New law on GIs and DOs enters into force
The new Law on Geographical Indications and Designations of Origin (No 04/L-187) entered into force in Kosovo on July 19 2013.
According to the new law, geographical indications (GIs) can be registered with Kosovo’s Industrial Property Office. Any GI consisting of the name of a region, specific place or (in special cases) state which is used to describe a specific product originating from that region or state can be registered.
Registered GIs or designations of origin (DOs) will be protected against:
- any direct or indirect commercial use of products that are not registered where those products are comparable to the products registered;
- any misuse, imitation or infringement;
- any inaccurate (false) or misleading indication in terms of genealogy, origin, nature or essential qualities of the product; and
- every other practice or action that may mislead the consumer as to the true origin of the product.
GIs and DOs can be protected under the new law in several ways, including:
- a procedure for finding and stopping the infringement;
- an application for the seizure and destruction of the infringing products; and
- an application for compensation for damages.
Moreover, the law provides for penalties, such as monetary fines the amount of which depends on various factors.
Jelena Jankovic, PETOŠEVIC, Belgrade
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