Industrial Designs Law in Serbia
π·πΈ Industrial Design Law in Serbia β Internal Overview
1. Purpose of the Law
The Industrial Design Law in Serbia is intended to protect the aesthetic (visual) appearance of products. It aims to:
Encourage creativity in product design.
Promote fair competition.
Provide exclusive rights to designers or owners.
Prevent unauthorized copying or imitation.
2. What is an Industrial Design?
In Serbiaβs legal context, an industrial design refers to the appearance of a product or a part of a product. This includes features like:
Shape
Lines and contours
Colors
Texture or materials
Ornamentation or configuration
πΉ It does not protect the technical or functional aspectsβonly how the product looks.
3. Who Can Apply for Protection?
The following persons/entities can file an application:
The original designer.
A legal successor, such as an employer (if created during employment).
A company commissioning the design.
Multiple joint applicants, if the design was co-created.
4. Requirements for Protection
To be protected under Serbian law, a design must meet the following internal requirements:
A. Novelty
The design must not have been made public before the filing date.
It must be new in Serbiaβi.e., not previously displayed, used, or published.
B. Individual Character
The design must create a distinct visual impression on a hypothetical "informed user".
It should not be too similar to existing designs already known in Serbia.
5. What Cannot Be Protected
Some designs are excluded under Serbian law:
Designs dictated solely by function (e.g., gears or tools shaped for mechanical efficiency).
Designs that are offensive or contrary to public morality or national values.
National symbols (like coats of arms or flags) without permission.
6. Application Process (Domestic Procedure)
An individual or entity applies through the national intellectual property office. The application typically includes:
Request for registration.
Applicant's information (name, address).
Visual representation (photos or drawings).
Description (if needed to clarify the visuals).
Filing fee (as set by administrative regulation).
Optional:
A declaration of authorship.
A request for deferment of publication (to delay public disclosure).
7. Examination & Decision
The internal process involves:
A. Formal Examination
Checks whether the application is complete and formally correct.
B. Substantive Check
The office may assess whether the design meets the basic requirements of novelty and individual character.
If something is missing, the applicant is invited to correct or clarify the application.
C. Registration
If all is in order, the design is entered into the national register.
A certificate of registration is issued.
8. Duration of Protection
Initial term: 5 years from the date of filing.
Can be renewed every 5 years.
Maximum duration: 25 years total (5 renewals).
Renewals must be:
Requested before expiration.
Accompanied by a renewal fee.
9. Rights Granted to the Owner
The registered owner has the exclusive right to:
Make and sell products using the design.
License or assign the design.
Stop others from copying or using the design without permission.
π Infringement can lead to:
Court orders to stop use.
Seizure of infringing goods.
Compensation for damages.
10. Termination or Cancellation
A design registration may be revoked or canceled if:
It was wrongly granted.
It does not meet the required conditions.
The owner fails to pay renewal fees.
A third party proves that the design lacked novelty.
Revocation is handled by:
The national office (administratively).
Courts (if challenged in legal proceedings).
π Summary Table
| Legal Feature | Explanation |
|---|---|
| What is protected | Appearance of a product (shape, lines, color, etc.) |
| Who may apply | Designer, employer, company, or legal successor |
| Requirements | Novelty & individual character |
| Exclusions | Functional designs, immoral content, national symbols |
| Protection duration | 5 years, renewable up to 25 years |
| Rights of owner | Exclusive use, licensing, enforcement |
| Cancellation | Due to invalidity, non-renewal, or legal challenge |
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