LAW ON INDUSTRIAL DESIGN

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OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 9 / 22 AVGUST 2011, PRISTINA

LAW No.04/L – 028

ON INDUSTRIAL DESIGN

The Assembly of Republic of Kosovo,

Based on Article 65 (1) of the Constitution of Republic of Kosovo;

Adopts:

LAW ON INDUSTRIAL DESIGN

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

By this Law shall be provided the requirements and procedures for registration of the industrial

design, the rights deriving from registration and implementation of such rights and community

design.

Article 2

Scope of implementation

This law is implemented for all industrial designs, subject to the procedure of registration at the

Office for Industrial Property, including the community design and international registration which

are valid in the Republic of Kosovo.

Article 3

Definitions

1. The terms used in this Law shall have the following meanings:

1.1. Ministry – the Ministry of Trade and Industry;

1.2. Minister – the Minister of Trade and Industry;

1.3. Office of Industrial Property (OIP) – the independent Industrial Property Office of

the Republic of Kosovo within the Ministry of Trade and Industry;

1.4. Design – the outer appearance of the whole or of a part of product resulting from

features of, shape, form, color, lines, contours, texture or materials of the product itself or

its ornaments;

1.5. Product – any industrial or handicraft item, including the parts intended to be

assembled into a complex product, packaging, equipment for books, graphic symbols

and typographic typefaces, but excluding the computer programs;

1.6. Complex product – a product which is composed of multiple components which can

be replaced permitting disassembly and reassembly of the product;

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1.7. The Paris Convention – Paris Convention for the Protection of Industrial Property of

20 March 1883, as revised at Brussels on 14 December, 1900, at Washington on

June 2, 1911, at the Hague on 6 November, 1925, at London on 2 June, 1934, at Lisbon

on 31 October, 1958, and at Stockholm on 14July, 1967, and as amended on 28

September, 1979;

1.8. The Locarno Agreement – Locarno Agreement Establishing an International

Classification for Industrial Designs, signed at Locarno on 8 October 1968 as amended

on 28 September 1979;

1.9. International Classification – the international classification for industrial designs,

established through the Locarno Agreement;

1.10. The Hague Agreement – Hague Agreement Concerning the International Deposit

of Industrial Designs of 6 November 1925, as revised in the Hague on 28 November

1960 (1960 Act), as complemented in Stockholm on 14 July 1967, with the amendments

of 28 September 1979 (Complementary Act of 1967), and the Geneva Act of the Hague

Agreement on the International Registration of Industrial Designs, adopted in Geneva on

2 July 1999 (the Geneva Act of 1999) and the provisions of implementing regulations to

the Hague Agreement;

1.11. International Bureau – the International Bureau of the World Intellectual Property

Organization;

1.12. Regulation for Community Design – the Council Regulation (EC) No 6/2002 on

Community Designs and its amendments;

1.13. Community Design – the registered and unregistered design as defined in

Regulation for Community Designs;

1.14. Application for Community Design – the procedure for registration of the

Community Design pursuant to provisions of the Regulation on Community Designs;

1.15. National Design – the industrial design acquired in the Office of Industrial Property,

according to procedure and pursuant to the provisions of this Law;

1.16. Application for National Design – the procedure for registration of the national

design in the Office for Industrial Property, pursuant to the provisions of this Law.

1.17. Exclusive Right from Design – the right of the owner of industrial design for use

of registered design and obstacle of other persons in using the design without his/her

permission.

1.18. Exclusive License – license issued by the owner of the design by which shall be

carried out the exclusive rights from industrial design.

1.19. Non-exclusive License – license issued by the owner of the design by which shall

be carried out only the rights defined by the owner of the design.

1.20. Sub-License – license issued by the winner of a license as foreseen by the license

of contract.

1.21. Priority Certificate – certificate by which is verified the priority right of application

for design.

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Article 4

Industrial Property Office

Industrial Property Office (hereinafter the Office) is competent for the registration procedure and

protection of the industrial design pursuant to this law.

CHAPTER II

REQUIREMENTS FOR PROTECTION OF INDUSTRIAL DESIGN

Article 5

Protection of Industrial Design

1. By industrial design right is protected the design to the extent that is new and has individual

character.

2. A design applied to product or incorporated in a product which constitutes a component part of

complex product shall only be considered to be new and to have individual character in following

cases:

2.1. if the component part, once it has been incorporated into the complex product,

remains visible during normal use of product;

2.2. when to the extent that those visible features of the component part fulfill in

themselves the requirements as to novelty and individual character.

3. According to paragraph 2. sub-paragraph 2.1. of this Article shall mean use by the end user,

excluding maintenance, servicing or repair of the product.

Article 6

Design novelty

1. A design shall be considered new if no identical design has been made available to the public

before the date of filing of the application for registration or, if priority right is claimed, prior

recognition of priority right.

2. Designs shall be considered to be identical if their features differ only in immaterial details.

Article 7

Individual character of the design

1. It is considered that the design has individual character if the common impression created to

the informed consumer differs from the impression that was left to the consumer by any other

design, that has been available to the public before the date of the submission of application for

the design, or if the right of priority was required before the date of recognition of the priority right.

2. In assessing individual character of the design, the degree of the freedom of designer in

developing the design shall be taken into consideration.

Article 8

Design disclosure

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1. For the purpose of applying Articles 6 and 7 of this Law, a design shall be deemed to have

been made available to the public if it has been published following registration or otherwise, or

exhibited, used in trade or otherwise disclosed, except where these events could not reasonably

have become known in the normal course of business to the circles specialized in the sector

concerned, operating within the territory of the Republic of Kosovo, before the date of filing of the

application for registration or, if priority right is claimed, prior recognition of priority right.

2. The design shall not, however, be considered to have been made available to the public for the

sole reason that it has been disclosed to a third person under explicit or implicit conditions of

confidentiality

3. Disclosure of the design according paragraph 1. of this Article shall not be considered if design,

which protection is claimed, has been made available to public and if:

3.1. by the designer, his successor in title, or a third person as a result of information

provided or action taken by the designer, or his successor in title;

3.2. during the twelve (12) month period preceding the date of filing of the application or,

if priority right is claimed, from the date of priority.

