Strategy of the intellectual property development for the period of ...

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Possible complaint that the transfer of Office to self financing deprives the budget of thepart of the public income that the Office realizes at the moment, carries no real weightsince it concerns the investment into the strategic government project of intellectualproperty strengthening, implying the manifold return of the invested funds in many ways(including the income for the budget from the increase of the economic activities and theincrease of the number of applications).With regard to the manner of financing of the Office operations, it is realistic that theOffice should be financed from the income which are sufficient to secure its selfsustainability:- from the income realized by the administration of the international conventions (Madrid Agreement concerning the International Registration of Marks, Protocol Relatingto the Madrid Agreement Concerning the International Registration of Marks, HagueAgreement Concerning the International Deposits of Industrial Designs), from thissources, in 2010 , an income of 1,434,093 CHF has been realized.- from the income realized from the registration and maintenance of validity of patents,trademarks, industrial designs and indications of geographical origin and the recording ofthe copyright and the subject matter of related rights, entry of the licence agreements andthe transfer of rights in the Registry of the Office,-income from services on the performance of reports on the state of the art in the world ,reports on the protection of a certain sign by a trademark, certain shape by an industrialdesign, or the technical solution by a patent,-income from services of industrial property pre-diagnosis,- income from the publication of data on the granted patents, trademarks and industrialdesigns and the printing of the patent documents,- income from the passing of expert exam for the representation in the process ofprotection of patents, trademarks and other industrial property rights before the Office,-donations and development funds of the international organizations and other sources offinancing in compliance with the Law. The prices of services offered by the Office to theusers would be determined by a tariff, that the Government would agree with incompliance with the Law on Public Agencies.The price of the services which the Office would provide to the users would bedetermined by a tariff, that the Government would agree with, in compliance with theLaw on Public Agencies. The change of the status of the Office would not demand theincrease of the tariff of the services, because the tariffs charged at the moment would besufficient for the financial independence of the Office. In other words, the transformationof the Office would not cause damage to the users of services of the Office.18
The European Commission gave opinion in favour of the securing of financialindependence of the Office in their reports on the progress of the Republic of Serbia onthe road to European integrations in 2009 and 2010, where the need for further activitieson securing the financial independence of the Office has been particularly emphasized.The Office already has two studies of foreign experts, on the basis of which it has beenevaluated that there are economic presumptions to innovate the manner of financing ofthe Office. One study was done by the expert from Romania which has good experiencewith self financing of the national administration for intellectual property, and other wasaccomplished by a team of American experts from the Nathan Associates Inc. It isnecessary to make operational the conclusions from those studies in the near futurethrough the appropriate legislation which would enable the Office to function as agovernment agency.2. Planned ActivitiesIPass the law on the protection of trade secretThe purpose of this law is to consequently regulate the concept of confidentiality, itsunauthorized disclosure, as well as the civil law sanctions for such an act. On its way tomembership in the World Trade Organization, the Republic of Serbia has an obligation tobecome a member of The Agreement on Trade Related Aspects of Intellectual PropertyRights (TRIPS) from 1994. Although the protection of trade secret does not representintellectual property rights in the narrow legal sense, this subject matter is treated as oneof the forms of the intellectual property in the mentioned Agreement, which must havespecial legal grounds for protection.II Make the necessary amendments of the Law on Copyright and Related Rights(OG RS 104/2009)It concerns the minimal interventions regarding the valid Law on Copyright and RelatedRights for the sake of its complete harmonization with the provisions of the EU.III Make necessary amendments in the Patent Law (OG RS 32/2004)It concerns the need for very limited interventions in the valid Patent Law, which willregulate the certain consequences coming out of the full membership of, the Republic ofSerbia in the European Patent Organization, and make more precise harmonization withthe regulations of the EU.IV Pass the law on Amendments of the Law on the Protection of Rights of the PlantVarieties Breeders (Official Gazette RS, No 41/2009)This concerns the need for certain modifications of the Law in order to harmonize theLaw completely with the International Convention for the Protection of New Planrvarieties (UPOV Convention)19
Page 1 and 2: On the basis of article 45, paragra
Page 3 and 4: evision of model of the economic gr
Page 5 and 6: all of these methods is to engage a
Page 7 and 8: searches for the favourable conditi
Page 9 and 10: - Public-private partnership betwee
Page 11 and 12: special remuneration paid in the pr
Page 13 and 14: including the efficient means for t
Page 15 and 16: Having all this in mind, it is evid
Page 17: European Union, in January 2010, th
Page 21 and 22: electronic administration of the ap
Page 23 and 24: Terms which have been international
Page 25 and 26: coordination and cooperation, but a
Page 27 and 28: intellectual property protection an
Page 29 and 30: than 5% of court cases in Serbia, a
Page 31 and 32: Gazette RS” No 46/2006 and 104/20
Page 33 and 34: property, no legal discrimination i
Page 35 and 36: asset. The ceding to others of the
Page 37 and 38: VI.The Office will continually cond
Page 39 and 40: and training of human resources are
Page 41 and 42: IX.Introduce the checking of the le

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