It has taken nearly three years for the IP office to open after the Patent Act of Kosovo entered into force on December 21 2004.

Existing Serbian registrations and pending applications will have to be revalidated and reapplied for within the next 12 months and after November 19 next year the predecessor country IP rights will not be applicable in Kosovo.

A validity certificate (for registered trade marks) or a filing certificate (for pending applications) issued by the Serbian Patent and Trade Mark Office should be filed in support of the request.

Practitioners have responded to the opening with relief. Kathryn Szymczyk, director of SDP Kosovo, told MIP Week that despite the political future of Kosovo remaining unclear, this development makes “one feel that we finally have a concrete idea of how the Kosovo authorities plan to treat IP rights in that jurisdiction”.

A lot of firms practising in the surrounding region have been encouraging all IP owners who have Serbian national registrations or applications to immediately begin the process of re-registration or re-filing.

This step towards protecting IP rights in Kosovo is likely to be welcomed by rights owners, as the province is known as a centre of piracy and counterfeiting with fake products such as music, software and cigarettes easily available.

Kosovo has been looking at the IP model applied by Macedonia as well as neighbouring Serbia. In January this year, a Kosovo government contingent travelled to Macedonia to receive training and advice from the Macedonian Patent and Trade Mark Office.