Amendments to Macedonian Law on Customs Measures Enter into Force

The amendments to the Macedonian Law on Customs Measures for Protection of Intellectual Property Rights came into force on May 14, 2013.

The most significant novelty is that the seized counterfeit textile goods and footwear may be donated to socially disadvantaged people and residents of regions affected by natural disasters.

The law prescribes that the goods can be donated only upon the trademark owner’s consent and the removal of the trademark from the goods. The competent authority will also have to confirm that the goods meet safety requirements.

The costs of transport, warehousing and trademark removal will be covered by the state. The procedure will be conducted under the supervision of the trademark representative and customs officials.

If it is not possible to remove the trademark without permanently damaging the goods and if the trademark owner does not approve the donation, the goods will be destroyed.

The amendments also foresee fines for repeat offenders ranging from EUR 2,500-5,000 (USD 3,300-6,500) for legal persons and EUR 500-1,000 (USD 650-1,300) for natural persons. The fines will be imposed in case of exporting or importing counterfeited goods bearing a trademark that was subject to a previous seizure in which the same legal or natural entity was involved.

By: Zivka Kostovska-Stojkovska

For more information, please contact Zivka Kostovska-Stojkovska at our Macedonia office.