STRATEGY ON INTELLECTUAL PROPERTY RIGHTS

Transcription

1 REPUBLIKA E KOSOVËS/REPUBLIKA KOSOVA/ REPUBLIC OF KOSOVO QEVERIA E KOSOVËS / VLADA KOSOVA /GOVERNMENT OF KOSOVA STRATEGY ON INTELLECTUAL PROPERTY RIGHTS Maj, 2010 Pristina 1

2 Table of Contents I. INTRODUCTION...5 II. NOTION OF INTELLECTUAL PROPERTY RIGHTS...7 III. INTERNATIONAL AND EUROPEAN STANDARDS IN THE FIELD OF INTELLECTUAL PROPERTY...7 IV. CURRENT SITUATION Legal framework Applicable laws Institutional Infrastructure IPR Administration Authorities and their role in the IPR protection system Other Institutions and Authorities Involved in Enforcement of IPR Actual situation in the market...10 V. VISION AND MISSION Mission Vision...11 VI. STRATEGIC OBJECTIVES AND MEASURES FOR THEIR ACHIEVEMENT Further consolidation of Legal Framework in line with European and international standards Technical capacity building of the IPR administration institutions Kosovo Industrial Property Office Establishment of a Copyright Office Technical Capacity Building of Law-Enforcement Institutions and Enhancement of Institutional Cooperation and Coordination Professional capacity building of IPR enforcement institutions Strengthening of enforcement mechanisms and improvement of cooperation and coordination of enforcement institutions Establishment of collective management organizations for copyright and related rights and development of a group of industrial property agents Raising Awareness and Education about IPR Accession of Kosovo to international institutions on IP and ratification of international conventions in this field...17 VI. IMPLEMENTATION, MONITORING AND EVALUATION OF THE STRATEGY Role of the monitoring system Institutional capacities for monitoring and evaluation Selection of the monitoring and evaluation indicators Monitoring and evaluation instruments

3 5. Dissemination and use of monitoring and evaluation outcomes...19 VII. ACTION PLAN...19 VIII. PRIORITIES AND RESPONSIBILITIES

4 Used Abbreviations AI CO IPO EU PCT EPO NCIP GATT IP IPR IT MAFRD MCYS MoJ MTI KJC KPC KJI TRIPS EPC OHIM WCT WIPO WPPT WTO OMI Administrative Instruction Copyright Office Industrial Property Office European Union Patent Cooperation Treaty European Patent Office National Council for Intellectual Property General Agreement On Trade-related Tariffs Intellectual Property Intellectual Property Rights Information Technology Ministry of Agriculture Forestry and Rural Development Ministry of Culture, Youth and Sports Ministry of Justice Ministry of Trade and Industry Kosovo Judicial Council Kosovo Prosecutorial Council Kosovo Judicial Institute Agreement on Trade Related Aspects of Intellectual Property Rights European Patent Convention Office for Harmonization of Internal Market WIPO Copyright Treaty World Intellectual Property Organization WIPO Performances and Phonograms Treaty World Trade Organization Office of Market Inspectorate 4

5 I. INTRODUCTION Taking into account the increasing role of the intellectual property rights for the international trade and the importance of an efficient system for their protection not only for the right holders but also for the society as a whole, the Government of the Republic of Kosovo has undertaken steps towards drafting a national strategy which aims at building a modern infrastructure for protection of intellectual property rights through development and enforcement of its institutional and legislative capacities. The Strategy on Intellectual Property of the Republic of Kosovo is a political document which determines the mission and vision of Kosovo in the field of intellectual property, as well as strategic objectives and measures to attain those objectives at national level during the period In addition to this, the Strategy aims at serving as a policy document which ensures a balance between the interests of creators in one hand, and the interest of the public on the other hand, thus preventing any kind of misuse of rights which derive from intellectual property that can hinder the market economy and fair competition. The Intellectual Property Strategy should be perceived as an achievement towards recognition, administration and protection of rights that derive from intellectual property which have a strong impact on the functioning and stabilization of the market economy, as well as preservation and strengthening of fair competition rules. The main objective of the Strategy for Intellectual Property is to improve the investment climate and stimulate economic, scientific and cultural development in country that will in turn provide for a reliable and stimulating system for protection of intellectual property rights through the development and enhancement of legislative framework and institutional capacities, all these oriented towards more efficient protection, maintenance, enforcement and exploitation of intellectual property. The Strategy for Intellectual Property represents an expression of political will of the Republic of Kosovo for opening ways towards membership in international organizations and conventions in the field of intellectual property. The Strategy for the most part is elevated to a national platform, thus determining the approach on policy development and implementation in a coordinated way by different groups of interest. It crowns one of the most serious attempts being made at engaging an intensely professional audience, at establishing an all inclusive dialogue and nurturing good understanding and faith among the various actors by giving an opportunity to all to increase their role in protection of intellectual property. The Strategy aims at fostering a sound intellectual property culture through raising the IP awareness of the Kosovo society. It also reflects full consideration with the international principles and best practices for development and protection of intellectual property. The document is structured in nine chapters: (1) introduction; (2) notion of intellectual property rights; (3) International and European standards; (4) current situation; (5)vision and mission;(6) strategic objectives and measures for their achievement; (7) implementation, monitoring and evaluation of the strategy; (8) action plan; and (9) priorities and responsibilities. The action plan enclosed is an integral part of the Strategy. It provides 5

