Valentin Pepeljugoski PhD and Dejan Stojanoski’s contribution to the October edition of the ECTA bulletin, in the section Case Law Reports, is published. The topic is: Can a Trade Mark Right Be Treated as an Object (Res) Acquired in a Family Community?
In a unique case involving two brothers who started a production business in the early ’90s, the court faced the challenge of whether trademark rights can be considered property acquired in a family community. With moral and material rights at the core, the debate tackled the overlap between intellectual creations and civil rights—ultimately concluding that trademark rights have substantial connections with civil property rights, including joint ownership in a family context.
This judgment sets an important precedent for how trademark rights can be treated in the event of inheritance, potentially reshaping the interpretation of industrial property law in North Macedonia.
For more in-depth analysis, check out our feature in the ECTA Bulletin here.