Trademark Exhaustion and Parallel Imports in Kosovo: Alignment with EU Law and Judicial Practice
Session
Law
Description
The principle of trademark exhaustion is pivotal in defining the legality of parallel imports and determining the balance between free movement of goods and brand owners’ rights. This paper explores the treatment of trademark exhaustion in Kosovo, with a particular emphasis on alignment with European Union law and the interpretative role of judicial practice. It examines how the EU’s regional exhaustion model, as shaped by Court of Justice of the European Union (CJEU) case law, contrasts with Kosovo’s current legislative framework and judicial handling of disputes. By analyzing key EU decisions and their relevance for Kosovo’s courts, the paper evaluates the extent to which Kosovo’s trademark regime supports or hinders harmonization with the EU acquis. Ultimately, it argues that greater reliance on EU jurisprudence, coupled with judicial capacity building, is essential for ensuring consistency, legal certainty, and Kosovo’s smooth integration into the European legal order.
Keywords:
Trademark Exhaustion; Parallel Imports; European Union Law; CJEU Jurisprudence; Kosovo IP Law; Regional Exhaustion Principle; Legal Harmonization; Judicial Practice
ISBN
978-9951-982-41-2
Location
UBT Lipjan, Kosovo
Start Date
25-10-2025 9:00 AM
End Date
26-10-2025 6:00 PM
DOI
10.33107/ubt-ic.2025.246
Recommended Citation
Zejnullahu, Njomëza, "Trademark Exhaustion and Parallel Imports in Kosovo: Alignment with EU Law and Judicial Practice" (2025). UBT International Conference. 9.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/9
Trademark Exhaustion and Parallel Imports in Kosovo: Alignment with EU Law and Judicial Practice
UBT Lipjan, Kosovo
The principle of trademark exhaustion is pivotal in defining the legality of parallel imports and determining the balance between free movement of goods and brand owners’ rights. This paper explores the treatment of trademark exhaustion in Kosovo, with a particular emphasis on alignment with European Union law and the interpretative role of judicial practice. It examines how the EU’s regional exhaustion model, as shaped by Court of Justice of the European Union (CJEU) case law, contrasts with Kosovo’s current legislative framework and judicial handling of disputes. By analyzing key EU decisions and their relevance for Kosovo’s courts, the paper evaluates the extent to which Kosovo’s trademark regime supports or hinders harmonization with the EU acquis. Ultimately, it argues that greater reliance on EU jurisprudence, coupled with judicial capacity building, is essential for ensuring consistency, legal certainty, and Kosovo’s smooth integration into the European legal order.