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04 October 2019

Serbia’s draft Trademark Law – what you need to know

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.

10 September 2018

Trademark procedures and strategies: Serbia

Foreign undertakings not based in Serbia must be represented by a local attorney or registered IP agent. Power of attorney can be filed belatedly and need not be notarised or legalised.

03 September 2018

Good news for mark owners: counterfeit perfumes destroyed for the first time

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.

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.

29 March 2017

Trademark procedures and strategies: Serbia

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).

18 September 2015

Serbia

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.

03 September 2015

Important amendments to industrial design law come into force

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.

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.

18 February 2015

PTO abolishes 'class heading covers all' approach

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.

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.

04 December 2013

Amendments to GI law in preparation

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.

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.

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.

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.