4. The provisions of paragraph 3. of this Article shall also apply in cases when the design has

been available to the public as a consequence of abuse in relation to the designer or his

successor.

Article 9

Designs dictated by their technical function and designs of interconnections

1. External features of the product shall not be protected with industrial design:

1.1. which are dictated by technical functions;

1.2. to which the reproduction is necessary for the same shape and dimension, in order

that the product in its composition the design may be mechanically assemble with

another product and may be placed on, or together with the other product around it, in

order that both products may perform their functions.

2. Notwithstanding of provisions of paragraph 1., subparagraph 1.2. of this Article, the design

shall exist, pursuant to Articles 6 and 7 of this Law, in the designing dedication which will enable

the connection of the interchangeable parts of a product.

Article 10

Design contrary to public policy morality

The design which is contrary to public policy and moral principles shall not be protected.

CHAPTER III

THE RIGHT ON INDUSTRIAL DESIGN

Article 11

Designer

1. A designer is the natural person who created the industrial design.

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2. A person who has only provided technical assistance in the creation of the design shall not be

considered a designer.

Article 12

Right to the industrial design and the right of the assumed holder

1. A designer or his successor has the right to initiate acquiring procedure of the industrial design

pursuant to this Law.

2. If the designer is not the applicant, the applicant shall be deemed to have right to the initiate

acquiring procedure of the industrial design in accordance with paragraph 1. of this Article, until

proven the contrary.

3. If the design was created on the basis of a commission contract, the right to the design shall

vest in the commissioner of the design, unless otherwise specified by the contract.

4. If the design was created be the designer while execution of his duties as employee or

following instructions given by his employer, the employer has the right to initiate the procedures

for acquiring the industrial design, unless otherwise specified by the contract.

5. Person on whose name the industrial design is registered or the person on whose name the

application is submitted before registration, is considered to be the person who is entitled for all

the proceedings developed at the Office in regard to the design.

Article 13

Joint creation of an industrial design

1. If the design was created by the joint efforts of several designers, the right to that industrial

design shall vest in them, their successors in title, jointly, and they shall all be deemed entitled to

the industrial design in accordance with this Law.

2. The share of the designer in a jointly created design shall be determined in proportion to each

of the designers’ actual contribution in creating the design, unless otherwise specified by contract.

3. If the shares of the designers are not specified in the contract and cannot be determined in

proportion to each of the designers’ actual contribution in creating the design, they shall be

deemed equal.

Article 14

Moral rights of the designer

1. The designer has moral right in his designs, notwithstanding whether he is the applicant or the

right holder of a registered industrial design.

2. The moral right of the designer cannot be transferred.

3. If several designers participated in the creation of the design, the right under paragraph 1. of

this Article belongs to all designers notwithstanding contribution in the design creation.

Article 15

Equality on the right of industrial design

Legal and natural persons, local or foreigners, have the equal rights for acquiring and protection

of the design pursuant this Law.

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CHAPTER IV

EFECTS OF A REGISTERED INDUSTRIAL DESIGN

Article 16

Acquisition of an industrial design

1. The industrial design is acquired by decision of the registration and the registering of the

design in the register.

2. The date of entry in the register shall be the same as the date of the decision on granting the

registration of an industrial design.

Article 17

The exclusive rights granted by the industrial design

1. The holder of the industrial design has the exclusive right for use of the registered design, and

prevents third parties from using the design without his permission.

2. Usage, pursuant to paragraph 1. of this Article, includes the processing, offer, circulation,

import, export, transit or the use of the product in composition of which the design or the

commercialization of product for these purposes is included.

3. If the publication of a registered industrial design is deferred within the meaning of Article 45 of

this Law, for the duration of the deferment, the holder of the industrial design shall have the right

to prevent third parties from taking the actions referred to in paragraph 2. of this Article, only if

such use results from copying of the registered design.

Article 18

Limitation of exclusive rights

1. The exclusive right shall not be exercised in respect of:

1.1. acts done privately and for non-commercial purposes;

1.2. acts done for experimental purposes;

1.3. acts of reproduction for the purposes of making citations or of teaching, provided that

such acts are compatible with fair trade practice and do not unduly prejudice the normal

exploitation of the design, and that mention is made of the source.

2. The acts mentioned in paragraph 1 of this Article, the rights conferred by an industrial design

upon registration shall not be exercised in respect of:

2.1. the equipment on ships and aircraft registered in another country when these

temporarily enter the territory of the Republic of Kosovo;

2.2. the importation in the Republic of Kosovo of spare parts for the purpose of repairing

such aircraft;

2.3. the execution of repairs on such aircraft.

Article 19

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The right of prior use of design

1. A right of prior use shall exist for any third person who can establish that before the date of

filing of the application, or, if a priority is claimed, before the date of priority, he has in good faith

commenced use within the territory of the Republic of Kosovo, or has made serious and effective

preparations to that end, of a design included within the scope of protection of a registered

design, which has not been copied from the latter.

2. The third person, upon prior use, has the right to use the design for the purpose of use prior to

the date of submitting application for design or before the date of the recognition of priority right, if

the priority has been claimed.

3. The person, who has the right on the design on the basis of earlier use, cannot give a license

to third parties for the use of the design.

4. The right of prior use cannot be transferred except, where the third person is a business and

design is transferred along the part of the business in the course of which acts of use or

implementation were done pursuant to paragraph 1. of this Article.

Article 20

Cessation of the right for prohibition of design use

1. The right for prohibition of the use of the product which contains the industrial design ceases

upon placement into market in the Republic of Kosovo by the holder of the design or due

permission of the holder.

2. Cessation of the right from paragraph 1. of this Article may be also extended outside the

territory of the Kosovo, if such is defined by international agreements mandatory to Republic of

Kosovo.

