The Establishment of the Administrative Court in Kosovo: Implications for IP Right Holders

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.