Intellectual Property Laws at Serbia
Serbia's intellectual property (IP) laws are primarily governed by the Intellectual Property Office of the Republic of Serbia (Zavod za intelektualnu svojinu – ZIS), which operates under the Ministry of Economy. ZIS is responsible for administering and enforcing various IP rights, including patents, trademarks, industrial designs, copyrights, and related rights. The office also oversees the implementation of international IP agreements and represents Serbia in international IP organizations
📜 Key IP Laws and Regulations in Serbia
1. Patent Law
Governing Legislation: The Law on Patents (Official Gazette of RS No. 99/11, 113/17, 95/18, 66/19, and 123/21
Protection Scope: Grants exclusive rights to inventions that are new, involve an inventive step, and are industrially applicable
Duration: Up to 20 years from the filing date
International Framework: Serbia is a member of the Patent Cooperation Treaty (PCT), allowing for international patent protection
2. Trademark Law
Governing Legislation: The Law on Trademarks (Official Gazette of RS No. 104/09, 99/11, 119/12, 29/16, and 66/19
Protection Scope: Covers signs capable of distinguishing goods or services
Duration:10 years from the registration date, renewable indefinitely
International Framework: Serbia is a party to the Madrid Protocol, facilitating international trademark registration
3. Industrial Design Law
Governing Legislation: The Law on Industrial Designs (Official Gazette of RS No. 104/09, 99/11, 119/12, 29/16, and 66/19
Protection Scope: Protects the aesthetic aspects of a product that are new and original
Duration: Up to 25 years from the filing date, with renewals
International Framework: Serbia is a member of the Hague Agreement, enabling international design protection
4. Copyright and Related Rights Law
Governing Legislation: The Law on Copyright and Related Rights (Official Gazette of RS No. 104/09, 99/11, 119/12, 29/16, and 66/19
Protection Scope: Covers literary, artistic, and scientific works, including software and databases
Duration: Life of the author plus 70 years
International Framework: Serbia is a signatory to the Berne Convention, the WIPO Copyright Treaty, and the Rome Convention, ensuring international protection
5. Trade Secrets Law
Governing Legislation: The Law on the Protection of Trade Secrets (Official Gazette of RS No. 53/2021
Protection Scope: Protects confidential business information providing a competitive edge
Duration: Protection lasts as long as the information remains confidential
🌐 International IP Treaties
Serbia is a member of several key international IP treaties, including:
Paris Convention for the Protection of Industrial Property Establishes a right of priority for patent and trademark application.
Berne Convention for the Protection of Literary and Artistic Works Ensures copyright protection for author.
Patent Cooperation Treaty (PCT) Facilitates international patent application.
Madrid Protocol Allows for the international registration of trademark.
Hague Agreement Provides for the international registration of industrial design.
WIPO Copyright Treaty Addresses the protection of authors in the digital environment.
Rome Convention Protects performers, producers of phonograms, and broadcasting organizations
🏛️ Enforcement and Legal Action
IP enforcement in Serbia involves:
*Civil Proceedings: Actions such as cease and desist orders, injunctions, and claims for damages.
*Criminal Proceedings: Penalties including fines and imprisonment for severe infringements.
*Customs Actions: Customs authorities may seize counterfeit goods at Bordes.
*Administrative Measures: Regulatory bodies may impose fines and sanctions for non-compliance
RELATED Blog
0 comments