Chapter 7: Intellectual property law

There was some development in the area of copyright and neighbouring rights. The Law on copyright and neighbouring rights improved the framework for the licensing of collective rights management (CRM) societies and set a deadline of September 2011 for renewal of the old licences. Alignment of the law with EU acquis remains to be confirmed. However, the CRM societies remain inactive and/or are still to obtain their licences under the new Law on copyright. The administrative capacity of the unit responsible for copyright in the Ministry of Culture remains weak. In the area of copyright and neighbouring rights, the country is moderately advanced.

Good progress was made in the area of industrial property rights. The Law on industrial property was amended to better protect the geographical names of agricultural products and to increase the competences of the State Market Inspectorate (SMI) when seizing counterfeit items. Furthermore, the Law on ratification of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration was adopted. The State Office for Industrial Property (SOIP) signed a 2010-2012 action plan for cooperation with the European Patent Organization. Some management staff of the SOIP resigned; however, a total of 33 staff is sufficient. Activities to raise awareness of intellectual property rights (IPR) continued. Under the TEMPUS programme, the Centre for Intellectual Property Education launched the first specialised master studies on IPR starting with the 2010-2011 academic year. As part of the curriculum for continuous training of the Academy for Judges and Prosecutors, 405 members of the judiciary were trained on IPR in 2010. In the area of industrial property rights, the country remains well advanced.

Progress can be reported as regards enforcement. The Coordination Body for Intellectual Property (CBIP) in 2010 undertook 23 coordinated actions throughout the country to combat piracy and counterfeiting. The CBIP continued to seize counterfeit goods, mainly audio/video CDs, clothing, cigarettes and alcohol, but also toys, software and broadcasting equipment. Cooperation with the Agency for Managing Confiscated Property continued and about 180,000 goods that were the subject of a court decision were publicly destroyed in 2010. The distribution of competences between the law enforcement institutions (SMI, the Customs administration and the Ministry of Interior) remains unclear. Seizure of counterfeit pharmaceutical products started in cooperation with the Bureau on pharmaceuticals, but consumers' awareness of their health risks and threats to their safety remains limited. The number of misdemeanour, civil and criminal proceedings increased; 91 out of 152 cases dealt with by the specialised IPR departments of the 13 basic courts were completed in 2010. 34 fines of between €200 and €1,600 were imposed on legal entities, and 10 individuals were sentenced to 6 months' imprisonment. However, counterfeit products continued to be sold on temporary stalls in the streets, markets and outlets. The trade in counterfeit medicines and fake products via the internet is not subject to criminal prosecution. There is still no reliable enforcement record. A methodology for collecting statistical data has yet to be developed. A system for exchanging data between the law enforcement institutions has yet to be established. Counterfeit channels remain untraced and little was done to tackle the 'counterfeit pyramid'. A central body is needed in order to bring together the various institutions and authorities involved in enforcement related activities and to fully assess the current situation and develop a national strategy and action plan.

Conclusion

Some progress was made in terms of the IPR legal framework. The framework for the licensing of collective rights management societies was improved. The powers of the State Market Inspectorate when seizing counterfeit items were increased. Law enforcement institutions continue to cooperate, but their respective responsibilities with regard to enforcement of intellectual property rights remain unclear. Although the actions of the CBIP continued on a regular basis, counterfeiting and piracy remains widespread. The track record on investigation, prosecution and judicial handling of piracy and counterfeit is not satisfactory. Counterfeit and piracy are not addressed as an aspect of organised crime. The level of awareness of intellectual property rights among the public remains low. Overall, preparations in the area of Intellectual property law are advancing.

Целиот извештај: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/mk_rappor...
Заклучоци: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/conclusio...
Веб: http://ec.europa.eu/enlargement/press_corner/key-documents/reports_nov_2...

Претходно:
2010
2009