Serbia News Archives
February 29, 2008
Serbia to begin new domain name registration March 10, 2008
The Serbian National Register of Internet Domain Names (RNIDS) will begin registering Internet domain names with .rs extension on Monday, March 10, 2008.
.rs stands for the Republic of Serbia. It was previously .yu, which stood for Yugoslavia.
Holders of .yu domain names will have priority to register .rs domains for six months from March 10, after which time applications will be taken on a first-come, first- served basis.
.yu domains are expected to continue to be valid until at least September 30, 2009, according to RNIDS.
Registration of .rs domains will be conducted through 27 Serbian companies accredited by RNIDS as the registrars of .rs domain names. A list of the accredited registrars, as well as detailed rules and procedures regarding registration and transition from .yu to .rs, are available in English on the RNIDS website.
For more information, please contact Branislav Krnetic or Judith Goeke.
December 14, 2007
Serbian .rs Domains Expected to Launch January 10, 2008. Applications Accepted Now.
On October 26, 2007, Serbian Registry of Domain Names (RNIDS) adopted new regulations on .rs ccTLD. .rs stands for the Republic of Serbia. It was previously .yu ccTLD, which stood for Yugoslavia.
According to the new regulations, both foreign and domestic individuals and legal entities are now eligible to register an unlimited number of .rs domains in Serbia. In the past, it was only domestic legal entities that were eligible to obtain .yu ccTLD and were only allowed one domain per entity. Foreign registrants are required to provide a local administrative contact.
Most importantly, while .rs domains are scheduled to launch on January 10, 2008, the applications for .rs domains are being accepted now. We recommend preventative measures and advise all clients to submit applications now in order to reserve .rs domains before the expected launch in January 2008.
For more information please contact Branislav Krnetic in our Balkan Regional Office in Belgrade, Serbia.
June 01, 2007
SD PETOSEVIC Top Ranked in Chambers Europe
Chambers, a publisher of world-famous guides to legal profession, ranked SD PETOSEVIC #1 IP firm in Serbia.
Market observers cited SD PETOSEVIC team as “a great club of responsive, easy-going and pleasant lawyers who mesh well with one another,” and clients are highly satisfied with “the great standards of the lawyers’ work.”
For more information, please contact Tanja Diklic in our U.S. Liaison Office in New York.
February 05, 2007
Fake NIKE Destroyed in Serbia
The first ever destruction of counterfeit goods in Serbia by the Customs Authorities took place on December 29, 2006. See photos.
Since 2005, the Serbian Customs have been successfully and diligently making seizures under the provisions for the enforcement of intellectual property rights contained in the Customs Law. However, not one actual instance of destruction had ever taken place. Counterfeit goods continued to accumulate in Customs warehouses.
According to the Customs Authorities, one of the major obstacles to destruction was the lack of suitable facilities in Serbia for destroying plastics, rubbers and other similar materials in an environmentally friendly way. In a bit of good timing, the proper facilities were found just a month before the general elections in Serbia. 13,000 pairs of counterfeit running shoes, bearing the trademarks of NIKE and DEISEL, were destroyed in one day at the State waste facilities. Instead of burning the running shoes, as was done in other countries, the shoes were cut into small pieces by a large machine used for destroying tires. The method had the approval of the Serbian Ministry of Environment, as is required under the law.
No destruction has taken place since December 29, 2006. It has been indicated that the machine used for destruction cannot work in cold weather. It is hoped that the warm weather, expected to return to Serbia in a few months time, will bring some more spring-cleaning to the Customs warehouses in Serbia.
Meanwhile, the Internal Market Inspectorate has been making use of its new powers for seizure under the Law on Special Powers for the Purpose of Efficient Protection of Intellectual Property Rights, which became law in Serbia last year. The law allows trademark holders to file “Watch Notices” with the Internal Market Inspectorate and provides for procedures similar to the Customs Laws. Several successful seizures have been made in the internal market and we continue to encourage our clients to consider this effective new tool for enforcing IP rights in Serbia.
For more information, please contact Kathryn Szymczyk or Mihajlo Zatezalo.