CHAPTER V

INDUSTRIAL DESIGN AS THE OBJECT OF PROPERTY

Article 21

Transfer

1. An industrial design can be transferred to another person.

2. The transfer shall, at the request of one of the parties according to their prior agreement, be

registered in the register and published in the Office bulletin.

3. The transfer shall only have effect to third parties after the entry in the register. Before

registration, the transfer has effect on the third parties which have been aware for such act.

Article 22

License

1. The holder of industrial design may issue exclusive and non-exclusive license for using of the

right of the design fully or partially, which may be valid for the whole territory of the Republic of

Kosovo or a part of it.

2. The right for usage of the industrial design is acquired based on the licensing contract and has

effect on third parties after the registration of the license in the Register.

3. The licensing contract shall be in written form and signed by the contracting parties.

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4. The holder of the design may implement the rights of the design against the licensed person

who infringes some provision of the contract for licensing, and especially regarding to the validity

period of the license and the usage limits of the design.

5. The licensed person may initiate court proceeding regarding to the infringement of the rights

derived from industrial design, only if the holder of the industrial design does not agree with this.

6. The licensed person may issue sub-license only if it is defined by the contract.

7. The license is registered after the request for that is done by the owner of the design or of the

person who received the industrial design license is delivered to the Office.

8. The registration of the license shall be published in the Office bulletin.

9. The form and request content for the registration of the license shall be defined by sub-legal

act.

Article 23

The right of pledge in industrial design

1. An industrial design may be subject of pledge.

2. On request of one of the parties, the rights mentioned in paragraph 1. of this Article shall be

registered in the register.

3. The registration of pledge is published in the Office bulletin.

4. The pledge creates legal consequences towards third parties after the registration in the

register.

5. The form and the content of the request for the registration of the pledge shall be defined by

sub-legal act.

Article 24

The execution procedure

1. An industrial design may be subject of execution.

2. On request of one of the parties, the rights mentioned in paragraph 1. of this Article shall be

registered in the register and published.

3. The execution procedure creates legal consequences towards third parties after the

registration in the register.

4. The form and the content of the request for the registration of the execution procedure shall be

defined by sub-legal act.

Article 25

Bankruptcy

If the industrial design has been included in the bankruptcy procedure, by the request of the

competent body, this fact is registered and published in the bulletin of the Office.

Article 26

Application for the registration of the industrial design as an object of proprietary

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Provisions of Articles 21, 22, 23, 24 and 25 shall be implemented for the applications of

registration of the industrial designs as an object of propertary.

CHAPTER VI

APPLICATION FOR REGISTRATION OF AN INDUSTRIAL DESIGN

Article 27

Initiation of the industrial design registration procedure

The procedure for the registration of an industrial design shall be initiated by filing the application

at the Office.

Article 28

Content of the application

1. Application for the industrial design shall contain:

1.1. a request for registration of the industrial design;

1.2. information identifying the applicant;

1.3. a representation of the design suitable for reproduction. However, if the object of the

application is a two-dimensional design and the application contains a request for

deferment of publication in accordance with Article 45 of this law, the representation of

the design may be replaced by a specimen.

2. The application of industrial design shall further contain:

2.1. indication of the product in which the design is intended to be applied;

2.2.information identifying the duly authorized representative if the applicant has

appointed one;

2.3. if there was a joint application, the information for the joint representative.

3. In addition, the application of industrial design may contain:

3.1. a description explaining the representation or the specimen;

3.2. a request for deferment of publication of the registered design in accordance with

Article 45 of this Law;

3.3. classification of the product, respectively inscription of the class, in which the product

needs to be integral part or in which the design has to be implemented with the Locarno

Agreement, based on the International Classification;

3.4. information for the designer or the designers, or the statement that the designer or

designers has waived the right to be cited;

3.5. information and evidence of the priority referred to in Articles 33 or 34 of this Law.

4. The form and content of the application for industrial design and all the other constitutive parts

of the application shall be defined by sub-legal act.

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5. Data on the application for the industrial design stated in the paragraph 2 and paragraph 3,

sub-paragraph 3.1 and 3.3 of this Article; shall not affect the volume of protection of the design.

6. The application shall evidence the payment of registration and publication fee, whereas if

deferment has been required according to paragraph 3 and sub-paragraph 3.2 of this Article,

shall contain the evidence of payment of deferment fee.

Article 29

Industrial design multiple application

1. If the application contains several designs, all the products on which the design is constitutive

part, or on which the design shall be incorporated, shall be classified in one class based on

international classification.

2. In the multiple applications, the number of the designs being requested for protection shall be

noted.

3. For every design which is included in the multiple applications, may be acted separately with

the purpose of implementation of provisions of this law. The design in such cases may be the

subject of the rights from the license contract, mortgage or pledge, execution procedure,

bankruptcy, transfer of the rights, publication deferment or invalidity of the design.

4. The multiple applications shall be subject of additional payment fee for registration and

publication.

Article 30

Division of the multiple application

1. The application may divide the multiple applications into two or more applications that each

refers to one or more product designs.

2. Each application separated from a multiple application shall retain the priority right of the

multiple application.

3. The conditions for division of the multiple applications shall be defined by sub-legal act.

Article 31

Application date

The application date for the industrial design shall be the date when the documents, containing

information as defined by Article 28 paragraph 1. of this law, submitted by applicant at the Office.

Article 32

The priority right acquired by application

1. If the application for registration of the industrial design has been submitted according to

Articles 28 and 29 of this law, the applicant from the date of submitting application has the right of

priority towards any other applicant, who may submit later the application for registration of the

same industrial design.

2. Every application filed under an international agreement to which the Republic of Kosovo is a

party shall also give rise to the priority of such an application according to the provisions of the

agreement.

3. The right of priority invoked according to Articles 33 and 34 of this Law shall have the effect

that the date of priority shall be deemed as the date of filing of the industrial design application for

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the purposes of establishing which rights take precedence in accordance with paragraph 1. of this

Article.

Article 33

Priority right

1. If an applicant has duly filed a first application for industrial design right in any State member to

the Paris Convention, or to the Agreement Establishing the World Trade Organization, in cases of

application of the same industrial design in the Republic of Kosovo, may invoke the right of

priority of the first application, under condition that he files the application within a period of six (6)

months from this date.

