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11 June 2019

Supreme Court issues landmark decision on goods in transit

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.

13 May 2019

Procedures and strategies for anti-counterfeiting: Western Balkans

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.

27 November 2018

Supreme Court issues landmark decision on parallel imports

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Western Balkans

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.

13 March 2018

Procedures and strategies for pharmaceutical brands: Serbia

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.

26 June 2015

Government enacts new decree on customs enforcement of IP rights

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.

09 January 2015

European Commission: Serbia made moderate progress in IP area in 2014

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.

25 March 2014

Concentration of IP cases in Belgrade courts - a step towards specialised IP courts

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.

25 November 2013

US companies do not have to deposit security for litigation costs

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.

03 April 2013

Immaterial damages can now be awarded in unfair competition cases

A set of amendments to the Law on Trade, which governs unfair competition, has come into force. The amended law explicitly provides that immaterial damages (for harm to business reputation) can be awarded in unfair competition cases. It represents an important piece of legislation for the fight against lookalikes.

04 March 2013

Amendments to Trademark Law introduce significant changes

The amendments to the 2009 Trademark Law came into force on February 7 2013. In addition to removing certain redaction errors, the amendments introduce several changes to the protection of trademarks in Serbia - some of which are fundamental. For example, the amendments replaced the principle of international exhaustion of trademark rights with that of national exhaustion.

19 November 2012

European Commission commends Serbia's progress in IP area

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.

09 May 2012

German pet food manufacturer wins bad-faith case against Serbian company

The Commercial Appellate Court of Belgrade has upheld a decision of the Commercial Court of Belgrade in which the latter had found that the defendant, a Serbian importer and producer of pet food, had registered the marks GIMPET and GIMBORN in bad faith. The marks belonged to the defendant’s business partner, German pet food manufacturer Gimborn.

22 April 2010

New Customs Law comes into force

The new Law on Customs, which replaces the 2003 law, has come into force. It will apply from May 3 2010. With respect to border measures, the only change concerns the time limit for filing a lawsuit when Customs has seized goods suspected of being counterfeit. The term is now 10 working days, extendable by another 10 days.

22 February 2010

Enforcement of trademark rights facilitated under new Trademark Law

The Serbian Parliament has enacted a new Trademark Law, together with three other IP laws. The new laws are part of Serbia’s effort to bring its IP legislation in line with EU standards. A major change is the introduction of an appellate procedure. Moreover, the law provides for several measures to facilitate the enforcement of trademark rights.