Serbia News Archives

January 27, 2012

Serbian Cyrillic Domain Registration Starts January 27

The Serbian National Register of Internet Domain Names (RNIDS) will start accepting the Cyrillic .срб (srb) domain registrations on January 27, 2012.

During the initial six-month registration phase, only the owners of existing .rs domains will be able to register the corresponding .срб domains, i.e. one-to-one character transliteration into Serbian Cyrillic characters, e.g. google.rs to гоогле.срб. Characters that cannot be directly transliterated into the corresponding Serbian Cyrillic characters (such as w, x, y) will translate into 3-character dummy sequences in Cyrillic, e.g. wellness.rs to љћшeллнесс.срб.

The direct transliteration of foreign words is not always an adequate solution, since there are often differences in the pronunciation of a word and the way it is transliterated. Therefore, in order to ensure a meaningful Cyrillic domain name, it may be necessary to register a proper local domain under .rs before registering the corresponding .срб domain. For example, Google is pronounced and written in Serbian as Gugl (Latin) or Гугл (Cyrillic), so it is advisable to register gugl.rs first, and than apply for гугл.срб, which is in local terms a more adequate domain name than гоогле.срб.

After the initial registration phase, everyone will be able to register any number of available .срб domains, as of July 27, 2012.

Registration is possible under .срб as well as under the following extensions:

• .пр.срб for commercial entities
• .орг.срб for organizations
• .обр.срб for educational institutions
• .од.срб for individuals
• .упр.срб for administrative bodies
• .ак.срб for academic network

Non-Serbian nationals, both companies and individuals, may register a .срб domain, but must provide a local administrative contact.

For more information, please visit the RNIDS page on the .срб domain or contact Svetlana Gavrilovic at our Balkan Regional Office.

Source: RNIDS; CRI Domains d.o.o.

New Patent Law in Serbia Introduces Important Changes

Serbia’s new Law on Patents entered into force on January 4, 2012 and introduced important novelties, which we explain below.

Serbia become the European Patent Organization’s (EPO) member state on October 1, 2010, thus the new law provides important requirements related to the European patent validation process. The extension system in accordance with the old patent law will, however, continue to apply to all European and international applications filed prior to October 1, 2010, as well as to all European patents granted as a result of such applications. The new law also provides requirements for the filing of European patent applications directly with the Serbian IPO.

In case the patent applicant or holder fails to comply with deadlines set by the Serbian IPO, they are under certain circumstances entitled to request continued processing of the corresponding patent application or registration within three months from the receipt of the official notification informing that the deadline for taking action has expired.

The new patent law for the first time includes provisions on the restoration of the priority right. Namely, the applicant can file a request for the restoration of the priority right within two months following the expiration of the priority period, but before the completion of the technical preparations for the publication of the patent application.

One of the major novelties is the possibility to appeal an IPO decision before the government, within 15 days from the date of the receipt. The administrative proceedings may be instituted against the government’s decision within 30 days from the date of the receipt of the government’s decision.

The new patent law prescribes that a patent application may be examined in an expedited procedure upon the request of the court, market inspection or customs authority, if judicial proceedings, inspection surveillance or customs procedures have been initiated. This urgent procedure may be requested in the event of an infringement litigation arising from the published application; along with request, the applicant is required to furnish evidence that the court proceedings for infringement terminated the finality of a competent authority on the application.

In case of an infringement action arising from the published application, the court will stay the civil proceedings until the IPO’s issuance of the final decision. If the patent revocation proceeding is requested before the IPO, the court shall stay the proceedings on an infringement action initiated by the right holder or the holder of an exclusive license, or on an action for the establishment of the right to protection initiated by the inventor or his successor in title or employer, or on an action for the recognition of the inventor’s status.

The new law introduces a novelty in the patent granting procedure. Once an application is submitted and the formal requirements have been fulfilled, the IPO is obliged to invite the applicant to request the patent search and to pay the corresponding search fees within one month of the invitation. When it receives the search request, the IPO will conduct the search on the basis of the claims, with due regard to the description and the drawings, and forward it to the applicant, who is entitled to request substantive examination within six months of the receipt of the search report. The report will be published together with the patent application in the Official Gazette or separately.

Provisions on third-party observations are explicitly stipulated in the new law. The law provides the possibility for the interested parties to present written observations concerning the patentability of the invention, after the patent application’s publication. The IPO is however not obliged to take such observations into consideration and the interested party will not be considered a party to the proceedings.

The new patent law prescribes that all supplementary protection certificate (SPC) provisions will enter into force on July 1, 2013.

The government body responsible for public health is entitled to grant the SPCs or the compulsory licenses for the manufacture and sale of pharmaceutical products intended for export to countries dealing with public health problems, to any party whose request fulfills the requirements outlined in the new law. When deciding whether to grant a compulsory license, the government must take into account the Decision of the General WTO Council of 30 August 2003 on implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health. The validity of the provisions regulating the compulsory licenses related to the manufacture of pharmaceutical products for export to countries with public health problems will cease on the day of Serbia’s accession to the EU.

For more information, please contact Tijana Milijanovic at our Balkan Regional Office.

Source: The local text of the law

Serbia Adopts Copyright Law Amendments

Last month the Serbian parliament adopted several amendments to the 2009 Law on Copyright and Related Rights, in order to fully harmonize it with the European Union (EU) and the World Trade Organization (WTO) regulations. The amendments entered into force on January 4, 2012.

The most important changes concern the provisions on copyright limitations. The initial version of the law prescribes that within the scope of informing the public about current events, it is permissible to make copies of a work, as well as to communicate the work in all other forms to the public, through the press, radio and television, without the author’s permission and without remuneration. With the amendments, the limitation refers not only to the press, radio and television, but covers other media as well, inter alia including the Internet.

The amendments also introduce the possibility to reproduce a literary work in whole for personal, non-commercial purposes, if the work has been out of print for minimum two years. Before the amendments, such reproduction was limited to excerpts of a copyrighted work. Along those lines, the law now more adequately regulates the widespread practice of illegal copying of textbooks used for educational purposes.

Furthermore, the section of the law related to the protection of databases is regulated in more detail. The law precisely prescribes what this protection encompasses as well as the rights and obligations of the authorized user of the database.

The amendments have also been introduced to provisions regulating the use of optical discs in proceedings before courts or other authorities. Namely, before the amendments, the law prescribed that a work on the optical disc could be reproduced for the said purposes, but such reproduction was practically impossible as optical discs are protected with relevant technical measures. With the amendments, the holder making use of the technical protection measures is obliged to remove or alter the measures in order to enable persons entitled by the law to have access to the content.

Droit de Suite, author’s right to be informed of and to receive remuneration for the resale of the work, is now regulated in more detail. It is defined what is considered to be an original piece of art. Also, the law now clearly prescribes that the provisions should be applied to any transactions involving those who professionally trade with artistic works, such as showrooms, art galleries, auction houses and similar institutions.

For more information, please contact Ana Stojanovic at our Balkan Regional Office.

Source: The local text of the law

November 29, 2011

Serbian Customs and JTI Join Forces against Illegal Cigarette Trade

Last month the Serbian Customs Administration and Japan Tobacco International (JTI) signed a cooperation agreement aimed at fighting the illicit trade of tobacco products.

The two parties agreed to exchange information and provide any other professional and technical assistance to each other in the fight against smuggling and counterfeiting of cigarettes.

In 2010 the Serbian Customs Administration prevented the smuggling of over 30 million cigarettes, the total value of which is approximately EUR 1 million (USD 1.35 million).

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

October 28, 2011

Serbia Adopts Trade Secret Law

The Law on Protection of Trade Secrets entered into force in Serbia on October 6, 2011. The Law regulates legal protection of trade secrets against all actions of unfair competition. Before the enactment of this law, trade secrets were regulated by the Law on Business Companies.

Trade secret, according to the new law, is any information that:

• has commercial value because it is not generally known or available to third parties that can gain economic advantage by its use;
• is protected by its holder by appropriate measures in order to preserve its secrecy;
• could harm its holder if disclosed to third parties.

Information marked as confidential in order to conceal a crime, abuse of authority or official position or other unlawful act or practice does not qualify as a trade secret.

According to the new law, the misappropriation of a trade secret, especially its unlawful obtaining, use and disclosure, is a tort and can under certain circumstances be an economic offense.

For more information, please contact Djordje Markovic at our Balkan Regional Office.

Source: The local text of the law

Serbian Customs Seize Nike, Air Max Labels

On September 28, 2011, the customs officials at Belgrade’s airport seized 10,000 Nike and Air Max labels, believed to be counterfeit.

The officials discovered the labels after checking the luggage of a Chinese citizen arriving on a flight from Munich, Germany.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

Serbia New Chair of WIPO

On September 26, 2011, Ambassador of Serbia at the United Nations in Geneva, Uglješa Zvekić, has been elected chairman of the World Intellectual Property Organization’s (WIPO) General Assembly for the period 2011-2013.

For the first time after 30 years, the representative of a country from Eastern or Central Europe has become elected for this post.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

EPO President Visits Serbia

On September 21-22, 2011, President of the European Patent Organization (EPO) Benoît Battistelli paid his first official visit to Serbia after the country became the EPO member in October 2010.

