Kosovo
On July 28, 2022, Kosovo adopted a new trademark law that brought national law into compliance with the applicable EU Directive on the harmonization of the laws of the Member States relating to trademarks. A new EU Directive regarding the enforcement of intellectual property rights will also be implemented following the implementation of the new law.
The law has undergone numerous important amendments, including the removal of the requirement that a trademark application contains graphical representation. With these amendments, trademark representation will be more flexible and the application procedure will be less cumbersome.
Additionally, in order to apply a more literal reading of class headings, applicants will henceforth be required to clearly identify the list of products and services for which protection is requested. If a trademark application contains a component that the IPO believes could not be distinctive, the applicant may additionally be requested to file a disclaimer on that component.
The new legislation has added more outright reasons for rejection. Therefore, a sign that clashes with an existing geographical indication, traditional wine term, traditional specialty guarantee, or plant variety will not be eligible for registration. Additionally, the law now allows trademark applications to be objected to on the basis of bad faith, adding a new related basis for refusal.
The new trademark law has also redefined the definition of trademark infringement, among other issues. As a result, further uses of signs that are close or identical that trademark owners may prohibit have been introduced. These include using a sign as the name of a business in advertising, packaging, labeling, tags, security features, or authenticity devices, and putting these items on the market. In court proceedings, defendants are now permitted to ask that the plaintiff provide evidence of the use of the trademark that is allegedly being violated.
The ability to enforce trademarks in an administrative proceeding by filing an appeal with the Market Inspectorate against an infringer is one of the further changes to the trademark law. Additionally, once real products bearing a brand have been introduced to a market, trademark owners are no longer entitled to forbid their importation. These markets include of Kosovo’s own, those of a country that is a member of the EU, EEA, the Western Balkans, or one with whom Kosovo has signed a free trade or trade facilitation agreement.
The amendments made to Kosovo’s trademark law directly align it with European law, enabling the nation to implement a more simplified strategy for intellectual property protection. In consequence, it is expected that this would promote a rise in IP applicants’ interest in the jurisdiction and promote the IP industry as a whole.
Paraguay
The II Patent Accelerated Procedure Program has been conducted by the Paraguayan National Directorate of Intellectual Property (DINAPI) (PPH). On August 10, 2022, the resolution establishing the PPH program was signed on behalf of Paraguay.
The IP offices of the PROSUR PROSUL member nations, which include Brazil, Chile, Colombia, El Salvador, Peru, Ecuador, the Dominican Republic, Paraguay, and Uruguay, agreed upon and signed the regional agreement.
A multilateral work-sharing agreement is made possible by a PPH cooperation, which also makes it easier for IP offices to operate together. The registration procedure for applicants who have registered in more than one country that is a party to the regional PPH agreement is expedited as a consequence of the ability for data and examination results done by one IP office within the regional PPH agreement to be shared with another. As a result, the registration procedure is expedited because it is no longer necessary for the examination process to be conducted independently in each state that is a party to the regional PPH agreement.
It is expected that having a quicker and more effective patent examination process will benefit Paraguay’s IP system and promote more patent applications there and throughout the PROSUR area.
The PROSUR member nations have agreed to a five-year extension of the PPH Program.
Montenegro
The European Patent Convention (EPC) is expected to include Montenegro as a member, with membership taking effect as of October 1, 2022. On July 15, 2022, Montenegro deposited its instrument of admission, becoming the 39th state to join the EPC.
The country formally requested membership in the EPC on July 23, 2018, eight years after it first became an EPO Extension State and observer at the EPO’s Administrative Council on March 1, 2010. On December 29, 2021, Montenegro received approval for this proposal, opening the door for the potential admission of the country this year.
When the EPC was first established in 1977, it included 7 states in total. By the end of this year, that number will have grown to 32 states. The EPC has led the region toward more innovation, effective IP protection, and economic progress, and it acts as an example of successful international collaboration in the area of intellectual property throughout Europe and beyond.
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