Kocev, Ljuben

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Kocev, Ljuben

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Kocev, Ljuben

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The Importance of Intellectual Property Law in the Prevention of Selling Counterfeit Products Online
(Emerald Publishing, 2022-09)
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Trade in counterfeit products has been expanding continuously. The emergence of the internet, the process of globalisation as well as the increase of digitalisation have enabled counterfeit products to infiltrate legitimate supply chains, causing harm not only to national economies but also to holders of intellectual property rights (IPR). In this chapter, we analyse the possible solutions that holders of IP rights and their legal representatives have in their fight against the online sale of counterfeit products. To elaborate on this issue, first, we explain the legislation on an international level for IPR protection and its specific characteristics. We explain the conventions on the protection of IPR that are governed by the World Intellectual Protection Organisation (WIPO) and the provisions of the TRIPS (Trade-Related Intellectual Property Rights) Agreement governed by the World Trade Organisation (WTO). We also analyse the national legislative procedure of protecting and enforcing IPR in North Macedonia to explain a possible solution to fight online counterfeit trade. As a case study of this chapter, we explain the work of the Online Enforcement Programme of REACT as a not-for-profit organisation with over 30 years of experience in the fight against counterfeit trade and the challenges that they have in fighting against the online sale of counterfeit products. Since IP law is territorial in its nature as a conclusion, we suggest that a more centralised approach is needed in the fight against the online sale of counterfeit products.
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Enhancing regional cooperation througn custom digitalization in CEFTA - 2006
(University of Zagreb, Faculty of Economics and Business, 2019)
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The past decade of the existence and functioning of the CEFTA - 2006 has indicated that the performances of its members in regard to regional economic integration and trade liberalization have been unsatisfactory. The statistics point out that within the 12-year period of the creation of the CEFTA - 2006 the integrative process is at a standstill. In July 2017, under the so-called Berlin process, representatives of the CEFTA Parties, met in Trieste and decided to enhance the regional cooperation with the creation of regional economic area – an area which should not only eliminate all trade and non-trade barriers in trade in goods, but should also lead to complete liberalization of trade in services, capital and labor as well as digital integration. In order to achieve this, an Additional Protocol 5 to the Agreement on Amendment of and Accession to the Central European Free Trade Agreement has been signed, while Additional Protocol 6 is also planned to be signed and integrated in the following period. This paper will give a brief overview of the trade liberalization achieved within the CEFTA-2006, and the obstacles that were detected which prevented further regional integration. It will then focus on the Additional Protocol 5 and the further requirements on trade facilitation provided therein and will particularly focus on the process of digitalization with the aim of deeper regional economic integration.
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Determining the Applicable Law on Privileges in International Commercial Arbitration
(Iustinianus Primus Law Review, 2018)
International arbitration is rapidly becoming a preferred method for dispute settlement between commercial entities and is replacing the traditional methods of resolving disputes in front of state courts. As such, international arbitration develops in its own pace, slowly creating coherent rules suitable for efficient settlement of the complex disputes brought in front of the arbitral tribunals. Although there are a large number of specific practices that have emerged throughout the years, the question of privileges might be one of the last few issues that remain unresolved to this date. Parties increasingly rely and invoke privileges in proceedings to avail themselves from having to disclose certain documents, when faced with a request for document production from the opposite side. When raising privileges, parties will generally expect that the nature and the scope of privileges will be based on their domestic legal system. This reliance and expectation in fact represents the root of the problems that arise, since not all countries treat privileges in the same manner. Currently there is lack of guidance that would aid arbitrators in dealing with this issue and in determining the applicable law. In this paper we are going to give a brief introduction of privileges, defining the concept of privileges; the types of privileges that exist and which are most likely to arise in international arbitration and focus on the methods for determining the applicable law for privileges. At the end, we are going to propose a method which we believe would be most suitable for determining the applicable law on privileges and which would pave the way for uniform approach in dealing with privileges in the future.
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The New International Chambers of the Paris Courts - Innovative Way for Resolution of Commercial Disputes
(Institute of Knowledge Management, Skopje, 2018)
