4.7. Chapter 7: Intellectual property law

Some progress has been made on copyright and neighbouring rights. A new Law on
copyright and neighbouring rights was enacted with an aim to reach alignment with the
Enforcement Directive. Following best international practice, copyright royalties will be
calculated on the basis of the income instead of the profit. The website of the Ministry of
Culture on copyright protection is now regularly updated. The decisions of the Ministry of
Culture to suspend the activities of two of the three collective rights management (CRM)
societies were annulled following a decision of the Administrative Court. However, the
Ministry of Culture did not reinstate these two CRM societies’ licences. Only the Association
for Protection of Copyright on Musical Works (ZAMP) is currently active. The unit
responsible for copyright in the Ministry of Culture remains understaffed, with only four
employees. In the area of copyright and neighbouring rights the country is moderately
advanced.

Further progress has been made in the area of industrial property rights. The Criminal Code was amended to better define intellectual property rights (IPR) infringements and to increase the maximum prison term to five years. The country ratified the Patent Law Treaty, the
Vienna Agreement for establishing an international classification of the figurative elements of
marks, the Singapore Treaty on the law on trademarks, the Lisbon Agreement for the
protection of appellations of origin and their international registration, and the Protocol
amending the Agreement on trade-related aspects of intellectual property (TRIPS). The
staffing of the State Office for Industrial Property (SOIP) remains sufficient even though it
has decreased from 34 to 32 in 2010. Activities to raise awareness of IPR issues were held in
cooperation with the World Intellectual Property Organisation (WIPO), the European Patent
Office, the European Patent Academy, the Skopje Law Faculty, and the Academy for training
of judges and prosecutors. In the area of industrial property rights the country is well
advanced.

Some progress can be reported as regards enforcement. The national strategy for intellectual property is being implemented. The Coordination Body for Intellectual Property (CBIP)
adopted its operational programme for combating piracy and counterfeiting. The CBIP
continued to take regular action throughout the country and seized about 130,000 counterfeit
products and closed 10 outlets in 2009. Information about the activities of the CBIP is
published monthly. Goods seized were mainly counterfeit audio/video CDs, clothing,
cigarettes and alcohol. Those goods that were the subject of a court decision were forwarded
to the Agency for Managing Confiscated Property and publicly destroyed. A group of
customs officers was trained to specifically deal with combating counterfeiting and piracy.
State market inspectors received training to recognise counterfeit products. However, the
division of competences between the law enforcement institutions is not clear. Awareness of
the health and safety risks of counterfeit pharmaceutical products is limited. A reliable
enforcement record is still missing. A system for exchanging data between the law
enforcement institutions has yet to be established and the method for collecting statistical data
on enforcement is underdeveloped. Counterfeit channels are rarely traced and little was
undertaken to eradicate the top of the counterfeit pyramid. The number of misdemeanour,
civil and criminal proceedings remains unsatisfactory. Only 23 out of 98 cases dealt with by
the specialised IPR departments of the 13 basic courts were completed in 2009. Fines of up to
€ 1,000 were imposed on legal entities. Criminal and misdemeanour charges were pressed
against individuals, but the selling of counterfeit products on temporary stalls continued.
Cooperation with the Agency for Managing Confiscated Property has been established. As
regards enforcement, the country is moderately advanced.

Conclusion

Some progress has been made in terms of the IPR legal framework. A new Law on copyright
and neighbouring rights was enacted. Law enforcement institutions cooperate, but the division
of responsibilities over IPR enforcement is unclear. The CBIP took regular action; however,
counterfeiting and piracy remains widespread and fake products continue to be sold in the
main streets, markets and outlets. The track record on investigation, prosecution and judicial
handling of piracy and counterfeiting is not satisfactory. The level of awareness of intellectual
property rights among the public remains low.

Од: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/mk_rappor...
Види и за 2009.