Battistelli met with the Serbian Deputy Prime Minister for European Integration Bozidar Djelic and Minister of Education and Science Zarko Obradovic to discuss the role of patents in supporting innovation, the harmonization of Serbia’s intellectual property laws with the EU legislation and the EPO’s cooperation with Serbia.

The EPO is currently implementing a EUR 2.2 million (USD 2.9 million) EU-funded project in Serbia aimed at strengthening IP protection in the country. In January 2010, a center for intellectual property information and education was set up at the Serbian IPO as part of this project.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO, EPO

August 30, 2011

Serbia Adopts National IP Strategy 2011-2015

The Serbian government has recently adopted the national intellectual property strategy for the 2011-2015 period.

The strategy defines the objectives to be reached during this period, the most important of which are to:

• Determine the degree of compliance of local legislation with the Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights

• Determine the degree of compliance of the Law on Geographical Indications with the Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs and perform the necessary amendments

• Take the appropriate organizational and technical measures for digitization of all IPO documentation on the requested and granted intellectual property rights

• Take the appropriate organizational and technical measures to introduce the electronic application system at the IPO for the grant of industrial property rights

• Improve the system of protection of geographical indications for wines

• Create a permanent coordinating body for cooperation among the police, inspections, customs authorities and tax administration

• Develop the program of mutual cooperation among the police, customs, inspections, state broadcasting agencies, courts, prosecutors and the IPO

• Provide funding for the system of protection of geographical indications and traditional specialties

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO; text of the strategy

Law on Optical Disks in Serbia Explained

In the last issue we reported that the new Law on Optical Disks entered into force in Serbia on July 23, 2011. The law is applicable as from January 23, 2012.

The law prescribes conditions for the manufacture of optical discs and the production parts thereof, import and export of production parts and the manufacturing equipment used in connection with the production of optical discs, as well as the conditions related to copying for commercial purposes, export, import, trade and distribution of optical discs.

The law explains the meaning of the following terms: optical disc, stamper, glass master, manufacturing equipment, mastering equipment, manufacture, manufacturing code, manufacturing license, etc.

The law also prescribes that no person can engage in the manufacture of optical discs and/or in the manufacture of equipment used in connection with the production of optical discs without previously obtaining the license and the manufacturer’s code.

The law deals with various aspects of optical discs licensing. For example, the Serbian IPO will be authorized to issue the license, duration period of which is two years. However, the license can be renewed for an indefinite number of times upon filing of a written request and paying the prescribed fee. The IPO will also be in charge of managing the manufacturers’ codes registrar in electronic form and assigning the codes to licensees.

The Market Inspectorate will carry out the inspection over the implementation of the new law. The law itself contains provisions relating to the rights and obligations of the Market Inspectorate as well as provisions regarding its cooperation with the customs authorities during the export and import of optical discs, stampers and manufacturing equipment.

The law was modeled on the corresponding laws in Hong Kong, the Philippines, Ukraine, and Montenegro.

For more information, please contact Tijana Milijanovic at our Balkan Regional Office.

Source: PETOŠEVIĆ

July 25, 2011

Serbia Adopts Optical Disk Law

On July 14, 2011, the Serbian parliament adopted the Law on Optical Disks. The law was published in the Official Gazette No. 52/2011 on July 15, and entered into force on July 23.

More details about the new law are coming soon.

For more information, please contact Tijana Milijanovic at our Balkan Regional Office.

Source: Serbian IPO

Serbian Customs Detain Fake Wristwatches, Sunglasses

On June 24, 2011, the customs officials at Belgrade’s airport detained wristwatches, sunglasses and sunglass cases bearing the names of well-known brand names and suspected of being counterfeit.

The officials seized about 800 wristwatches bearing the marks Breitling, Omega, Rolex, D&G, Chanel, Cartier and Armani and an unidentified number of sunglasses and sunglass cases bearing the marks of Gucci, Dior, Louis Vuitton and Ray Ban. The goods, worth approximately EUR 40,000 (USD 57,000), will remain in custom’s storage until the completion of infringement proceedings.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs website

Serbian Scientists to Get Genuine Microsoft Software

On June 29, 2011, Serbia and Microsoft signed an agreement under which Microsoft software will be supplied to all scientists who participate in programs financed by the Serbian government in the next four years.

Serbian Deputy Prime Minister Bozidar Djelic explained that the agreement would enable 11,000 scientists to use legal software, since a considerable amount of software used in Serbia is illegal. Serbia received a significant discount for the purchase of USD 755,000 (EUR 525,000) worth of Microsoft’s software, Djelic added.

Djelic also announced that Microsoft plans to open an innovation centre in Serbia and that Serbia plans to further develop information technology and make progress in intellectual property protection.

Microsoft’s Corporate Vice President Alain Crozier stated that it is very important to protect IP and make innovations, and that Serbian scientists will enjoy the benefits of genuine software.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian government’s website

June 21, 2011

Serbian Customs Detain Dior Counterfeits

On May 31, 2011, the Serbian customs officials at the Batrovci border crossing with Croatia detained textile goods bearing the mark of Dior, believed to be counterfeit.

After a thorough inspection of a truck traveling from Turkey to Italy, the customs officials discovered and detained more than 1,200 sweatshirts and sweatpants and 900 T-shirts worth approximately EUR 33,000 (USD 47,000).

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

May 26, 2011

Serbian Customs Seize Counterfeit Toys, T-Shirts, Socks

During regular controls at Serbia’s border crossings in the period April 14 – May 5, 2011, the Serbian customs officials seized considerable quantities of goods suspected of being counterfeit.

On April 14, the officials at the Šid border crossing with Croatia seized an unidentified number of puppets with the Spider-Man logo, along with other children’s toys and raincoats with cartoon characters, worth approximately EUR 22,000 (USD 31,000). The goods were discovered in a freight train container and were intended for a Serbian importer.

On April 15, the officials at the Gradina border crossing point with Bulgaria discovered and seized counterfeit socks bearing the logo Lycra and counterfeit T-shirts bearing the logo Pepsi Cola, worth approximately EUR 84,000 (USD 120,000), produced in Turkey and intended for an English importer.

On May 4, at the Šid border crossing with Croatia, Serbian customs officials discovered and seized 2,000 mosquito repellent devices, 1,200 mosquito repellent tablet packets and 840 electric massagers believed to be counterfeit. The officials also seized 3,840 fake perfumes bearing among others the marks of Paul Smith, Wizard and Apple Love. The goods, worth approximately EUR 10,000 (USD 14,000), were discovered in a truck and were intended for a Serbian importer.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

April 27, 2011

Serbian Customs Detain 12,500 Kilograms of Counterfeits Intended for Polish Importer

On April 10 and 11, 2011, the Serbian customs officials at the Gradina border crossing point with Bulgaria and the Horgos border crossing point with Hungary, detained 12,500 kilograms of textile goods bearing well-known brand names suspected of being counterfeit.

At the Gradina crossing point, the officials performed a routine check of a truck with Bulgarian license plates, traveling from Turkey to Poland, and detained 6,500 kilograms of goods suspected of being counterfeit, valued at approximately EUR 80,000 (USD 114,000).

The following day a different truck transporting the goods intended for the same Polish importer appeared at the Horgos crossing point. After a thorough inspection of the truck, the customs officials detained 6,000 kilograms of goods suspected of being counterfeit, valued at approximately EUR 67,000 (USD 96,000).

The detained items include jeans, footwear, skirts, men’s suits, ties, sweatsuits, sweatshirts, sweatpants, shirts, T-shirts, towels, wallets, bags, Bermuda shorts and shaving razors bearing the marks of Replay, Diesel, DSquared, Versace, G-Star, D&G, Fendi, Chanel, Yves Saint Laurent, Hugo Boss, Trussardi, Ferre, Cavalli, Moschino, Gucci, Nike, Adidas, Polo Ralph Lauren, Armani, Hugo Boss, Burberry, Louis Vuitton, Tommy Hilfiger and Gillette.

Criminal proceedings have been initiated in Dimitrovgrad, south-central Bulgaria, against the driver of the first truck, while the driver of the second truck was released with goods found to be genuine.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

February 23, 2011

Serbia to Adopt Optical Disk Law to Curb Piracy

A public discussion on the draft of Serbia’s new Law on Optical Disks took place at the Serbian IPO in December 2010, gathering representatives from the IPO, relevant government ministries, the Serbian copyright protection organization SOKOJ, along with other interested parties engaged in the activities related to the contents of the draft law. The draft law, designed to help combat piracy in Serbia, is expected to enter the parliamentary procedure in the first half of this year.

The draft law prescribes conditions for the manufacture of optical disks and the production parts thereof, import and export of production parts and the equipment used in connection with the production of optical disks, as well as copying for commercial purposes, export, import, trade and distribution of optical disks.

The draft law also prescribes that no person can engage in the manufacture of optical disks and/or in the manufacture of equipment used in connection with the production of optical disks without previously obtaining license and the manufacturer’s code.