6 for concrete actions for each of the strategic objectives envisaged in this document. It also provides for time frames, responsible and supporting institutions, budget and indicators for each of the foreseen actions. Drafting of the Strategy on Intellectual Property Rights is a fruitful result of contributions from both local and international experts, especially of the contributions given by the Industrial Property Office and the EC Liaison Office in Pristina through the EUAPO project. 6

7 NOTION OF INTELLECTUAL PROPERTY RIGHTS Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce 1.The right holders can prohibit others to use their works without any preliminary authorization, or can benefit by permitting the use of their works in exchange of compensation for their efforts and investments during the entire creation. Intellectual property is divided into two branches, namely industrial property and copyright. For the purposes of this Strategy, any reference to Intellectual Property shall be understood as a notion that encompasses both industrial property and copyright and related rights. Industrial property includes rights relating to patents, industrial designs, trademarks and service marks, geographical indications, new plant varieties, topographies of integrated circuits, and protection from unfair competition. Copyright relates to artistic creations of human intellect, novels, poems, musical compositions, sculptures, paintings, drawings, cinematographic works, architecture, choreography, photography, and similar. This branch of Intellectual Property encompasses also the so called rights related to copyright: rights of performing artists (singers, other musicians, dancers, actors and other who perform works); producers of phonograms, producers of films, and broadcasting organizations. III. INTERNATIONAL AND EUROPEAN STANDARDS IN THE FIELD OF INTELLECTUAL PROPERTY Intellectual property is an integral part of international trade, and its importance is increasing as the effective use of knowledge contributes to national economic prosperity. Globalization of trade brought serious implications with respect to the protection and enforcement of intellectual property rights. Given that these implications came as a result of differences between national legislations of countries around the globe, great efforts were made during the past years towards harmonization of national legislations through international and regional treaties and agreements. These international agreements lay down main principles and minimal requirements with respect to protection and enforcement of Intellectual Property which contracting states must guarantee under their national legislations. As a new state with aim of becoming a trading nation with strong research knowledge and a need for access to new technologies, the Republic of Kosovo has demonstrated a strong interest to enter in the agreed international and European standards on the protection and exploitation of intellectual property rights, through adoption of IP laws in compliance with the requirements deriving therein. International and European standards reflect the most recent changes and developments in the field of intellectual property, and harmonization of the legislation of the Republic of Kosovo with these standards will help the country to be in step with those changes in international intellectual property systems, and to achieve the highest standards of IPR protection. Consequently, the relevant institutions of the Republic of Kosovo shall intensify efforts for international cooperation in the field of Intellectual property. These institutions will 1 World Intellectual Property Organization ( 7

