HARMONIZATION OF MACEDONIAN LEGISLATION ON TRADEMARK LAW AS INDUSTRIAL PROPERTY RIGHTS WITH RECOMMENDATIONS FROM THE EUROPEAN UNION

Abstract

According to the positive law of the Republic of North Macedonia, we observe that there are several types of industrial property rights regulated by the Law on Industrial Property as a lex specialis legal act. According to the legal regulations, industrial property rights include patents, industrial design, trademarks, indications of origin, and geographical indications. Trademarks, their civil protection, and the harmonization of Macedonian legislation on trademark law as part of industrial property rights with European Union law, are the focus of interest in this paper. Trademarks protect a sign that can be graphically represented and is suitable for distinguishing the goods or services of one participant in trade from those of another participant in trade.
To become a part of the European Union on the one hand, and to align legal rules with European standards on the other, serious acceptance of proposals and implementation of reforms outlined in the negotiation framework for North Macedonia regarding industrial property rights are necessary. This includes establishing protection and guaranteeing the rights of industrial property following generally accepted rules and principles. Greater engagement of the State Office for Industrial Property is needed in terms of institutional cooperation with EUIPO and WIPO, as well as de facto enforcement of standardized rules, procedures and principles that indicate modern protection of industrial property rights. On the other hand, for the expedient protection of industrial property rights, it is necessary for the judicial authorities to more often apply the decisions made by the European and international judicial authorities through which standardized judicial practice is established at the European and international level.
The purpose of this research is to point out the importance of the adequate protection of the guaranteed trademark rights, which is a prerequisite for fully harmonizing the domestic law of industrial property with the law of the European Union, as the main goal of our country during the negotiation process.
In the preparation of this paper, the descriptive and comparative method was used. These methods allowed me to explain and elaborate the main subject of my research. Through content analysis, teleological interpretation, and rules of logic conclusion, I explain and confirm the set theses of this scientific paper.