On January 24, 2008, the Nice Agreement regarding the international classification of goods and services will enter into force in Argentina.
KOSOVO
Industrial Property Office Opening
On November 19, 2007, the Intellectual Property office of Kosovo opened and started operating.
There is a revalidation period provided for IP rights registered in Yugoslavia and in Serbia and Montenegro before 19 November 2007.
The deadline of this revalidation period is 12 months starting from the day the IP office of Kosovo started operating.
This revalidation period only concerns IP rights registered and not only applied. All rights only applied before 19 November 2007 must be re-filed in order to exist in Kosovo, but the original application dates of the Serbia or Yugoslavia applications will be maintained.
For this revalidation process, a proof of the applicant’s ownership of an IPR is required as well a power of attorney.
LEBANON
Nice Classification
On October 1st, 2007, the 9th Edition of the Nice Classification has been adopted in Lebanon.
MONTENEGRO
Decree regulating the recognition of IP rights obtained in the Predecessor State of Serbia and Montenegro
For your information, on October 12, 2007 a Decree regulating the recognition of IP rights obtained in the Predecessor State of Serbia and Montenegro has been published.
This Decree came into force on October 20, 2007 and the following main points of this text are explained hereunder:
It is important to know that the IP office is still not operating and it is expected to open in the near future.
The general idea of this Decree for national IP rights is that pending applications will have to be mandatory revalidated. But registered rights will be recognized automatically.
1) Pending trademark applications
Pending applications for registration applied in the former State Union of Serbia and Montenegro (or Serbia, as from June 3, 2006) must be revalidated in Montenegro.
Pending applications in Serbia must also be revalidated to be recognized in Montenegro with their original priority date. A copy of the Serbian application will be needed with payment of revalidation fee.
The time frame to request revalidation will be 6 months from the date the Montenegro IP office starts operating.
2) Registered trademarks
Trademarks registered in Serbia will be automatically recognized when the Montenegro IP office will start operating and no revalidation will be required.
IP owners will have the option to obtain a “Certificate of Registration” for this right in Montenegro but the owner must submit an evidence that this trademark was registered in Serbia to the Montenegro IP office.
3) Trademark renewals
Renewals requested in the former State Union (or in Serbia after 3 June 2006) before the Montenegro IP office starts will be recognized in Montenegro.
After the day the Montenegro will start operating, renewals will have to be paid separately in Montenegro.
As it was said above, the Montenegro IP office is expected to start operating in the near future.
The trademark legislation of Montenegro will be the same as in the former State Union, at least for the time being.
UNITED KINGDOM
Examination on relative grounds of refusal
Since 1st October 2007, the UK office ceased to refuse trademark application on basis of prior rights.
..........Laurence Hulin
..........IP Coordinator / Edital
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