2. The applicant invoking the right of priority from paragraph 1 of this Article shall indicate basic

information pertaining to the application invoked as state, application date and number of

application, within the period of three (3) months from the date of application at the Office, by

presenting the description of the first application certified by the authorized body of the member

state of the Paris Union, as well as the translation of the description.

3. If the applicant does not fulfill the requirements stated in paragraph 1. of this Article, shall be

considered that the right of priority has not been claimed.

Article 34

Exhibition priority right

1. If an applicant has disclosed products in which the industrial design is incorporated, or to which

it is applied, at an official or officially recognized international exhibition in the Republic of Kosovo

or in the Member State of the Paris Union or the World Trade Organization, he may, if he files the

application within a period of six (6) months from the date of the exhibition.

2. An applicant invoking the exhibition priority right based on the date of exposition of a product

shall, alongside the application filed to the Office, file a certificate issued by the competent

authority of the Member State of the Paris Union, containing information concerning the type of

the exhibition, venue, dates of opening and closing of the exhibition and the first day of exhibiting

the products cited in the application, and evidence that the product design which was exhibited is

identical to the one cited in the application.

3. If the applicant does not meet the requirements set out in paragraph 2. of this Article, priority

shall be deemed not to have been claimed.

Article 35

Certificate of priority

At the request of the industrial design applicant or the industrial design holder and upon payment

of the required fee, the Office shall issue a certificate of priority right.

CHAPTER VII

REGISTRATION OF THE DESIGN

Article 36

Register

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1. The Office shall maintain a register in which applications for the registration of the industrial

designs which comply with formal requirements from Article 28 of this Law and which have been

accorded a filing date pursuant to Article 31 of this Law will be entered, as well as industrial

designs for which registration was not refused pursuant to Article 42 of this Law.

2. The content of the register shall be regulated by sub-legal act.

3. The Register is public.

4. If the application contains the request for deferment of publication of the registration in

accordance with Article 45 of this Law, the information on this application registration shall not be

public before the publication of the registration pursuant to the Article 44 of this Law.

5. At the request of the interested party, and after the payment of the required fee, the Office shall

issue an extract and a print out from the register.

Article 37

Office bulletin

The Office shall publish the bulletin with the information defined by this law and sub-legal acts.

Article 38

Fees

1. For all the procedures regulated by this law, the respective fees shall be paid.

2. Types and their amount of fees shall be defined by sub-legal act.

3. If the fees have not been paid, the application or the request is rejected; while in the case of

non-payment of the tariffs for continuation of the protection of the industrial design, the industrial

design shall lapse.

Article 39

Search on novelty of the design

At the request of an interested party and after the payment of the required fee, the Office shall

provide the services comprising novelty search of the registered industrial designs, having effect

in the Republic of Kosovo.

Article 40

Determination of the application date for industrial design

1. Upon receiving the industrial design application, the Office shall examine whether the

application meets the requirements for according the filing date referred to in Article 28 paragraph

1. of this Law.

2. If the application does not meet the requirements for according to a filing date, the Office shall

invite the applicant to remedy the found deficiencies, within sixty (60) days from the date of

receipt of the notification.

3. If the deficiencies are remedied within the set time limit, in accordance with the invitation

referred to in paragraph 2. of this Article, the Office shall accord, as the filing date, the date on

which the deficiencies were remedied.

4. If the application, within the determined timeline does not act according to invitation of the

Office, the application shall be rejected with a decision.

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5. After according the filing date of the application, the Office shall invite the applicant who has

not submitted evidence of having paid the prescribed fee, to do so within thirty (30) days from the

day of receipt of the invitation.

6. After the filing date of the application may not be changed by extending the scope of protection

of the design.

7. On the request of the applicant or the holder of the registered design, amendments of the

name or the address of the applicant, shall be permitted or correction of any other technical error

with a condition that the object of protection is not extended, and after the additional fee have

been paid.

8. The content of the request for amendments in accordance to paragraph 7. of this Article shall

be defined by sub-legal act.

Article 41

Formal examination of the application on industrial design

1. By a formal examination of an industrial design application, the Office shall establish whether

the application complies with the requirements set out in Article 28 paragraph 1. of this law,

respectively requirements set out in Article 29 the multiple application.

2. If the industrial design application does not comply with the requirements set out in paragraph

1. of this Article, the Office shall invite the applicant to remedy the application within sixty (60)

days.

3. Upon request of the applicant, the timeline referred to in paragraph 2. of this Article may be

extended for a maximum sixty (60) days under the condition of payment of additional fee.

4. If the applicant does not act according to the invitation of the Office, the application shall be

rejected with a decision.

Article 42

Refusal of the registration of an industrial design

1. The office shall refuse the registration of the industrial design, if:

1.1. the design is not a design within the meaning of Article 3 paragraph 1 sub-paragraph

1.4 of this Law;

1.2. the design does not meet the requirements set out in Article 10 of this Law;

1.3. the design constitutes an unauthorized use of any of the items listed in Article 6b of

the Paris Convention, or of badges, emblems and different escutcheons, which are of

particular public interest in the Republic of Kosovo.

2. The Office may partly refuse the registration of an industrial design according to paragraph 1.

sub-paragraphs 1.2 and 1.3 of this Article if the design meets the requirements for registration in

that form and if the identity of the design is retained.

3. The refusal decision of the registration of the design may not be issued if the applicant has not

been previously in writing regarding causes of refusal and has not been invited to withdraw the

application or declare his observations in writing about causes of refusal.

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4. The application for registration of the design has the right within sixty (60) days from the day of

receiving written notification referred to in paragraph 3. of this Article, and submit the evidence of

possible new facts, that could affect the final decision of the Office.

5. Upon request of the applicant, the timeline referred to in paragraph 4. of this Article may be

extended for a maximum of sixty (60) days.