8 be committed to strengthen international cooperation in order to obtain membership and actively participate within international and European organizations in the protection and promoting of the intellectual property rights. IV. CURRENT SITUATION The European Commission s Progress Report 2 on Kosovo mentioned a limited progress with respect to the development and protection of intellectual property in Kosovo. Notwithstanding this situation, with the aim of improving the situation in this field, concrete actions have been undertaken which can be summarized as following: 1. Legal framework The current legal framework must be further harmonized in line with the European and international standards. With the aim of approximating its own legislation with international and European standards, Kosovo institutions have undertaken concrete steps in reforming the Intellectual Property legislation in line with requirements of the time. Today, the Republic of Kosovo has in effect a legislative base, which requires further development and enhancement Applicable laws The applicable laws that regulate the field of intellectual property in Kosovo are as follows: Law No. 2004/49 of 27 September 2004 on Patents, as promulgated by Regulation No.2004/56 of 21 December 2004, and amended by Law No. 02/L-100, as promulgated by Regulation No. 2007/10 of 6 February 2007; Law No. 02/L-45 of 21 November 2005 on Industrial Design, as promulgated by Regulation No. 2006/17 of 21 April 2006; Law No. 02-L-54 of 23 February 2006 on Trademarks, as promulgated by Regulation No. 2006/38 of 28 June 2006; Law No. 2004/45 on Copyright and Related Rights, as promulgated by Regulation No. 2006/46 of 24 August 2006; Law No.02/L-98 of 26 January 2007 on Protection of Plant Varieties as promulgated by Regulation No 2008/24 of 16 May 2008; Law No. 2009/03-L-170 on Customs Measures for Protection of Intellectual Property Rights as promulgated by President s Decree DL of 8 January 2010`. The draft Law on Topographies of Integrated Circuits has passed the Governmental procedures and has been presented to the Assembly for adoption By-laws/Administrative Instructions AI No. 2007/10 of on Patent Registration Procedures; AI No.2007/11 of on Representation in the Field of Industrial Property Rights, amended in 2008 (the amended AI is not available in English); AI No. 2007/12 of on Industrial Design Registration Procedures; AI No. 2007/13 of on Trademark Registration Procedures; 2 Kosovo under UNSCR 1244/ , progress report, Brussels, / SEC (2009)

9 AI No. 2007/14 of on Applications of Patents, Trade Marks, Industrial Designs, Issued Patents, Trademarks and known Industrial Designs Prior to Entering in Force of this AI; AI No. 2007/19 of on the Tariff of Fees Collected by the Patent Office. 2. Institutional Infrastructure 2.1 IPR Administration Authorities and their role in the IPR protection system Deleted: 1 - Copyright Office (CO) Law on Copyright and Related Rights of Kosovo sets forth the establishment of the Copyright Office within the Ministry of Culture, Youth and Sports. The Act establishing the Copyright Office has been drafted and is waiting for a formal approval by the Office of the Prime Minister. The Law provides the certification of collective management organizations as one of the main tasks of the Copyright Office. - Industrial Property Office (IPO) The Industrial Property Office was established on 19 March 2007, as an office within Ministry of Trade and Industry responsible for the implementation of the laws on patents, trademarks and industrial designs. The main task of the IPO is to receive applications for registration of patents, trademarks and industrial designs, perform examinations and grant rights, as well as administer and publish granted rights. The Office became operational on 19 October 2007 and since then, it has received 20,000 applications mostly on trademarks. The IPO currently consists of six members and there is a need to increase the number of staff so the Office is capable of performing all the duties prescribed by laws. IPO plays a pivotal role in the IPR protection system, and is also responsible for public awareness on IPR. 2.2 Other Institutions and Authorities Involved in Enforcement of IPR Deleted: 1 Despite all the progress marked so far in the field of intellectual property, there is still a great need for further development and strengthening of administrative capacities with the aim of more efficient enforcement of intellectual property rights, as well as more clear division of competencies of responsible enforcement institutions in this field. Other important institutions and authorities involved in enforcement of IPR are: - Judicial System: Ministry of Justice, Kosovo Prosecutorial Council- Prosecutor s Offices and Kosovo Judicial Council- Courts The IPR protection system will be of no value without a strong judicial system that addresses IP infringement claims through judicial remedies. Article 41 of the TRIPS Agreement under its general obligations requires from its members to ensure that the enforcement procedures permit effective actions against any act of infringement of intellectual property rights covered by the legal framework, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. The Ministry of Justice plays a crucial role in meeting this requirement by initiating, drafting and/or amending laws which provide for these remedies within Kosovo s judicial system. 9

