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Legislative Implementation of Flexibilities - North Macedonia

Title:Articles 71 to 73 of the Law on Industrial Property No. 07-1006/1 of 12/02/2009
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Confidential patent

Article 71

(1) The applications for grant a patent relating to defence shall be deemed confidential and are filed to the Minister for Defence.

(2) If during the examination process of the filed application, the Minister for Defence finds that the invention is not confidential, the application shall be forwarded to the Office.

(3) The provisions of this Law shall also be applied in the process of patent granting with regard to confidential invention, unless otherwise determined by this Law.

(4) If during the examination process of the filed application, the Minister for Defence finds that the invention is not confidential, the application shall be forwarded to the Office.

(5) If during the examination procedure of the application, the Office finds the invention to be confidential, it shall forward the application to the Minister for Defence.

(6) If the Minister for Defence finds that the invention has ceased to be confidential, the whole subject shall be submitted to the Office.

(7) After receiving the subject, the Office shall note the patent in the register of patents and shall issue the patent holder a patent certificate or a specification and publish the data within the meaning of Article 60 of this Law.

Use of confidential invention

Article 72

(1) The Ministry of Defence shall have the exclusive right to use the confidential invention and have at its availability that invention.

(2) The holder of the right shall be entitled to a one-time compensation for confidential invention which is protected with a patent, regardless if the invention is used for the needs of defence and to what extent.

(3) The amount of the compensation referred to in paragraph (2) of this Article shall be determined amicably by the right holder and the Minister for Defence.

(4) In case agreement is not reached, the holder of the patent right, in accordance with the rules outside the proceedings, may request the court to determine the amount of the compensation.

Properties of the confidential patent

Article 73

(1) The patent related to a confidential invention shall not be published.

(2) The local and natural persons may request protection of a confidential invention abroad only on the basis of an approval in writing by the Minister for Defence.

(3) Articles 71 and 72 of this Law shall apply accordingly to the patent applications for grant of a patents for inventions which are of interest to the state security.

(4) The Minister for Interior shall be competent to decide on the applications referred to in paragraph (3) of this Article.

(5) The Government of the Republic of Macedonia shall prescribe which inventions are considered as confidential within the meaning of Articles 71 and 73 of this Law, as well as the method of patent granting for such inventions.

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