Tuesday, 6 September 2011

Macedonia's civil procedure amendments: how will they affect patents?

PatLit guesses that most of its readers have not yet had much practical experience of litigating patents in the former Yugoslav Republic of Macedonia. However, this blog is sure that everyone will wish to learn about the amendments to the Macedonian Law on Civil Court Procedure which become effective this Friday, 9 September, since some of those amendments affect IP rights owners who are involved in civil litigation there.

Among other things. the amended law enables the parties to present their own expert evidence before the court. Until now, only the court was entitled to ask for expert evidence. The Ministry of Justice will publish an official list of expert witnesses in the near future [PatLit wonders whether the official list is likely to come any way near satisfying the needs of patent litigants and how easy it may be to augment the list where and when necessary].

Appeals to the Supreme Court in IP cases will only be possible in respect of monetary claims if they exceed approximately €16,000 ($23,000) [This at least shouldn't be a problem in most cases].

Source: article by Zivka Kostovska-Stojkovska, PETOŠEVIC, Skopje, for World Trademark Review, 6 September 2011

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