10 Another important requirement deriving from the TRIPS Agreement is that procedures concerning the enforcement of intellectual property rights should be fair and equitable. To this end, Kosovo Prosecutorial Council ensures that the prosecution system in Kosovo is independent, impartial and professional. Prosecutor s Offices are authorized and obliged to prosecute committers of criminal offences and present indictment before courts on behalf of the state. Kosovo Judicial Council ensures the independency, professionalism and impartiality of Kosovo courts. KJC is a fully independent institution in the performance of its functions. It is worth of mentioning the Kosovo Judicial Institute which was established by the virtue of the Law No. 02/L-25 and serves as the main institution for training within the judicial system in Kosovo. - Ministry of Internal Affairs (MIA)/Kosovo Economic Police Police officers collect information on IPR infringements, conduct investigations, take testimonies and inform prosecutor s offices with respect to criminal offences. No IPR specialized Unit exists for the moment,. - Ministry of Economy and Finance (MEF)/ Kosovo Customs Kosovo Customs enforce border measures as determined by the Law No. 2009/03-L-170 on Custom Measures for Protection of Intellectual Property, and act on import-export, re-import, transit, custom storage procedures, internal proceedings, custom supervision, and permanent import place in the free custom zone. Therefore, their role is crucial in preventing goods that infringe intellectual property. An Intellectual Property Rights Unit (IPRU) was established within the Kosovo Customs on by virtue of the Law No. 03L-170. The IPRU functions within the Intelligence Centre and is for the time being composed of two members. According to the organizational scheme of 2010, this Unit will be transformed into a Sector thus supplementing the number of staff to 10 custom officers in total. - Ministry of Trade and Industry (MTI)/Office of the Market Inspectorate The Office of the Market Inspectorate was established by virtue of the Market Inspection Law (Law No. 02/L-1of 23 March 2005). The Law determines the inspective supervisory functions and operations and authorizations for market inspectors who implement inspecting supervisions. Market inspection authorities have the competence and resources to regularly control commercial, industrial and storage premises, work places and other premises where products are put into service; to organize random and on the spot checks and to require information. The market inspectorate can play a substantive role in the prevention of IPR infringements. 3. Actual situation in the market Main challenge remains removal of pirated and counterfeited goods from the Kosovo market such are: CDs, DVDs and different software. Even though the awareness of the Kosovo citizens with respect to the understanding and importance of intellectual property is increasing, there is a need for a nation-wide awareness with respect to the rights and obligations of each citizen in the field of intellectual property. A special emphasize should be given to the awareness of new generation, which comprises the majority of Kosovo 10

11 population, with respect to implications and consequences of illegal use of IP protected Works on the internet. V. VISION AND MISSION 1. Mission The mission of the IP Strategy is to develop an Intellectual Property System of the Republic of Kosovo in compliance with international and European standards and best practices.given the fact that the IPR protection system is a powerful factor for the economic growth and a prerequisite for the establishment of a modern market economy and for attracting foreign investments, the establishment of an efficient IP system for protection and registration of intellectual property in the light of activities of the Kosovo Government in regulating the internal market as well as in international economic cooperation and trade. 2. Vision The vision of this Strategy is to create a sustainable and effective system for protection of intellectual property in Kosovo that would in turn help the economic growth, which is one of the requests in the process of European integration, through the strengthening of lawenforcement institutions, and awareness raising of the public in the Republic of Kosovo on the importance for protecting and promoting IP rights VI. STRATEGIC OBJECTIVES AND MEASURES FOR THEIR ACHIEVEMENT Strategic objectives and measures for attaining those objectives are formulated on the basis of a situation review and the existing potential in that domain, as well as on the ambition to set up a system as closer as possible to that of the developed countries and international standards. The basic principles of the Strategy document are oriented towards: 1. Compatibility with all European and international standards, and 2. Pursuance of the European policy in that field; and 3. Pursuance of experiences and best practices of the countries in the region. The main strategic aim for the period 2010 to 2014 is to build up an IPR protection system guaranteeing effective enforcement regime in Kosovo and render assistance in the establishment of a favourable environment for the creativity and competitive power of the market stakeholders, thus stimulating the creation of an innovation potential in a state level. This goal will be achieved through the interaction of all the elements necessary for the normal functioning of the system for acquiring intellectual property rights: modern legislation; authorities for administration of IP objects, enforcement mechanisms through: judicial proceedings, border measures, actions of supervision procedures of market inspection, service providers for protection of IP related objects patent and trademark agents, and users of the system, collective management organizations etc. To this end, the following strategic objectives for the period are defined: 1. Further consolidation of the legal framework in line with International and European standards; 2. Technical capacity building of IPR administration authorities; 11

