IP rights in Serbia, Kosovo and Montenegro
24 June 2008
Intellectual property (IP) rights covering the former Yugoslavia
are becoming increasingly fragmented following the end of the Union
of Serbia and Montenegro in June 2006 (after Montenegro declared
its independence) and the separation of Kosovo from Serbia in
February 2008.
As a result, IP owners must take proactive steps to ensure that
they are protected in the jurisdictions of interest to them. This
newsflash summarises the current status and monitors the deadlines
to maintain or extend trade mark rights in these jurisdictions.
Simplistically, rights owners who are interested in the new
territories may, depending on the protection they have in place,
need to act before 1 October 2008 in Kosovo and 28 November 2008 in
Montenegro to ensure they are properly protected.
Serbia
Serbia has succeeded to the treaties that were formerly in force
with respect to the Union of Serbia and Montenegro, including the
Madrid Agreement and the Madrid Protocol.
Accordingly, IP rights that were protected in the Union of
Serbia and Montenegro as of June 2006 remain protected in Serbia
without the need for further confirmation or payment.
Applications for IP rights filed after 3 June 2006 in Serbia
have effect only in Serbia, including designations of International
registrations under the Madrid system.
Kosovo
Before it separated from Serbia in February 2008, Kosovo passed
its own IP legislation and established its own Intellectual
Property Office in November 2007 whilst still under UN
protectorate. The new IP law in Kosovo allows 12 months for
re-registering Serbian registered rights already granted and
re-filing pending applications as of 1 October 2007. Right holders
therefore have until the extended deadline of 1 October 2008 to
maintain IP rights in Kosovo.
In order to revalidate Serbian applications or registrations and
maintain priority rights in Kosovo by 1 October 2008, rights
holders will need to submit certificates of validation for
registered rights and certificates for pending applications,
together with a request for re-registration/re-filing and a Power
of Attorney.
Montenegro
The Intellectual Property Office (IPO) of Montenegro opened on 28
May 2008. Trade mark rights granted in Serbia before 28 May
2008 are automatically valid in Montenegro, without any additional
steps being necessary, until the trade mark is due for renewal.
However, trade mark holders are advised to request a Certificate of
Registration from the IPO in Montenegro as proof of their "Serbian"
rights in this new jurisdiction.
Applications that were pending in Serbia on 28 May 2008 must be
re-filed in Montenegro by 28 November 2008 in order to maintain the
original Serbian filing date. Such applications will then be
examined and registered in Montenegro.
Practical Implications
We advise brand owners who wish to extend, confirm the
validation of or file new trade mark applications in these new
independent territories to be aware of the respective deadlines of
1 October 2008 in Kosovo and 28 November 2008 in Montenegro to
ensure they properly protect themselves in these new
jurisdictions.
For further information, please contact Sophie Lachowsky or
Mark Holah.