The draft law deals with various aspects of licensing for the manufacture of optical disks. For instance, the Serbian IPO will be authorized to issue the license, duration period of which is two years. However, the license can be renewed for an indefinite number of times upon filing a request with the IPO and paying the prescribed fee. The IPO will also be in charge of managing the manufacturers’ codes registrar in electronic form and assigning the codes to licensees.

The draft law also contains the interpretation of the rules, including a thorough explanation of reasons for adopting this law as well as estimates of financial assets necessary for the implementation of the law.

The draft law explicitly states that it was modeled on the corresponding laws in Hong Kong, the Philippines, Ukraine and Montenegro.

For more information, please contact Tijana Milijanovic at our Balkan Regional Office.

Source: PETOŠEVIĆ, Serbian IPO

January 20, 2011

Warehouse for Counterfeit Sneaker Production Discovered in Serbia

On December 24, 2010, the Serbian customs officials, in cooperation with the police, discovered a warehouse used for production of counterfeit Nike, Puma, Converse and Dolce & Gabbana sneakers.

The warehouse is located in the city of Pancevo, 15 kilometers northeast from Belgrade. Two machines used for sewing and gluing fake labels, 2,000 pairs of sneakers with labels, 500 pairs without labels and an unidentified number of labels that were ready to be sewn or glued onto sneakers were discovered during the raid. The counterfeit goods are valued at approximately EUR 120,000 (USD 160,000).

The request for initiating criminal proceedings is to be made against the warehouse tenant, the owner of the Chinese company Lingxiao Liu. The seized goods will be placed under customs supervision until the end of proceedings.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

December 21, 2010

4,000 Pairs of Fake Nike Sneakers Destroyed in Serbia

The representatives of the PETOŠEVIĆ office in Belgrade and the representatives of Delta Sport, the exclusive distributor of Nike in the Balkan region, have recently organized and witnessed the destruction of 4,151 pairs of sneakers found to infringe the intellectual property rights of Nike.

On December 4, 2010, the counterfeit goods were taken to the city waste yard where they were destroyed with a truck tire shredder, compacted and covered with waste and soil.

The infringing goods were discovered and seized by the state market inspectorate representatives from the Ministry of Trade and Services in various outlets in Serbia.

You can see the photos of the destruction in our gallery.

For more information, please contact Ivan Matic at our Balkan Regional Office.

Source: PETOŠEVIĆ

Every Fourth Computer in Serbia with Legal Software

The Serbian daily Blic has recently reported that overall one out of four computers in Serbia has legal software. However, only one out of ten personal, household computers has a licensed, paid for operational system.

According to the Microsoft Serbia Sales Manager Srdjan Starovic, there are 1.2 million computers in Serbia, half of which are household computers. Only 10 percent of household computers have legal software. The percentage of companies that have legal software is higher, 40 percent.

In 2011, the Serbian Ministry of Trade and Services plans to launch a EUR 2.8 million (USD 3.7 million) project for decreasing the level of software piracy. Serbia currently has a 72 percent piracy rate. The estimates say that decreasing the piracy rate by 10 percent would add USD 29 million (EUR 22 million) to the Serbian budget and open up the possibility of several thousands new jobs.

Serbia loses about USD 100 million (EUR 75 million) annually due to software piracy, according to Dragomir Kojic, vice president of the intellectual property protection committee at the American Chamber of Commerce in Serbia. Kojic stated that Serbia has adequate laws, but that the enforcement is inadequate.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbia daily newspaper Blic

EC: Serbia Made Moderate Progress in IP Area in 2010

As part of its Enlargement Package for 2010, the European Commission has recently issued a progress report on Serbia, part of which concerns the protection of intellectual property rights. According to the report, Serbia has made moderate progress in the IP field this year.

Among positive developments, the report notes the education and information centre that the IPO opened on its premises, aimed to assist in the overall development of the national IP system. Serbia has acceded to the European Patent Convention and become European Patent Organization’s member state. Furthermore, the recently adopted Strategy for Scientific and Technological Development is expected to help increase the number of patent applications. The law on patents will be adopted soon.

New legislation on industrial design, topography of integrated circuits and geographical indications has been adopted, in line with the Interim Agreement on Trade and Trade-Related Matters that Serbia and the EU signed. A new copyright law was adopted in December 2009, followed by the implementing legislation.

In terms of IP rights enforcement, the country has set up specialized enforcement units, the frequency of raids has increased and the number of cases filed before the courts has decreased. The customs administration and the market inspection have made significant progress in IP rights enforcement and seizures of counterfeit goods, but the inadequate storage space for illegal goods remains a problem.

Better cooperation among government bodies having the authority in the area of IP rights protection is needed, as well as significant investment into the training of judges. The report also notes that there have been discussions on the long-term financial sustainability of the IPO, but that no solution has been found yet. The law on optical discs has yet to be adopted and the national IP strategy needs to be finalized.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

November 29, 2010

Serbia to Adopt New Patent Law

A public discussion on the draft of Serbia’s new Law on Patents took place at the Serbian IPO on November 5, 2010, gathering representatives from the IPO, Ministry of Science and Technological Development, Ministry of Defense, Serbian Chamber of Commerce, along with the members of inventor associations and other interested parties.

The draft law, expected to enter the parliamentary procedure by the end of the year, has been created to fully comply with the EU directives and the conventions Serbia recently joined, the European Patent Convention (EPC) and the Patent Law Treaty (PLT), and to eliminate the weaknesses of the current Law on Patents. During the four-hour discussion, participants were asked to make suggestions and raise complaints, which will help improve patent protection in Serbia.

The most important change concerns European patent applications and European patents granted as a result of such applications, on which Serbia is now designated as a Contracting State, not as an extension state. Namely, a European patent application can now be filed directly with the European Patent Office (EPO) or with the Serbian IPO. However, the European divisional application must be filed directly with the EPO. The European patent application must be filed with the Serbian IPO in one of the official languages in accordance with the Article 14 of the EPC.

The draft of the new patent law for the first time allows foreign natural or legal persons, non-residents of Serbia, to act almost directly before the IPO. Namely, if they appoint a representative, entitled only to receive the IPO communication, they can file patent applications, receive notifications issued by the IPO and pay the fees themselves.

One of the major novelties is the possibility to appeal the IPO decision before the government, within 15 days from the date of receipt of the decision. The administrative proceedings may be instituted against the government’s decision within 30 days from the date of the receipt of the decision.

The draft explicitly regulates the assignment of rights, license and pledge and applicant’s/holder’s name or address change requests. A single request will be sufficient even when the change relates to more than one application/registration, provided that the application/registration numbers of all registrations concerned are indicated on the request. The draft explicitly prescribes the substantive examination proceedings of such requests.

The draft for the first time includes the provisions for restoration of priority rights. Namely, the applicant can file the request for restoration of the priority right within two months following the expiration of the priority period, but before the completion of the technical preparations for the publication of the patent application.

The government is entitled to grant a compulsory license or a supplementary protection certificate for pharmaceutical products. When deciding whether to grant such a compulsory license, the government must take into account the Decision of the General Council of 30 August 2003 on implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health.

The draft law also provides that the petty patent may contain one independent patent claim and a maximum of four dependent patent claims.

If the applicant or the patent holder does not take action before the deadline given by the IPO, they are under certain circumstances entitled to request the continuation of the proceedings related to the corresponding patent application or registration. The request can be filed within two months after receiving the official notification informing the applicant/holder that the deadline for taking action has expired.

If the patent application fulfills formal requirements, the IPO can invite the applicant to request patent search and to pay the corresponding fees within one month of the invitation. The report on the requested search will be published together with the patent application in the Official Gazette or separately. However, if the applicant does not request the search report within the deadline prescribed by the IPO, the IPO will issue a withdrawal notification.

Under the draft law, the IPO employees do not have the right to protect their inventions during their employment within the office and the period of one year following the end of their employment.

For more information, please contact Tijana Milijanovic at our Balkan Regional Office.

Source: Serbian IPO, PETOŠEVIĆ

Serbia Gets Cyrillic Domain

The Internet Corporation for Assigned Names and Numbers (ICANN) has approved Serbia’s Cyrillic country code top-level domain (ccTLD) name extension .срб (srb), the Serbian National Register of Internet Domain Names (RNIDS) informed in its press release on Noveber 8, 2010.

RNIDS, which also manages the Serbian Latin ccTLD .rs, said that it expects to start accepting Cyrillic domain name registrations in the second half of 2011, following public consultations.

This is the second Cyrillic ccTLD that ICANN approved, the first being the Russian .рф.

For more information, please contact Jelena Jankovic at our Balkan Regional office.

Source: RNIDS

Serbia and WIPO Sign Cooperation Agreement

On October 26, 2010 in Belgrade, Serbian Prime Minister Mirko Cvetković and Director General of the World Intellectual Property Organization (WIPO) Francis Gurry signed an agreement between Serbia and WIPO identifying areas for future collaboration.

During his two-day visit to Serbia, Gurry met with a number of high government officials with whom he discussed how Serbia’s economic, social and cultural development can be enhanced by an effective IP system and how WIPO can support the country’s efforts to improve its IP system.