Article 43

Design registration

If the requirements that an application for a registration of an industrial design must satisfy have

been fulfilled according to Article 41 of this Law and to the extent that the application has not

been refused by virtue of Article 42 of this Law, the Office shall register the industrial design,

under condition that the maintenance fee for the first five (5) year period of industrial design

protection has been paid.

Article 44

Publication of the design

1. The registered design shall be published in the Office bulletin.

2. The content of information for the published design in the Office bulletin shall be defined by

sub-legal act.

Article 45

Deferment of publication

1. The applicant may request, while filing the application, that the publication of the registered

industrial design be deferred for a period of twelve (12) months from the date of filing the

application or, if a priority is claimed, from the date of priority.

2. Upon such request, where the conditions set out in paragraph 1. are satisfied, the industrial

design shall be registered, but information for the design or any data relating to the application

shall not be open to public.

3. The Office shall publish in the official gazette a mention of the deferment of the publication of

the registered industrial design. The mention shall be accompanied by information identifying the

holder of the registered industrial design, the date of filing the application and other particulars

defined by sub-legal act.

4. In the case referred to in paragraph 1. of this Article, the Office shall, at the expiry of the period

of deferment or at any other prior date at the request of the right holder, invite him to provide,

within thirty (30) days from the day of receiving invitation, a graphic or photographic reproduction

of the design from the application as prescribed by Article 28 paragraph 1.3 of this Law.

5. If the holder of the industrial design fails to comply with the invitation referred to in paragraph 4.

of this Article or if the maintenance fee for the first five (5) year period of industrial design

protection has not been paid, the industrial design shall be deemed from the outset not to have

had legal effects.

6. In the case of the multiple applications to Article 29 of this law, provisions referred to paragraph

1. and 3 of this Article may also apply only to some of the designs included in that application.

Article 46

Certificate of the industrial design

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1. At the request of an industrial design holder and after the payment of the required fee, the

Office shall issue a certificate to the industrial design holder.

2. Content of the certificate is defined by sub-legal act.

CHAPTER VIII

SCOPE AND TERM OF DESIGN PROTECTION

Article 47

Volume of protection

1. The scope of protection conferred by an industrial design shall include any design which does

not produce a different overall impression on the informed user.

2. In assessing the scope of the protection, the degree of freedom of the designer in developing

his design shall be taken into consideration.

Article 48

Term of protection

1. Protection of the industrial design lasts for five (5) years, counting from the date of the filing of

the application for industrial design.

2. Protection of the industrial design may be extended for the additional period of five (5) years,

for a total period of twenty-five (25) years, counting from the date of filing of the application.

Article 49

Renewal of registration

1. The holder of the industrial design claiming renewal of the protection, during last year of validity

or latest six (6) months after the expiry of the period of validity, shall submit to the Office the

renewal request for protection of the industrial design and pay the additional fee.

2. The new period of protection begins on the date of expiry of the previous period of protection.

3. The registration of renewal for protection of industrial design shall be published in the Office

bulletin.

4. The contents of the request for renewal of industrial design shall be defined by sub-legal act.

Article 50

Review of the Office decisions

1. Complaint against office decision shall be permitted within the time limit of fifteen (15) days

from the day of decision was received.

2. The complaint shall be address to the review commission which within the time limit of thirty

days (30) from the receipt of the complaint shall decide concerning complaint and inform the

party.

3. Commission for review of the complaints shall be established by the decision of the Minister.

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4. Against decisions of the commission a sue may be submitted at competent court within the

time limit of thirty days (30).

5. Competencies, mandate and work of the commission shall be regulated by bylaws.

CHAPTER IX

VALIDITY EXPIRATION AND ANNULMENT OF THE INDUSTRIAL DESIGN

Article 51

Validity expiration of the industrial design

1. Industrial design shall ceases being valid in the following cases:

1.1. on expiry of the validity period of the industrial design as referred to in Article 49 of

this Law;

1.2. on the basis of the declaration by the holder on surrender of the design which shall

not be valid from the date of filing written declaration of the surrender at the Office.

2. The cease of the validity of the design shall be registered in the register and published in the

Office bulletin.

Article 52

Design surrender

1. The surrender of an industrial design shall be declared to the Office in writing by the right

holder. The declaration shall not have legal effects after being registered in the register.

2. If an industrial design which is subject to deferment of publication is surrendered, it shall be

deemed from the outset not to have had the effects specified in this Law.

3. An industrial design may be partially surrendered provided that its amended form complies with

the requirements for protection and the identity of the design is retained.

4. If the license has been registered, surrender shall be entered in the register only if the right

holder of the industrial design proves that he has informed the licensee of his intention to

surrender.

5. If an action pursuant to Article 71 of this Law relating to the entitlement to an industrial design

has been brought before a competent court, the Office shall not enter the surrender in the register

without the agreement of the claimant.

Article 53

Full or partial annulment of the registered industrial design

1. The Office, through a decision, fully or partially annuls the registered industrial design if:

1.1. the design is not in accordance with Article 3, paragraph 1 and sub-paragraph 1.4 of

this law;

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1.2. the design does not meet the requirements under Articles 5, 6, 7, 8, 9 and 10 of this

law;

1.3. the applicant or holder of the registered design is not its holder;

1.4. the design is in conflict with a prior design which was made available to public after

the date of application or in cases when the priority is claimed, after the received priority

date, the design shall be protected from the date which existed before the registration of

design or before invoke for such a right;

1.5. any distinction sign is used in the next design, and the right holder of this distinctive

sign has the right to prohibit such use;

1.6. if the design constitutes an unauthorized use of a work protected under the copyright

law;

1.7. if the design constitutes an unauthorized use of any of the items listed in Article 6b of

the Paris Convention, or of badges, emblems and escutcheons other than those covered

by Article 6b of the said Convention which are of particular public interest in the Republic

of Kosovo.

2. In cases when the industrial design is partially canceled, may be maintained in the amended

form, if that form is in accordance with the requirements for protection and if design identity is

retained.

3. After the endorsement of the annulment decision, the Office declares the industrial design

invalid.

