Five IP-related administrative instructions enter into force

Five IP-related administrative instructions have entered into force in Kosovo.

Administrative Instruction 09/2012 on the responsibilities, mandate and scope of work of the Intellectual Property Office (IPO)’s Appellate Commission entered into force on June 19 2012.

According to the IP-related laws in force, appeals against IPO decisions can be filed within 15 days of the receipt of the decision. The laws required that the Ministry of Trade and Industry, under which the IPO operates, establish a commission, which will have the authority to review the appeals.

In accordance with the applicable IP laws, Administrative Instruction 09/2012 defines the responsibilities, mandate and scope of work of the Appellate Commission:

• The commission is to review IPO decisions as the first-instance decision-maker.
• The commission will consist of three members: two permanent and one ad hoc. The two permanent members will be put forward by the head of the IPO and appointed by the minister of trade and industry, while the ad hoc member will be appointed by the head of the IPO. The members will be appointed for three years.
• The administrative instruction also explains the procedure to be followed by the members of the commission when deciding on an appeal.

In addition, Administrative Instruction 10/2012 on the patent registration procedure entered into force on July 11 2012. Following the entry into force of the new Law on Patents in September 2011, the Ministry of Trade and Industry approved Administrative Instruction 10/2012, which provides answers to a number of procedural questions left open by the new law.

Further, Administrative Instruction 12/2012 on official fees entered into force on August 28 2012. This administrative instruction relates to the official fees for the registrations of patents, trademarks and industrial designs. In general, there was no increase in the official fees - in fact, some official fees have been reduced. More importantly, the official fees for certain actions not covered by the previous administrative instruction have been clarified.

Finally, Administrative Instruction 11/2012 on the industrial design registration procedure and Administrative Instruction 13/2012 on the trademark registration procedure were approved and entered into force on August 14 2012. They provide detailed information on the procedures prescribed by the respective laws, in force as of September 2011, including the following:

• application;
• registration;
• opposition;
• publication;
• recordal of changes in the register;
• renewal;
• termination of validity; and
• availability searches.

Jelena Jankovic, PETOŠEVIC, Belgrade