October 30, 2006
Madrid Filing Fee Calculator – WIPO’s New Code for Serbia is RS
Prior to the dissolution of the Union of Serbia and Montengro on June 3, 2006, Madrid Filing Fee calculator designated Serbia and Montenegro with the code YU. The new code is RS and it stands for Republic of Serbia.
Serbia continues as the state and legal entity of the Union and it continues to exercise its rights and to honor all its undertakings under the Madrid Agreement Concerning the International Registration of Marks and under the Protocol relating to the Madrid Agreement.
As a consequence, all International Registrations which were valid in Serbia & Montenegro before June 3, 2006, when the Union ceased to exist, are now valid in Serbia. Furthermore, any pending designation of Serbia and Montenegro (code YU) will be treated by the International Bureau of WIPO as a designation of Serbia (RS).
With respect to Montenegro, its accession to WIPO did not take place yet and therefore Montenegro does not have its own code. However, we expect that Montenegro’s code will be MN.
With respect to the Romarin database, all records have not yet been converted from YU to RS. It is therefore possible that some records show both designations. Until all records are converted, the searches should be done using both YU and RS.
As of last week, there were 130,882 marks in the Romarin database with YU designation and 1,628 with RS designation.
For more information on Serbia and Montenegro, please contact Ignacio Lazaro.
October 12, 2006
Declaration by the Republic of Serbia
After Montenegro’s separation from Serbia in June of this year, the Republic of Serbia continues the state and legal identity of the state union of Serbia and Montenegro.
Therefore, the Republic of Serbia will continue to exercise its rights and to honor its commitments deriving from treaties administered by WIPO, including:
The Convention Establishing the World Intellectual Property Organization;
The Paris Convention for the Protection of Industrial Property;
The Berne Convention for the Protection of Literary and Artistic Works;
The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods;
The Madrid Agreement Concerning the International Registration of Marks;
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;
The Hague Agreement Concerning the International Registration of Industrial Designs;
The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;
The Locarno Agreement Establishing an International Classification for Industrial Designs;
The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;
The Nairobi Treaty on the Protection of the Olympic Symbol;
The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations;
The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms;
The Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite;
The Trademark Law Treaty;
The WIPO Copyright Treaty;
The WIPO Performance and Phonograms Treaty;
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure;
The Patent Cooperation Treaty.
In contrast, following the separation of the Union, Montenegro is no longer a member of the conventions mentioned above. Nonetheless, Montenegro is expected to ratify treaties administered by WIPO in the near future.
For more information on the declaration by the Republic of Serbia, please contact Loic Dufour.
September 27, 2006
The U.S. Trade and Development Agency (USDTA) Gives Grant to Serbian Intellectual Property Office
USTDA awarded a $465,857 grant to the Serbian Intellectual Property Office (IPO) for technical assistance on September 13, 2006.
Under the grant, an American contractor will assist the Serbian IPO to build technical capacity and improve processes in order to help establish the IPO as a self-funded agency from fees of processing patent, trademark, copyright and related intellectual property rights applications.
For more information, please contact our Serbia representative.
June 06, 2006
Montenegro's Separation from Serbia, Recent Developments in Kosovo: How Are Your Intellectual Property Rights Affected?
Montenegro
The former Yugoslav republic of Montenegro declared independence on Saturday when its parliament adopted the May 21st national referendum decision to end its union with Serbia.
Negotiations between Serbia and Montenegro on how to disentangle the two states, including the laws and court systems, are expected to begin shortly.
The separation of the union will have significant effects on IP owners’ rights. Currently, Montenegro does not have its own Patent and Trademark Office or its own intellectual property laws. New legislation in Montenegro is likely to closely resemble the relevant Serbian laws. Based on the experience following the breakup of the former Yugoslavia into 5 countries, we anticipate a six to twelve month period of time for IP owners to revalidate rights registered under the old union in Montenegro. In the meantime, joint government agencies, such as the Patent and Trademark Office in Serbia, will operate under the same rules and regulations as before the independence declaration.
Kosovo
Kosovo, an enclave in Serbia with an Albanian majority, is presently jointly governed by Provisional Institutions of Self-Government and the UN Interim Administrative Mission in Kosovo (UNMIK). The future of the province is set to be determined by the end of 2006.
