COVER STORY
The New IPR Challenge
for Macedonian
Companies
Valentin Pepeljugoski, Ph.D.,
Attorney at Law & European Patent Attorney
Law Office Pepeljugoski
T
he start of the negotiations for accession
in the EU will bring new challenge to
the Macedonian enterprises regarding
the protection of the intellectual property
rights (IPRs). Namely, in the period before
and after becoming member to the World
Trade Organization (WTO), the eyes of the
foreign companies, experts, and institutions
were intensively focused on the IPRs regime,
especially our weakest link, the enforcement. In
the period to come we will be witnessing even
more extensive screening of the protection of the
IPRs. In that respect, beside the regulation, the
relevant directorates and commissionaires in the
EU will be concentrated towards the capacities
of the authorized institutions for enforcement of
the regulations, especially the inspectorate, the
public prosecutors, and the judiciary.
As far as the legislation is concerned, we do
not expect major activities in the fields of
patent, trademarks, industrial deigns, and
the geographical indications. However, major
amendment or supplement will be assumed in
the field of copyright law, especially in the field of
media rights and collective enforcement of rights.
The latter will presumably cause problems, due to
the fact that the already announced amendments
in the Law on copyright and related rights are
already one year overdue.
Dynamic Changes in Europe’s IPR Legislation
It is important to note that the legislation activity
regarding the IPRs in the EU is very dynamic
and current, due to the fact that it is an area
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EMERGING MACEDONIA
that undergoes constant changes caused by
the development of new technologies. Currently,
we are witnessing the passing of the legislation
for Unitary Patent and Unified Patent Court. On
the other hand, in the scope of the European
patent organization, there are organizational
and physical changes, with the division of the
European patent office and the Board of Appeal.
The strengthening of the role of the Board of
Appeal requires reform towards strengthening
its managing autonomy, the perception of its
independence, and the new efficiency in the
performance. In the trademark area the changes
of the Community Trademark Regulation brought
changes in the graphical representation, the new
certificated trademarks of the EU were introduced
and also certain aspects of the recognition
procedure were adjusted (priority request,
distinctiveness request as subsidiary, appeal/
cancelation procedure, online communication,
languages and translation).
The Unitary Patent will be available for each
individual, legal or physical person regardless if
it originates from Europe or not and regardless
of whether its country of origin participates in
the scheme or not. The benefit of the Unitary
European System is great for the inventor, but
also for the holders of patents, researchers,
universities, and SMEs, but mostly for the
pharmaceutical industry which is one of the
major consumers of the global and regional
IPRs protection systems. The Decisions of the
European Patent Office in respect of the Unitary
Patent can be appealed in front of the Unified