Introduction to Copyright and Related Rights enforcement in the Republic of Kosovo
Kosovo adopted new legislation on copyright and related rights, Law No. 08/L-205 on Copyright and Related Rights (LCRR), which is in line with EU legalisation in the area of copyright and neighbouring rights. The law entered into force at the end of October 2023. According to Article 5 of the LCRR, a work is any production in the field of literature, art, or science that is original in the sense that it is the author’s own intellectual creation, and no other criteria shall apply.
Protection of the works is automatic; in Article 15 of the LCRR, it is foreseen that the sole act of creating a work grants authors the right to protect their works. No formalities or registrations are necessary for the recognition and enforcement of this right. According to Article 7 of the
LCRR, the author of the work is the physical person who created the work.
The Kosovo legislation recognises and protects the economic and moral rights of authors. The recognised moral rights are: right of disclosure, Article 18; right to claim authorship and to be named, Article 19; right of integrity, Article 20; right of withdrawal, Article 21. Moral rights
are not transferable by assignment or license. The economic rights recognised are enumerated within Article 23 of the LCRR.
1. Enforcing Copyright and Related Rights
Kosovo legislation in relation to the enforcement of copyright and related rights has determined civil procedures, administrative sanctions, and criminal sanctions. In addition, the Law on Customs Measures for Protection of Intellectual Property Rights has foreseen border enforcement measures.
1.1. Enforcement provisions of the Law No. 08/L-205 on Copyright and Related Rights Law
The law LCRR, Article 124 of the law, specifies that in any situation of an infringement or threat of infringement of copyright or related rights, the author or the rightholder may claim the acknowledgment of this right, the discontinuation of the infringement, and its omission in the future. The actions for infringement of copyright and related rights shall be expedited in accordance with Article 124, paragraph 6. The first hearing session must begin by the court no later than three months after the claim was submitted.
Additionally, the LCRR has regulated the following: the evidence in Article 126, the preservation procedures in Article 127, the access to information in the context of an infringement process in Article 128; the provisional and precautionary measures in Article 129; the Corrective Measures in Article 130; and the Injunctions in Article 131.
The Compensation of Damages, Article 132 of Law No. 08/L-205 on Copyright and Related Rights, states that the court can order the infringer to pay damages to the right holder if the infringer, knowingly or with reasonable grounds to know, engaged in an infringing activity. The damages should be appropriate to the actual prejudice suffered as a result of the infringement. It is important to mention that according to Article 132, paragraph 4, a lawsuit for the infringement of rights may be filed in court within three (3) years from the date when the plaintiff became aware of the infringement and of the identity of the infringer. Administrative sanctions in the form of a misdemeanour are foreseen for the legal persons and the individual businesses; this is within Article 136 of the LCRR.
1.2. Enforcement provisions of the Criminal Code No. 06/L-074 of Republic of Kosovo
Infringement of copyright and related rights constitutes a criminal offence. Article 290 of the Criminal Code No. 06/L-074 of the Republic of Kosovo states that whoever violates copyrights by disclosing or communicating a copyrighted work or performance of another without authorization shall be punished by imprisonment for up to three years. The article also specifies
punishments for intentionally failing to state the name of the author or performer, distorting or mutilating a copyrighted work, and performing or communicating a copyrighted work in an indecent manner. If the perpetrator obtains for himself or for another person at least ten thousand (10,000) EUR but less than fifty thousand (50,000) EUR, he or she shall be punished
by a fine and imprisonment of not less than three (3) months to five (5) years. When the perpetrator obtains more than fifty thousand (50,000) EUR, he or she shall be punished by a fine and imprisonment of not less than six (6) months to eight (8) years.
Circumvention of technological measures is also sanctioned. Article 291 of the Criminal Code, states that whoever commits any act of circumvention of any effective technological protection measure or any act of removal or alteration of electronic rights management information, as provided for by the provisions of the Law on Copyright and Related Rights, shall be punished
by imprisonment for up to three (3) years. The objects and the equipment for their manufacturing provided for in paragraph 1., of this article shall be confiscated.
1.3. Enforcement based on the Law No. 06/L-015 on Customs Measures for Protection of Intellectual Property Rights
The law sets out the rights, responsibilities, principles, and customs measures undertaken by the Kosovo Customs with regard to goods that are suspected to infringe intellectual property rights. The law defines intellectual property rights as the right to industrial property, copyright,
and other related rights prescribed by law. Based on the law, Kosovo Customs is tasked with protecting intellectual property rights for goods that enter or leave the territory of Kosovo upon request of the right holders or representatives, or ex officio.
Customs enforcement of an IPR may be carried out only where an application for action (AFA) requesting that action be taken with respect to goods suspected of infringing the IPR has been granted to the person holding the IPR. AFAs are edited in both Law No. 06/L-015 and Administrative Instruction No. 53/2018.
In order for customs to act upon the request of the right holder, an application for customs action must be submitted. In Kosovo, AFAs shall be submitted to the Division for the Protection of Intellectual Property of the Kosovo Customs. The applicant will not be charged a fee for new applications or requests for extensions submitted under Law No. 06/L-015. However, Kosovo Customs reserves the right to pass on to the applicant any costs they incur
from the moment of detention, including handling, storing, and dismantling the suspect goods. The validity period of an AFA shall not exceed one year but may be extended upon request.
Where an AFA is submitted in response to an ex-officio detention that does not contain all of the mandatory information regarding technical data, etc., it shall be granted only for the detention period of the goods in question, unless the information is provided within 10 working days after the notification of the suspension for the release or detention of the goods. Kosovo Customs shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application. If the applicant has been notified of the suspension of the release or the detention of the goods by the customs authorities before the
submission of an application, the Kosovo Customs shall notify the applicant of its decision granting or rejecting the application within 2 working days of the receipt of the application.