12 3. Technical capacity building of law enforcement institutions and enhancement of institutional cooperation and coordination; 4. Establishment of collective management organizations for copyright and related rights, and development of a group of industrial property agents 5. Raising awareness and education about IPR 6. Accession of Kosovo to international institutions on IP and ratification of international conventions in this field. These strategic objectives will be attained through the following: 1. Further consolidation of Legal Framework in line with European and international standards The full harmonization of the existing IP laws of Kosovo with international and European standards in that field is an important step towards the integration of Kosovo in the EU. The harmonization with the European standards (acquis communautaire) will be a response toward requirements that derive from the process of the EU membership by ensuring a functional system, for one of the basic market economy principles and guarantee for investments, such as the protection of intellectual property, and where such a system leads toward success in the fight against piracy and counterfeits, phenomena that has a great negative impact in the market. The legal framework will be reviewed against the European and international standards and based on this aim; new laws that will amend or repeal the current laws will be prepared. Firstly, laws that govern the protection of IP objects that currently are not regulated will be prepared, thus filling gaps in the legal framework. The procedures for acquisition of IPR will be simplified and made user-friendly, and within this by-laws for the implementation of the amended legal framework will be drafted as well. 2. Technical capacity building of the IPR administration institutions There is a need for capacity building of administration institution for protection of intellectual property rights, with adequate and functional technical infrastructure. In order to have successful development and promotion of intellectual property rights through institutional mechanisms, it is necessary for these institutions to have sufficient technical and specialized capacities for efficient performance of IP activities. Additionally, important part of technical capacity development is provision of adequate workspace and tools, and appropriate institutional organization. Currently, as envisaged by the applicable legislation, carriers of Institutional capacities for protection and promotion of intellectual property rights in Kosovo are the Kosovo Industrial Property Office and the Copyright Office. 2.1 Kosovo Industrial Property Office The key role of the Industrial Property Office is to grant IP rights. Apart from this role, the Industrial Property Office also serves as a principal adviser of the Government in developing policies which aim at stimulating innovation potential of the nation, as well as raising public awareness and developing, spreading, and fostering the IP culture in country. In order to fulfil this role, the Office has to dispose of material and human resources which are prerequisite for performing such functions and respond to the current challenges. 12

13 Necessary measures to be undertaken toward further functioning of this Office fall under the following categories: Organizational Structure Development; Human Resource Development; and Provision of the Necessary Material Basis Organizational Structure Development In order to carry out all of its tasks, the Office will have to increase the staff number and create an appropriate structure. In determining the necessary number of staff the current workload of the Office should be taken into account. An initial structure should consist of few sections and units:; a section in charge for receiving documentations and receiving-archiving, registries and archiving of documentation, patents examination section in charge for examination and granting of patent, examination section for distinctive signs of products in charge for examination and registration of trademarks and industrial designs etc, sector for administrative services- in charge for maintenance and administration of information technology, financial matters, trainings and public relations, legal and international activity section with the task to provide legal assistance to the management and all sections of the Office, to develop the legal framework, to ensure the fulfilment of obligations with respect to the international conventions, agreements, and other international acts to which the Republic of Kosovo is a party. Given the number of applications for intellectual property objects-trademarks, industrial designs, and patents that the Office has received during the last two years; the existing structure requires at least 15 new employees with appropriate education and knowledge for each position Human Resource Development The performance of activities and overall office efficiency require continuous staff training. Training will be directed toward mastering basic knowledge on IP domain, mastering IP registration, rejection and annulment procedures; usage of the available tools for internet search, improvement of language skills, and mastering of modern management methods. The Office has to build a team of well trained experts both from the point of view of ensuring high quality performance of the activities and of turning it into a key factor in the training in that field, training of IP representatives, state employees, and business representatives. The training should be in the form of periodical workshops and seminars, internships, study visits and on the job training Provision of the Necessary Material Basis During the strategic period, the Office should be in dispose of sufficient premises as well as equipment in order to keep in step with the modern standards and be able to efficiently perform its duties. In addition to the rooms for the staff, the Industrial Property Office should dispose premises satisfying certain requirements provided for automated systems, archives, receiving section, receiving office that would ensure public access to the databases, and would serve for provision of information to the public by the office employees. 13

