The new industrial design law entered into force in Kosovo on
January 15, 2016. The law has been harmonized with the Directive
98/71/EC of the European Parliament and of the Council of 13
October 1998 on the legal protection of designs and the Directive
2004/48/EC of the European Parliament and of the Council of 29
April 2004 on the enforcement of intellectual property rights.
Under the new law, the renewal request should be submitted
within the 12-month period prior to the expiration of design right.
The former law did not specify the exact time frame.
The new law clarifies the procedure for the assignment of rights
by including necessary steps to be taken and the required
documents. Full or partial transfer of rights is possible; an
assignment contract or a certified statement is necessary in order
to register such rights.
As the previous law, the new law also excludes the possibility
for a legal person to be considered as the designer; the designer
can only be a natural person.
As under the former law, formal examination is the only
examination performed by the IPO.
The new law introduces compensation for damages as a legal
remedy, under the general rules relating to unjust enrichment.
Under the new law, industrial designs are also protected under
copyright law. The former law did not include any provisions on the
relationship of designs and other IP rights.
The applicable bylaw remains the Administrative Instruction
No.11/2012 on the industrial design registration procedure.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The focus on the product being obvious or anticipated as at a certain date provides powerful protection and commercial certainty without conflicting with a patentee's ability to obtain patent protection.
Following the UK Government's announcement that it will ratify the Unified Patent Court Agreement, the Unitary Patent and Unified Patent Court (UPC) are expected to go live in December 2017.
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