The future collaboration between WIPO and Serbia is based on the activities already in progress such as the development of a national IP and innovation strategy, IPO automation and infrastructure projects, capacity building and training programs that will address the needs of all the key players in IP protection in Serbia.

Gurry visited the University of Belgrade, Serbia’s oldest and largest university, and gave a lecture on the role of IP in innovation and scientific institutions. Gurry also visited Serbia’s IPO, which on November 15, 2010 celebrated its 90th anniversary.

For more information, please contact Jelena Jankovic at our Balkan Regional office.

Source: Serbian IPO; WIPO

October 20, 2010

Fake Nike Apparel Destroyed in Serbia

The representatives of the PETOŠEVIĆ office in Belgrade and the representatives of Delta Sport, the exclusive distributor of Nike in the Balkan region, have recently organized and witnessed the destruction of 1,704 textile products found to infringe the intellectual property rights of Nike.

On October 5, 2010, the counterfeit goods were taken to the city waste yard where they were destroyed by compaction and then covered with waste and soil.

Another destruction is planned in the near future. Namely, 3,910 pairs of counterfeit Nike sneakers will be destroyed at a city waste in Belgrade using a truck tire shredder.

The state market inspectorate representatives from the Ministry of Trade and Services discovered and seized the infringing goods in various outlets in Serbia.

You can see the photos of the destruction in our gallery.

According to the Serbian Customs website, on October 10, the Serbian customs officials and police discovered a warehouse in a suburb of Belgrade used for production of counterfeit Nike sneakers.

More than 6,500 pairs of sneakers, hundreds of thousands of fake Nike labels and seven machines used for sneaker production were found during the raid.

For more information, please contact Ivan Matic at our Balkan Regional Office.

Source: PETOŠEVIĆ; Serbian Customs

Serbia Accedes to Nice Agreement and Singapore Treaty

On September 17, 2010, Serbia deposited its instrument of accession to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The Agreement will enter into force in Serbia on December 17, 2010.

On August 19, 2010, Serbia deposited its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted in Singapore on March 27, 2006. The Treaty will enter into force in Serbia on November 19, 2010. Serbia ratified the Law on Ratification of the Singapore Treaty on the Law of Trademarks in May 2010.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: WIPO

August 24, 2010

Serbia to join EPO on October 1

On July 15, 2010, Serbia deposited its instrument of accession to the European Patent Convention (EPC) and will become the European Patent Organization’s (EPO) 38th member state on October 1, 2010.

Serbia will be designated as a Contracting State in European patent applications filed on or after October 1, but it will not be possible to designate Serbia retroactively in applications filed before that date. However, on European patent applications filed in September 2010, the EPO will be able to enter the filing date of October 1, 2010, upon the applicant’s request.

Serbian nationals and residents will also be able to file international applications under the Patent Co-operation Treaty (PCT) with the EPO from October 1.

It has been possible to extend European Patents to Serbia since November 1, 2004, after Serbia signed the Co-operation and Extension Agreement with the EPO. The extension agreement will terminate once the EPC enters into force.

On a different subject, the Strasbourg Agreement Concerning the International Patent Classification, also known as the IPC Agreement, establishing a common classification system, entered into force for Serbia, the 61st Contracting State, on July 15, 2010. The law ratifying the agreement entered into force in Serbia on June 10, 2009.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: EPO, Serbian IPO

Czech Arbitration Court Rules Against Serbian Underwear Producer in Domain Name Dispute

On August 11, 2010, the Czech Arbitration Court (CAC) ordered the domain name Bugattidoo.com to be transferred from the Serbian underwear producer Bugatti d.o.o. to F. W. Brinkman GmbH, the renowned German producer of clothing, footwear, leather products and accessories.

The German company, which initiated the legal proceedings, registered the Bugatti mark in 1978 in Germany, while the Bugatti brand became internationally known during the 1990s. The defendant was previously known as Dakota d.o.o. and changed its name to Bugatti d.o.o. in July 2006.

The defendant filed trademark applications to register the mark Bugatti in October 2009 and the mark Bugattidoo Underwear in July 2008 but both attempts were unsuccessful.

The plaintiff argued that it is commercially present on the Internet through the domain name Bugatti.de and that its Bugatti clothing brand has become well-known in many countries, including Serbia, long before the defendant’s registration of the infringing domain name in October 2006.

The CAC ruled that the disputed domain name is confusingly similar to the plaintiff’s trademark and that the defendant registered and used it in bad faith, i.e. to attract Internet users to its website for commercial gain.

The CAC provides dispute resolution for top-level domains such as .com. It was recently appointed as a Uniform Dispute Resolution Policy provider (UDRP) by ICANN.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: CAC, PETOSEVIC

Serbian Public Broadcaster to Pay EUR 1.3M to Copyright Protection Organization

On July 27, 2010, the Commercial Court in Belgrade issued a first instance verdict ordering the public broadcaster Radio Television of Serbia (RTS) to pay the Serbian copyright organization SOKOJ EUR 1,293,739 (USD 1,653,614) for broadcasting music without paying the royalties to the music composers.

SOKOJ has been involved in a long legal battle with RTS over the nonpayment of royalties. RTS is planning to appeal the court’s decision.

SOKOJ representative Milos Pejovic told the news agency BETA that this was the most important decision ever made in the field of copyright protection and that it makes it clear that the legislation in this area must be respected. Pejovic added that if the decision becomes final, RTS will have to pay SOKOJ nearly EUR 2,000,000 (USD 2,556,334) after the interest rates are added to the amount determined by the court.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Blic, BETA

August 03, 2010

Serbia Adopts New Trade Law

The Serbian parliament adopted a new Trade Law on July 28, 2010, which will enter into force on January 1, 2011. The new law is based on the free trade principle and is meant to prevent unfair competition while improving protection of consumers and goods on the Serbian market.

The new law requires that all retailers possess adequate customs documents, such as an invoice and a customs declaration, for the goods they wish to import and sell. Lack of such documents indicates that the goods might be counterfeit. Retailers also have to keep records of the purchase, the retail price and the transportation of goods, as it could serve as evidence of trademark use in cancellation actions.

If a retailer wants to appeal a trade inspector’s decision, the appeal cannot postpone the execution of the decision, which was previously possible.

According to the new law, all products must have a declaration with clearly indicated name, type, content and amount of product. The declaration can be in more than one language with the logo, trademark or bar code on it.

The new Trade Law improves the definition of unfair competition by stating that the sale of goods whose brand, shape or look and feel mislead consumers into believing that they are purchasing an original constitutes unfair competition.

For more information contact Tijana Lazic or Ivan Matic at our Balkan Regional Office.

July 21, 2010

Serbia Ratifies European Patent Convention

On May 26, 2010, the National Assembly of the Republic of Serbia adopted the Law on Ratification of the Convention on the Grant of European Patents, commonly known as the European Patent Convention (EPC). The law was published on June 17, 2010 in the Official Gazette of the Republic of Serbia, International Agreements, No. 5/2010 and came into force in Serbia on June 25, 2010.

By ratification of the EPC, Serbia has fulfilled basic conditions for becoming a full member of the European Patent Organization (EPO) and will achieve this status after depositing the instrument of ratification with the German Ministry of Foreign Affairs, which is expected in the near future.

It has been possible to extend European Patents to Serbia since November 1, 2004, after Serbia signed the Co-operation and Extension Agreement with the EPO. In June 2008, the Administrative Council of the EPO invited Serbia to accede to the EPC, which currently provides a uniform application procedure for individual inventors and companies seeking patent protection in up to 40 European countries – 37 contracting states and 3 extension states. Applicants can obtain patent protection in as many of the contracting and extension countries as they designate on the application.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

Serbia Adopts Five New IP Regulations

Further to the recently adopted laws – The Law on Trademarks, The Law on Protection of Topography of Integrated Circuits, The Law on Protection of Industrial Design, and The Law on Copyrights and Related Rights, which came into force on December 24, 2009, the Serbian government adopted five new regulations defining in more detail certain provisions related to the administrative procedures to be carried out before the Serbian Intellectual Property Office.

At its session on June 17, 2010, the Serbian government adopted two regulations that pertain to the trademark and industrial design application and registration procedures. Both regulations were published in the Official Gazette of the Republic of Serbia No. 43/2010 and entered into force on July 3, 2010.

At its session on June 24, 2010, the Serbian government adopted three regulations, two of them governing the registration of copyright works and one governing the registration of topography of integrated circuits. The three regulations were published in the Official Gazette No. 45/2010 and entered into force on July 11, 2010.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

Music Piracy Still Thriving in Serbia

Music piracy in Serbia is more subtle today than it was during the turbulent 1990s. Nonetheless, it is still widespread, it was concluded during a debate at the Media Center in Belgrade, on June 28, 2010.

According to Petar Janjatovic, music journalist and Dallas Records Serbia managing director, the entire music sales network is collapsing, with the number of shops selling genuine CDs rapidly decreasing. Janjatovic stated that today it is considered a miracle if a music artist releases 1,000 copies of a new album, while not too long ago it was considered usual to release or sell 40,000 copies.

