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

Terms which have been internationally recognized and are used most often to denote theinfringement of intellectual property right are: piracy and counterfeiting. Piracy denotesthe unauthorized use of copyright works and subject matter of related rights, in particularin the form of multiplication and commerce of the mentioned on CD or DVD or someother carrier of electronic recording. Lately, that concept has been broadened to includethe unauthorized communication of copyright works and related rights subject matter onthe internet. The specific quality of piracy is that, in the conditions of digital informationand communication technology, the expenses of multiplication or public communicationof copyright works or the subject matter of related rights are minimum or almostequalling zero, on the basis of which, the profit that is realized by the pirate is significant,and the damage suffered by the holder of right significant. Counterfeiting is a term usedto denote the unauthorized production of goods and commerce when the goods possessthe image and trademark which is identical or similar to the other persons protecteddesign or trademark. Counterfeited goods have the deceptive image of the goodsproduced by the rightful owner and holder of right, but it is appealing for the consumersbecause it has a lower price, as a rule. The phenomenon of the counterfeited goods is notonly important for the intellectual property rights, but also for consumer protection, inparticular when there are significant differences in the quality of counterfeited andoriginal goods, in particular when it concerns goods important for the health and security(for example: medicaments, spare parts for vehicles and aircraft, etc.)Piracy and counterfeiting of goods are today two most wide spread forms of intellectualproperty right infringement, and thus they are the subject of special interest ofgovernments and special international organizations. However, one should not neglectother forms of intellectual property right infringement, such as the violation of patent,right of the plant varieties breeders and so called moral rights of the authors andperformers, where the holders of right legitimately expect efficient protection.Bearing in mind that administrative and criminal protection concerning plant breeder’srights is not currently incorporated in the legislation in the Republic of Serbia, it isnecessary to amend the Law on Special Powers for the Efficient Protection of IP, Law onCustoms, Law on Organizations of Courts and the Criminal Code. In that way, regardingthe protection of rights, the right holders of plant varieties would have the same rights asthe other holders of IP rights.For the high degree of respect of intellectual property rights, the prevention is of greatimportance in the form of raising public awareness what intellectual property is and whyit is necessary to protect it. That will particularly be the case in the item 4 of this Strategy.Along with that, the strong preventive influence lies in the existence of the efficientsystem of sanctioning the infringements of right. However, it is necessary to understandthat such a system, with regard to its efficiency, can never and nowhere be comparedwith the system of sanctions against the violation of property on the material rights. It isespecially prominent in the case of piracy on the copyright protected works and subjectmatter of related rights on the Internet. It is a question of the global expert topic whichdemands to be discussed not only in the context of suppression of the infringement ofright, but also in the context of the creation of concept for the protection of intellectual23