This page is designed to provide our clients and professional contacts with a brief overview of recent developments in the field of intellectual property and with information about recent activities of our firm. If you are interested in more detailed information, please contact us directly.

Kosovo (KS)

This province, which was under United Nations’ administration (UNMIK), declared its independence on February 17, 2008. Kosovo has not yet been recognized as an independent country by the UN and has not yet joined WIPO or any of the international IP treaties. However, local government bodies operate independently from the Serbian authorities and a number of laws, among which are the industrial property laws, have entered into force. The local IP Office was already established and started to operate on November 19, 2007.

Filing of new patent and trademark applications in Kosovo has thus become possible. Furthermore, re-validation (re-registration or re-filing of pending applications) of the former Yugoslavia, former Serbia and Montenegro and finally Serbia IP rights, applied for before October 1, 2007, has now been provided for by the regulations that entered into force on October 1, 2007. It is foreseen that the corresponding requests may be filed within a one-year period provided for re-validation, as of the opening of the local IP Office, i.e. until November 18, 2008.

Since the local authorities do not recognize as valid the IP rights applied for in Serbia after October 1, 2007, despite the fact that this territory has not yet been recognized by the U.N. as an independent country, it is recommended to file new applications, as well as requests for re-validation (including re-filing of the recent pending applications) of former Serbia and Montenegro, i.e. Serbia, IP rights at the local IP Office.

The extension to Kosovo, or continuation of effect regarding International Registrations valid in Serbia (previously designating former Yugoslavia or former Serbia and Montenegro), has not yet been regulated.

Should you need any further information or assistance for filing new applications/re-validation, we will be pleased to reply. A corresponding Power of Attorney form is available upon request.

Language agreement enters into force in the European patent system

The language agreement (“London Agreement”)will enter into force on 1 May 2008 and will make patenting in Europe cheaper by reducing post-grant translation costs.

The consequence of the implementation of the agreement in Switzerland   is that a patent assigned by the European Patent Office in English with effect in Switzerland will now occur without the document being translated into one of the official national languages. After the language agreement takes effect ( i.e.  for EP patents for which a decision to grant has been published after 1 February 2008 ), however, the patent claims (which define the scope of protection for a patent) will still be published in all three of the official EPO languages and thus be available in German and French. The right to demand that a patent owner provide translations in an official national language for a conflicting patent in case of a legal litigation remains unchanged by the agreement. (source: http://www.ige.ch/e/jurinfo/j10008.shtm)

Croatia and Norway join the EPO

Croatia and Norway acceded to the European Patent Convention (EPC) on 1 January 2008, taking the total number of EPO member states to 34. Both countries have acceded to the revised version of the EPC, which entered into force on 13 December 2007. The European Patent Organisation's members now include all 27 members of the European Union, plus Croatia, Iceland, Liechtenstein, Monaco, Norway, Switzerland and Turkey.

IP Protection in Montenegro (ME)

Further to the declaration of independence of the Republic of Montenegro on May 21, 2006, the Union of Serbia and Montenegro ceased to exist on June 3, 2006, and the Republic of Montenegro was recognized as an independent country. The Industrial Property Laws of the former Union of Serbia and Montenegro, i.e. Patent Law, Trademark Law, Law on the Protection of Models and Designs, and Law on the Protection of Geographic Indications of Origin of July 2004, with the amendments of January 1, 2005, have been taken over for the territory of Montenegro, as a temporary solution until the appropriate national laws are drafted. The Republic of Montenegro has become a member of WIPO, joined the Paris Convention, the Madrid Agreement and Madrid Protocol, PCT, as well as other international conventions and treaties previously signed by former Yugoslavia and/or Serbia and Montenegro (they all entered into force as of June 3, 2006).

While designating Montenegro in International Registrations, as well as the continuation of effect to Montenegro for International Registrations previously designating Serbia and Montenegro has already been provided for, a document regulating re-validation of the IP rights applied for in Serbia and Montenegro before June 3, 2006 was finally adopted by the government of Montenegro only on September 20, 2007. This document will enter into force within an eight-day term as of its publication in the official gazette. The IP Office of Montenegro is now finalizing preparations for its opening, so that filing new applications will be possible in the near future.

Patents, petty patents and designs registered and entered into the corresponding register at the IP Office of former Serbia and Montenegro until June 3, 2006, or in the IP Office of Serbia before the opening of the IP Office of Montenegro, are valid in Montenegro until their expiration, i.e. until the date the corresponding maintenance fees are paid at the IP Office of Serbia and Montenegro, i.e. at the IP Office of Serbia, without any need for re-revalidation or payment of an additional fee in Montenegro.

IP rights regarding pending patent, petty patent or design applications, applied for at the IP Office of Serbia and Montenegro, i.e. at the IP Office of Serbia before the opening of the IP Office of Montenegro, or national phases of PCT applications will be recognized in Montenegro provided that an application for recognition of the rights is filed at the IP Office of Montenegro within a six-month term as of the date of the opening of the Office of Montenegro, along with a copy of the corresponding application previously filed at the Office of Serbia and Montenegro or at the Office of Serbia, and payment of the corresponding official fee.