Article 54

Design annulment request

1. The request for annulation of the design according to Article 53 of this law may be submitted in

written to the Office.

2. Request for annulation of the design may be submitted during the protection period. The

request may be filed even after the termination of effect of the design, if the applicant evidences

that the procedures for justification of the violation of the right of design have been initiated, or if

applicant has initiated the court procedure to prove that he has not, in any case, infriginated the

rights of industrial design.

3. Application received according to paragraph 1. of this Article, shall not be reviewed until the

respective fee has been paid.

4. Contents of the request for annulation shall be defined by sub-legal act.

5. Reasons for annulment of the industrial design, defined by Article 53 paragraph 1. subparagraph

1.3. and 1.5. of this law may be requested only by the owner of the design.

6. Causes for annulment of the industrial design, defined by Article 53 paragraph 1. subparagraph

1.4. of this law, may be invoked only by the applicant or the holder of the right of

priority in the conflict.

7. Causes for annulment on of the industrial design, defined by Article 53 paragraph 1. subparagraph

1.6. of this law, may be invoked only by the person whose rights have been infringed.

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8. Except cases defined in the provisions set out in paragraphs 5., 6., 7. of this Article, the

request for the declaration of invalidity of an industrial design may be invoked by any natural or

legal person.

Article 55

Review of the design annulment request

1. The Office reviews the application for annulment of the design.

2. If the Office finds that the application for a declaration of invalidity is admissible, the Office shall

examine whether the causes for invalidity referred to in the application prejudice the maintenance

of the industrial design.

3. In the examination of the application the Office shall invite the parties, to file information

regarding the request within sixty (60) days from the day of receiving written invitation.

4. Upon request of the applicant, the time limit referred to in paragraph 3. of this Article may be

extended for a maximum sixty (60) days, after payment of the respective fee.

5. In cases when the Office assesses that the requirements for annulment of the design are not

met in accordance with Article 53 of this law, then the Office through a decision, rejects the

request for annulment of the design.

Article 56

Joining the requests for the proceedings of design annulment

1. In the event of an application for a declaration of invalidity of a registered industrial design

being filed during the protection period, and as long as no final decision has been taken by the

Office, any third party who proves that proceedings for infringement of the same design have

been instituted against him may be joined as a party in the invalidity proceedings on request

submitted to the Office.

2. Joining of the parties in the procedure in accordance with paragraph 1 of this Article shall also

apply in cases to any third party who proves that the right holder of the industrial design has

requested that he cease an alleged infringement of the design and that he has instituted

proceedings that he is not infringing the industrial design.

3. Joint request of the parties shall be submitted in written and shall include causes of the

request. The request shall not be reviewed until the specified fee in Article 54 paragraph 3. of this

law has been paid.

Article 57

Legal effects of the annulment

If the industrial design is annulled or is declared invalid, all legal effects of the registration of the

design are invalid.

CHAPTER X

INTERNATIONAL REGISTRATION

Article 58

International registration of the industrial design

1. The international registration of industrial designs shall be carried out in accordance with the

provisions of the Hague Agreement.

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2. The applications for international registration of industrial designs shall be filed directly to the

International Bureau.

3. All the fees payable for the international registration of industrial designs shall be paid directly

to the International Bureau.

4. In accordance with the provisions of the Hague Agreement, the provisions of this Law shall

apply to the requests for extension of the effects of the international registration to the Republic of

Kosovo, with the exclusion of Articles 40 and 41 of this Law.

5. In respect to the requests for extensions from paragraph 4 of this Article, the term from Article

42 paragraph 4 of this law shall be replaced by the period of four (4) months.

CHAPTER XI

COMMUNITY DESIGN

Article 59

Effects of community design

The effects of applications for Community Design filed and Community design acquired before

the date of accession of the Republic of Kosovo to the European Union shall extend to the

Republic of Kosovo.

Article 60

Community design as an earlier design

Within the meaning of Articles 6, 7, 8 and 53 of this Law, applications for the registration of

Community Designs as well as Protected Community Designs shall be considered as earlier

designs in relation to the national design applications filed, and national designs registered upon

such applications after the accession of the Republic of Kosovo to the European Union.

Article 61

Forwarding an application for a community design

Application for community design shall be presented to the Office, in accordance with Article 32

paragraph 2. of the regulation for community design, after relevant fees are paid.

Article 62

Prohibition of usage of community design

If the use of a Community Design referred to in Article 59 of this Law conflicts with the use of a

national design acquired before the accession of the Republic of Kosovo to the European Union,

or of a national design application filed before the accession of the Republic of Kosovo to the

European Union, the holder of such national design may institute a legal action, claiming

prohibition of the use of the Community Design in the Republic of Kosovo and extended to the

territory of the Republic of Kosovo. The plaintiff has to prove that the Community Design conflicts

with his/her national design.

Article 63

Protection of Community design

1. In case of community design infringement of rights provisions for protection of national design

will be applied.

2. For all cases of infringements of the rights for the community design the competent Court for

national design shall decide.

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CHAPTER XII

CIVIL-LEGAL DESIGN PROTECTION AND IMIPLEMENTATION OF THE RIGHTS

Article 64

Competent court for industrial design

For all of the infringements cases of industrial design rights, the competent court shall decide in

accordance with legal provisions in force.

Article 65

Persons who have the right to claim for design rights protection

In case of infringement of the design rights according to this law, the holder of the design and

exclusive person or holder of the license has the right to proceed with the indictment according to

the contract or holder of the design right.

Article 66

Claim for declaration of and claim for termination of the infringement of design

1. The holder of an industrial design may institute a legal action against a person who has

infringed an industrial design by performing without authorization any of the acts referred to in

Article 17 of this Law.

2. The holder of an industrial design may institute a legal action against a person who has

infringed an industrial design by performing without authorization any of the acts referred to in

Article 17 of this Law, claiming termination of the infringement and prohibition of such and similar

future infringements.

3. The holder of an industrial design may institute a legal action against a person who has by

performing any of the acts without authorization, caused a serious threat that his industrial design

might be infringed, claiming termination of the acts concerned and prohibition of the infringement

of the industrial design.

