In today’s edition, we look at the European Commission stepping up its battle against illegal online content, a new IP court in China, and controversy in Australia over a trademark application for a football chant.
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be fertile ground for the manufacture and distribution of counterfeit goods. Read more
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Due to its geographical location, the Western Balkans is well connected to other regions and continents. Read more
The Kosovo Court of Appeals has confirmed that trademark owners have the right to prevent the unauthorised import and sale of goods bearing their trademarks, regardless of the goods’ authenticity. Read more
The Law on Customs Measures for the Protection of Intellectual Property Rights has now entered into force in Kosovo, introducing important changes intended to align local customs procedures with Regulation 608/2013.
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Read more
Caterpillar, the owner of the CAT mark, has won a battle in Kosovo against the importer of counterfeit shoes bearing the mark. The goods were destroyed and the importer was ordered to pay a fine for violating the Kosovo Criminal Code. The IP case law is very limited in Kosovo, and this case is encouraging for trademark owners wishing to enforce their rights in the country.
In <em>Jack Daniel’s v BENI</em>, the Kosovo Court of Appeals has ruled that the import and sale of genuine goods bearing registered trademarks without the trademark owner’s authorisation constitutes trademark infringement.
Four new IP-related administrative instructions have recently entered into force in Kosovo. One of these relates to the accelerated examination of trademark applications, which is still available if there has been an alleged infringement of trademark rights.
Amendments to the Law on Trademarks, which aim to bring Kosovo's IP legislation into line with EU legislation, have entered into force. Among other things, the amendments provide for a subjective deadline within which a party may request the reinstatement of its rights, and introduce changes to remedies available in case of trademark infringement.
Following the initiative of the Kosovo Intellectual Property Office, the State Intellectual Property Council has recently been established. The council aims to increase co-operation and co-ordination among all institutions and stakeholders involved in the implementation of IP rights in Kosovo.
Five IP-related administrative instructions have entered into force in Kosovo. For example, Administrative Instruction 09/2012 on the responsibilities, mandate and scope of work of the Intellectual Property Office’s Appellate Commission entered into force on June 19 2012. Moreover, Administrative Instruction 13/2012, which provides detailed information on the trademark registration procedure, entered into force on August 14 2012.
The Industrial Property Office in the Ministry of Trade and Industry has prepared a draft law to amend Law No 04/L-026 on Trademarks. With these amendments, the government seeks to harmonise the protection of industrial property in Kosovo with the relevant directives of the European Union, as part of the legislative reform required by the negotiations for the Stabilisation and Association Agreement between the European Union and Kosovo.
The Kosovo Intellectual Property Office has issued its seventh <i>Official Bulletin</i>, the first to include national trademark applications published for opposition, under the provisions of the new trademark law of September 2011. This bulletin also includes Serbian trademarks refiled in Kosovo.
The Ministry of Trade and Industry of Kosovo has passed Administrative Instruction 01/2012, which provides for a legal framework to request the accelerated examination of trademark applications. An applicant can request accelerated examination if its trademark has been infringed and it has instituted infringement proceedings before the courts.
The new Trademark Law - the result of Kosovo’s efforts to harmonise its legislation with EU law - came into force on September 8 2011. Among other things, the new law provides for opposition proceedings: once an application has been published in the <i>Official Bulletin</i>, the owners of earlier registered trademarks or unregistered well-known trademarks have three months to file an opposition.
The Appellate Court of Pristina has ruled in favour of German pharmaceutical company Bayer AG in a trademark infringement lawsuit against a Kosovan pharmacy operating under the name DPF Bayer. Among other things, the court held that Article 49 of the former Law on Trademarks applies only to cases where the plaintiff acquiesced in the use of a trademark, not a trade name.
Further to the entry into force of the Law on Geographical Indications and Designations of Origin, the Ministry of Trade and Industry has approved Administrative Instruction No 05/2014 on the registration procedure for GIs and DOs and Administrative Instruction No 04/2014 on the official fees for the registration of GIs and DOs. Interested parties are now able to apply for the registration of their GIs or DOs with the Kosovo IP Agency.
The new Law on Geographical Indications and Designations of Origin has entered into force. Under the news law, any GI consisting of the name of a region, specific place or state which is used to describe a specific product originating from that region or state can be registered. GIs and DOs can be protected under the law in several ways.
The new Law on Courts has come into force. According to the new law, the Kosovo court system will consist of the basic courts, the Court of Appeals and the Supreme Court. The Department for Commercial Matters, which will operate in the Basic Court of Prishtina and cover the entire territory of Kosovo, will have the competence to adjudicate industrial property infringement cases, among others.