New Law on Courts enters into force

Kosovo

For the past two years, the Kosovo judicial system has undergone reorganisation. According to the Law on Regular Courts of 1978, which was in force until the end of 2012, the Prishtina District Commercial Court had jurisdiction to adjudicate industrial property-related cases, while copyright-related matters were under the jurisdiction of the District Court of Prishtina.

On January 1 2013 a new Law on Courts (2010-199) came into force. According to the new law, the Kosovo court system will consist of:

  • the basic courts (courts of first instance);
  • the Court of Appeals (second instance court, seated in Prishtina); and
  • the Supreme Court (seated in Prishtina).

Although commercial cases fall under the jurisdiction of the basic courts, a Department for Commercial Matters has been established to operate only in the Basic Court of Prishtina and cover the entire territory of the Republic of Kosovo. The department will have the competence to adjudicate industrial property infringement cases, as well as copyright violations, among others. One judge will be assigned to hear these cases.

A Commercial Matters Department will also be established within the Court of Appeals, which will serve as a second instance court with competence throughout the entire territory.

The Supreme Court is the highest judicial authority in Kosovo and has jurisdiction over the entire territory of Kosovo.

Jelena Jankovic, PETOŠEVIC, Belgrade

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