A comprehensive legal framework for the self-government for Kosovo was established on May 15, 2001. Since 2001, new laws have been promulgated to replace some of the laws of Serbia, including some laws on intellectual property rights. The amendments to the law on patents, which would allow the Ministry of Trade to establish a Patent and Trademark Office, are presently being reviewed by the Office of the Prime Minister and are expected to be approved shortly. In addition, the promulgation of a trademark law is expected in the near future. Once a Patent and Trademark Office is established in Kosovo it will likely be necessary to revalidate the existing IP rights. Like in Montenegro, we anticipate that there will be a six to twelve month time frame within which an IP owner can revalidate their existing IP rights registered under the old union.
Although the situation in both Montenegro and Kosovo is in flux, the enforcement of intellectual property rights is possible with the use of good strategy and timely action.
For more information on Montenegro and Kosovo, please contact Slobodan Petosevic or Kathryn Szymczyk.
January 23, 2006
SD PETOSEVIC Opens Balkan Regional Office in Serbia
SD PETOSEVIC is pleased to announce the opening of its second office in Serbia and Montenegro.
The Balkan Regional Office will expand the firm’s activities in Serbia and Montenegro, in particular in Kosovo and Montenegro. The Regional Office will also coordinate work in all SD PETOSEVIC offices in the region.
The intellectual property practice will be handled by three attorneys with significant experience in the field, namely Slobodan Petosevic, Mihajlo Zatezalo and Andrej Prekajski.
As head of the Balkan Regional Office, Kathryn Szymczyk will lead the business development of the firm. She will also coordinate intellectual property work in Serbia and surrounding countries. Ms. Szymczyk, a Canadian trained lawyer, was formerly with Gowlings in its Ottawa, Toronto and Moscow offices and has extensive experience advising clients on intellectual property rights in the developing economies of Eastern Europe.
Contact information at the Balkan Regional Office:
SD PETOSEVIC Vele Nigrinove 16a 11000 Belgrade Serbia and Montenegro T. +381 11 2836 809 / 810 / 890 F. +381 11 2836 817 / 818
September 10, 2005
Kathryn Szymczyk joins SD PETOSEVIC Balkan Regional Office in Serbia
We are pleased to announce that Kathryn Szymczyk has joined SD PETOSEVIC as Head of the Balkan Regional Office in Belgrade.
Ms. Szymczyk will lead strategic development and coordinate SD PETOSEVIC offices throughout the Balkan countries, including Serbia & Montenegro, Croatia, Romania, Bulgaria, Bosnia & Herzegovina, Macedonia and Albania. She will also act as the regional liaison for all clients seeking advice in the Balkans.
Ms. Szymczyk, a member of the bar in Canada, was previously at Gowlings where she was head of the Moscow representative office and managed and coordinated all aspects of the firm’s intellectual property practice in Russia. She was also with Gowlings in Ottawa and Toronto offices where her practice concentrated on counseling clients and handling domestic and international trademark matters.
Ms. Szymczyk joined SD PETOSEVIC on September 1, 2005.
For more information, please contact our Serbia & Montenegro representative.
April 15, 2005
Serbia and Montenegro Court Orders Destruction of Over 12,000 Pairs of Counterfeit NIKE Sneakers
On April 7, 2005, the Commercial Court in Belgrade, Serbia and Montenegro ruled in the first anti-counterfeiting matter since the Intellectual Property Rights division of the Serbian Customs was formed last year.
The court ordered destruction of 12,780 pairs of counterfeit NIKE sneakers imported from China by a Serbian company that is being linked with and/or may have its origins in China. In addition, the same judgment explicitly bars the defendant from any further violation of intellectual property rights of the famous manufacturer.
SD PETOSEVIC Belgrade office lawyers, acting on behalf of the plaintiff in this case, believe this is only the first in a long series of decisions that will follow in an effort to minimize the quantity of counterfeit goods on the market of Serbia and Montenegro.
Among other factors, the preparation for candidature of Serbia and Montenegro for entry into the European Union played an important role in a significant increase of efficiency demonstrated by the Serbian Customs and courts.
For further information about the decision, please contact our Serbia & Montenegro representative.
