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Inserts from the Relevant Provisions referring to Copyright and Related Rights from the Amendments of the Penal Code (Extract), North Macedonia

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Details Details Year of Version 2008 Dates Adopted: January 15, 2008 Type of Text IP-related Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws Notes This unofficial English text was published in the Official Gazette No. 07/08 of January 15, 2008.

This text is an extract of the Criminal Code of the former Yugoslav Republic of Macedonia. It contains Articles 157, 157-a, 157-b and 157-c with the amendments.

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 Inserts from the relevant Provisions referring to Copyright and Related Rights from the Amendments of the Penal Code

INSERTS FROM THE RELEVANT PROVISIONS REFERRING TO COPYRIGHT

AND RELATED RIGHTS FROM THE AMENDMENTS OF THE PENAL CODE –

Unofficial text (“DISCLOSED IN “OFFICIAL GAZETTE OF THE REPUBLIC

OF MACEDONIA” NO. 07/08 FROM JANUARY 15, 2008)

Infringement of the copyright and related rights

Article 157

(1) Whoever, in his own name or the name of another, without authorization, discloses,

presents, reproduces, distributes, performs, broadcasts or in any other way, without

authorization, uses someone’s copyright or related rights, copyright work, performance

or subject matter of the related rights, shall be punished with a fine or imprisonment

from six months up to three years.

(2) Whoever by the commitment of the criminal act referred to in paragraph 1 has done

through computer system, shall be punished by imprisonment from six months up to three

years.

(3) Whoever by the commitment of the criminal act referred to in paragraph 1 has

committed considerable pecuniary gain shall be punished by imprisonment from six

months up to five years.

(4) Whoever by the commitment of the criminal act referred to in paragraph 1 has

acquired a significant pecuniary gain shall be punished by imprisonment from one year

up to five years.

(5) Attempt is punishable.

(6) Copies of the copyright works and subject matters of the related rights, as well as the

means for duplication shall be seized.

(7) If the commitment of the criminal act referred to in paragraphs 1 and 3 has been done

by a legal entity, it shall be punished by a fine.

(8) Institution of the infringement of a moral right shall be instituted following a motion..

Infringement of the right of distributor of technical particularly protected satellite signal

Article 157­a

(1) Whoever, without the authorization of a authorized distributor of the technical

particularly protected satellite signal, manufactures, imports, distributes, rents or

otherwise makes available to the public, or , provides services of installing tangible or

intangible device or system for decoding such signal, shall be punished by imprisonment

from six months up to three years.

(2) If the commitment of the criminal act referred to in paragraph 1 has resulted with a

significant pecuniary gain or has caused a significant damage, shall be punished by

imprisonment from one year up to five years.

(3) Whoever receives an encrypted satellite signal that has been decoded without the

authorization of its authorized distributor or further distributes such signal, shall be

punished by imprisonment from six months up to five years.

(4) If the commitment of the criminal act referred to in paragraph 3 has resulted in a

significant pecuniary gain or has caused a significant damage, shall be punished by

imprisonment from one year up to five years.

(5) If the commitment of the criminal act referred to in paragraphs 1 and 3 has been done

by a legal entity, it shall be punished by a fine.

(6) The object intended or used for the commitment of the criminal act or resulting from

the commitment of the criminal act, shall be seized.

Piracy over audiovisual works

Article 157­b

(1) Whoever, without the authorization of a film producer or the authorized distributor to

whom the film producer has transferred its own right of the audiovisual work, or

manufactures, imports, reproduces, distributes, storages, rents, puts into circulation or

otherwise makes available to the public, or provides other act in course of distribution,

renting, publicly presenting, putting into circulation, making available to the public or

otherwise without authorization, uses audiovisual work, video gram or its unauthorized

reproduced copies, shall be punished by imprisonment from six months up to three years.

(2) If the commitment of the criminal act referred to in paragraph 1 has resulted in a

significant pecuniary gain or has caused a significant damage, shall be punished by

imprisonment from one year up to five years.

(3) If the commitment of the criminal act referred to in paragraph 1 has been done by a

legal entity , it shall be punished by a fine.

(4) The object intended or used for the commitment of the criminal act or resulting from

the commitment of the criminal act, shall be seized.

Piracy over phonogram

Article 157­c

(1) Whoever, without the authorization of a phonogram producer or society for collecting

management of the rights of the phonogram producer, manufactures, reproduces,

distributes, storages, rents, puts into circulation or otherwise makes available to the

public, or provides other act in course of distribution, renting, putting into circulation,

making available to the public or otherwise without authorization uses phonogram, or its

unauthorized reproduced copies, shall be punished by imprisonment from six months up

to three years.

(2) If the commitment of the criminal act referred to in paragraph 1 has resulted in a

significant pecuniary gain or has caused a significant damage, shall be punished by

imprisonment from one year up to five years.

(3) If the commitment of the criminal act referred to in paragraph 1 has been done by a

legal entity, it shall be punished by a fine.

(4) The object intended or used for the commitment of the criminal act or resulting from

the commitment of the criminal act, shall be seized.

No data available.

WIPO Lex No. MK031