Trademarks registered and entered into the corresponding register at the IP Office of former Serbia and Montenegro until June 3, 2006, or at the IP Office of Serbia before the opening of the IP Office of Montenegro, are valid in Montenegro until their expiration, i.e. until the date the corresponding maintenance fees are paid at the IP Office of Serbia and Montenegro, i.e. at the IP Office of Serbia, without any need for re-validation or payment of an additional fee in Montenegro. The same applies to trademark registrations where renewal requests were filed at the IP Office of former Serbia and Montenegro until June 3, 2006, or at the IP Office of Serbia before the opening of the IP Office of Montenegro. Regarding the pending applications, the procedure is similar to the one mentioned above for pending patent applications.

Seminar

Katzarov, in collaboration with the The Ark ( www.theark.ch ) is organizing a Seminar on Industrial Property. This seminar will take place at the TechnoArk in Sierre on October 25, 2007. For more information please contact Mr. Gilles Pfend ( gilles.pfend@katzarov.com ) or Mr. Olivier Sacroug ( olivier.sacroug@katzarov.com ).

Program (.pdf)

Tajikistan

New Law of the Republic of Tajikistan on Trade and Service Marks, passed on December 27, 2006, and which came into force as of March 5, 2007.

The grace period for non-use of a registered trademarks is now a three-year period (was five years) as of the registration or the last use date.

Letters of Consent are accepted in accordance with the new Law.

Bulgaria and Romania

As of January 1, 2007 Supplementary Protection Certificate for medicinal products and plant products: are granted under certain conditions, which are harmonized with Regulation 1768/92/EEC and Regulation 1610/96/EEC. Duration of the certificate: maximum five years from the date on which it takes effect. Transitional provisions : a 6-month term starting from the date of accession to the EU (01.01.2007) applies, provided that the first EU marketing authorization was obtained after 01.01.2000 and that the basic patent is still valid.

If you have any question, please do not hesitate to contact us.

Uzbekistan

Membership to Madrid System

On July 18, 2006, the president of the Republic of Uzbekistan signed a Law according to which the Republic of Uzbekistan joined the Madrid Protocol, and at the same time signed the Law on denunciation of the Madrid Agreement regarding International Registrations.

The corresponding documents were submitted to WIPO in September 2006, and Uzbekistan is officially member of the Madrid Protocol as of December 27, 2006. The country is no longer member of the Madrid Agreement as of January 3, 2007.

Malta

Malta accedes to the European Patent Convention and the PCT  

On 1 December 2006, the Government of the Republic of Malta (MT) deposited its instrument of accession to the European Patent Convention (EPC) and to the Act revising the EPC of 29 November 2000 (Revision Act). The EPC will accordingly enter into force for Malta on 1 March 2007. The Government of the Republic of Malta also deposited its instrument of accession to the PCT on 1 December 2006, and consequently the PCT too will enter into force for Malta on 1 March 2007.

Serbia

Serbia (RS – new code)

As a legal successor of the Federal Republic of Yugoslavia, and thereafter a legal successor of the Union of Serbia and Montenegro, the Republic of Serbia is a member of WIPO, the Paris Convention, the Madrid Agreement, the Madrid Protocol, the PCT and benefits from a special agreement with EPO, according to which Serbia (again as a legal successor of Serbia and Montenegro) can be designated in European Patents. The State Patent Office in Belgrade, after the dissolution of the former Yugoslavia, has continued to operate as the Federal Intellectual Property Office for the new territory consisting of Serbia and Montenegro, and since June 3, 2006, for Serbia only. Former Yugoslav industrial property rights continued to be fully valid in Serbia and Montenegro (official name as of February 4, 2003), and now continue to be valid in the Republic of Serbia. The Union of Serbia and Montenegro ceased to exist on June 3, 2006.

In order to harmonize the provisions on industrial property protection with the corresponding European community laws, the Yugoslav Patent Law, Trademark Law, Law on the Protection of Models and Designs, and Law on the Protection of Geographic Indications of Origin (of April 1, 1995) were amended in July 2004. These laws were further amended (as of January 1, 2005) for the territory of Serbia and Montenegro, and now continue to be valid in the Republic of Serbia.

Joint workshop of Katzarov & Analytica International on Intellectual Property and Product Development.

Europe

The Enlarged Board of Appeal has published its Opinion in the case G 1/04 on the patentability of diagnostic methods

In December 2005 the long-awaited Opinion of the Enlarged Board of Appeal of the European Patent Office on the patentability of diagnostic methods has been published. The Enlarged Board of Appeal confirms that diagnostic methods wherein not all essential technical steps are practised on the human or animal body are patentable. The question to be clarified by this Opinion was whether the exclusion of diagnostic methods practised on the human or animal body under Article 52(4) EPC should be construed broadly or narrowly. In the present Opinion, the Enlarged Board of Appeal confirmed a narrow interpretation of this exception from patentability.

Bulgaria
Amendments of the Bulgarian Law on Marks and Geographical Indications

On August 20, 2005, amendments of the Bulgarian Law on Marks and Geographical Indications entered into force. The amendments introduce the obligation of publishing all trademark applications in the official gazette of the Bulgarian Patent Office. The new amendments allow third parties to file motivated oppositions against the registration of a certain mark within two months after the date of publication.

Ukraine
Letters of Consent are no longer accepted since July 2005. In practice, a refusal of a trademark applied for registration based on a prior trademark registration can still be overcome by submitting a Letter of Consent issued by the owner of the cited prior mark, provided that the owners of trademarks in question are related companies. The relationship between the companies should be evidenced by an appropriate document.