IP News

The new Kosovo law on consumer protection that entered into force in November 2012 introduced provisions on comparative and misleading advertising.

The new law defines misleading commercial practices and lays down the conditions under which comparative advertising is permitted. If the prescribed conditions are contravened, interested parties can file a complaint with the Ministry of Trade and Industry Inspectorate or other inspection bodies. The competent authority may prohibit comparative and misleading advertising through an ordinance and the costs of the broadcaster will be borne by the advertising sponsor.

The publisher of the advertising is required to submit evidence confirming the accuracy of the factual claims contained in the contested advertisement within seven days of receiving the ordinance. Failure to do so will be taken to mean that the advertising is misleading, questionable and inaccurate. No further consequences have been defined by the law.

By: Florentina Grubi

For more information, please contact Florentina Grubi.

Source: The text of the law

On January 30, 2013, the Kosovo government approved the decision to establish a task force against counterfeiting and piracy. The establishment of the task force was foreseen by the national strategy for combating counterfeited and pirated products, adopted on October 4, 2012.

The task force will consist of the representatives of the Copyright Office, Trade Inspectorate, IPO, Kosovo Customs, Kosovo Police, and Ministry of Justice.

The mission of the task force will be to:

• Promote effective cooperation between public authorities and social and economic organizations in the field of copyright protection;
• Ensure and coordinate the implementation of the strategy and the action plan against counterfeiting and piracy;
• Develop and implement public awareness programs and campaigns; and
• Prepare and deliver proposals for drafting legislation related to copyright enforcement.

On the same date, the Kosovo government also adopted the regulation on mediation in the field of copyright and related rights outlining mediation procedures between copyright collecting societies and their members.

For further information, please contact Kujtesa Nezaj-Shehu.

Source: The Ministry of Culture, Youth and Sports of Kosovo

For the past two years, the Kosovo judicial system has undergone reorganization. According to the Law on Regular Courts of 1978, which was in force until the end of 2012, the Prishtina District Commercial Court had the 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 (No. 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-related cases fall under the jurisdiction of the basic courts, the 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, among others, adjudicate industrial property infringement cases as well as copyright violations. One judge will be assigned to hear these cases.

The 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 territorial jurisdiction over the entire territory of Kosovo.

For further information, please contact Kujtesa Nezaj-Shehu.

On December 14, 2012, SDP KOSOVE organized an INTA roundtable in Kosovo, on the topic of protection and enforcement of well-known marks. This was the first event ever organized in Kosovo on this topic. Given the ambiguous provisions of the well-known marks law in Kosovo and the lack of court practice this event was very welcomed by the attendees.

A total of 32 people from Kosovo, Macedonia and Albania attended the roundtable, including judges, attorneys, students, patent and trademark agents and representatives from the PTO, Copyright Office, the Customs and the Kosovo Police.

The speakers included Ms. Kujtesa Nezaj-Shehu, director of SDP KOSOVE, Ms. Suzana Sejdiu, president of the District Commercial Court of Prishtina, and Mr. Ignacio Lazaro, attorney-at-law. The moderators of the roundtable were Ms. Nezaj-Shehu and Ms. Nora Makolli, associate and trademark and patent agent at SDP KOSOVE.

For copies of the presentations, please contact Ms. Kujtesa Nezaj.

On October 4, 2012, the Kosovo government adopted the national strategy for combating counterfeited and pirated products for the 2012-2016 period, drafted by the Copyright and Related Rights Office in cooperation with other local institutions responsible for the enforcement of IP rights.

The strategy aims to create mechanisms for combating counterfeiting and piracy and by doing so help improve Kosovo’s image and economy.

The strategy defines the objectives to be reached during the 2012-2016 period, the most important of which are to:

• Reduce piracy and counterfeiting;
• Improve the productivity of the creative industry;
• Identify the main causes of increase in piracy and counterfeiting;
• Fight against the informal economy and create favorable conditions for foreign investments;
• Enhance international and national inter-institutional cooperation;
• Achieve European standards.

The strategy also foresees the establishment of a task force, whose mission will be to:

• Promote effective cooperation between public authorities and social and economic organizations in the field of copyright protection;
• Ensure and coordinate the implementation of the strategy and the action plan against counterfeiting and piracy;
• Develop and implement public awareness programs and campaigns;
• Prepare and deliver proposals for drafting legislation related to copyright enforcement.

By: Kujtesa Nezaj-Shehu

Source: The text of the strategy