Janjatovic also stated that the main music consumers are teenagers and people in their early twenties, who do not have the habit of going to the CD shops to purchase new music. Therefore, they keep downloading music off the Internet, which causes profit losses for musicians and highlights Serbia’s failure to regulate the online sale of music.

Vladimir Maricic, jazz musician and the Serbian copyright protection organization (SOKOJ) representative, stated that, unlike Serbia, the developed countries have a developed music market due to a legal system that regulates different methods of music sale. He added that for people in Serbia, living in severe poverty, piracy has become acceptable, while the legal system is incapable of curbing the intellectual property theft.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Blic

Serbia Ratifies Singapore Treaty on the Law of Trademarks

Serbia’s national assembly ratified the Law on Ratification of the Singapore Treaty on the Law of Trademarks at its session on May 26, 2010. The law was published in the Official Gazette, International Agreements, No. 5/2010 on June 17, 2010.

The Singapore Treaty will enter into force three months after Serbia deposits its instrument of ratification with the World Intellectual Property Organization (WIPO) Director General.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

June 23, 2010

Serbia to Get Cyrillic Domain by End of 2010

Serbia is expected to obtain the Cyrillic country code top-level domain (ccTLD) by the end of this year, according to the Serbian National Register of Internet Domain Names (RNIDS) website.

During the past month, Serbian citizens were able to vote for one of the four offered suggestions: .србија (Serbia), .сб (sb), .срб (srb) and .рсб (rsb). The voter turnout was high. The results are expected to be announced by the end of June. The extension that gets the highest number of votes will be submitted to the Internet Corporation for Assigned Names and Numbers (ICANN) for approval.

The Ministry of Telecommunications and Information Society and the RNIDS representatives, who are communicating with ICANN about the allocation of the new ccTLD, explained that the domain extension has to contain at least one character from the Serbian Cyrillic alphabet, providing it is different from any character in the Latin script.

Domain names in non-Latin scripts have already been launched in Russia, Egypt, Saudi Arabia and the United Arab Emirates.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: RNIDS

7,000 Pairs of Fake Nike Sneakers Destroyed in Serbia

On June 2, 2010, the Serbian customs officials and representatives of the PETOSEVIC office in Belgrade organized and witnessed the destruction of 7,428 pairs of sneakers and 34,000 rubber labels found to infringe the intellectual property rights of Nike.

The counterfeit items were fed through a truck tire shredder at a city waste yard. Also present at the destruction were the representatives of Nike and Delta Sport, the exclusive distributor of Nike and other leading sports brands in the region.

The infringing goods originated in China and were imported by two local firms. The goods were seized on the border crossing Batrovci between Serbia and Croatia.

You can see the photos of the destruction in our gallery.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: PETOSEVIC

Music Industry Piracy Roundtable in Serbia

On May 27, 2010, a roundtable on piracy in the music industry was held at the Serbian Intellectual Property Office’s recently opened center for intellectual property information and education.

The participants said that Serbia has adequate IP legislation, harmonized with EU regulations, and that state authorities have a legal basis to act decisively in suppressing piracy. The participants also stated that an additional training of judges in this field is needed, as well as a stronger cooperation among government bodies having the authority in the area of intellectual property rights protection.

The participants emphasized that piracy can only be suppressed by joint efforts of state authorities and the private sector, which is directly affected by piracy, and underlined the fact that reducing piracy by just one percent opens up the possibility of 1200 new jobs.

Mikailo Tijanic, the head the Serbia’s Ministry of Interior’s Department for the Suppression of IP Crime, stated that Serbia, with the 70 percent piracy rate and the downward trend in the last few years, is approaching the piracy rates of some EU countries.

Vlado Georgijev, one of the most popular singers in Serbia, who was also present at the roundtable, mentioned that pirated disks are often sold in legal shops and that broadcasters emit music using illegal discs and MP3 files downloaded from the illegal servers.

This roundtable was the first in a series of events that the center for IP information and education is planning to organize in order to educate the public and raise awareness about the importance of IP protection.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian IPO

May 24, 2010

Serbian Customs Seize Counterfeit Watches, Cell Phones

On April 26, 2010, the customs officials at the airport Nikola Tesla in Serbia’s capital Belgrade discovered counterfeit watches and cell phones bearing well-known brand names worth EUR 2,483 (USD 3198).

The X-ray examination of luggage arriving from Moscow via Hong Kong revealed counterfeit watches bearing Breitling, Ferrari, Hublot, Emporio Armani and Grand Carrera marks as well as counterfeit mobile phones bearing the marks of Vertu Ferrari, Vertu Lamborghini and Nokia.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

April 26, 2010

New Law on Geographical Indications in Serbia Explained

In the last issue we reported that the new Law on Geographical Indications entered into force in Serbia on April 3, 2010, replacing the Law on Geographical Indications of the former State Union of Serbia and Montenegro of May 20, 2006.

An important novelty is the possibility to appeal IPO decisions before the government, which will decide in the second instance. The Administrative Court rules in the last instance. According to the previous law, the IPO’s first-instance administrative decisions were final and the parties could initiate only administrative disputes before the court. The interested parties are now entitled to file an appeal within 15 days from the date of receipt of the first instance IPO decision.

Both the new and the old law define appellation of origin as a “geographical name of a country, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors and production, processing and preparation of which take place in the defined geographical area”. Nevertheless, the new law allows that certain geographical designations are treated as appellations of origin in case the raw materials for the products in question come from a geographical area larger than or different from the processing area, provided that: the production area of the raw materials is defined, the special conditions for the production of the raw materials exist and the inspection arrangements are made to ensure that the special conditions for the production of the raw materials have been met.

The old law requested that the production, processing and preparation should take place in a defined geographical area only for the appellations of origin, while the new law prescribes this condition for both the appellations of origin and the geographical indications.

Concerning the names that cannot be protected as indications of geographical origin, the new law adds special condition with respect to the names of registered plant varieties and animal breeds. Namely, these names cannot be protected as the indications of geographical origin in cases where such protection may cause confusion on the market. In addition, the new law prescribes that an indication of geographical origin cannot be used to protect a name that is identical or confusingly similar to a prior trademark registration, in case there is risk of creating confusion on the market, taking into the account the reputation and the period of use of such trademark registration.

The new law prescribes that the registered user, or the applicant seeking the recognition of the status of the registered user for agricultural products and foodstuffs, is entitled to file an application for registration of a Community Indication of Geographical Origin under the relevant EU regulations.

The Community application is also (apart from the grounds also foreseen by the old law: procedure before the Court/Customs/Inspectorate Authorities; international application) considered as a ground for examination of the national base application in an expedited procedure.

The new law explicitly prescribes that the provisions concerning substantive examination procedure do not apply to the procedure concerning the applications filed under the Lisbon Agreement (international applications).

According to the new Law, preliminary injunction can be filed before the lawsuit, provided that the lawsuit is filed within 30 days from the date the court issues the decision on the preliminary injunction. The former law prescribed a shorter deadline of 15 days.

For more information, please contact Predrag Anokic at our Balkan Regional Office.

Serbian Customs: 1.5 Million Items Waiting to be Destroyed

The Serbian Customs Administration has recently pointed out that there are around 1.5 million seized, counterfeit items that have accumulated in Customs’ warehouses over the last few years which fulfill legal requirements to be destroyed.

Million pairs of sneakers are currently waiting to be destroyed, as well as 320,000 clothing items, 104,000 perfumes and cosmetic products, 42,000 toys, 5600 car parts, 44,000 mobile phone parts and accessories, 12,300 eyeglasses and 22,600 lighters.

In the last few years, the Serbian Customs have been actively making seizures under the provisions for the enforcement of intellectual property rights contained in the Customs Law that came into force on January 1, 2004. Since then, the customs authorities have interrupted the import, export or the transit of goods through Serbia around 5,000 times; on 142 occasions in the first three months of this year alone.

Twelve destructions of counterfeit goods have taken place since 2006, during which a total of 62,000 pairs of athletic shoes, 9650 kg of textile goods, 2400 kg of non-precious jewelry and 457 car parts were destroyed.

The most prevalent counterfeit goods are athletic shoes, apparel, cosmetic products, perfumes, cell phone parts and accessories and car parts.

The most commonly copied car parts bear the marks of Toyota, Honda, Renault, Fiat and Opel, while the clothing items bear the marks of Nike, Reebok, Puma, Adidas and Prada.

An increase in counterfeit children’s toys was noted in 2009, particularly counterfeit notebook stickers bearing Barbie and Disney labels and toy cars and trucks bearing the marks of Honda, BMW and Toyota.

For more information, please contact Jelena Jankovic at our Balkan Regional Office.

Source: Serbian Customs

March 31, 2010

New Law on Geographical Indications in Serbia

The new Law on Geographical Indications was published in the Official Gazette of the Republic of Serbia on March 26, 2010 and it will enter into force eight days after its publication, on April 3, 2010.

The new Law will replace the existing Law on Geographical Indications, which entered into force on May 20, 2006 as the law of the former State Union of Serbia and Montenegro.

More details are to follow.

For more information, please contact Mihajlo Zatezalo at our Balkan Regional Office.

