Amendments to Law on Customs Measures for Protection of IP Rights Enter into Force in Macedonia

The amendments to Macedonia’s Law on Customs Measures for Protection of Intellectual Property Rights entered into force on October 11, 2011.

One of the most significant changes is the possibility for the Macedonian Customs to cancel a granted Customs Watch Application in case the trademark owner violates the statutory provisions.

Until now, if the trademark owner failed to confirm that the seized goods are counterfeit within the 10-day deadline, the customs released the goods. According to the new provisions, temporarily seized goods suspected of being counterfeit may be released only if the trademark owner certifies that the goods are not counterfeit.

If the trademark owner fails to notify the customs authorities whether the goods infringed intellectual property rights within the given deadline, the Customs Watch Application may be cancelled and the trademark owner in that case loses the right to file a Customs Watch Application for the same trademark for a period of one year.

This change is in line with the longstanding policy of zero tolerance for counterfeits propagated by the Macedonian Customs.

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

Source: Official Gazette of the Republic of Macedonia No. 135