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Legislative Implementation of Flexibilities - North Macedonia

Title:Articles 272 and 273 of the Law on Industrial Property No. 07-1006/1 of 12/02/2009
Field of IP:Patents
Type of flexibility:Ex-officio IP office control of anti-competitive clauses in licensing agreements
Summary table:PDF

Provisions of Law

License agreement

Article 272

(1) The applicant of an industrial property right and the holder of the right may, by licence agreement, assign that right under the stipulations provided for in this Law or other regulations.

(2) The licence agreement must be composed in writing.

(3) If more persons have submitted a patent application or if the patent holders are more entities, the consent of all these persons shall be necessary for concluding the licence agreement

(4) If there is no consent for concluding a licence agreement referred to in paragraph (3) of this Article, the rules of property shall apply for assigning the right to usage.

(5) The licence agreement which is not composed in writing shall not provide legal effect.

(6) The licence agreement on request of one of the contracting parties shall be registered in an appropriate register kept in the Office.

(7) The licence agreement not registered in the appropriate register of the Office shall not provide effect against third parties.

Void license agreement

Article 273

Each provision of the licence agreement that sets limitations to the licence user which do not result from the right being subject of the agreement or which is not necessary for keeping that right, or if it is contrary to the regulations for limiting the competition shall be void.

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