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.
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