The process of the withdrawal of the United Kingdom form the European Union has been discussed predominantly from a political and economic point of view. However, the consequences are more far reaching. With UK on the doorstep of leaving the EU, the decisions issued by its courts would no longer benefit from the recognition system provided in the Brussels Regulation (Council Regulation (EC) No. 44/2001). As a result of this, it is expected that London would no longer be seen as a primary destination for international litigants. In the awaiting of the aftermath from the Brexit, other cities and member state countries of the EU have started the race to position themselves as the next “legal hub”. While other member states have been vocal about offering alternative courts, so far France has been at the forefront of this initiative. On 7 February 2018 two Protocols were signed by the French Minister of Justice, the President of the Paris Bar, and the presidents of the Paris Court of Appeal and the Paris Commercial Court. With the first protocol amendments were made to the already existing International Chamber within the Paris Commercial Court, whereas with the second Protocol a new International Chamber has been created within the Paris Court of Appeal. The aim of the creation of these international divisions within the Paris Court is to create an attractive jurisdictional system which would meet the expectations of the economic actors. Paris has already been one of the most important world centers for dispute resolution as a result of the work of the International Chamber of Commerce and its work in the field of Alternative Dispute Resolution (ADR). However, with this initiative Paris has an opportunity to further strengthen its attractiveness. The adoption of the two Protocols is a groundbreaking move which sets forth innovative rules of procedure, incorporating unique approaches in the field of international commercial litigation. The rules of procedure contain an increased level of flexibility offering the parties a chance for litigations with great similarity to arbitration. Most notably, the new Protocols provide for the usage of English as language in the course of the proceedings, adapted procedure which should better suit the need of the parties, focus on oral testimonies instead of written witness and expert submissions, possibility for cross – examination, broader scope of tools for securing evidence, such as requests for document production, as well as the possibility of non- French lawyers to appear in front of the Courts. The aim of this article is to provide an insight in the new structure of the International Chambers by reviewing the novelties in the two new Protocols. The article reflects on similar initiatives which have been undertaken in other EU members and countries worldwide, and whether this can be the starting point for more drastic and revolutionary reforms in the traditional litigation system.
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Примена на "Конвенцијата на Обединетите Нации за меѓународна продажба на стоки" во меѓународната трговија
(Економски факултет - Скопје, 2018)
Конвенцијата на Обединетите Нации за меѓународна продажба на стоки (во понатамошниот текст „Виенска конвенција“) претставува еден од најзначајните инструменти во меѓународната трговија, чија главна цел е унификација на одредбите за меѓународната продажба на стоки. Од интерес на страните при склучување на договори е да знаат на кои правила ќе подлежи нивниот договорен однос, и при евентуално настанување на спор да се примени право што ќе им биде познато. Конвенцијата како меѓународен инструмент што е универзално признат и има широка распространетост, е поприфатлива за страните отколку примена на национално право кое може да биде потполно непознато за една или пак за сите договорни страни. Со оглед на фактот дека Конвенцијата врши унификација на меѓународното право за продажба на стоки преку приближување и усогласување на различни правни системи и правни филозофии, нормално е тоа што таа во себе вклучува и одреден број на иновативни концепти, кои претставуваат своевиден компромис помеѓу различните правни системи. Како резултат на тоа, Конвенцијата е предмет на научни истражувања и расправа до денешен ден. Во текстот се обработува подрачјето на примена на Конвенцијата, односно исполнувањето на условите за примена. Се врши анализа на одредбите кои ги поставуваат границите за нејзината примена, како и на можноста за паралелна примена со други инструменти и правни правила. Трудот дава осврт и на примената, влијанието и значењето на Виенската конвенција во Република Македонија, како и улогата на Конвенцијата во развојот на правото на трговска
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(De)localization of Arbitration - Online vs. Offline Arbitration - E-arbitration in time of Covid 19
(Faculty of Law Iustinianus Primus, 2021)
Deskoski, Toni
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“We are living in unprecedented times” - a statement in all aspects of our lives for the past year. This is also valid for international commercial arbitration. Like never before COVID 19 is changing and reshaping the world of arbitration. From expensive places for arbitral hearings to online platforms, from in-person hearings to virtual hearings. The direct impact of the lack of universal lex arbitri can be observed in the field of online and offline arbitration. In this sense, the terms “online” and “offline” arbitration are used to demonstrate the difference between in-person and virtual conduct of the arbitration. Traditional arbitration is converting into e-arbitration. By doing so, many national legislators and arbitral institutions are modernizing their rules just to provide an appropriate framework for e-arbitration. However, some of the theoretical concepts are more vivid now than before. The detach of international arbitration as a concept in the arbitration theory once again is attracting the attention of many legal scholars. Adapt, improve, and overcome – is the new standard in international arbitration. And this standard needs to fit with the basic principle of international commercial arbitration – due process and right to be heard.
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Estimating Trade Facilitation in a Regional Integration Initiative: Leveraging the Logistics Performance Index
