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

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economic value lying in the intellectual property which can be materialized andappropriated only if that property is used economically, regardless whether it is legallyprotected or not.In this strategy, the focus lies on legally protected intellectual property because thatconcept is specific and supported by the particular legal and institutional arrangements.However, the economic concept of intellectual property is important for the Strategy,because it draws attention to the fact that intellectual property in its narrow legal sense isnot a tool of economic development if it is not utilized in economy. In other words, nointellectual property right has legal value in itself, on the basis of the fact that it islegitimate, or granted by a decision of a government body. The thing that transformsintellectual property right into economic value is its productive utilization. In the sameway, the circumstances that a certain intellectual property asset is not protected by anyform of intellectual property rights is not an obstacle in its economic use and what ismore it is not necessarily an obstacle to the realization and appropriation of profit. Whatis more, in certain situations it can be a strategic advantage for the business subject toresort to the actual protection of the certain intellectual property asset in the form of atrade secret, then resort to legal protection in the form of patent or some other industrialproperty right.Having this in mind, it can be stated that the intellectual property right has several basicfunctions: the first function is to stimulate the “production” of creations by givingpossibility for a legal monopoly on economic exploitation of new intellectual creationssuch as inventions, plant varieties, topographies of integrated circuits and copyright andin such a way contribution is given to the technical and cultural progress of a society. Thesecond function is to reduce the information gap between the subjects which provide andthe subjects which demand certain goods and services on the market by securing theexclusive right for the utilization of distinctive signs (trademarks, geographicalindications of origin and industrial designs), which reduces the transaction costs,stimulate investment into the quality of goods and services and contributes to theefficiency of the market. The third function consists in the facilitation of the transactionof rights for the use of intellectual property assets because there is a legal ground for thesuccession of rights inter vivo (by means of a contract and ex lege), as well as mortiscausae. The forth function is the logical outcome of this one: it is the facilitation of theeconomic implementation of the protected intellectual property assets. However, in thecases when the holder of right has no capacity or interest to utilize directly a certainintellectual property asset which is a subject matter of an appropriate right of intellectualproperty, he can cede or transfer that right to the subject which has the capacity and theinterest in that. In such a way, more intellectual property assets find their way to practicalimplementation than would have been the case if they had not been the object ofprotection by a certain intellectual property law.In the countries in transition, such as the Republic of Serbia, the intellectual propertyright has one additional characteristic function, which, from the point of view of currenteconomic policy, sometimes gets before everything else. It is a question of a function ofattracting foreign direct investments. In the conditions of global economy, the capital6
searches for the favourable conditions for doing business, such as the near sources of rawmaterial, cheap labour force of decent quality, good communication infrastructure,stimulating tax system. Efficient legal protection of intellectual property, beyond anydoubt, encourages foreign companies to import in the country products and servicesbased on new technologies, renowned trademarks and service marks, and so calledcreative industry.On the other hand, the efficient system of intellectual property protection represents aconstituent part of the business environment which influences favourably thedevelopment of home knowledge based economy, acts as stimulation for research anddevelopment projects and the development of the sector of new economy. In such a way,Serbian economy can transform from the predominantly net user of intellectual propertyinto net provider, and observed in the middle term and in a long term it can influencefavourably results in foreign trade.3. Contents and systematization of the StrategyStrategy is a program planned document referring to the period 2011-2015. It consists ofa vision of the national system of intellectual property till 2015 and of the list of concretemeasures that the Republic of Serbia must enforce in the direction of the realization ofthe mentioned vision.The Strategy silently begins with the premise that the innovation system implies complexpackages of stimulating legal and institutional conditions for the creation of the newintellectual property assets, transfer of intellectual property and implementation ofintellectual property. Also, the Strategy acknowledges the issue of the utmost importanceis the establishment of the partner cooperation network between the state as the financierof the largest part of the research and development work, the public R&D organizations,or the university as the subject of the R&D process and economy which, at the same time,must be a co-financier and order and user of those results. In that partnership cooperationprocess, where the creation, transfer and implementation of the new intellectual propertytakes place, the questions concerning intellectual property are being asked, from thebeginning till the end of the cooperation, so they can play the role of the catalyst, but theycan also be the factor of failure.However, the systematization of the Strategy does not rely on the functional but on thestructural approach to the issues of intellectual property. In other words, both the visionof the national system of intellectual property and the measures that have to beundertaken in the forthcoming period are turned to the characteristics of the system itselfand not to the speculation with the desired effects. The presumption, upon which theStrategy leans, implies that the scientifically established functions of the intellectualproperty (which have been stated above) will make the proposed measures producecertain positive effects in the national economy and development by improving thesystem quality.7
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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
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Page 17 and 18: European Union, in January 2010, th
Page 19 and 20: The European Commission gave opinio
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
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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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