Law on trademarks (“Official Gazette of the RS” No.104 / 09, hereinafter the “Law”) was adopted on 11.12.2009. as a result of harmonization of intellectual property rights with the European Union’s directives.
The Law envisages better legal protection for the trademark holder, while the mark is defined as a right that protects a sign which serves to distinguish goods and services of natural and legal persons. The novelty is that a trademark holders can only be participants in traffic or providing of services. The institute of right to appeal to the decision of the Institute for intellectual property has been introduced to the law.
The Law regulates the manner of acquisition and protection of the right on sign in traffic of goods and services, initiation of proceedings for trademark registration, application for the recognition of a collective trademark and a trademark guarantee and other relevant institutes.
LAW ON COPYRIGHT AND RELATED RIGHTS
(“Official Gazette of the RS” No.104 / 2009)
Law on copyright and related rights (“Official Gazette of the RS” No.104 / 2009, hereinafter “the Law”) regulates the rights of authors of literary, scientific, professional and artistic works, performers rights, rights of phonogram, the rights of phonogram producers, videograms, programs, databases and the right of publisher of printed editions as rights related to copyright, the method of management of copyright and related rights and judicial protection of those rights.
The Law envisages establishment and operation of organizations for collective management of copyright and related rights. The organization may be founded by the authors or holders of copyright or related rights, or their associations. Only one organization may receive authorization for collective management of copyright or related rights for the same kind of rights on the same type of work or subject matter of related rights. Existing organizations for the collective management of copyright and related rights, which have been performing the activities for realization of these rights prior to the entry into force of this Law, continue to operate after the entry into force of the law.
Law on legal protection of industrial design
(“Official Gazette of the RS” No.104 / 2009)
The right on protection of industrial designs belongs to the author or his legal successor, or the employer in the cases envisaged by law, and foreign natural and legal persons with regard to the protection of industrial designs who enjoy the same rights as domestic natural and legal persons, if that is result of international contracnts or the principle of reciprocity. The industrial design is acquired by registration in the Register of industrial designs and lasts 25 years from the date of application.
A novelty in the Law is that decisions of the competent authorities in the procedure for the protection of industrial designs may be appealed within 15 days to the Government of the Republic of Serbia. Against the decision of the Government on the appeal may be initiated administrative dispute within 30 days of receipt of the decision of the Government.
LAW ON PROTECTION OF TOPOGRAPHIES INTEGRATED CIRCUITS
(“Official Gazette of the RS” No.104 / 2009)
This Law regulates the subject, conditions and subjects of topographies of integrated circuits, the rights of subjects and the manner of exercising of their rights, rights of the company or other legal entity where the topography was created, as well as restrictions related to protection of topographies of integrated circuits.
Topography is in any way displayed a three-dimensional arrangement of elements, of which at least one is active, and interconnecion in integrated circuit, or such a three-dimensional arrangement prepared for the production of certain integrated circuit, while the integrated circuit, finished product or intermediate in which is realized a certain electronic function and in which the elements, of which at least one is active, and interconnections are integrally formed in a piece of material or on a piece of material, or in the piece and on the piece of material.