14 2.2 Establishment of a Copyright Office The Copyright Office will play an important role in enforcement and protection of copyright and other related rights through the certification of collective management organizations, imposition of administrative fines, awareness raising, provision of information and other vocational and educational measures. Immediately after the establishment of the Copyright Office, an Advisory and Mediation Board will be established as well. The first phase of Office functioning will require three staff members, adequate office space and necessary equipment.. The number of Office staff will increase depending on the capacity needs.. The primary aim for protection of author s rights and related rights in the Republic of Kosovo is to ensure that the rights guaranteed by the law are implemented in practice in compliance with the requirements that derive from international conventions. The obligations for realization of objectives from this filed should be directed through: Establishment and functioning of the Copyright Office within the MYCS; Spreading and reinforcement of the Office activity within entire Kosovo territory; Institutionalization of cooperation with state institutions that have impact on the process of protection and promotion of the copyright and related rights. Increase of efficiency for fight against piracy and counterfeiting of intellectual property, throughout strengthening of legal and institutional mechanisms. Raising the awareness and fostering the culture regarding importance and the need for respect of intellectual property among users, in particular business community Licensing and promotion of collective management organizations. 3. Technical Capacity Building of Law-Enforcement Institutions and Enhancement of Institutional Cooperation and Coordination The enforcement of an IPR protection system is pointless if the right holders cannot enforce their rights efficiently. In order to ensure successful and efficient IPR protection special measures should be taken for capacity building of all the institutions involved in the IPR enforcement. In addition to this, for a successful advancement of intellectual property rights protection, creation of cooperation and coordination both within institutions and among sectors and levels of organizations is needed. Inter-institutional cooperation and coordination is a precondition for an effective work especially in the process of exchange of information, experience and joint actions or operations. 3.1 Professional capacity building of IPR enforcement institutions In order to achieve this specific objective the following actions will be taken a series of trainings for all IPR enforcement institutions will be undertaken. The MTI/IPO, MCYS/CO, KJC, KPC, KJI, MIA/Kosovo Police, MTI/Market Inspectorate, and MEF/Kosovo Customs are worth of mentioning here. Training modules and materials will be prepared that will address specific training needs of each IPR enforcement institution concerned. 3.2 Strengthening of enforcement mechanisms and improvement of cooperation and coordination of enforcement institutions 14

15 This objective will be achieved with the implementation of the following activities: The Ministry of Justice jointly with the IPO will analyze the powers of each institution participating in the rights enforcement procedures in terms of sufficiency and efficiency and, in case of need, will prepare amendments together with the respective institution. The Customs Authorities will take the necessary steps for the implementation of the measures in line with the law and international standards in the field of intellectual property law through border controls of goods that infringe upon IPRs. By-laws for the implementation of the law will be elaborated and published on the website of the Customs; The Ministry of Trade and Industry will study the possibilities for increasing the powers of the Market Inspectorate in order to involve them in the fight against counterfeits. An information system for the IP rights in force in the territory of Kosovo will be established with a purpose to assist the enforcement institutions in the performance of their functions with respect to IPRs. The enforcement institutions will establish close cooperation and coordination contacts with the relevant institutions and other participants in the IPR process. Kosovo Judicial Council (KJC), Kosovo Prosecutorial Council (KPC), Kosovo Judicial Institute (KJI) together with the IPO, CO will engage in the organization of initial training and continuous trainings programs for judges and prosecutors in the field of intellectual property rights. 3.3 Improvement of cooperation and coordination of administrative and IPR enforcement institutions The Government of the Republic of Kosovo will set up a National IP Council with the purpose to improve the cooperation and coordination between all the stakeholders involved in the law-enforcement system:.ministry of Trade and Industry/IPO, Ministry of Culture, Youth and Sport/CO, Ministry of Justice, Ministry of the Interior/Kosovo Police, Ministry of Trade and Industry/Market Inspectorate, Kosovo Judicial Council/Kosovo Courts, Kosovo Prosecutorial Council/Kosovo Prosecutor s Offices, and other institutions and nongovernmental organizations. The Council will coordinate the activities of these institutions, will elaborate measures and actions for raising the efficiency of the practical implementation of IP legislation, supervise and control the law enforcement in that domain, and it will develop an anti-counterfeiting strategy. Another task of the Council will be to assist the cooperation and coordination with legal non-profit-making persons working in this field, as well as the execution of important national and regional projects. 4. Establishment of collective management organizations for copyright and related rights and development of a group of industrial property agents Licensing of collective management organizations is a very important step that should be undertaken immediately after the establishment of the Copyright Office, and drafting of sublegal acts for establishment of those organizations. Collective management organizations will ensure an effective management of copyright and other related rights, promote collectively rights and interests of authors, and raise the profile of Kosovo authors in both national and international level. 15

