministry of Interior

Statistics: 31.01.2008 - 31.01.2009

- Undertaken 19 separate actions

- Initiated 21 criminal procedures

- Seized 10.908 CDs and DVDs

State Market Inspectorate

Staff

15 inspectors among other

competences are responsible

for intellectual property rights

State Market Inspectorate

Legislation

Law on State Market Inspectorate Law on Copyright and Related

Rights Law on Industrial Property

State Market Inspectorate

Statistics: 31.01.2008 - 31.01.2009

- 58.467 pirated goods were seized

- 117 requests for initiating misdemeanor procedure were filed

- 134 applications to the authorised courts for initiating misdemeanor procedure were filed

- 52.563 peaces of pirated goods were destroyed

Coordinative Body for IPRs

As a result of the clearly expressed

political will of the Government

concerning the fight against

counterfeiting and piracy,

Coordinative Body for IPRs was

established

Coordinative Body for IPRs

Established in April 2007 by Government Decision (Official Gazette of RM No 56/07), as a body competent for providing integrated and efficient management of the administration regime in protection of IP rights.

Composed from the representatives of the following institutions: the Ministry of Interior, Ministry of Culture, State Market Inspectorate, Ministry of Economy, Customs Administration, Ministry of Justice, State Office of Industrial Property, Public Revenue Office and the Secretariat for European Integrations

Coordinative Body for IPRs COMPETENCES Ensures coordinated approach in the protection of

IP rights Undertakes activities directed to creation of

appropriate intellectual property rights protection policy

Proposes measures for the further improvement of the system of enforcement of the IP rights

Presents its results through public media for the purpose of preventive action directed to restrain any further violations ofrights

Prepares reports, which are submitted, to the Government every second weekAll actions were carried out in secrecy.Information about the activities of Coordinative Body is published on the SOIP web site.

Coordinative Body for IPRs STATISTICS - 31.01.2008 - 31.01.2009

73.312 pirated items and 25 computers were seized 40 applications for initiating criminal procedures, 64

applications for initiating misdemeanour procedures, 15 object were closed

86.660 pirated items were destroyed, 265.160 cigarettes boxes, 17.029 l alcohol

Two public actions for destroying of seized goods after finishing of the judicial decisions:

The first action: 33.000 pirated and counterfeited goods were destroyed: 160.000 packs of cigarettes and 10.000 liters of alcohol.

The second action: 53.660 pieces of pirated goods, 7.029 liters of alcohol, 105.160 packs of cigarettes and 3.081 pieces of textile were destroyed.

Coordinative Body for IPRs

Coordinative Body for IPRs

JUDICAL SYSTEM OF IP PROTECTION

AUTHORITY: Basic courts with extended

competence Basic Public Prosecutor JUDICAL PROCEDURES: Criminal Procedure Civil procedure Misdemeanor procedure

JUDICAL PROTECTION

Criminal Procedure – regulated with the Law on the Criminal Procedure

Crimes in relation to industrial property rights - provided in the Criminal Code (“Official Gazette of the Republic of Macedonia” No. 7/08):

1. Unauthorized use of trade name and trademark (Art.285)

2. Unauthorized use of another persons invention (Art.286)

JUDICAL PROTECTION

Criminal Procedure Criminal Code (“Official Gazette of the Republic of

Macedonia” No. 7/08) :

New crimes in relation to copyright and related rights: 1. Violation of the right of the distributor of encrypted satellite

signal, 2. Violation of the right of the film producer and the distributor

of the audiovisual work, and 3. Violation of the right of the phonogram producer.

New incriminations - response to the new types of abuse, related to new technologies.Increased maximum jail penalty for the existing crimes from Article 157 of Criminal Code, for the purpose of achieving greater deterrent effect of the penalties.

JUDICAL PROTECTION

Civil Procedure – regulated with the Law on Civil Procedure

Violations in relation to intellectual property rights - provided in the:

Law on Industrial Property Law on Copyright and Related Rights Law on customs measures forprotection of intellectual property rights

JUDICAL PROTECTION

Misdemeanor Procedure – regulated with the Law on Misdemeanors Misdemeanors in relation to industrial

property rights - provided in the: Law on Industrial Property Misdemeanors in relation to copyright

and related rights - provided in the: Law on Copyright and Related Rights

JUDICAL PROTECTION

Statistics - 31.01.2008 - 31.01.2009

1. Five (5) misdemeanor procedures in front of authorised courts were initiated

2. Fifty-five cases were completed 3. Condemning sentences were imposed to 54

natural persons and 44 legal entities were convicted

4. In total, 12 fines were imposed 5. One court procedure was aborted

THANK YOU!

Elizabeta Simonovskabetis@ippo.gov.mk

State Office of Industrial PropertyVeljko Vlahovic 11, 1000 Skopje

www.ippo.gov.mk