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November 06, 2015

Kosovo: Amendments to the Law on patents and the Law on trademarks

Assembly of the Republic of Kosovo has approved Laws on amending and supplementing the Law on Patents and the Law on Trademarks. Amendments entered into force on September 8, 2015.

It is possible to highlight several important amendments pursuant to the new Laws:

Patents

1. In case of claiming a conventional priority for a national patent application, the translation of the priority document into one of the official languages (Albanian or Serbian) could be filed by the applicant within three months from the day of the receipt of the corresponding invitation. Previous version of the law does not stipulate provision in respect of the requirement to provide the translation of the priority document.

2. According to the amendments, patent maintenance fees can be paid by any person. The previous version of the Law on Patents prescribed that only the registered patent and trademark attorneys with the Kosovo IP Agency could pay the maintenance fees on behalf of the applicant.

Trademarks

1. In case a certain right is lost due to non-compliance with the time limits towards the Agency, an applicant may file a request for restoration of the rights. In accordance with amended Law such request may be submitted within three months, calculating from the day when the reason of non-compliance ceases or when the applicant has been notified regarding this non-compliance, but not later than one year from the date of failure to fulfill the time limits.

2. Amended Law establishes limitation of the list of goods and services when renewal of a trademark possible without paying an additional fee by filing the renewal request only.

3. The trademark owner may initiate legal proceedings against any person who has infringed the rights of a trademark. Amended Law now stipulates that not only the products that violate trademark rights but also the materials and tools used in the production of those products should be removed from the market, confiscated or destroyed.

Thus, Kosovo IP Legislation becomes closer to the standards of the European Union.

To get actual quote for IP protection in Kosovo please visit our quotation system.


Author: Lynda Miller

 

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