The European Commision 2014 report on Macedonia

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I'm posting the EC report on Copyright and Industrial property rights in Macedonia every year for the past 5 years. Here is the latest. For the full text visit: http://ec.europa.eu/enlargement/countries/strategy-and-progress-report/

4.7. Chapter 7: Intellectual property law

The Law on copyright and neighbouring rights was amended to regulate phonogram rights and to ensure alignment with the World Intellectual Property Organisation Performances and Phonograms Treaty. The government appointed the members of the commission for mediation in the field of copyright and neighbouring rights. The capacity of the unit for copyright and neighbouring rights (part of the Ministry of Culture) remains insufficient. Cooperation among the institutions responsible for industrial property needs to improve.

The Law on industrial property rights was amended to regulate intellectual property rights, in accordance with the Strategy on Innovation. A system for electronic filing of patent applications became operational. In 2013, the Academy for Judges and Prosecutors delivered nine training programmes to 205 members of the judiciary on protection of intellectual property rights. The State Office for Industrial Property does not have sufficient staff to ensure a quality service vis-à-vis businesses and to support innovations. Training for small and medium-sized enterprises on protection and enforcement of intellectual property rights is limited.

As regards enforcement, the Coordination Body for Intellectual Property launched 16 actions in 2013 and seized approximately 2,000 counterfeit items. There were 24 criminal prosecutions and 11 charges for misdemeanours relating to intellectual property rights. The State Market Inspectorate carried out around 120 inspections. Only 1% of the fines imposed were collected in 2013. The Agency for Audio and Audiovisual Media Services issued 18 banning orders to broadcasters to prevent further violations of copyright and neighbouring rights. Cooperation between the Ministry for the Interior and Interpol on uncovering regional counterfeit channels resulted in the seizure of 70000 counterfeit items, closure of a number of factories producing counterfeit goods and detention of 330 people. The overall number of controls and seizures is falling however, and commitment to combating violations of intellectual property rights is not improving. Counterfeit foodstuffs, cosmetics, toiletries, medicines, toys, technical and electronic equipment continued to be sold on stalls in streets markets and in outlets. Awareness of violations of intellectual property rights and of the threats to health and safety remains limited. Training for small and medium-sized enterprises on protection and enforcement of intellectual property rights is limited. The three public laboratories are not legally authorised to detect counterfeit medicines and their analyses are not accepted as expert evidence by the courts. Counterfeiting is not considered to be organised crime and efforts to combat it remain insufficient. Data on investigations, prosecutions and trials for offences relating to intellectual property rights have been collected systematically since 2013, but the State Statistical Office has not yet produced a reliable enforcement record.

Conclusion

Some legislative progress was made in the area of intellectual property law. Enforcement efforts by all institutions continue, but the complexity of the enforcement system impedes effective protection of intellectual property rights. A track record of investigations, prosecutions and trials for offences relating to intellectual property rights is not yet available and public awareness remains limited. Overall, preparations in this area are at a moderately advanced stage.