Source: PETOSEVIC

March 30, 2010

New Trademark, Industrial Design and Copyright Laws in Serbia Explained

The new Trademark Law entered into force in Serbia on December 24, 2009, along with three other intellectual property laws: The Law on Protection of Topography of Integrated Circuits, The Law on Protection of Industrial Design, and The Law on Copyrights and Related Rights.

The four new laws aim to bring Serbian IP legislation in line with the laws of the European Union while also establishing legal framework for certain intellectual property office (IPO) practices that were not formally regulated by the previous law.

The new Trademark Law replaced the old Law on Trademarks of the State Union of Serbia and Montenegro, which entered into force on January 1, 2005.

Here are the highlights:

An important novelty incorporated into the new Trademark Law is the possibility to appeal IPO decisions.

Prior to the new law, the IPO decisions were final. The only option was to file an administrative court procedure before the Serbian Supreme Court.

According to the new law, an Appeal Board will be created and interested parties will have 15 days to file their appeals following the IPO decision.

The Serbian Supreme Court will remain as the last possible resort for IP rights holders who will have 30 days to appeal the decision brought down by the new Appeal Board.

The above-mentioned novelty also applies to the Law on Protection of Industrial Design.

According to the new law, persons entitled to protection within Article 6bis of the Paris Convention for Protection of Industrial Property (well-known marks), can exercise their rights before the national IPO, while the previous trademark law directed them to the courts. Namely, the IPO is now responsible for resolving matters concerning those trademarks that have been registered despite the existence of a well-known mark on the Serbian market.

Even though it has been a common IPO practice before the new Law entered into force, the new Law now explicitly stipulates that a mark can be registered based on a written consent signed by the rights holder of the prior confusingly similar (not identical) trademark. The IPO will however retain a discretionary right to reject the registration of two highly similar marks, disregarding the written consent, so as to avoid confusion among consumers. The new Law also prescribes that the IPO may refuse to record an assignment in cases where such assignment could create confusion on the market as to the origin, type, quality or other characteristics of the goods and/or services.

Although previously a common practice, now the law explicitly stipulates that the reclassification of the list of goods/services is allowed during the application process.

Under the new law, the customs authorities are entitled to request the expedited examination of a trademark application. The previous Law gave such authorization only to the courts and the inspectorate authorities. The same also applies to the Law on Protection of Industrial Design.

Although this has been a practice of the IPO, now the new law explicitly regulates that during an examination of a trademark application, the IPO can consider third-party objections, i.e, observation letters, but the third-party will not be considered a part in the proceedings. This action was previously exercised under the provisions of the Law on General Administrative Procedure. Now, it is included in the Trademark Law.

According to the previous law, if a right holder failed to timely renew a trademark, he/she had the right to file for the same trademark within one year after the renewal deadline has expired and, in making its decision, the IPO would not take into consideration any prior confusingly similar or identical marks filed by a third party within the time that the renewal deadline expired and the new application was filed. The new law excludes this provision. In other words, now, in cases where a mark was not renewed, the holder has the right to file a new identical trademark application, but the IPO will cite all confusingly similar filings or registrations recorded in the period between the time that the renewal deadline has expired and the new application was filed.

The new law left out a provision that previously allowed the continuation of a trademark cancellation procedure ex officio if the plaintiff withdraws from the cancellation procedure.

According the new law, preliminary injunction is allowed, provided that the lawsuit is filed within 30 days from the date the court issues the decision on the preliminary injunction. The former law prescribed a shorter deadline of 15 days. This also applies to the Law on Protection of Industrial Design.

The new Law on Legal Protection of Industrial Design replaced the previous law that entered into force on January 1, 2005.

The new law introduces different terminology, i.e. the term “industrial design”, instead of the previous term “right to a design.” The introduction of the term “industrial design” will help distinguish more clearly between the designs intended for industrial production, and designs with solely aesthetic characteristics.

The Law on Copyrights and Related Rights replaced the law that entered into force on December 24, 2004. The most important changes are introduced in relation to collective exercise of copyright and related rights.

Regarding the exercise of copyrights and related rights, the new Law prescribes that any holder of the copyright or related right is authorized to exercise his/her right either individually or collectively except in cases when the collective exercise through a collective organization is obligatory.

According to the new law, copyright collectives will no longer be able to determine their fees unilaterally. Instead, copyright collectives will have to negotiate the fees with the association representing the users of author’s rights or individual users. It was decided that such solution is more just because it takes into consideration the financial situation of the users of authors’ rights.

Should copyright collectives and users of authors rights fail to reach an agreement on the fees, a new body – the Commission for Copyright and Related Rights – will recommend the fees.

The law more comprehensively deals with collective organizations. It requires that collective organizations register in the Register of Associations instead of the Companies Register, citing less formal requirements for the establishment of a collective organization. The new law requires collective organizations to inform the public and the users of authors’ rights about aspects of its work.

The new also proposes that Serbia implements a widely accepted practice throughout Europe of exempting citizens with special needs from having to pay for or require authorization when copying or publishing learning aids necessary for their special needs, in case these learning aids do not exist in an adequate medium to be used by people with disabilities.

Regarding the author’s right to remuneration, the novelty incorporated into the new law is the new list of persons obligated to pay the remuneration to the author, including producers of devices for the sound and visual recording and the producers of blank CDs.

The new law also introduces the Author’s Priority Right of Modification of a Work of Architecture. When the owner of a building intends to make certain alterations to the building, he/she is required to first contact the architect and offer the right to make alterations to such architect first.

The implementing regulations are expected to be passed by April 24, 2010, as the law prescribes that they are passed within four months from the date the Law enters into force.

For more information, please contact Predrag Anokic or Tijana Lazic in our Balkan Regional Office.

Source: Serbian IPO, PETOSEVIC

.YU Domain Officially Expires in Serbia

The .YU domain, originally assigned to the former Yugoslavia in 1989, officially expired in Serbia at noon on March 30, 2010, following the Internet Corporation for Assigned Names and Numbers’ (ICANN) deadline.  

The websites of the remaining 4,000 .YU users are down and the instructions on how to switch to .RS are located on the Serbian National Register of Internet Domain Names (RNIDS) website.

The .YU domain continued to exist even after the county broke apart and lasted until March 10, 2008 when the new national .RS domain officially began to replace it. So far 55,600 users have switched domains and it is expected that the remaining 4,000 will soon be using .RS as well.

For more information, please contact Masa Lopicic in our Balkan Regional Office.

Source: b92.net

CISAC Urges Serbian Public Broadcaster to Respect Copyright Law

The International Confederation of Societies of Authors and Composers (CISAC), based in Paris, France, has written to Serbian top officials urging the public broadcaster Radio Television of Serbia (RTS) to respect the Copyright Law and pay royalties to musicians whose music it continues to illegally broadcast.

In a letter to Serbia’s President Boris Tadic, Prime Minister Mirko Cvetkovic and the head of RTS Aleksandar Tijanic, the president of CISAC Robin Gibbs stated that RTS keeps broadcasting music even though it has not signed a license agreement with the Serbian copyright protection organization SOKOJ.

“During my long career as a musician, member of the Bee Geez and CISAC president, I have never seen a state broadcaster that shows such shocking disregard for its undisputed obligations concerning the use of copyrighted material,” Gibbs stated in his letter from November 2009.

Serbian news agency Beta reported on February 25, 2010 that the director of SOKOJ Aleksandar Kovacevic stated at a recent press conference that SOKOJ has been involved in a three-year-long legal battle with RTS over the nonpayment of royalties and that the total debt of the broadcaster amounts to EUR 3 million (USD 4.1 million).

Tijanic claims that in 2006 SOKOJ single-handedly terminated its contract with RTS while introducing new, five times higher copyright rates.

“We cannot pay the same rates as the commercial media that broadcast only folk music, because the law obliges us to also broadcast classical music, native music, jazz and children’s choirs. This is why the court case has been going on for three years, because they have not agreed to find a solution. They refuse to determine how much (of their) music we broadcast and that’s where the problem lies,” argued Tijanic.

For more information, please contact Jelena Jankovic in our Balkan Regional Office.

Source: Blic-Beta

Serbia and Ukraine Ink Customs Cooperation Agreement

On March 4, 2010, Serbia signed an agreement to cooperate on customs matters with Ukraine, its very important foreign trade partner.

The main purpose of the agreement is to ensure mutual assistance in the prevention of imports of counterfeits, investigation that follows, as well as monitoring of currency and trade violations, and promoting the exchange of information that will help suppress smuggling.

The agreement also aims at the mutual harmonization of customs procedures and regulations, improvement of customs techniques and resolution of problems related to the implementation of customs legislation.

Predrag Petronijevic, the director of Customs Administration, signed the agreement on behalf of the Serbian government, and Igor Pikovski, first deputy chairman of the State Customs Service of Ukraine, signed the agreement on behalf of the Ukrainian government.

For more information, please contact Jelena Jankovic in our Balkan Regional Office.