16 Another important element of every IP protection system is the group of industrial property agents. They play a very important role in the IP system as they provide professional assistance to natural and legal persons in matters concerning industrial property: drafting, filing and processing of applications for patents, trademarks and industrial designs; maintenance of their protection; consultations in different IP issues licensing, know-how, technology transfer, as well as in litigation matters. Therefore the availability of IP agents offering high-quality services will be one of the priorities in To that end a Law governing the Representation in the field of Industrial Property will be drafted with the assistance of the IPO. It will regulate the status and activity of agents, and the conditions under which agent s services may be provided. The law will also provide the establishment of a Chamber of Kosovo IP Agents. The IPO, jointly with the Chamber of IP Agents, will annually organize and conduct various forms of training in the field of industrial property with a view to improving agents skills and raising the quality of the services provided. 5. Raising Awareness of the Society and Education about Intellectual Property Rights There is a strong need to cultivate IP culture and create innovative potential in Kosovo. The average Kosovar citizen has no sufficient information on the existence of patents, copyrights, and trademarks. That is why it is of utmost importance for the whole society to be aware and understand the multi-faceted and dynamic role of the IP system, including its importance for successful development and creation of welfare. The Industrial Property Office and the Copyright Office will play an important role in the awareness and education process in the field of intellectual property training and education. Activities of these offices will contribute directly to raising awareness about the importance of intellectual property, on its own initiative, suitably communicated to the public and the parties concerned, and indirectly, by fostering activities of state bodies and interest groups. A direct contribution to the raise of awareness and education will be realized through the following activities: The Industrial Property Office will prepare information materials on IP and, and their distribution will be done through adequate forms by making use of the entire existing institutional infrastructure will disseminate them to the companies. One of these forms could be through the Business Registration Agency where businesses upon registration will be equipped with information materials on IP. The IPO will establish close connections with the Kosovo Chamber of Commerce and other existing business organisations, and will conclude with them cooperation agreements in the field of industrial property for the purpose of disseminating information materials on IP and organizing various joint training events. Special measures will be taken to promote the innovative potential of Kosovo. The Ministry of Trade and Industry will develop and propose to the Government an innovation support strategy intended to encourage investments in innovations and acquirement of IP rights. Particular attention will be paid to the most perspective sectors of industry as well as to the small and medium-sized enterprises. The IPO will establish close contacts with the Agency for SMEs for joint activities. 16

17 The MEST will study the possibility of making intellectual property a subject in the curriculum of the University of Pristina, with the aim of enhancing theoretical and practical knowledge in this field. Regular reporting about the enforcement activities and successes by the state administration bodies in different fields of the enforcement of intellectual property rights, with appropriate media coverage; Specific inclusion of intellectual property rights in the regular training and education of staff of relevant state administration bodies; Industrial Property Office and Copyright Office will encourage and assist universities in formulating and establishing an intellectual property policy. These policies should aim at raising the awareness among the academic community such are students and teachers, and circles outside universities on the importance of intellectual property rights and possibilities of its use. Promotion of possibilities by the Government, through the Kosovo Institute for Public Administration, in offering training programs for relevant state officials on the issues of protection of intellectual property. Additionally, indirect contributions are sponsoring or initiation of events related to raising the awareness about intellectual property, and participation of high-ranking government officials in the events organized by interest groups and economic operators. The IPO and Copyright Office shall develop a far reaching awareness, training and education programs, aimed at different circles of the society- students, private sector and consumers. 6. Accession of Kosovo to international institutions on IP and ratification of international conventions in this field Kosovo will take the necessary actions to adhere to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) administered by the WTO. In the field of industrial property Kosovo will adhere to the following basic conventions and treaties administered by the World Intellectual Property Organization; The Convention Establishing the World Intellectual Property Organization The Berne Convention for the Protection of Literary and Artistic Works of 1886 The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961 The Copyright Treaty The Performances and Phonograms Treaty The Paris Convention for the Protection of Industrial Property The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks The Hague Agreement Concerning the International Deposit of Industrial Designs (the Hague Act (1960) and the Stockholm Complementary Act (1967)) The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure The Patent Cooperation Treaty. 17

