INTELLECTUAL PROPERTY RIGHTS IN KOSOVO

The new Law on Trademarks No. 04/L-026 (in force since September 8, 2011) and Law no 05/L-040 on amendments of Law on Trademarks no. 04/L-026 in force as from August 15, 2015 – are the primary laws governing the mechanism of trademark registration and protection in Kosovo.
For getting a trademark registered in Kosovo, an application has to be filed with the Kosovo IP Office.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
Kosovo follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is three (03) months from the date of publication of the trademark application in the Official Bulletin.
Registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Kosovo is not a member of any international conventions related to intellectual property matters, except the Hague Apostille Convention as of July 14, 2016.
The Law on Patents No. 04/L-029, published on August 29, 2011 in the Official Gazette of the Republic of Kosovo governs the mechanism of patent protection in Kosovo.
For seeking patent protection in Kosovo, an application has to be filed with the Kosovo IP Office, which administers the entire process of patent grant.
In Kosovo, an invention that is new, involves an inventive step, and is has industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
Only a Non-Convention Application can be filed in Kosovo.
Pre-grant opposition cannot be raised against a patent opposition in Kosovo.
Patents last for twenty (20) years in Kosovo. Annuities are due for the third and each following year for patent applications and patents counting from the filing date.

The Industrial Design Law of January 15, 2016, governs and deals with the mechanism of registration of industrial designs in Kosovo.
For getting an industrial design registered in Kosovo, an application has to be filed with the Kosovo IP Office, which administers the entire process of registration.
Convention application cannot be filed for designs in Kosovo.
Opposition against an industrial design application can't be raised in Kosovo.
The total duration of industrial design registration is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (12) months.
There is no grace period to renew a registered industrial design.

Kosovo is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law No. 2004/45 on Copyright and Related Rights of 29th June 2006 – is the primary law for copyright protection in Kosovo.
In Kosovo, copyright comes into existence as soon as the work is created. No formal procedure is laid down for registration.
Copyright shall run for the life of the author plus seventy (70) years after his death.
Copyright in anonymous and pseudonymous works shall run for seventy (70) years after the lawful disclosure of the work.
Copyright on a co-author's work shall last seventy (70) years from the death of the last surviving co-author.
In case of collective works, the copyright shall run for seventy (70) years after the lawful disclosure of the work.