Source: Serbian Customs

Switzerland Helps Serbia Improve System of Protection of Geographical Indications

On February 22, 2010, the Serbian and Swiss officials signed a Memorandum of understanding with an aim to improve the Serbian system of protection of geographical indications through the Project of technical assistance to Serbia, which the Swiss government financed with USD 740,000 (EUR 538,000).

Serbian Deputy Prime Minister for European Integration and Minister of Science and Technological Development Bozidar Djelic underlined that this project will help Serbia’s European integration and promote it as a country that produces not only raw materials but also finished products.

State Secretary of the Swiss Ministry of Foreign Affairs Michael Ambuhl explained that the cooperation will not only help place Serbian traditional specialties on the European market, but also contribute to Serbia’s quicker accession into the World Trade Organization.

The implementation of the project will last for three years.

For more information, please contact Jelena Jankovic in our Balkan Regional Office.

Source: Serbian IPO

Serbian IP Gazette Now in Electronic Form

The Serbian Intellectual Property Office (IPO) Intellectual Property Gazette, published six times a year, is now available in electronic form on the official website of Serbian IPO.

The Gazette contains information on patent applications, granted patents, petty patents, requests for the extension of European Patent Applications, supplementary protection certificates, as well as information on all registered trademarks, designs and geographic indications.

Most of the Gazette’s content is bilingual, in Serbian and English. It can be downloaded in the PDF format on this web page.

For more information, please contact Jelena Jankovic in our Balkan Regional Office.

Source: Serbian IPO

February 23, 2010

Serbian IPO Opens Center for IP Information and Education

On January 29, 2010, the Serbian Intellectual Property Office opened a center for intellectual property information and education, supported by the EU’s Instrument for Pre-Accession (IPA) funds and the European Patent Office (EPO).

According to the Serbian IPO, the aim of the center will be to assist in the overall development of the national IP system and in raising public awareness and understanding of IP and its significance. The center’s training programs will address the needs of all the key players in IP protection in Serbia: companies (including small and medium enterprises), research institutes, courts, police, inspectorates, customs, media, legal entities, as well as the general public. All educational programs will be developed with the help of foreign experts and customized to the needs of each specific group of users.

The IPO is currently conducting training of those who will be employed at the center. The work is also being done on furnishing and equipping the center’s premises and on developing the database for its users.

The center is located on the premises of the Serbian IPO. The three-year project’s value amounts to EUR 2.2 million (USD 3 million).

For more information, please contact Jelena Jankovic in our Balkan Regional Office.

Source: Serbian IPO

December 22, 2009

Four New Laws to Enter into Force in Serbia by the New Year

According to the Official Gazette No. 104, four intellectual property laws have been passed in Serbia and they will enter into force on December 24, 2009.

The laws that will enter into force are:

• The Trademark law
• The Law on Protection of Topography of Integrated Circuits
• The Law on Legal Protection of Industrial Design
• The Law on Copyrights and Related Rights

For more information, please contact Mihajlo Zatezalo in our Balkan Regional Office.

Source: Serbian PTO’s Official Gazette No. 104

November 24, 2009

Serbian Customs Seize Pirated ”The Lost Symbol” Book Covers

During a regular inspection at the Horgos border crossing with Hungary on October 27, 2009, the Serbian customs officials discovered 1,500 book covers of Dan Brown’s latest bestseller “The Lost Symbol” believed to be pirated.

The book covers with impressed barcodes were found in a vehicle with Serbian license plates. The authorities have launched a procedure to verify the authenticity of the goods seized.

For more information, please contact Jelena Jankovic in our Balkan Regional Office

September 25, 2009

Serbian Government Adopts the Draft Law on Copyright and Neighboring Rights

On September 3, 2009 the Serbian government adopted the Draft Law on Copyright and Neighboring Rights during its general assembly.

At a press conference after the assembly, Deputy Prime Minister Bozidar Djelic said that it is prime time for Serbia to adopt a law that clearly defines what constitutes copyright infringement, simultaneously imposing higher nominal fines ranging from 500 to 10,000 EUR (from USD 734 to USD 14,700).

Additionally, the Draft Law proposes a balanced share of profits between the creator and the manufacturer, (for instance between a writer and publisher), securing a 50% royalty for authors, inventors, composers, etc.

“Creative people will finally be able to get a fair remuneration for their work, and no lobby, no matter how strong, will be able to stop them,” said Djelic for the daily newspaper Blic.

According to Blic, the Draft Law also proposes that Serbia implements a widely accepted practice throughout Europe of exempting citizens with special needs from having to pay for or require authorization when copying or publishing learning aids necessary for their special needs.

The Draft Law on Copyright and Neighboring Rights was created in consultation with the legal experts and according to European standards. Djelic said there should be no obstacles in passing the Draft Law. We were unable to obtain information about when the Draft Law will be up for discussion.

For more information, please contact Masa Lopicic in our Balkan Regional Office.

Seminar on Copyright and Neighboring Rights Held in Serbia

The Serbian Chamber of Commerce hosted a two-day National Seminar on Copyright and Neighboring Rights on September 15 and 16, 2009, in order to raise public awareness about intellectual property and its economic and social significance for Serbia’s ongoing development.

The Serbian Intellectual Property Office and the World Intellectual Property Organization (WIPO) organized the seminar, together with the International Confederation of Authors and Composers Societies (CISAC), based in Paris, France, and the International Federation of Reproduction Rights Organizations (IFRRO), based in Brussels, Belgium.

The main objective of the seminar was to inform and educate the attendees about Serbia’s Draft Law on Copyright and Neighboring Rights while emphasizing its effects on artists, manufacturers, as well as economic entities who use copyrighted works daily.

For more information, please contact Masa Lopicic in our Balkan Regional Office.

August 19, 2009

Serbian Court Issues Prison Sentence for Sony PlayStation Copyright Infringement

The Municipal Court of Nis, a town in southern Serbia, has recently issued a three-month prison sentence and a nominal fine of approximately EUR 55 (USD 78) to an individual found to have infringed the Sony PlayStation copyright.

According to the court decision issued on May 12, 2009, the infringer sold the following pirated PlayStation games: Burnout: Revenge, Crash Tag Team Racing, FIFA Street 2, James Bond 007: NightFire, Medal of Honor: European Assault, Rainbow Six, Rayman Raving Rabbids, Resident Evil 4, Splinter Cell: Double Agent, and Spyro the Dragon.

The infringer also sold the following pirated films: A Little Princess, Aladdin, Cinderella, Happy Feet, Hoodwinked, Madagascar, Monster House, Pinocchio, Shrek, Shrek 2, the Simpsons, Sleeping Beauty, Speed Racer, Spiderman, Stuart Little 2, Thumbelina, Tokyo Godfathers, Tom and Jerry, Wallace and Gromit, The Adventures of Moby Dick, The Little Mermaid, The Mask of Zorro, and The Three Musketeers.

The pirated video games and films were sold for approximately EUR 1 (USD 1.42) per disc without the permission of local authorized distributors ComputerLand, First Production, Millennium Film & Video, and Tuck Vision.

The pirated items were confiscated and will be destroyed.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.

Serbian Draft Law on Geographical Indications Up for Discussion

A public discussion on the Serbian draft Law on Geographical Indications began on July 22, 2009 and will last until August 28, 2009.

The draft law is intended to harmonize Serbian IP legislation with relevant international and European regulations, namely the TRIPS Agreement, the Madrid Agreement and the Lisbon Agreement.

Unlike the existing law, the draft law incorporates European Union provisions that allow protection of goods made from raw materials outside of the processing region. Protection in such a case will be granted only if all of the following conditions are met:

1. The geographical indication must preserve cultural traditions and has to be well known;
2. The region of production of raw materials must be clearly defined;
3. Special conditions for the production of raw materials must exist;
4. A system of inspection must be in place to ensure the quality control of the production of raw materials.

The quality control of agricultural and food products is to be conducted by administrative bodies authorized by relevant ministries.

The draft law also allows owners of registered geographical indications to seek approval for changing or amending the special characteristics of their products. They can do so if changes and/or amendments are the result of scientific and technical achievements, or when changes and/or amendments are the result of new sanitary regulations.

Such changes and/or amendments can be approved only if they do not alter the basic physical and chemical qualities of the product.

The draft law will replace the existing Law on Geographical Indications, which entered into force on May 20, 2006 as the law of the former State Union of Serbia and Montenegro.

All interested parties can send their comments and suggestions to members of the discussion working group: Ms. Mirela Boskovic and Mr. Zoran Dragojevic of the Serbian Intellectual Property Office, and to Mr. Branislav Raketic of the Serbian Ministry of Agriculture, Forestry and Water Management.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.

Serbian IPO Posts Procedures for Patent Searches and Examination

On August 4, 2009, the Serbian Intellectual Property Office posted on its website the procedures for patent searches and examination.

The procedures were written by Patrick Vermeesch, a registered European Patent Office (EPO) consultant, as part of an EU-funded CARDS program, aiming to harmonize the practices of the Serbian IPO with European and international practices.

The procedures are not legally binding and merely present useful guidelines for patent examiners and professionals, research institutes, universities and inventor associations.

The document outlines requirements for patent applications in Serbia, scope of protection, international precedence, and cases exempt from protection.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.

