Geographical Indications and Appellations of Origins

– Law on Industrial Property, in force since February 23, 2009.
– Regulation on Appellation of Origin of the Product and Geographical Indication, in force since August 13, 2009.

Filing

Applicant: (1) natural or legal persons producing in a certain geographical area a product indicated by the name of that area; (2) a group of producers and manufacturers of the same product irrespective of the composition and form of joining; (3) state administrative body, local self-government unit and chambers interested in protection of geographical name in the area of their activity; (4) foreign natural and legal persons i.e. foreign groups of producers, only if the right of authorized user for the protected geographical name has been granted in the countries of origin and if they fulfill the requirements under the Law. 

Foreigners: must appoint a registered attorney in North Macedonia. 

Protection of foreigners: they enjoy the same rights as nationals, in accordance with international contracts, conventions or on the basis of reciprocity. 

Not registrable: (1) the name of place of origin originally used for indicating products of that place of origin, but after long market sale has become generic i.e. generally known for indicating a definite kind of product; (2) is contrary to the law and morality; (3) by its content may be misleading as to the kind, origin, quality, manner of production or other properties of the product; (4) is equal to the name of a plant variety or animal breed, which might mislead the public regarding the geographical origin; (5) although presents exact name of the country, region or place of product it may provoke false impression to the customer that the product originates from another country, region or place; (6) is not protected in the country of origin or ceased to be used in the country of origin; (7) is identical or similar to the geographical name or trademark registered previously for identical or similar products, when there is probability to mislead the customer. 

Territory covered: the Republic of North Macedonia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Name of the geographical indication or appellation of origin;
3. Evidence that the geographical name is protected in the country of origin. As evidence shall be considered a copy of a public certificate or other legal act in the official language of the country of origin, as well as a certified translation into Macedonian language (one copy);
4. Data for other applicants and statement for joint agent if the application has been filed by several applicants.

Examination

Formal examination: as to the formal correctness and completeness of the application and absolute exceptions to protection. If the application does not contain all the necessary elements and supplements with the Law and the Regulation, the Office shall advise the applicant within thirty days from the date of receipt of the notification to correct the determined shortcomings. Upon elaborated request by the applicant, for justified reasons, the time limit may be prolonged for another thirty days at the latest. If the applicant fails to correct the application within the defined time limit, the Office, by a decision, shall reject the application for protection of the geographical name i.e. the application for granting the right to use the protected geographical name. 

Substantial examination: if the Office determines that the application does not meet the requirements for protection of the geographical name i.e. for granting the right of authorized user of protected geographical name, it shall, in writing, inform the applicant of the reasons for not protecting the geographical name i.e. granting the right of authorized user and will call the applicant within ninety days from the date of receiving the notification to explain the reasons. Upon elaborated request from the applicant, for justified reasons, the time limit may be renewed for another ninety days at the latest. If the applicant, within the prescribed time limit, provides no explanation at all or provides an explanation, and the Office determines that the geographical name cannot be protected i.e. the right of authorized user of the protected geographical name cannot be granted, it shall, by a decision, reject the application for protection of geographical name i.e. the application for granting the right of authorized user of the geographical name.

Granting

Granting: if the application for protection of geographical name with appellation of origin fulfills the requirements to be protected by geographical indication, the Office shall inform the applicant and, with his consent, shall protect the geographical name by a geographical indication, and register it in the Register of Protected Geographical Names. 

Publication: the publishing of a protected geographical name in the official newsletter of the Office shall be made ex officio. The Office also publishes the information for granting the right of authorized user in the newsletter. The Office shall issue the authorized user of protected geographical name a certificate for granted right of authorized user within six months from the date of taking the decision. 

Duration: the protection of geographical name shall be valid indefinitely. The right of using the protected geographical name shall be valid for five years from the date of adopting the decision. 

Renewals: the validity of the right of use may be renewed an indefinite number of times for a period of five years.  Grace period: three months with 25% fine fee; further six months with 100% fine fee. 

Use: the user of protected geographical name shall have the right to use it for indicating exclusively that kind of product which has been registered in the Register of Protected Geographical Names of the Office. The right of use shall also refer to the usage of the protected geographical name on the packing, advertising materials, business identification documents and other business documentation, as well as import and export of products indicated by a geographical name. 

Marking: authorized users of protected geographical name shall have the exclusive right to indicate their products by “Appellation of Origin Controlled” if authorized for using an appellation of origin or “Geographical Indication Controlled” if authorized for using a geographical indication.

Modification of Protection after Registration

Nullification: the decision for granting the right of using the protected geographical name may be revoked if it is determined that the requirements for granting such right ceased to have effect as provided for in the Law. In the procedure, on request for revoking the decision for granting the right of using the protected geographical name, the authorized user of the protected geographical name shall be bound to prove that there are reasons for granting of the right.