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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 [email protected]
State Office of Industrial PropertyVeljko Vlahovic 11, 1000 Skopje
www.ippo.gov.mk