On 6 February 2026, the Law No 08/L-291 on
the Administrative Court (hereinafter: “the Law”) enters into force in Kosovo,
marking an important development in the country’s judicial framework and
administrative justice system. The Law establishes the Administrative Court as
a regular judicial instance within the judicial system of the Republic of
Kosovo and regulates its organization, functioning and jurisdiction.
Previous Jurisdiction over Administrative
Matters
Prior to the entry into force of this Law,
IP-related administrative matters fell within the jurisdiction of the
Commercial Court of Kosovo, which was also recently established, primarily
through its Department for Administrative Matters, which was competent to hear
administrative disputes initiated by commercial entities against final
decisions of the Kosovo Industrial Property Agency (KIPA).
Consequently, final administrative
decisions concerning the registration, cancellation, or invalidation of
intellectual property rights such as those issued by the Commission of Appeals
of the KIPA in relation to the registration, refusal, or annulment of IP rights
(trademarks, patents, industrial designs, and GIs) could be challenged before
the Administrative Department of the Commercial Court of Kosovo.
Transfer of Jurisdiction to the
Administrative Court
Under the new legal framework, these
competences have been transferred to the Administrative Court, which now holds
exclusive first-instance jurisdiction over all administrative disputes. The
Administrative Court is organized into four departments, with the General
Department being of particular relevance to IP right holders.
The General Department is competent to
adjudicate all administrative disputes not falling within the jurisdiction of
the other departments, including challenges against final administrative
decisions issued by the KIPA.
It is important to emphasize that this
transfer of jurisdiction does not affect the competence of the Commercial Court
in commercial intellectual property disputes. In particular, Article 13.1.9 of
the Law on the Commercial Court, which provides for the protection of copyright
and industrial property rights, continues to apply to civil and commercial
disputes between private parties, such as infringement actions, claims for
damages, ownership and licensing disputes and unfair competition matters.
However, any potential counterclaims seeking the invalidation of an
intellectual property right must be initiated before the KIPA and may
subsequently be subject to judicial review by the Administrative Court.
Accordingly, administrative disputes in
the field of intellectual property, namely challenges against final decisions
of public authorities, fall within the exclusive jurisdiction of the
Administrative Court, whereas private-law IP enforcement remains within the
jurisdiction of the Commercial Court.
Practical Implications for IP Right Owners
While this reform is generally expected to
improve procedural efficiency, legal clarity, and institutional specialization
in the judicial review of administrative decisions, effective review of
IP-related administrative acts requires not only expertise in administrative
law, but also a solid understanding of the technical and industry-specific
characteristics inherent in intellectual property rights.
Although judges currently adjudicating
administrative matters within the Commercial Court are expected to be
transferred to the Administrative Court, certain practical and substantive
challenges may nevertheless arise during this transition. In this context, the
manner in which IP-related administrative disputes will be handled, both in
terms of judicial expertise and continuity of practice, will be of key
importance for IP right holders.
The Administrative Court is expected to
become fully operational within three months following the entry into force of
this Law. During this transitional period, the transfer of pending cases and
the practical implementation of the new jurisdictional framework will be
particularly relevant for ongoing and future administrative disputes involving
intellectual property rights.
This article was co-authored by Kujtesa
Nezaj-Shehu and Morea Pula and was originally published in The
Establishment of the Administrative Court in Kosovo
