Industrial Designs and Models

– Law on Industrial Property, in force since February 23, 2009.
– Regulation on Industrial Design, in force since July 24, 2009.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 24, 1965.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of September 8, 1991.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 8, 1991.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since September 8, 1991.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act since March 22, 2006.
– WTO’s TRIPS Agreement, since April 4, 2003.

Filing

Applicant: the author or a legal entity.

Foreigners: must appoint a local attorney.

Protection of foreigners: they enjoy the same rights as nationals.

Naming the author: must be named in the application; if he does not wish to appear on the document, he must sign the appropriate declaration.

Kinds of protection – models: new shapes of industrial or manufactured products, or parts thereof; designs: new pictures or drawings transformable to industrial or manufactured products.

Exceptions to protection: shapes, pictures or drawings, (1) publication or use of which are contrary to law or morality; (2) which present technical plan or scheme; (3) which exclusively present cartographic or photographic work; (4) which contain a state or other armorial bearing, flag or emblem, or the name or abbreviation of the name of a country or international organization, except with the appropriate consent; (5) which contain or imitate the appearance of a famous person, unless with consent from that person or the government body competent for general administrative affairs in the case of a deceased famous person; (6) which contain or imitate name, shape or other recognizable part of protected cultural inheritance in the Republic of North Macedonia, except with permission from a competent state administrative body.

Novelty: only with respect to the territory of North Macedonia.

Series applications: one application may contain more than one model or design belonging to the same class.

Priorities: Convention (six months) and exhibition (three months following the closing date of the exhibition or fair).

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Short description of the model or design, and of the novelty and purpose thereof;
3. 3 sets of photographs or formal drawings;
4. Priority document (if any), to be filed within three months of the filing date.

Electronic filing: not available. 

Electronic signatures: accepted for the POA.

For a change of name:
1. An official document/extract issued by the Companies Register or other relevant institution (must be in original or a certified copy and notarized);
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.

Examination

Formal examination: all applications are subjected to an examination as to the formal correctness (no examination as to novelty).

Publication: the Office shall publish the application data in the Official Gazette.

Opposition to the published application for an industrial design may be lodged at the Office within ninety days, starting from the date of the publication by: (1) (a) an applicant of a design registration previously applied for; (b) a holder of a previously recognized industrial design right; (c) a holder of a previously acquired industrial property right, if the subject of that right is identical or similar to the published industrial design; (2) a person who has the copyright to a work identical or similar to the published industrial design; and (3) an interested person who believes that the published design is not in compliance with the requirements for innovation and individual character or that it is exclusively restricted by the functional characteristics of the product.

Granting

Granting: if no opposition was filed or if the Office decides that the opposition is not justified, a decision of grant is issued. The data is then published in the Official Gazette, and a registration certificate issued (in paper format) not later than six months from the date of publication.

Duration – extension: five years plus four five-year extensions of term.

Assignment: must be in a written form and registered at the Office.

Licenses: exclusive and non-exclusive; must he registered.

Modification of Protection after Registration

Right of prior user: the design/model has no effect against persons who, at the time of application, have already used it on the territory of North Macedonia, or have made the necessary arrangements for using it.

Infringement: legal action against infringement may be started within five years from the date when the infringement took place.

Nullification: during the entire period of validity, by submitting appropriate evidence.