Our original IP Focus on series was compiled throughout 2022 and 2023 during which many IP laws were amended and local practices changed or in turn solidified – here we present to you the changes (now reflected in original articles, too), to make them more visible!
In Albania, all documents/certificates are now received in electronic form and the Albanian IPO is the only one which issues certificates of the patent renewals.
From early 2023, following the example of other countries, the new TM Law no longer requires a graphical representation of the mark.
At the same time another very significant change relates to the cancellation and invalidation actions, as the Commercial Court of Montenegro is no longer involved in these motions. Instead, these procedures have been transferred from the Court to the competent Administrative body.
Changes in the Patent law from the beginning of 2023 introduced a new – electronic patent document, along with the already existing paper version, our article goes more into the comparison.
Amendments to the IP law published in July 2023 switched the jurisdiction for cancellation actions and annulments procedures to the IPO. Before, the Ljubljana District Court had exclusive jurisdiction to decide on enforcement and invalidity actions.
In respect to proving the reputation of EU trade marks (as the basis for an opposition), in order to avoid existing uncertainty, the reputation of EU mark will be assessed on the territory of the European Union, per amendments to the IP law published in July 2023
The July 2023 amendments to the IP law now allow accepting scanned POA copies in electronic form, following the principle of simplification.
Our full FOCUS ON series can be accessed through the links bellow