268 IntellectualProperty Protection
Acomprehensive legal frameworkon intellectual property protectionwas established in Kosovo, includingthe protection of the following intellectualproperty rights:• patents,• trademarks,• industrial design and• copyright and related rights.Furthermore, new legislation on product piracyentered into force in Kosovo in 2008.8.1 Patents, Trademarksand Industrial Design8.1.1 RegistrationProceduresProtection of patents, trademarks andindustrial design in Kosovo can be obtainedby registration in the respective property rightregister conducted by the newly establishedIndustrial Property Office 3 of Kosovo.The Industrial Property Office was establishedin Pristina in November 2007. The registrationprocedure before the Industrial PropertyOffice is governed by three AdministrativeInstructions (AI) corresponding to the respectiveintellectual property rights (patent,trademark or industrial design) 4 .The English version of the application formfor the registration of a patent, a trademarkor an industrial design is attached to the respectiveInstruction. The application must befiled with the Office in the official language ofKosovo (Serbian or Albanian).Applicants without residence in the territoryof Kosovo shall appoint a so-called authorizedrepresentative to be responsible for theprocedures before the Industrial Property Office(AI No. 2007/11 5 ). Such authorized representativesare registered in the RepresentativesRegistrar headed by the Office 6 .Official fees in all procedures regarding registrationand maintenance of patent rights,trademarks and industrial design and the procedureof payment are regulated by the AdministrativeInstruction No. 2007/19 7 .8.1.2 Patent ProtectionPatent rights are governed by the PatentLaw No. 2004/49 promulgated by the UN-MIK Regulation No. 2004/56. In Kosovo, aninvention shall be protected by a patent if it isnew, involves an inventive step and is industriallyapplicable. The terms “novelty”, “inventivestep” and “industrial applicability” are definedby the Patent Law.In accordance with internationally recognisedstandards in this field, a patent constitutes aproperty right. The patent owner is entitledfor a limited period of time to exploit theprotected invention and to exclude othersfrom producing, using or selling the inventionwithout permission.On the other hand, any person (natural orlegal) may file a motion with the IndustrialProperty Office of Kosovo to declare a patentnull and void for reasons stipulated by thePatent Law (e.g. the invention was not newor did not include an inventive step as of thepriority date). The Office finally issues the decisionon the declaration of nullity of a patent(entirely of partially) or on the refusal of themotion.The right to exploit the protected inventionmay be assigned by a license contract. A patentmay be transferred completely or partially.The patent right is granted for a period of 20years after the filing date of the patent application,provided that annual maintenancefees are paid duly for the third and each subsequentyear.8.1.3 Trademark ProtectionThe independence of Kosovo declared bythe Kosovo government had significant impactson the system of trademark protection.Former trademark rights granted as nationalSerbian trademarks or international trademarksof the WIPO 8 (with the Republic ofSerbia as the required designation) ceasedto be valid in Kosovo. Since the deadline forrevalidation of these former rights expired inNovember 2008, trademark protection shallbe obtained only in form of new national Kosovotrademarks registered by the IndustrialProperty Office 9 of Kosovo.National Kosovo trademark law meets theEuropean Union requirements 10 and inter-3Industrial Property Officeas a part of the Ministry ofTrade and Industry, http://www.mti-ks.org/index.php?cid=2,381.4AI No. 2007/10 on theProcedure of Registrationof Patents, AI No. 2007/13on Trademark RegistrationProcedures and AI No.2007/12 on the IndustrialDesign Registration Procedures.5Administrative InstructionNo. 2007/11 on Representationof Rights in the Sphereof Industrial Property.6The AI 2007/11 stipulatesrequirements for registrationas an authorized representativeof Kosovo, suchas certain professional qualificationsor an exam beforethe panel of the IndustrialProperty Office.7Administrative InstructionNo. 2007/19 on AdministrativeTaxation of IndustrialProperty Objects.8World Intellectual PropertyOrganisation (WIPO),www.wipo.int.9Industrial Property Officeas a part of the Ministry ofTrade and Industry, http://www.mti-ks.org/index.php?cid=2,381.10First Directive 89/104/EEC of the Council, of 21December 1988, to Approximatethe Laws of theMember States Relating toTrademarks (OJ EC No L40 of 11.2.1989, p. 1).27
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