Trademark protection according to national and international legal acts, with special emphasis on civil and criminal law

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Abstract

The protection of trademarks is a fundamental component of intellectual property law, aimed at ensuring fair competition and safeguarding the economic interests of rights holders; however, challenges persist in achieving effective harmonization and enforcement, particularly in developing and transitional legal systems. This paper examines the trademark protection framework in the Republic of Kosovo in light of national legislation and relevant international and European Union (EU) legal instruments, including the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and EU trademark law standards (World Trade Organization [WTO], 1994; The European Parliament, & The Council of the European Union, 2015). The purpose of the research is to assess the degree of alignment of Kosovo’s trademark legislation with international and EU norms and to evaluate its application within civil and criminal law contexts. The study employs a doctrinal and comparative legal methodology, based on the analysis of statutory provisions, international agreements, and scholarly literature. The findings reveal that while Kosovo has made notable progress toward legal harmonization, deficiencies remain in enforcement mechanisms and legal certainty. The paper concludes that further legislative refinement and stronger institutional implementation are required. This research is relevant for advancing academic discourse on trademark law and for informing policymakers and legal practitioners involved in intellectual property protection and legal harmonization processes.

Keywords: Legal, Protection, Trademarks, Harmonized, EU Trademark, International Agreements

Authors’ individual contribution: The Author is responsible for all the contributions to the paper according to CRediT (Contributor Roles Taxonomy) standards.

Declaration of conflicting interests: The Author declares that there is no conflict of interest.

JEL Classification: K11, K33, O34

Received: 12.05.2025
Revised: 07.12.2025; 20.12.2025; 16.01.2026
Accepted: 03.02.2026
Published online: 05.02.2026

How to cite this paper: Haliti, B. (2026). Trademark protection according to national and international legal acts, with special emphasis on civil and criminal law. Corporate Law & Governance Review, 8(1), 136–143. https://doi.org/10.22495/clgrv8i1p11