(2024-03)
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This study examines trade determinants, with a particular focus on logistics within the context of a regional integration initiative. A gap in the literature concerning the application of gravity models to the TRACECA initiative is identified through the literature review. Subsequently, an analysis of the legal framework underpinning TRACECA is undertaken. Utilizing the World Bank’s Logistic Performance Index (LPI) within a gravity model framework, the study evaluates the impact of trade facilitation within the TRACECA region. Findings indicate positive associations between trade and GDP, common language, and shared borders, while distance exerts a negative influence. The research underscores the role of the LPI in facilitating trade within TRACECA, advocating for collaborative endeavors to enhance logistics, remove latent barriers, and streamline customs procedures. Furthermore, the study advocates for increased investment to strengthen TRACECA’s trade facilitation initiatives, emphasizing the necessity of mutual political commitment to advance regional trade.
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The use of Trademarks and IP Rights as Company Assets – An Overview of the State of play in the Republic of North Macedonia in Relation to Global Trends
(WIPO & WTO, 2022-10)
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The aim of this paper is to evaluate the importance of trademarks and intellectual property (IP) rights as company assets in general. The evaluation is performed through the analysis of the legal framework in the Republic of North Macedonia and assessment of the interface between trademarks and IP rights in general as intangible assets and company law within the country. This paper firstly analyses trademarks as IP rights, primarily through their essential functions. Afterwards, the paper assesses trademark and IP rights in general through the prism of the company law in the Republic of North Macedonia. In particular, the paper analyses the possibility of investing IP rights in companies as equity – the legal framework and the methods for valuation of the IP rights. The paper further explores methods for IP commercialisation – licensing and franchising as the most suitable and commonly used practices for trademark promotion. The final part of the paper will analyse some of the world's most successful companies and how they create value and successful brands using trademarks before addressing the situation with domestic companies, how much they invest in trademarks as a means of building a successful brand, and how much IP rights as intangible assets participate in the overall value of the companies in the Republic of North Macedonia.
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The role of the Commission for the Protection of Competition in the Republic of North Macedonia
(International Academic Institute, 2023-12)
The paper examines the role and performance of the Commission for the Protection of Competition (CPC) in the Republic of North Macedonia. It starts by providing context on the evolution of free market economies in developing countries and the importance of competition in order to achieve economic benefits. The paper highlights the necessity of creating a system for the protection of competition and emphasizes the role of national competition agencies. The specific focus is on the Commission for the Protection of Competition within North Macedonia's regulatory landscape. It delves into the history of competition law in the country, its adoption of the EU model of competition law, and the establishment of the Commission for the Protection of Competition. The paper discusses the main areas of focus for the CPC, including abuse of dominant market position, restrictive agreements, and market concentrations. The analysis reveals that while the CPC has been granted extensive powers by the national legislator, its effectiveness is constrained by limited administrative capacity and a small budget. Comparisons with other national competition agencies in the region illustrate the CPC's resource constraints. In conclusion, the paper underscores that the CPC's focus has shifted over the years from tackling abuses of dominant market position to evaluating market concentrations. It sheds light on the challenges and limitations faced by the CPC in fulfilling its mandate and offers insights into areas for potential improvement, such as increased funding, resources, and the promotion of private enforcement of competition law.
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Harnessing Regional Trade Agreements as Catalysts for Climate-Smart Trade: The Case of Western Balkans Countries
(Association of Economists and Managers of the Balkans – UdEkoM Balkan, 2023-12-07)
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The concept of climate-smart trade is gaining momentum as trade agreements increasingly incorporate provisions to balance economic growth and environmental conservation. While in the past, environmental and climate issues played a minor role in international trade agreements, recently there has been a growing trend towards incorporating climate-smart provisions, particularly in regional trade agreements (RTAs). These provisions aim to promote sustainable development, pursue international environmental goals, ensure a level playing field, and enhance environmental cooperation. The paper analyzes the emergence of environmental and climate-related provisions in free trade agreements. It attempts to define them, explain how they are incorporated into free trade agreements, and assess the reasons for the increased number of such provisions. The paper then briefly analyses statistical data related to the types of environmental and climate-related provisions contained in FTAs, before going into details of the climate-smart provisions of the regional trade agreements in the Western Balkans.

Kocev, Ljuben

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