The Role of Trademarks in Kosovo: Steps Towards Harmonisation with the EU Normative Framework

The main aim of this paper is to analyse the treatment and importance of trademarks in Kosovo and the need to harmonise the legal framework of the Republic of Kosovo with that of the European Union. The inadequate legal framework, which led to inconsistencies between local and European legislation, caused numerous problems in practice, regarding the ineffective implementation and insufficient protection of these rights. To avoid these legal gaps and find adequate solutions to the identified problems, a new legal infrastructure was created with the entry into force of Law No. 08/L-075 on Trademarks in Kosovo, with the aim of promoting the economic development of the country by encouraging businesses, increasing investment, ensuring fair competition and protecting consumers. The amendment of this law comes as a necessity for its compliance with EU Directive 2015/2436 and Directive 2004/48/EC of the European Parliament and of the Council. Trademarks are of great importance, especially in the business sector, because further development of this legislation will create a safe environment for businesses, which will have an impact on the economic development of the country. In this paper, we have used comparative historical and case study methods. The result of this paper will contribute to further improvements of our trademark legislation, as well as to the legal doctrine in Kosovo that lacks such.