The Managing Director of AMA IP-LEX, Mr. Valon Kashtanjeva, delivered a presentation at the workshop organized by the U.S. Department of Commerce in partnership with the U.S. Embassy in Kosovo.

Mr. Kashtanjeva took part in the “Workshop on Combating Piracy and Counterfeiting in Kosovo,” held from 16–18 April 2024 in Prishtina. The workshop brought together judges of the Commercial Court, prosecutors, customs officers, police officials, and representatives from the Kosovo Industrial Property Agency and the Copyright Office.

He began by expressing his gratitude to the U.S. Department of Commerce and the U.S. Embassy for organizing this important event and for the trust given to him in contributing to a workshop supported by experts from the United States and the United Kingdom. Among the presenters was also Mr. Graeme Grant, Vice President for Global Content Protection at Universal Music Group.

Key Concepts of Intellectual Property Protection and Enforcement in Kosovo

During the workshop, Mr. Kashtanjeva delivered a presentation titled “Fundamental Concepts of Intellectual Property Protection and Enforcement in Kosovo.” He also co-led, together with IP expert Mr. Kenneth Wight, a practical exercise on combating the smuggling of counterfeit goods, and moderated the panel “Inter-Ministerial Cooperation in Intellectual Property Enforcement.”

Panelists included:

• Ms. Bobbie Smith, Advisor to the Special Agent (ICHIP), U.S. Department of Homeland Security, National IPR Coordination Center

• Ms. Kristi O’Malley, Attorney, ICHIP — U.S. Department of Justice

• Mr. Dave Lowe, Head of Enforcement and Capacity Building, UK Intellectual Property Office (UKIPO)

In his presentation, Mr. Kashtanjeva outlined the fundamental concepts of Intellectual Property Rights (IPR) as products of human creativity and intellect, covering inventions, music and software, literary works, trade secrets, designs, and geographical indications. He discussed the core characteristics of these rights and the significant challenges associated with protecting intangible assets.

Focusing particularly on enforcement in developing countries—including the Republic of Kosovo—he highlighted the various types of IPR such as copyright, patents, trademarks, and industrial designs.

Challenges in IP Enforcement in Kosovo

A substantial part of the discussion was dedicated to the enforcement procedures of IPRs in Kosovo. Mr. Kashtanjeva emphasized several systemic shortcomings, including:

• lack of sufficiently strong sanctions,

• limited institutional and human capacities,

• and procedural obstacles that hinder effective IP protection.

He elaborated on Kosovo’s legal framework for IPR, referencing domestic legislation and international agreements such as the TRIPS Agreement.

Furthermore, he addressed the practical difficulties faced in enforcing IPRs in developing countries and underscored the need for rights holders to proactively defend their rights despite structural challenges. His presentation covered both civil and criminal remedies available in Kosovo, including injunctions, compensatory damages, and criminal penalties for serious infringements.

Conclusion

This presentation played an essential role in deepening the understanding of the IP landscape in Kosovo, highlighting not only the legal basis but also the practical realities and challenges faced in IPR enforcement.