Overview
Courts, proceedings
and strategy
We represent rights holders and defendants in IP litigation across all six Western Balkan jurisdictions. Civil proceedings before the courts are the primary route for infringement claims; administrative courts handle appeals against IP office decisions. Criminal proceedings are also available and pursued where the circumstances justify them alongside civil action.
Competent courts
Jurisdiction by jurisdiction
Civil IP proceedings are handled before national courts. The competent court and available administrative review mechanisms vary by jurisdiction.
| Jurisdiction | Civil IP court | Administrative review (appeals against IP office decisions) |
| Serbia | Commercial Court Belgrade Higher Court Belgrade |
Administrative Court |
| Bosnia & Herzegovina | Courts of general jurisdiction - no designated specialised IP court |
Court of BiH (administrative dispute against IP office decisions) |
| Montenegro | Commercial Court Podgorica | Administrative Court |
| North Macedonia | Basic Civil Court Skopje | Administrative Court |
| Albania | Court of First Instance, Tirana | Administrative Court, Tirana |
| Kosovo* | Commercial Court Pristina (exclusive jurisdiction) |
Administrative Court (became operational on May 5, 2026) |
Proceedings
Civil and criminal proceedings
Civil proceedings are the primary route for trademark infringement and IP disputes generally. Criminal proceedings are available in all jurisdictions and are pursued where the scale or deliberateness of the infringement warrants it - typically in parallel with civil action rather than as a standalone route.
Interim measures
Urgency and interim relief
Serbia is the most reliable jurisdiction for interim measures - a well-documented request before the Commercial Court in Belgrade is typically considered within days to a couple of weeks. In other jurisdictions, timelines are less predictable. The newly established Commercial Court in Kosovo has demonstrated efficiency and, in some cases, responds faster than the regional norm.
Outcomes
How disputes typically resolve
A significant share of cases settle - particularly where the rights holder has a strong position and the infringement is clear. Defendants assess the cost and duration of proceedings and frequently conclude that settlement is preferable. Settlement is a strategically valuable option in this region and should be considered from the outset, not only as a fallback.
Timelines
Litigation timelines
Other jurisdictions
Broadly comparable - case and court dependent
Serbia - first instance
Approximately 18–30 months
Serbia - second instance
Additional 7–8 months
Kosovo
Shorter in practice since establishment of Commercial Court
Practical notes
Framing claims
for the right court
In jurisdictions without specialised IP courts, the presiding judge may be well-versed in contract law but less familiar with concepts such as likelihood of confusion or dilution. This does not mean proceedings should not be brought - it means the claim needs to be framed clearly for a court with general civil jurisdiction. The quality of the pleadings and the clarity of the argument become more critical than they would be before a specialised tribunal.
A specific point for Kosovo: a rights holder cannot bring an infringement action on the basis of a pending application - registration must be completed first. Timing of registration is therefore strategically important in that jurisdiction, and filings should be made as early as possible if enforcement is anticipated.