Industrial Designs Law in Kosovo
Certainly! Here's an overview of the Industrial Designs Law in Kosovo:
Industrial Designs Law in Kosovo
Legal Framework
Industrial designs in Kosovo are regulated under the Law No. 04/L-037 on Industrial Property, adopted in 2011.
The Kosovo Intellectual Property Office (KIPO) is the national authority responsible for the registration and administration of industrial designs.
Kosovo’s industrial design law aligns with international standards and treaties.
What is an Industrial Design?
An industrial design protects the appearance of a product or part of it, such as lines, contours, colors, shape, texture, or materials.
It covers ornamental or aesthetic aspects, not the technical or functional features.
The design must be new and have individual character.
Protection under Kosovo Law
Definition:
The design relates to the appearance of the whole or part of a product, resulting from features such as lines, contours, colors, shape, texture, or materials.
Registration Authority:
The Kosovo Intellectual Property Office (KIPO) administers design registrations.
Eligibility:
The design must be new (not disclosed to the public before the filing date).
Must have individual character, creating a different overall impression compared to existing designs.
Exclusions:
Designs dictated solely by technical function.
Designs contrary to public order or morality.
Registration Process
Applications are filed with KIPO and must include representations of the design (drawings, photographs, or samples).
KIPO conducts a formal examination.
Registered designs are published, and a certificate of registration is issued.
Duration of Protection
Protection is granted for an initial period of 5 years from the filing date.
It can be renewed in 5-year increments for up to a maximum of 25 years.
Rights Conferred
The registered owner gains the exclusive right to use the design.
The owner can prevent unauthorized use, manufacture, sale, or importation of products bearing the design.
Rights may be assigned, licensed, or transferred.
International Treaties
Kosovo aligns with international treaties such as:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
Kosovo has observer status or applies for membership in relevant international IP organizations and strives to harmonize its IP laws accordingly.
Enforcement
Industrial design rights are enforced through Kosovo courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 04/L-037 on Industrial Property |
| Registration Authority | Kosovo Intellectual Property Office (KIPO) |
| Protection Duration | Up to 25 years (initial 5 + renewals) |
| Examination Type | Formal examination |
| International Treaties | Paris Convention, TRIPS |
| Rights Conferred | Exclusive rights to prevent unauthorized use |
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