Transfer of IP rights in North Macedonia

A patent can be assigned to a legal or natural person based on the law, a legal deed, or a court decision. 

Yes, the assignment must be registered in the national patent registry to become effective against third parties.

If the patent is assigned based on a legal deed, the following documentation is required: (i) two samples of the request to register the assignment (a template form is available); (ii) the contract of assignment of the patent; (iii) power of attorney if the recording is conducted by a representative; (iv) confirmation that the administrative fee has been paid. 

2.1 Are original supporting documents essential or are copies sufficient?

The documents should be submitted in original/notarized copy.

2.2 Are there any legalization and/or notarization and/or translation requirements?

There is no specific legalization requirement. Translation and notarization of contract of assignment are mandatory. 

2.3 Is there a must to use a specific form?

The content of the request is standardized. 

The patent assignment becomes legally effective by concluding a written and notarized contract of assignment. However, it must be recorded to have an effect against third parties; i.e. the record in the trademark register has a declarative effect.

No, but each co-owner can sell his share of the patent without the consent of the other co-owners. However, the agreement of all parties involved is required for the transfer of the whole patent.

Appointing a legal representative is mandatory if the residence, place or address of registration is outside the Republic of North Macedonia.

An administrative fee in the amount of EUR 8.13 must be paid when submitting the application to record the patent assignment. An additional fee in the same amount must be paid to publish the change in the patent registry. 

The Macedonian Law on Industrial Property differentiates between licences based on a legal deed and compulsory  licences granted upon a lawsuit being filed together with a request to register the licence. 

Licences become effective upon concluding a licence agreement or upon the issuance of the court decision. However, in order to have an effect against third parties, the licence must be registered in the patent registry. 

The following documentation is required to register a patent licence: (i) two samples of the request to register the licence (a template form is available); (ii) the licence contract; (iii) power of attorney if the recording is conducted by a representative; and (iv) confirmation that the administrative fee has been paid. 

8.1 Are original supporting documents essential or are copies sufficient?

The documents should be submitted in original/notarized copy.

8.2 Are there any legalization and/or notarization and/or translation requirements?

There is no specific legalization requirement. Translation and notarization of the licence contract are mandatory. 

8.3 Is there a must to use a specific form?

The content of the request is standardized. 

If a licence is not recorded in the patent registry, it cannot be opposed by third parties; i.e. the record in the patent register has a declarative effect.

Appointing a legal representative is mandatory if the residence, place or address of registration is outside the Republic of North Macedonia.

An administrative fee in the amount of EUR 8.13 must be paid when submitting the application to record the patent licence. An additional fee in the same amount must be paid to publish the change in the patent registry.

Yes, patents can be pledged. 

To do so, a pledge agreement must be signed and notarized and the pledge recorded in the pledge register and the patent register. 

Recording the pledge in the pledge register has a constitutive effect. Additionally, to have an effect against third parties, the pledge must be recorded in the patent register.  

A trademark can be transferred by contract or by law. 

The patent assignment must be recorded to have an effect against third parties.

The following documentation is required to register the trademark assignment: (i) two samples of the request to register the licence (a template form is available); (ii) the licence contract; (iii) power of attorney if the recording is conducted by a representative; (iv) confirmation that the administrative fee has been paid. 

2.1 Are original supporting documents essential or are copies sufficient? 

The documents should be submitted in original/notarized copy.

2.2 Are there any legalization and/or notarization and/or translation requirements?

There is no specific legalization requirement. Translation and notarization of the contract of assignment are mandatory. 

2.3 Is there a must to use a specific form?

The content of the request is standardized. 

The trademark assignment becomes effective upon concluding a written and notarized contract of assignment. However, it must be recorded to have an effect against third parties, i.e. the record in the trademark register has a declarative effect.

No, but all parties must agree on the assignment of the trademark.

A so-called trademark division, where the transfer takes place for only part of the goods or services for which it is registered, is possible. 

For such purposes, a request for division of the registered trademark must contain: 

1. Specification of the subject of the request; 
2. Date and number of registration of the trademark subject to the request; 
3. Data on the owner of the trademark and the representative (if any);
4. Proof that the administrative fee has been paid; and
5. A list of products and services to be divided. 

Appointing a legal representative is mandatory if the residence, place or address of registration is outside the Republic of North Macedonia.

An administrative fee in the amount of EUR 2.93 must be paid when submitting the application to record an assignment. An additional fee in the amount of EUR 4.80 must be paid to publish the change in the trademark registry.

The regulations on trademarks does not stipulate different forms of licensing. 

Licences in general become effective upon concluding a licence agreement. However, in order to have an effect against third parties, the licence must be registered in the patent registry. 

The following documentation is required to register the trademark licence: (i) two samples of the request to register the licence (a template form is available); (ii) the licence contract; (iii) the power of attorney if the recording is conducted by a representative; (iv) confirmation that the administrative fee has been paid. 

9.1 Are original supporting documents essential or are copies sufficient? 

The documents should be submitted in original/notarized copy.

9.2 Are there any legalization and/or notarization and/or translation requirements?

There is no specific legalization requirement. Translation and notarization of the licence contract are mandatory. 

9.3 Is there a must to use a specific form?

The content of the request is standardized.

If a licence is not recorded in the trademark registry, it cannot be opposed by third parties i.e. the record in the trademark register has declarative effect.

The specific formalities refer to the division of the trademark, i.e. the following documentation is required:

1. Specification of the subject of the request; 
2. Date and number of registration of the trademark subject to the request; 
3. Data on the owner of the trademark and the representative (if any);
4. Proof that the administrative fee has been paid; and
5. A list of products and services to be divided.  

Appointing a legal representative is mandatory if the residence, place or the address of registration is outside the Republic of North Macedonia.

An administrative fee in the amount of EUR 2.93 must be paid when submitting the application to record assignment. An additional fee in the amount of EUR 4.80 must be paid to publish the change in the trademark registry.

For such a purpose, a pledge agreement must be signed and notarized and the pledge recorded in the pledge register and the trademark register. 

Recording the pledge in the pledge register has a constitutive effect. Additionally, to have an effect against third parties, the pledge must be recorded in the trademark register.