IP News Eastern Europe
September 2023
|
IP NEWS |
New Administrative Instruction on Trademark Registration Procedures Enters into Force in Kosovo
The new Administrative Instruction (AI) on Trademark Registration Procedures No. 08/2023, which entered into force in Kosovo on August 14, 2023, addresses the most important changes brought by the new Law on Trademarks, in force as of July 2022.
Besides elaborating the novelties introduced by the new trademark law and clarifying certain aspects of various procedures, the new AI also states is that the Kosovo Intellectual Property Office (IPO) has accepted WIPO’s Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks meaning that the IPO can now refuse an application for a mark that is in conflict with a well-known international trademark even if the latter is not registered in Kosovo.
Additionally, the Kosovo IPO has accepted the list of recommendations from the INTA Board Resolution on Bad Faith Trademark Applications and Registrations when assessing if an application was filed in bad faith.
Finally, according to the new AI, parties in an opposition procedure are now obliged to inform the IPO within 30 days from the date of the decision of the Complaint Committee of the Ministry of Industry, Entrepreneurship and Trade if a lawsuit against the decision has been filed with the competent Court. Otherwise, the IPO will consider the Complaint Committee’s decision as final.
By: Mihajlo Zatezalo
For more information, please contact Mihajlo Zatezalo at our Serbia office.
Slovak IPO Introduces Alternative to Provisional Patent Applications
On September 1, 2023, the Slovak Intellectual Property Office (IPO) introduced an official alternative to filing provisional patent applications, which are not available in Slovakia.
Provisional patent applications establish the right of priority for the invention described in the application but they do not contain patent claims and other mandatory sections present in standard patent applications. After 12 months from the filing date, the provisional application will expire if not converted to a standard patent application.
While this option is not available in Slovakia, patent applications have been accorded priority dates even if they did not contain all the required information, but only the following:
- Information indicating the applicant's intent to file a patent application;
- The applicant’s contact details; and
- A description, which does not have to be filed in the official state language.
In most cases, the Slovak IPO invited applicants to file a standard application within 12 months from filing an application of this kind.
Starting September 1, 2023, this became Slovak IPO’s official practice – all applicants who file applications for the purposes of securing priority dates are provided a 12-month period for submitting a full application. In many respects this alternative is more advantageous than the provisional patent application, because the 12-month period for submitting a full application will be extendable, and in case the application is rejected, the applicant will be able to request its further processing and restitutio in integrum.
By: Anamarija Stančić Petrović
For more information, please contact Anamarija Stančić Petrović, PETOŠEVIĆ Brussels representative.
EUIPO Extends Deadlines for Ukraine Parties
On September 7, 2023, the European Union Intellectual Property Office (EUIPO) published Decision EX-23-7 extending all time limits expiring between September 15 and November 15 until November 16, 2023 for all parties in proceedings before the EUIPO who have their residence or registered office in Ukraine.
This extension follows Decisions EX-22-2, EX-22-4 and EX-22-5, EX-22-8, EX-22-9, EX-23-1, EX-23-5 and EX-23-6 which previously extended all deadlines which expired starting from February 24, 2022.
Prepared by: Djurdja Krivokapić
For more information, please contact ukraine@petosevic.com.
BOIP Improves Trademark Holder Privacy in Online Register
In order to meet trademark owners’ increasing privacy concerns, the Benelux Office for Intellectual Property (BOIP) recently stopped showing trademark owners’ addresses by default in its Trademarks Register.
While IP representatives’ addresses remain fully visible by default, the Register now only shows trademark owners’ name and town/city. Only users logged into the BOIP website whose My BOIP accounts contain at least one valid trademark, design or i-DEPOT registered with BOIP are now able to see trademark owners’ street and postcode.
BOIP has announced that it will implement the same change in its Designs Register.
Prepared by: Anamarija Stančić Petrović
For more information, please contact Anamarija Stančić Petrović, PETOŠEVIĆ Brussels representative.
|
COMPANY NEWS |
PETOŠEVIĆ Opens New Office in Azerbaijan
PETOSEVIC Group, now part of CWB, is pleased to announce the opening of a new office in Baku, Azerbaijan. This is the firm’s third office in the Central Asia and Caucasus region and a great addition to its existing offices in Tashkent, Uzbekistan and Astana, Kazakhstan.
After years of working through affiliated offices in Azerbaijan, we are now able to provide direct contact to our clients for all their intellectual property needs. Having our own office will make processing applications and handling IP work in Azerbaijan easier and more efficient.
Head of Office Amir Sám Nakhjavani is an experienced IP and a media & entertainment lawyer who will manage the entire range of contentious and non-contentious work for our clients operating in Azerbaijan. Prior to joining PETOŠEVIĆ, Amir ran a sole consulting practice in Montreal, Canada advising clients on media and entertainment matters, specifically in the video game, film, television and live performance industries.
Amir Sám Nakhjavani said: “I’m thrilled to be joining the CWB/PETOŠEVIĆ family, which has a long-standing reputation for excellence in IP and related fields across multiple jurisdictions. Azerbaijan is an emerging nation, brimming with energy, initiative and potential which has come a long way in a short time, since its independence. I’m excited to help our clients navigate the hurdles presented by the local landscape and show the best of what this extraordinarily rich and promising country can offer.”
PETOSEVIC GROUP Executive Chairman and CEO Slobodan Petošević said: “Opening our own office in Azerbaijan follows a constantly increasing demand for our services in the challenging regions of Central Asia and the Caucasus. Our Head of Office is one of the top IP professionals in the region and our team will be carefully selected based on our knowledge of the market, which we accumulated over the years by working through affiliated offices. Despite these uncertain times we are all currently experiencing, we are strengthening our regional foothold and are excited to contribute to the efforts of bringing quality IP protection services to a higher level in this part of the world.”
Contact information:
Lotfi Zadeh Technology Center
Floor 16
44 Jafar Jabbarli Street
1065 Baku
Azerbaijan
T: +994 050 539 32 98
For more information, please contact Dina Petošević, Regional Manager – Ukraine, Georgia and CIS or Amir Sám Nakhjavani, Head of PETOŠEVIĆ Azerbaijan directly.
Who’s Who Legal Recognizes Three PETOŠEVIĆ Practitioners
The Who’s Who Legal 2023 edition was recently published recognizing three PETOŠEVIĆ practitioners:
Aura Campeanu, Head of Office – Romania – Global Leader, Recommended for Trademarks
Slobodan Petošević, Group Executive Chairman and CEO – Global Leader, Recommended for Trademarks
Anamarija Stančić Petrović, PETOŠEVIĆ Brussels Representative – Global Leader, Recommended for Trademarks and Copyright
Who’s Who Legal, now part of Lexology, is a widely recognized organization that identifies world’s leading legal professionals from over 150 jurisdictions in multiple areas of business law.
For more information and to read testimonials about PETOŠEVIĆ and our team, please visit our Rankings page.
