Serbia News Archives
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:
- The geographical indication must preserve cultural traditions and has to be well known;
- The region of production of raw materials must be clearly defined;
- Special conditions for the production of raw materials must exist;
- 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:
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.
If the fee is paid by money order, the applicant should submit a certified bank or post office statement confirming the transaction.
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:
- Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted on July 2, 1999;
- Strasbourg Agreement Concerning the International Patent Classification of
March 24, 1971, and as amended on September 28, 1979; - 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:
- Establishment of the Center for IP Information and Education;
- 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:
SD PETOSEVIC Vele Nigrinove 16a 11000 Belgrade Serbia and Montenegro T. +381 11 2836 809 / 810 / 890 F. +381 11 2836 817 / 818
September 10, 2005
Kathryn Szymczyk joins SD PETOSEVIC Balkan Regional Office in Serbia
We are pleased to announce that Kathryn Szymczyk has joined SD PETOSEVIC as Head of the Balkan Regional Office in Belgrade.
Ms. Szymczyk will lead strategic development and coordinate SD PETOSEVIC offices throughout the Balkan countries, including Serbia & Montenegro, Croatia, Romania, Bulgaria, Bosnia & Herzegovina, Macedonia and Albania. She will also act as the regional liaison for all clients seeking advice in the Balkans.
Ms. Szymczyk, a member of the bar in Canada, was previously at Gowlings where she was head of the Moscow representative office and managed and coordinated all aspects of the firm’s intellectual property practice in Russia. She was also with Gowlings in Ottawa and Toronto offices where her practice concentrated on counseling clients and handling domestic and international trademark matters.
Ms. Szymczyk joined SD PETOSEVIC on September 1, 2005.
For more information, please contact our Serbia & Montenegro representative.
April 15, 2005
Serbia and Montenegro Court Orders Destruction of Over 12,000 Pairs of Counterfeit NIKE Sneakers
On April 7, 2005, the Commercial Court in Belgrade, Serbia and Montenegro ruled in the first anti-counterfeiting matter since the Intellectual Property Rights division of the Serbian Customs was formed last year.
The court ordered destruction of 12,780 pairs of counterfeit NIKE sneakers imported from China by a Serbian company that is being linked with and/or may have its origins in China. In addition, the same judgment explicitly bars the defendant from any further violation of intellectual property rights of the famous manufacturer.
SD PETOSEVIC Belgrade office lawyers, acting on behalf of the plaintiff in this case, believe this is only the first in a long series of decisions that will follow in an effort to minimize the quantity of counterfeit goods on the market of Serbia and Montenegro.
Among other factors, the preparation for candidature of Serbia and Montenegro for entry into the European Union played an important role in a significant increase of efficiency demonstrated by the Serbian Customs and courts.
For further information about the decision, please contact our Serbia & Montenegro representative.
March 16, 2005
New Serbian & Montenegrin Trademark Law effective January 1, 2005
Various revisions have been made to Serbian & Montenegrin Trademark Law, in accordance with TRIPS, European Community legislation (1993 and 1998 Regulations), and the WIPO joint resolution on well-known marks. These revisions are effective from January 1, 2005.
The most notable points, some of which clarify the old law, are as follows:
Introduction of Certification trademarks, described as a form of Collective mark.
The legal conditions required must be met at the grant of a trademark, not at the date of application.
Parts of a trademark may be disclaimed.
A trademark application or registration can be divided.
Exhaustion of Rights is henceforth universal. The trademark owner can prevent exhaustion if it would harm its reputation in some manner.
A company name does not infringe a trademark if this name was acquired in good faith and used before the trademark’s application.
Famous marks must be registered to enjoy protection. To be famous, the mark must have a high reputation and be known to relevant members of the public.
If an earlier rights holder tolerates a registration for five years, there is acquiescence (does not include well-known marks).
In a cancellation action, the owner of the earlier right or its legal successor is obliged to prove that the trademark is in use. Cancellation for non-use takes effect on the date of last use (not on the date of the Decision).
Use must be genuine use.
Revocation on the grounds that a trademark has become generic takes effect at the time of the final Decision.
If a trademark is filed in bad faith, the rightful owner can ask for the mark to be transferred into his/her name.
Where an infringing mark infringes a well-known mark, it may be transferred into the name of the owner of the well-known trademark.
For further information about the new Law, please contact our Serbia & Montenegro representative.
November 17, 2004
Extension of European Patents to Serbia & Montenegro entered into force on November 1, 2004
Extended European patent applications and patents now enjoy essentially the same protection in Serbia and Montenegro as the patents granted by the EPO for the 29 member states of the European Patent Organization.
The extension of European patents in Serbia and Montenegro occurs at the applicant’s request.
The extension fee is EUR 102 (approximately USD 132). If the fee is not paid in due time, the applicant is allowed a grace period during which time the extension fee can still be validly paid with a surcharge of 50%. Otherwise, the request for extension is deemed withdrawn.
The extension is not available for applications filed prior to November 1, 2004, or for any European patents resulting from such applications.
For more information on the extension of European Patents to Serbia & Montenegro, please contact our Serbia & Montenegro representative.
August 12, 2004
Amendments to the Patent Law of Serbia and Montenegro
After a recent amendment, the 20-month term for filing PCT applications in Serbia and Montenegro under Chapter 1 was extended to 30 months.
The Patent Law of Serbia and Montenegro now complies with the Patent Cooperation Treaty (PCT) modifications of April 1, 2002, and more precisely with the amendment to the PCT Article 22 (1).
Practically, the Patent Law of Serbia and Montenegro now provides that the deadline for entering the national phase of an international patent application under Chapter I will be extended from 20 months to 30 months from the priority date.
The new 30-month time limit under the PCT Article 22(1) will apply to international applications filed on or after 1 January 2004.
The time limit for entering the national phase of an international patent application under Chapter II (PCT Article 39 (1)) remains at 30 months. However, it can be extended by one month upon payment of additional fees.
July 16, 2004
Extension of European Patents to Serbia & Montenegro expected in November
On June 15, 2004, the Co-operation and Extension Agreement between Serbia & Montenegro and the European Patent Office was ratified by the Parliament of Serbia & Montenegro.
According to the Federal Intellectual Property Office of Serbia & Montenegro, the Agreement is expected to enter into force by the end of November 2004.
In line with the ratification and prior to the Agreement being enforced, Serbia & Montenegro Patent Law was also amended on July 2, 2004 with the goal to fully harmonize with EU legislation. The new Patent Law is scheduled to be enforced by the end of this month. It specifically addresses the enforcement of the Co-operation and Extension Agreement between Serbia & Montenegro and the European Patent Office.
Under the Co-operation and Extension Agreement, the European patents extended to Serbia & Montenegro will have the same effect as national patents granted in the territory of Serbia & Montenegro.
For more information on the extension of European Patents to Serbia & Montenegro, please contact us.