At the 39th meeting of the Government of the Republic of Kosovo, three draft laws were approved, prepared by the Ministry of Industry, Entrepreneurship and Trade (MIET).
The Draft Law on Patents – is one of the five acts of legal reform in the field of industrial property. This act clearly defines the conditions and manner of registration of patent, the recognition of the right of priority, as well as the provision of a supplementary protection certificate. The draft law accurately sets out the responsibilities of the Industrial Property Agency, simplifies administrative procedures and increases their efficiency and effectiveness.
Promotion and protection of the intellectual creativity is key element to the economic development of the country, therefore the adoption of this draft law helps to achieve this goal. Finally, the Draft Law on Patents enhances the legal infrastructure in the field of industrial property, bringing it in line with European Union legislation, as provided for in the Stabilization and Association Agreement. MIET has followed all the procedures provided for this legislative initiative.
Draft Law on Industrial Design – is another reform project in the field of industrial property, also drafted in accordance with the European Union legislation. The draft law sets out simple rules of procedure to be followed to protect industrial design, which incorporates creative work which determines the shape and features of the product. The draft law provides adequate protection to both domestic and foreign owners, enabling recognition of international registration. It also improves the protection of industrial design through court, which in the case of the Republic of Kosovo means the Commercial Court.
The draft law on Industrial Design has been drafted in accordance with the rules of procedure of the government and the applicable legislation for drafting normative acts, taking into account in particular the role of the draft law in promoting and protecting the manufacturing industry.
Draft Law on Protection of Competition – covers the gaps and repairs the deficiencies of the current legislation. MIET has drafted this law precisely, taking into account the remarks of experts at the European level by paying special attention to the language used. As a result, we have managed to conclude a thorough draft law, but which clearly defines and strengthens the role of the Competition Authority of the Republic of Kosovo, defines the procedures followed by the Authority in investigating market irregularities, defines agreements and prohibited actions that violate competition, and provides for effective fines in accordance with EU legislation.
The protection of competition is vital for the Republic of Kosovo, especially in this period of new governance and the challenges of the Covid-19 pandemic. The Competition Authority must be operational as soon as possible and have the appropriate legal basis to act in fulfilment of its mission.
