THE ROLE OF STATE MARKET INSPECTORATE AS A QUAD OF INTELLECTUAL PROPERTY RIGHTS: THE CASE OF THE REPUBLIC OF NORTH MACEDONIA

Gjorgjioska, Emilija and Stoileva, Zorica (2025) THE ROLE OF STATE MARKET INSPECTORATE AS A QUAD OF INTELLECTUAL PROPERTY RIGHTS: THE CASE OF THE REPUBLIC OF NORTH MACEDONIA. In: Fikri Mülkiyet Hukukunda Güncel Gelişmeler - III Uluslararası Sempozyumu. FİLİZ KİTABEVİ, İSTANBUL, pp. 112-130. ISBN ISBN: 978-625-5697-57-8

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Abstract

Intellectual property rights very often may be a target of various infringements and counterfeiting. Republic of North Macedonia as a signatory of the Agreement on Trade Related aspects of the Intellectual property has undertaken an obligation to ensure that the enforcement procedures should be quite effective and expeditious. These principles are related to judicial and administrative procedures.
According to Macedonian Law on industrial property and Law on the State Market Inspectorate, the State Market Inspectorate is a body within the Ministry of Economy and Labor that carries out its work through consistent implementation of the provisions of several laws, inter alia the Law on Industrial Property, by conducting inspection supervisions and undertaking inspection measures. The purpose of the existence of this body in the Macedonian legal order the organization of an efficient system of inspection supervision over economic activities carried out on the territory of the Republic of North Macedonia.
The inspection supervision of the implementation of the provisions of the Law on Industrial Property includes supervision regarding the circulation and use of protected industrial property rights ex officio and at the request of the right holder.
The authors made a comprehensive analysis of the domestic prevailing legislation in order to assess how the right holders of industrial property can protect their rights by requesting form the Inspectorate to take action to protect their rights from unauthorized use and the key competence of the State Market Inspectorate for implementation of inspection measures and imposing fines. Furthermore, quantitative data from the annual reports of the Macedonian State Market Inspectorate were utilized to evaluate the effectiveness and applicability of this rights protection method in practice. Application of the method of analysis, abstraction, and generalization, as well as comparative analysis, were used in the research.
The main findings of the research highlight that the legal framework in the Republic of North Macedonia provide an efficient method of protection of industrial property rights from unauthorized use by enacting the competence of the State Market Inspectorate. Unfortunately, the statistics in the last 5 years shows that the level of submitted request for protection and undertaken actions by the Macedonian State Market Inspectorate are insufficient. Based on the results of the research, and comparative good practices, the authors propose some recommendations in order to increase the level of effectiveness and applicability of this rights protection method in practice.

Item Type:	Book Section
Subjects:	Scientific Fields (Frascati) > Social Sciences > Economics and Business Scientific Fields (Frascati) > Social Sciences > Law
Divisions:	Faculty of Economics
Depositing User:	Mr Dimitar Risteski
Date Deposited:	03 Mar 2026 11:51
Last Modified:	03 Mar 2026 11:51
URI:	https://eprints.uklo.edu.mk/id/eprint/11338

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