18 The accession to the PCT will make possible the adherence to the European Patent Convention that would be a step forward to practical affiliation of Kosovo with the European structures.. VI. IMPLEMENTATION, MONITORING AND EVALUATION OF THE STRATEGY 1. Role of the monitoring system Strategy implementation process will encompass the achievement of the strategic objectives, specific objectives and activities. Monitoring and evaluating outcomes of the implementation of objectives and the effectiveness of respective activities is an integral part to the Strategy process and key components to its delivery. Monitoring and evaluation will provide the means to measure progress in relation to the stated objectives assess needs and establish regulation direction, particularly in relation to activities. The monitoring process shall be carried out by the responsible institutions through the State Council on Intellectual Property Rights with a wide participation from stakeholders. The main dimensions of strategy monitoring and evaluation are: Deleted: Nacion Institutional capacities; Monitoring indicators for the duration and by the completion of the four year timeframe; Information sources and measuring instruments; Dissemination and utilization of monitoring and evaluation outcomes. 2. Institutional capacities for monitoring and evaluation The monitoring and evaluation system shall cover all institutions responsible for the implementation of objectives defined within the Strategy and Action Plan The Industrial Property Office as the main stakeholder for achieving objectives, will establish a monitoring and evaluation unit of the Strategy within the IP National Council. This unit shall monitor against the most important indicators in relation to the strategy objectives. Towards the end of each year, it shall prepare a progress report on the objectives implementation level that will be presented to the State Intellectual Property Office. Line Ministries (MTI, MoJ, MCYS, MEF, MIA, KJC, KPC) will be responsible to monitor and evaluate activities that have been allocated to these ministries or their subordinate institutions, and prosecution offices and courts as well. These institutions will inform regularly the IP Council and IPO, in order to ensure cohesive reporting. Non-Governmental Organizations shall take part in monitoring and evaluation, in joint roundtable discussions organized by the Industrial Property Office. In these roundtable discussions, civil society will present observation reports with regard to projects and programs carried out by them. 3. Selection of the monitoring and evaluation indicators Final Indicators: 18

19 Number of respective laws and sub-legal acts that have entered into force following the approval of the Strategy Structures established (Office and other institutions). Number of bilateral and multilateral agreements signed with other countries and organisations. Strategy monitoring and evaluation reports. Number of cases dealt with by the police, customs, prosecution office and courts in and out of Kosovo. 4. Monitoring and evaluation instruments Standardized data collection and processing system; Administrative, Statistical Data from MTI/IPO, MKRS/CO, MIA (Police), MoJ, MEF (Customs, KTA), MEST, Prosecution, Courts, MLSW; National and international referral mechanisms; Surveys and observations targeted on the population s awareness in relation to organized crime issues. 5. Dissemination and use of monitoring and evaluation outcomes Monitoring and evaluation outcomes shall be disseminated in order to communicate the progress in advancement of IP, namely in achieving strategic objectives. Once progress reports are drafted, based on data and observations, they will be circulated to users, which include: Central government institutions, International partners, Civil society, Media Wider public. The State Intellectual Property Council supported by the Industrial Property Office has the main responsibility to circulate the results. In addition, results will be publicized also through the media, or by organizing seminars and roundtable discussions, in order to draw conclusions in relation to progress in strategy implementation. VII. ACTION PLAN The Action Plan will be drafted within the overall strategic framework defined with the National Strategy on Intellectual Property. The action plan for the execution of the strategy will be comprised of the following and it should be coherent with the Overall Framework of the National Strategy of the Republic of Kosovo on Intellectual Property: Overall objectives; Specific objectives; Concrete activities in order to achieve objectives, Responsible and supporting institutions for achieving each objective and activity; 19

20 Timeframes for achieving each objective; Necessary funding sources in developing the activities; Indicators set against each objective and activity. The Action Plan will be reviewed annually under the auspices of the State Council for Intellectual Property. The Action Plan will be updated based on the review through a working manual, and will be transformed into an independent document. VIII. PRIORITIES AND RESPONSIBILITIES The Government of the Republic of Kosovo will obligate all respective institutions mentioned in the Strategy to plan in an appropriate manner the implementation of the measures referred to in this Strategy in their medium term plans. The priorities as well as the responsible institutions during the four years of the strategic period will be established in the Action Plan. 20