26.08.2015
The Parliament of Republic of Macedonia has approved the new Law on customs measures for the implementation of protection of intellectual property rights, which came into force on 05.06.2015.
With the entry into force of this Law, the Law on Customs Measures for Protection of Intellectual Property (,, Official Gazette “No. 38/05, 107/07, 135/11 and 69/13) repealed. The same applies for all the future subjects, respectively subjects started after the above mentioned term.
The new law, which was developed under the new EU regulation no. 608/2013, introduces significant differences compared to the previous, which was based on the old EU regulation no. 1383/2003.
The differences which directly affect the holders of IP rights are decreasing the costs in the procedure for protection of their rights by lower number of actions that they/their representatives should take.
Namely, the filling of the requests for undertaking/renewal of custom measures now refer to a holder, and not to an IP right and by one action, on one single request form and one payment of fees, all IP rights of one holder are covered.
The new Law also predicts differences in the procedure for seizure:
In case of suspecting goods seized in the custom procedure there are 2 types of procedures:
1. regular - for all subjects except post shipments in amount of max 3 pieces/2kg
2. shorten - only for little value subjects (when the suspicious goods only in post shipments are in amount of max 3 pieces/2kg) For this second procedure the Customs will take actions only on a special request by the holder. Otherwise, if the holder is not interested for subjects of little value, the customs does not take any actions if it finds suspicious goods in import or export procedure and these goods will circulate free, without any notification to the holder.
1. regular procedure:
- the Customs informs the importer that the shipment is seized due to suspecting of IP infringement and gives him time to express himself whether he agrees with destruction of the same, or he opposes the destruction and informs the Customs that the goods are original. At the same time the Customs informs the holder about the seized shipment and asks for confirmation of the counterfeiting nature. The Customs receives responses from both sides in the same time and four situations may arise:
A. the holder states that the goods are counterfeiting, and the importer does not oppose to destruction
B. The holder states that the goods are counterfeiting, and the importer states that the same are original and oppose to the destruction
C. the holder states that the goods are original, and the importer states that the same are original
D. the holder declares that the goods are original, but the importer admits the counterfeiting nature and does not oppose to destruction.
Regarding these four situations, the Customs acts as follows:
A. Continues the procedure until the destruction and informs the holder that a certain shipment has to be destroyed in order the holder to proceed with the destruction forms, fees and the destruction itself.
B. Sends Notification to the holder informing him that he is obliged to start a litigation for IP infringement and to inform the Customs accordingly within 10 working days.
C. Releases the original goods.
D. Sanctions the holder in a way that abolishes the custom measures for a period of one year and informs Macedonian citizens by publishing on Custom’s web site, that his IP rights are no longer under custom supervision.
2. shorten procedure (only on a request by the holder)
- the Customs informs only the importer that the shipment is seized due to suspecting of IP infringement and gives him time to express himself whether he agrees to destruction of the same, or he opposes the destruction and informs the Customs that the goods are original. The Customs does not inform the holder about the seized shipment and in this procedure two situations may arise:
A. the importer does not oppose to destruction
B. the importer states that the goods are original and oppose to the destruction
Regarding these two situations, the Customs acts as follows:
A. Continues the procedure until the destruction and informs the holder for the first time that a certain shipment was seized and has to destroyed in order the holder to proceed with the destruction forms, fees and the destruction itself.
B. Sends Notification to the holder informing him that a certain shipment was seized and he is obliged to start a litigation for IP infringement and inform the Customs accordingly within 10 working days.
Exception is allowed if the goods are original, and then the Customs releases the goods, but regularly the seized shipments are obvious counterfeits regarding the low price, country of origin, company producer and bad quality.
At the end, all counterfeiting goods MUST BE DESTROYED