New Law on Industrial Designs introduces important changes
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The new Law on Industrial Designs, which entered into force in Kosovo on September 5 2011, introduces important novelties.
The new law is intended to bring the country into line with the corresponding EU regulations. The most important change concerns the registration procedure for industrial designs. According to the new law, the Kosovo Intellectual Property Office will perform only a formal examination in order to determine:
- whether the industrial design applied for is genuinely a 'design' as defined by the law; and
- whether it contradicts public policy.
Under the new law, the substantive examination of industrial designs has been abandoned. As a result, the Intellectual Property Office will not assess the novelty and individual character of a design. In contrast to the previous law, the new law also states that a legal person cannot be considered as a designer; the designer can only be a natural person.
Importantly, the provisions of the new law also apply to all procedures that were pending on the date of entry into force of the law. Therefore, all pending industrial design applications filed under the provisions of the previous law will be examined and registered in accordance with the procedures outlined in the new law.
Jelena Jankovic, PETOŠEVIC, Belgrade
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