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The new Law no. 04/L-029 on Patents was adopted on July 29, 2011, published in the Official Gazette of the Republic of Kosovo on August 29, 2011, and is in force from September 13, 2011. Among other things, the new Law prescribes the following:
• decisions of the IP Office can be appealed before a commission within a 15 day deadline, and a court petition can be filed against the decision of the commission within a 30 day deadline,
• it is permitted to disclose the invention without consequences at an internationally recognized exhibition (6 months before filing),
• a patent which was subject to transfer of rights and licencing (exclusive or partial) can now be subject to lien, levy of execution and bankruptcy proceedings,
• patent applications should be translated into the official languages,
• restoration of priority right, as well as amendment and supplementation of the priority right request is permitted,
• it is possible to prolong the deadline for submission of the Document of Evidence (DOE) – to a maximum of 90 days from completed substantive examination by the competent authority,
• Compulsory license has been introduced for patents for pharmaceutical products intended for export to countries having problems with public health, and
• the IP Office will issue Supplementary Protection Certificates for pharmaceutical products and plant products.
- NB: Provisions regarding compulsory licences and supplementary certificates will be in use after Kosovo joins the EU.
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