4. The legal action referred to in paragraphs 1., 2. and 3. of this Article may also be instituted

against a person who in the course of his/her business activity renders services used in the acts

infringing an industrial design or from which infringement of an industrial design may follow.

Article 67

Claim for seizure and destruction of products

1. The holder of an industrial design may institute a legal action against a person who has

infringed an industrial design by performing without authorization any of the acts referred to in

Article 17 of this Law, claiming that the Articles infringing the industrial design be removed from

the market, seized or destroyed at the expense of that person.

2. The court shall order the measures referred to in paragraph 1. of this Article at the expense of

the defendant, unless there are special reasons for not deciding so.

Article 68

The claim for damage compensation

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1. The holder of an industrial design may take a legal action against a person who has caused

him damages by performing without authorization any of the acts referred to in Article 17 of this

law, claiming compensation of damages.

2. The holder of an industrial design may institute a legal action against a person who has

performed without authorization any of the acts referred to in Article 17 of this law, claiming

payment of remuneration in the amount that he/she would have claimed in the license agreement,

if concluded.

3. The holder of an industrial design may take a legal action against a person who has infringed

an industrial design by performing without authorization any of the acts referred to in Article 17 of

this law, without having basis for it in any legal transaction, claiming the return or compensation.

4. The claims referred to in paragraphs 1., 2. and 3. of this Article shall not be mutually excluding.

Article 69

Claim for publication of the judgment

1. The holder of the design may claim that the court decision which confirms complete or partial

infringement of the design rights, to be published in public media, at the expense of the

defendant.

2. The court shall decide, within the limits of the claim, on the means of the public communication

where the judgment shall be published, and whether it shall be published entirely or partially.

Article 70

Claim for information

1. The owner of industrial design, who has begun proceedings to protect the design in cases of

violation, may claim the provision of information on the origin and distribution channels of the

goods infringing his/her industrial design.

2. The claim referred to in paragraph 1. of this Article may be submitted in the form of a legal

action or a provisional measure against:

2.1. a person who has been sued in the civil proceedings referred to in paragraph 1. of

this Article;

2.2. a person who is within her/his business activities in possession of the goods

suspected of infringing an industrial design;

2.3. a person who provides within her/his business activities services suspected of

infringing an industrial design;

2.4. persons who provide within their business activities services used in the activities

suspected of infringing an industrial design;

2.5. a person who is indicated by any of the mentioned persons as being involved in the

manufacture or distribution of the goods or the provision of the services suspected of

infringing an industrial design.

3. The claim for information on the origin and distribution channels of the goods and services

referred to in paragraph 1. of this Article may include in particular:

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3.1. information on the names and addresses of the producers, distributors, suppliers and

other previous holders of the goods and providers of the services, respectively, as well as

the intended wholesalers and retailers;

3.2. information on the quantities produced, delivered, received or ordered, as well as the

price obtained for the goods or services concerned;

4. If mentioned person refuses to provide information without convincing reason, he/ she is

responsible for caused damage pursuant to legal provisions in force.

5. The provisions of this Article shall not apply for the use of confidential information.

6. The provisions of this Article shall not apply for preserving and providing evidences as referred

to Articles 73 and 74 of this law.

Article 71

Request for transferring the design rights through the Court

1. If the design application is filed by an unauthorized person or is registered in the register on the

name of the person in conflicting provisions in Articles 11, 12, 13 and 14 of this Law, the

authorized person may institute at the court a claim for transfer of the industrial design, or to

require registration of it in the register as designer in accordance with Article 15 of this Law.

2. A person authorized as referred in paragraph 1. of this Article may initiate the procedure at the

court for transfer of design, throughout the duration of design protection.

3. The court informs the Office for decision of transfer, in order to enter it in the register and to

publish it.

4. If the design is transferred through a court decision, license and other rights that are in favor of

third parties cease on the day of entry of transfer in the register.

5. If before registration of transfer of design through a court, the holder of unauthorized design or

licensees have used the design or made preparations to use it in good faith, the court may

recognize them the right non exclusive use after the following request submitted to the court no

later than three (3) months from the date of registration of transfer.

Article 72

Interim actions in case of violation of design

1. On request of the holder of design, who evidences that his design has been infringed or

attempted to infringed, the court may order temporary actions in order to stop or prevent

infringements and, in particular:

1.1. to order the alleged infringer to terminate the actions of infringements of industrial

design, to issue such orders against the infringer whose services used by a third parties

may be infringing the design;

1.2. to order the seizure or removal from the market of products which infringe the

design.

2. On request of holder of the design, who evidences that its design has been infringed in any

business activities in order to gain material benefits and such infringements may have caused

him irreparable damage or hard reparable, the court, except interim actions mentioned in

paragraph 1. of this Article, shall order the confiscation of movable and immovable property of

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opposing party, which is not directly related to the infringement, including the blocking of his/her

bank account.

3. For the purpose of assignment and execution of interim measures under paragraph 2. of this

Article, the court requires from the opposing party or third parties, statement of banking

information, financial and other economic information, or setting available information and other

documents related to. The court provides protection of confidentiality of such information and

prevents misuse.

4. Interim measures under paragraph 1. of this Article can be ordered without informing the

opposing party if the claimant shows that other measures would not be effective, or there is a risk

of causing irreparable damage or hard recoverable. Interim measures under paragraph 2. of this

Article can be ordered without informing the opposing party, if the applicant for the measure,

proves that it would not be effective or, given the circumstances of the case, it would be

necessary.

5. In the decision on interim measure, the court determines the duration of such measure and a

measure if ordered before starting the procedure, within the period where the applicant of the

measure initiates proceedings to justify the measure, within twenty (20) working days and not

longer than thirty one (31) calendar days from the date of pronouncement of the interim measure.

Article 73

Interim measures for preserving evidence

1. At the request of the owner of the design, who claims that it has been violated the right of

design, or exists the threat to be broken and there is a possibility that evidence of such violation

or respective threat cannot be or become difficult to handle, the court orders to take temporary

measures to preserve evidence.

