1. 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

2. Intellectual Property  COMPETENCES  STATE OFFICE OF INDUSTRIAL PROPERTY: - Industrial Property Rights  MINISTRY OF CULTURE: - Copyright and Related Rights

3. State Office of Industrial Property Location

4. State Office of Industrial Property Organizational structure 34 employees - 4 sectors - 8 units

5. 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

6. 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

7. Ministry of Culture Organizational structure Sector for Copyright and Related Rights

8. Ministry of Culture Legislation Law 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 Copyright and Related Rights 1. TAIEX support 2. Harmonisation with Directive 32004L0048 on Enforcement of the Intellectual Property

9. IP Enforcement Institutions  Customs Administration  Ministry of Interior – Police  State Market Inspectorate

10. Customs Administration Department for non-tarrif measures

11. 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

12. Customs Administration Statistics - 31.01.2008 - 31.01.2009 - 90 cases in import procedure, 84 cases in transit procedure, 3 cases in export procedure - approvals for destroying for 240.132 pieces of goods - 230.233 pieces of goods were destroyed - 9 cases in front of authorized courts for 9.339 pieces of goods - 9 cases in front of the Commission for Customs misdemeanour for 41.769 pieces of goods

13. 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

14. 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)

15. Ministry of Interior Statistics: 31.01.2008 - 31.01.2009 - Undertaken 19 separate actions - Initiated 21 criminal procedures - Seized 10.908 CDs and DVDs

16. State Market Inspectorate Staff 15 inspectors among other competences are responsible for intellectual property rights

17. State Market Inspectorate Legislation  Law on State Market Inspectorate  Law on Copyright and Related Rights  Law on Industrial Property

18. 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

19. 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

20. 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

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

22. 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.

23. Coordinative Body for IPRs

25. JUDICAL SYSTEM OF IP PROTECTION  AUTHORITY:  Basic courts with extended competence  Basic Public Prosecutor  JUDICAL PROCEDURES:  Criminal Procedure  Civil procedure  Misdemeanor procedure

26. 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)

27. 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.

28. 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 for protection of intellectual property rights

29. 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

30. 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

31. THANK YOU! Elizabeta Simonovska betis@ippo.gov.mk State Office of Industrial Property Veljko Vlahovic 11, 1000 Skopje www.ippo.gov.mk