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Intellectual Property

North Macedonia

The success of a company springs from its ideas. By obtaining, defending and licencing various property rights ranging from trademarks to designs, patents, protection certificates and utility models, this potential is transformed into financially measurable company values. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With 150 IP-lawyers in 42 countries, we understand your business needs. CMS has worked with some of the best-known brands and we specialize in representing companies from the lifesciences, pharmaceutical, medical products, media, telecommunications, clothing, computer and consumer goods industries. We advise and represent clients during trademark registrations and similarity examinations, handle their trademark portfolios and potential breaches of their trademark, design, patent and protection certificate rights, and prosecute product piracy for our clients at customs authorities and courts across Europe. Our expertise extends to parallel and grey imports, sales rights and associated legal fields such as pharmaceutical products, media, telecommunications and broadcast law.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. In the event of a breach of property rights, we support our clients in asserting their rights before courts and criminal courts. Our range of services includes warnings, injunctions, lawsuits and border confiscations as well as the increasingly important international assertion of intellectual property rights.

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23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
17 February 2021
CMS Ex­pert Guide to com­puls­ory li­cens­ing
In­tel­lec­tu­al prop­erty rights are crit­ic­al for any eco­nomy that wants to foster a cul­ture of in­nov­a­tion, risk tak­ing, and en­tre­pren­eur­ship. Par­tic­u­larly in a med­ic­al con­text, phar­ma­ceut­ic­al com­pan­ies...
Comparable
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
12 February 2021
‘It’s like milk but made for hu­mans’: Gen­er­al Court over­turns EUIPO’s re­fus­al...
On 20 Janu­ary 2021, the Gen­er­al Court (“GC”) handed down its judg­ment in the ap­peal brought by Oatly AB (“Oatly”) against the de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to re­fuse...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
01 December 2020
EPO pri­or­ity claim en­ti­tle­ment – the “same ap­plic­ants” ap­proach up­held
In a Press Com­mu­niqué dated 6 Novem­ber 2020, the EPO sum­mar­ises the Tech­nic­al Board of Ap­peal 3.3.08 writ­ten de­cision re­cently is­sued in case T 844/18 con­firm­ing the re­voc­a­tion of a pat­ent re­lated to...
11 November 2020
CMS Ex­pert Guide to trans­fer­ring IP rights
In re­cent years, IP rights have be­come an in­creas­ingly im­port­ant as­set not only for R&D and tech­no­logy based com­pan­ies but also for con­sumer product man­u­fac­tur­ers and life sci­ences com­pan­ies, for ex­ample...
Comparable
09 November 2020
CJEU rules that small sales of high-priced lux­ury sports cars and re­place­ment...
Back­ground Sev­er­al ques­tions were re­ferred fol­low­ing an ap­peal by the right­shold­er, Fer­rari, against the de­cision of the Ger­man court to or­der the re­voc­a­tion of two ‘TE­ST­AROSSA’ fig­ur­at­ive marks...
29 October 2020
EU Gen­er­al Court cla­ri­fies in­ter­pret­a­tion of “sat­is­fact­ory meth­od” in the...
In the re­cent case of Me­dac Gesell­schaft für klin­is­che Spezi­al­prä­par­ate mbH v European Com­mis­sion, the EU Gen­er­al Court has an­nulled a de­cision of the European Com­mis­sion in which it held that the ap­plic­ant’s...
28 October 2020
New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all...
Sum­mary The EPO re­quire­ment to amend the de­scrip­tion to con­form with al­lowed claims is chan­ging sig­ni­fic­antly. Ex­am­iners have already been giv­en in­tern­al guid­ance and re­vi­sions to the EPO Guidelines...