2. Through interim measures under paragraph 1. of this Article, the court orders:

2.1. a detailed description of products and services that may violate design with or

without sampling;

2.2. seizure of products that threat to violate design;

2.3. confiscating the materials and tools used in production and distribution of products

that may violate design and documentation that has to do with it.

3. Interim measures specified in paragraph 1. of this Article can be ordered without informing the

opposing party, if the applicant for taking the measure states that there is a risk that the evidence

may be destroyed or that can cause irreparable damage hard reparable.

4. In a decision ordering interim measure, the court determines the duration of the measure even

if the procedure is not initiated, in condition that the request is submitted before the deadline less

than twenty (20) days and not longer than thirty one (31) calendar days from filing the application.

Article 74

Providing evidence during the proceedings

1. When a party to the proceedings requires proof that belongs to the opposing party, the court

invites the opposing party to submit such evidence within a specified time.

2. The owner of the design in a role of the plaintiff, who alleges the violation of design on

business is conducted in order to profit and thus presents during the proceedings as evidence of

bank documents, financial or commercial documents or other evidence to confirm that they

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belong opposing party, the court invites the opposing party to submit such evidence within a

specified time.

3. If the party invited to present testimony, refuses that evidences belong to them or their control,

the court may take the evidences to prove such a fact.

Article 75

Expeditious proceedings

1. A legal action concerning the infringement of an industrial design shall be subject to

expeditious proceedings.

2. Upon the request of the court or any of the parties to the proceedings concerning the

infringement of an industrial design, the Office shall subject a request for the declaration of

invalidity of the industrial design, filed before or in the course of the civil action, to the expeditious

proceedings. The court shall, taking into consideration the circumstances of the case, decide the

termination of the proceedings up to the final decision.

CHAPTER XIII

REPRESENTATION

Article 76

Representation by authorized representatives

1. Natural or legal persons who have residence or business headquarters in the Republic of

Kosovo may apply their rights according to this law through authorized representatives who are

registered in the register of representatives, maintained by the office.

2. Natural or legal persons who do not have permanent residency or business office in the

Republic of Kosovo may apply their rights according to this Law though proceedings at the Office

only by authorized representatives, registered in the representatives register maintained by the

Office.

Article 77

Authorized Representatives

1. Representation of natural or legal persons at the Office may only be done by the authorized

representative, registered in the register maintained by the Office.

2. The Office shall register and unregistered persons from the register of the Authorized

Representatives if such persons meet or do not meet requirements defined by sub-legal act.

Article 78

Scope of authorized representatives

1. An authorized representative of industrial design may be represented natural or legal person at

the Office based on authorization issued by natural or legal person.

2. Authorization may be issued for one or more, existing or future, applications or industrial

design registered.

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3. Authorization for all applications and industrial design registrations for a natural and legal

person shall be considered as general authorization.

4. Authorization may be limited only for some defined actions undertaken at the office.

5. If cases of surrender from industrial design authorization shall contain clearly claims mentioned

by the holder of the design.

Article 79

Withdrawal of the authorization

1. Holder of the design may withdraw the given authorization to design representative at any

time.

2. After informing the Office about the change of representation, the Office shall continue to

communicate with the new design representative or directly with holder of the design.

3. Holder of the design, who has issued two ore more authorization to various representatives for

the same design, the last authorization shall be valid.

Article 80

Submitting the authorization

1. An industrial design representative that claims to be authorized to represent a natural or legal

person at the Office, but does not submit the authorization at the Office to document, shall be

invited to submit a valid authorization within sixty (60) days from the date of the receipt of the

invitation.

2. Upon request of the industrial design representative, the time limit may be extended for a

maximum of sixty (60) days from the date of expiration of that time limit referred in paragraph 1 of

this Article.

3. If industrial design representative does not submit valid authorization at the Office within time

limit and acts in his name, the action undertaken by the representative shall be deemed not be

done at all.

CHAPTER XIV

PENALTY PROVISIONS

Article 81

Penalty provisions

1. A fine from € five thousand (5,000) to € eight thousand (8,000) shall be applied to legal person,

who during business activity in every form uses the products or services by infringating the rights

defined in Article 17 of this law.

2. A fine of € two thousand (2,000) to € three thousand (3,000) shall be applied to responsible

person of legal person according to paragraph 1 of this Article.

3. A fine of € three thousand (3,000) up to € four thousand (4,000) shall be applied to natural

person who during business activity in every form uses the products or services by infringinating

the rights defined in Article 17 of this law.

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4. In cases when the design is used conflicting provisions of this law, allegedly a criminal act has

been committed, the provisions of the Criminal Code of Kosovo shall be applied.

CHAPTER XV

FINAL AND TRANSITIONAL PROVISIONS

Article 82

Transitional provisions

1. Article 58 of this law shall apply from the date of signing Hague Agreement by the Republic of

Kosovo, and as Republic of Kosovo enters European Union Article 59, 60, 61, 62 and 63 of this

law shall apply from the date of accession.

2. For the whole registration procedures of industrial designs that have started before the day this

law enters into force, for which the Office has not begun examination, procedures related to

annulment or abrogation of design and procedures related to applications for registration of

industrial designs revalidated provisions of this law are applied.

3. In Article 8 paragraph 1 of this Law, the words “territory of the Republic of Kosovo” shall be

replaced by the words “European Union, on the day of the accession of the Republic of Kosovo in

the European Union.

4. Ministry of Trade and Industry shall issue sub-legal acts for implementation of this law, in terms

of twelve (12) months, from entrance into force of this law.

Article 83

Abolishment provisions

Upon entry into force of this Law, the law Nr.02/L-45 “On Industrial Design” and other acts in

conflict with this law shall be abolished.

Article 84

Entry into force

This law enters into force fifteen (15) days after publication in the Official Gazette of the Republic

of Kosovo.

Law No. 04/L-028

29 July 2011

Promulgated by Decree No.DL-013-2011, dated 09.08.2011, President of the Republic of

Kosovo Atifete Jahjaga.