With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be fertile ground for the manufacture and distribution of counterfeit goods. Read more
Serbia’s new Trademark Law came into force on 1 February 2020. Some of the changes provided by the law - such as the introduction of opposition proceedings - should be welcomed by trademarks owners. Read more
In a case involving a well-known sportswear company, the Serbian Supreme Court of Cassation has held that the trademark holder was allowed to prohibit the transit through Serbia of goods infringing its IP rights. Read more
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Due to its geographical location, the Western Balkans is well connected to other regions and continents. Read more
In an important development for mark owners,Serbian Customs has recently destroyed over 1.4 tons of counterfeit perfumes bearing famous marks, including LANCOME, ARMANI, CHANEL, DIOR and CHLOE. Read more
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Read more
In a landmark decision, the Serbian Supreme Court of Cassation has ruled that parallel imports constitute trademark infringement, thus revoking the decisions of the Commercial Court and the Commercial Appellate Court. Read more
The requirements for registration of pharmaceutical trademarks are the same as for any trademark: a request for registration in the prescribed form, including a representation of the sign and a list of goods covered, along with the payment of a fee. Read more
The government has enacted a decree on the conditions and procedures for the application of measures for customs enforcement of IP rights, replacing the 2010 decree. The decree is modelled after EU Regulation 608/2013 and reflects Serbia’s efforts to harmonise its customs legislation with the EU legislation. Among other things, the new decree introduces a special procedure for the destruction of small consignments.
As part of its enlargement programme for 2014, the European Commission has issued a progress report on Serbia, part of which concerns the protection of IP rights. According to the report, Serbia has made moderate progress in the IP field. Among other things, the report states that further alignment of the Serbian legislation with the IP Rights Enforcement Directive needs to be ensured.
The European Commission has issued a report on the progress made by Serbia in preparing for EU membership. According to the report, Serbia has made significant progress in the area of intellectual property, especially in harmonising its IP legislation with the EU regulations. Among other things, the report notes that the IPO has organised a significant number of training programmes and events addressing the needs of all the key players in IP protection.
The Serbian government has adopted its National Intellectual Property Strategy for the 2011-2015 period. One of the strategy’s objectives is to take the appropriate organisational and technical measures to introduce an electronic application system at the Intellectual Property Office for industrial property rights.
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 IP rights. According to the report, Serbia has made moderate progress in the field of IP rights protection over the past year.
The Serbian National Register of Internet Domain Names has started accepting registrations under the Cyrillic domain '.срб ' ('.srb'). During the initial six-month registration phase, only the owners of existing '.rs' domain names are able to register the corresponding '.срб ' domain name (ie, a one-to-one character transliteration into Serbian Cyrillic characters).
The Register of National Internet Domain Names of Serbia has launched the registration of domain names in the Serbian '.rs' country-code top-level domain. The launch followed the June 2006 split of the former Federal Republic of Yugoslavia into two countries, Serbia and Montenegro.
The Intellectual Property Office of the Republic of Serbia has prepared a draft Trademark Law which aims to further harmonise Serbian trademark legislation with that of the European Union. This update highlights the key points of interest for trademark owners. Read more
The following national laws govern trademarks in Serbia: the Law on Trademarks (Official Gazette RS 104/2009, 16/12/2009 and 10/2013); the Customs Law (Official Gazette RS 18/2010, Part VIII – “Measures for the protection of intellectual property rights at the border”); the Law on Special Authorities for the Efficient Protection of IP rights (Official Gazette RS 46/06 and 104/09); and The Law on Trade (Official Gazette RS 53/2010 and 10/2013).
The fundamental legislation governing trademarks is the Trademark Act, which came into force on December 24 2009 and was amended on January 30 2013. Detailed procedures for filing trademark applications are set out in Decree 43/10, which was issued on July 3 2010.
The Serbian Patent and Trademark Office has abolished the 'class heading covers all' approach as part of its efforts to harmonise its practices with those of other EU national IP offices. Pursuant to this change, national trademarks will now be registered under the 'means what it says' approach.
The Law on Amendments to the Law on the Legal Protection of Industrial Designs, which aims to further harmonise Serbian legislation with that of the European Union, has recently come into force. Among other things, the definition of a 'novel' industrial design has been updated, and an extraordinary legal remedy that can be sought against final decisions has been introduced for the first time.
With the enactment of the Law on Seats and Jurisdictions of the Courts and Public Prosecutor Offices and the amendments to the Law on the Organisation of the Courts, Serbia has made a step towards the introduction of more specialised IP courts. Although the Commercial Court and the High Court of Belgrade are not specialised IP courts as such, the concentration of all IP cases in these two courts will enable judges to become more specialised in IP matters.
The Serbian Intellectual Property Office has published the text of the Draft Law on Amendments to the Law on Geographical Indications on its website. Among other things, the amendments aim to harmonise the current law with Regulation 1151/2012 on quality schemes for agricultural products and foodstuffs.
Within the context of infringement proceedings between US company Skechers and Serbian company Safran, the Appellate Court has refused Safran's request that Skechers deposit security for litigation costs. The decision is significant because it recognises the right of a US company to sue in Serbia without depositing security for litigation costs, even when the company does not have a presence in Serbia.