KOSOVO Law and Practice Contributed by: Ardian Rexha, Nora Grajcevci Mehmeti and Vjollca Hiseni, Rex Law Partners
offender acted without knowledge of the infringement, the court may order the return of profits gained from unauthorised use. Legal entities may face fines between EUR2,000 and EUR6,000 for using products or services in violation of patent rights, while natural persons may be fined between EUR1,000 and 3,000. 7.2 Trade Marks Pursuant to Law No 08/L-075 on Trademarks, a trade mark may be “any mark, in particular words, including personal names or drawings, letters, numbers, col - ours, the shape of goods or their packaging, or the sounds-voices”, provided they distinguish goods or services of one particular entity and are clearly defined in the register. Trade mark rights are acquired through registration in the Trademark Register maintained by the IPA. This registration entails an exclusive right and allows the holder to prohibit third parties from using identical or similar signs for identical or similar goods or services in commercial business without their prior consent. Length of Protection Trade marks are registered for an initial period of ten years from the date the application is submitted. Reg - istration may be extended for subsequent periods of ten years through a renewal process. Registration Process The procedure begins with a submission to the IPA containing the application for trade mark registration, data on the applicant, a list of goods and services for which registration is required based on the Nice Clas - sification system, and the appearance of the mark. After the application is submitted, the IPA conducts a formal examination for completeness and fee pay - ment. It also examines absolute grounds for refusal, including a lack of distinctive features, the likelihood of misleading the public and whether the mark is con - trary to public policy. If the requirements are met, the application is pub - lished in the IPA bulletin. Within three months of pub - lication, holders of earlier trade marks or authorised
representations may oppose the registration based on relative grounds, such as similarity to their earlier mark. If no grounds for refusal exist and no opposition is successful, the IPA registers the trade mark. Enforcement and Remedies Enforcement procedures and remedy options closely observe the same actions outlined in 7.1 Patents . However, unique to trade mark protection, right-hold - ers have the additional option to request courts to prevent continuous infringement by ordering a fine of EUR5,000 to EUR10,000 for each infringement. General sanctions for violations include fines between EUR 5,000 and EUR15,000 for unauthorised use by legal persons, while natural persons may be fined between EUR200 and EUR3,000 depending on their business status. 7.3 Industrial Designs Protection for industrial designs is covered by Law No 08/L-055 on Industrial Designs, pursuant to which an industrial design is protected if it is new and pos - sesses individual character. A design is considered to be new if it is not identical to any other design made available to the public before the filing or priority date; and it considered to have individual character if the overall impression it produces on an informed con - sumer differs from the impression left by any previous design. Protection grants the owner the exclusive right to use the design and prevent unauthorised third parties from activities including processing, offering, marketing, importing and exporting products incorporating the design. Length of Protection The initial term of protection is five years from the date the application is submitted. This registration may be extended for additional five-year periods up to a maxi - mum total duration of 25 years. Registration Process The procedure is initiated by filing an application with the Agency for Industrial Property (AIP). The applica - tion must include a request for registration, applicant identification, a representation of the design suitable
549 CHAMBERS.COM
Powered by FlippingBook