July 21, 2009

Serbian IPO Adopts Guidelines for Incomplete Applications

On June 25, 2009, the Serbian Intellectual Property Office adopted guidelines for handling incomplete applications.

If submitted applications are incomplete in a way that prevents further processing, the IPO will set a deadline for correction, and will inform the applicant. The IPO will also make an appropriate note in the application file. If the applicant fails to make correction within the set deadline, the IPO will reject the application.

Should the applicant insist that the clerk’s office accepts the application even though the application was incomplete, the clerk’s office is obligated to receive the application, stamp it as received, and pass the application for further processing.

If an application is incomplete because the administrative fees were not paid, the IPO will only recognize the following documents as a proof that administrative fees have been paid:

1. If the payment is made in cash, the applicant should submit either the original payment receipt paid through the post office or a bank, or the carbon copy of the invoice if it is legible (i.e. if the information about the beneficiary, purpose of payment, number of file, date and stamp of the post office or bank is readable). Certified copies of the invoice are also acceptable.

2. If the fee is paid by money order, the applicant should submit a certified bank or post office statement confirming the transaction.

3. If the fee is paid by electronic transfer, the applicant needs to submit a certified bank or post office statement confirming the payment. Alternatively, the applicant can submit a certified copy of the SWIFT message MT 103, together with the file number and purpose of payment.

In case the applicant pays fees for several applications at once, the invoice should contain a list of all application numbers, fee amounts and the purpose of payment. As a proof of payment, the applicant should also submit a bank or post office statement, or a certified copy of the SWIFT message.

The guidelines entered into force on June 26, 2009.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.

June 25, 2009

Serbia Ratifies Several International IP Agreements

The Serbian parliament has recently ratified three international agreements on intellectual property.

These agreements are the following:

1. Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted on July 2, 1999;
2. Strasbourg Agreement Concerning the International Patent Classification of
   March 24, 1971, and as amended on September 28, 1979;
3. Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks of June 12, 1973, and as amended on October 1, 1985.

The three laws that ratify these international agreements entered into force in Serbia on June 10, 2009.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.

Macedonia and Serbia Gear up for National IP Strategies

The Macedonian and Serbian intellectual property offices have recently held separate discussions about their national strategies for intellectual property.

The Serbian IPO organized a meeting on June 15, 2009, while the Macedonian IPO held three workshops on May 26, 2009. Both events were organized in cooperation with the World Intellectual Property Organization (WIPO), and gathered relevant state officials, local and international IP experts.

The discussions focused on priority steps to be taken in drafting of national strategies, as well as on key institutions that should take part in the drafting of national strategies.

Workshop conclusions in Macedonia will be further discussed at the next meeting, which will take place in July and which is intended to finalize the national strategy.

On the occasion of drafting the national strategy for Macedonia, European IP expert Ron Marchant paid a visit to the Macedonian IPO to provide expert opinion and discuss relevant issues with Macedonian IP officials and experts.

Marchant also attended the meeting in Serbia where he addressed participants. Other speakers at this meeting included Milos Nedeljkovic, state secretary in the Serbian Ministry of Science and Technological Development, Michal Svantner, WIPO’s Senior Counselor, and Branka Totic, head of the Serbian IPO.

For more information, please contact Tatjana Nakevska in our Macedonia Office, and Jovana Miocinovic in our Balkan Regional Office.

May 12, 2009

Serbian Draft Laws on Copyrights, Industrial Designs and Integrated Circuit Topographies Up for Discussion

Public discussions on Serbian draft laws on copyrights and industrial designs are taking place between April 29 and May 15, 2009.

The public discussion on the draft law on integrated circuit topographies is taking place between May 6 and May 20, 2009.

Officials of the Serbian Intellectual Property Office have invited all interested parties to attend public discussions.

The three draft laws intend to bring Serbian IP legislation in line with the international and European regulations, namely the TRIPS Agreement, the Geneva Act of the Hague Agreement, and various EU directives.

The draft Law on Copyright and Related Rights is to replace the existing law that entered into force on December 24, 2004. The most important changes are introduced in relation to collective exercise of copyright and related rights.

According to the draft law, copyright collectives will no longer be able to determine the fees unilaterally. Instead, they will have to negotiate the fees with licensees. It was decided that such a solution is more just because it takes into consideration licensees’ financial situation.

In case copyright collectives and licensees fail to reach an agreement on the fees, a new body – the Commission for Copyright and Related Rights – will recommend the fees.

The draft Law on Industrial Designs will replace the existing one that entered into force on January 1, 2005. The draft law introduces the term “industrial design”, instead of the previous term “right to a design.”

The introduction of the term “industrial design” will help distinguish more clearly between the designs intended for industrial production, and designs with solely aesthetic characteristics.

Another important novelty concerns the introduction of the right to appeal. The existing law does not stipulate the right to appeal first-instance administrative acts of the Serbian IPO. This means that, until now, the parties could initiate only administrative disputes against such acts.

The draft Law on Integrated Circuit Topographies will replace the existing law that came into force on January 1, 2005.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

EU Extends Customs and Tax Assistance Project in Western Balkans

European Union’s project called Technical Assistance to Customs and Tax Administrations (TACTA) for the West Balkan countries has recently been extended until the end of August 2009.

The project, which officially started on April 4, 2008, is led by the Italian Customs and is funded by the European Commission.

As explained by TACTA Project Director Natalina Cea, the general objectives of the project are: to harmonize the customs and tax legislation and procedures with those in the EU; to establish well functioning and accountable customs and tax administrations, and to strengthen and modernize the national enforcement of customs legislation and procedures; to support legal trade; to enhance institutional capacity of beneficiary countries; and to promote regional cooperation.

TACTA teams and work plans were set up for each beneficiary country. The team leaders and staff implementing this project comprise customs and tax experts, who closely cooperate with national customs and tax administrations, and provide them with the necessary IT and expert support, such as study visits, training, workshops and seminars.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

Serbia to Establish Center for IP Information and Education

The Serbian Intellectual Property Office has recently launched a project for the opening of a center for information and education in the field of intellectual property, in cooperation with the European Commission and the European Patent Office (EPO).

According to the Serbian officials, the aim of the center will be to assist the IPO in raising general public awareness with respect to intellectual property and in developing professional capacities in the field of intellectual property.

Another goal of the center will be to help Serbia achieve the required level of intellectual property protection before joining the European Union. In that respect, the center will provide IP-related workshops and training.

The center will be located on the premises of the Serbian IPO, while the project is entirely financed by the European Commission and EPO. The project will last three years and it will be carried out in two phases:

1. Establishment of the Center for IP Information and Education;
2. Launch of Center’s activities.

Besides financial help, the European Commission and the EPO will also handle the logistics. Namely, they will provide the qualified individuals to hold IP workshops, as well as the necessary IT.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

March 17, 2009

Serbian Draft Law on Trademarks Up for Public Discussion

On March 6, 2009, head of the Serbian Intellectual Property Office, Branka Totic, invited IP professionals to contribute their comments, suggestions and proposals regarding the Serbian Draft Law on Trademarks.

The Office will organize a roundtable discussion at its premises in Belgrade in late March, as part of the public discussion on the Draft Law on Trademarks.

One of the main aims of the draft law is to eliminate the drawbacks and ambiguities of the previous law, and to harmonize the Serbian intellectual property legislation with that of the European Union.

The draft law will replace the old Law on Trademarks of the State Union of Serbia and Montenegro, which entered into force on January 1, 2005.

For more information, please contact Predrag Anokic or Mihajlo Zatezalo in our Balkan Regional Office.

October 27, 2008

Serbia invited to join European Patent Convention

The Administrative Council of the European Patent Organization has invited the Republic of Serbia to accede to the European Patent Convention (EPC).

The invitation, which the Administrative Council issued on June 19, 2008, recognized Serbia’s efforts to bring its patent laws into line with European and international standards.

The EPC currently has 34 member states and provides a uniform application procedure for individual inventors and companies seeking patent protection in up to 38 European countries.

For more information, please contact Ms. Judith Goeke in our Balkan Regional Office.

October 14, 2008

15,000 Pairs of Fake NIKE Shoes Destroyed in Belgrade, Serbia

On September 19, 2008, members of SD PETOSEVIC office in Belgrade along with Petar Tadić, the Chief of Serbia’s Intellectual Property Protection Customs department, and members of the media, witnessed the destruction of 15,000 pairs of counterfeit sport shoes at a city waste yard.

The shoes, packed in cardboard cartons that took up an entire truck semi-trailer, were fed through a shredder which reduced the shoes to scraps no larger than 10x10 centimeters (around 4x4 inches).

The smuggled shoes came from China and entered the region via a common smuggling route. The Serbian Commercial Court ordered that the shoes be confiscated and destroyed.

You can see the photos of the destruction in our gallery.

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:

Ms. Kathryn Szymczyk, Esq.

SD PETOSEVIC
Vele Nigrinove 16a
11000 Belgrade
Serbia and Montenegro

T. +381 11 2836 809 / 810 / 890
F. +381 11 2836 817 / 818

See photos from our opening reception

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.