March 16, 2005
New Serbian & Montenegrin Trademark Law effective January 1, 2005
Various revisions have been made to Serbian & Montenegrin Trademark Law, in accordance with TRIPS, European Community legislation (1993 and 1998 Regulations), and the WIPO joint resolution on well-known marks. These revisions are effective from January 1, 2005.
The most notable points, some of which clarify the old law, are as follows:
Introduction of Certification trademarks, described as a form of Collective mark.
The legal conditions required must be met at the grant of a trademark, not at the date of application.
Parts of a trademark may be disclaimed.
A trademark application or registration can be divided.
Exhaustion of Rights is henceforth universal. The trademark owner can prevent exhaustion if it would harm its reputation in some manner.
A company name does not infringe a trademark if this name was acquired in good faith and used before the trademark’s application.
Famous marks must be registered to enjoy protection. To be famous, the mark must have a high reputation and be known to relevant members of the public.
If an earlier rights holder tolerates a registration for five years, there is acquiescence (does not include well-known marks).
In a cancellation action, the owner of the earlier right or its legal successor is obliged to prove that the trademark is in use. Cancellation for non-use takes effect on the date of last use (not on the date of the Decision).
Use must be genuine use.
Revocation on the grounds that a trademark has become generic takes effect at the time of the final Decision.
If a trademark is filed in bad faith, the rightful owner can ask for the mark to be transferred into his/her name.
Where an infringing mark infringes a well-known mark, it may be transferred into the name of the owner of the well-known trademark.
For further information about the new Law, please contact our Serbia & Montenegro representative.
November 17, 2004
Extension of European Patents to Serbia & Montenegro entered into force on November 1, 2004
Extended European patent applications and patents now enjoy essentially the same protection in Serbia and Montenegro as the patents granted by the EPO for the 29 member states of the European Patent Organization.
The extension of European patents in Serbia and Montenegro occurs at the applicant’s request.
The extension fee is EUR 102 (approximately USD 132). If the fee is not paid in due time, the applicant is allowed a grace period during which time the extension fee can still be validly paid with a surcharge of 50%. Otherwise, the request for extension is deemed withdrawn.
The extension is not available for applications filed prior to November 1, 2004, or for any European patents resulting from such applications.
For more information on the extension of European Patents to Serbia & Montenegro, please contact our Serbia & Montenegro representative.
August 12, 2004
Amendments to the Patent Law of Serbia and Montenegro
After a recent amendment, the 20-month term for filing PCT applications in Serbia and Montenegro under Chapter 1 was extended to 30 months.
The Patent Law of Serbia and Montenegro now complies with the Patent Cooperation Treaty (PCT) modifications of April 1, 2002, and more precisely with the amendment to the PCT Article 22 (1).
Practically, the Patent Law of Serbia and Montenegro now provides that the deadline for entering the national phase of an international patent application under Chapter I will be extended from 20 months to 30 months from the priority date.
The new 30-month time limit under the PCT Article 22(1) will apply to international applications filed on or after 1 January 2004.
The time limit for entering the national phase of an international patent application under Chapter II (PCT Article 39 (1)) remains at 30 months. However, it can be extended by one month upon payment of additional fees.
July 16, 2004
Extension of European Patents to Serbia & Montenegro expected in November
On June 15, 2004, the Co-operation and Extension Agreement between Serbia & Montenegro and the European Patent Office was ratified by the Parliament of Serbia & Montenegro.
According to the Federal Intellectual Property Office of Serbia & Montenegro, the Agreement is expected to enter into force by the end of November 2004.
In line with the ratification and prior to the Agreement being enforced, Serbia & Montenegro Patent Law was also amended on July 2, 2004 with the goal to fully harmonize with EU legislation. The new Patent Law is scheduled to be enforced by the end of this month. It specifically addresses the enforcement of the Co-operation and Extension Agreement between Serbia & Montenegro and the European Patent Office.
Under the Co-operation and Extension Agreement, the European patents extended to Serbia & Montenegro will have the same effect as national patents granted in the territory of Serbia & Montenegro.
For more information on the extension of European Patents to Serbia & Montenegro, please contact us.