Fic rEcommEndationS - Eurobank EFG

INTELLECTUAL PROPERTY
WHitE BooK BaLancE ScorE card
cUrrEnt SitUation
The intellectual property legal framework has generally
remained the same as it was a year ago, with the exception
of the newly enacted Law on Optical Discs and Law
on Protection of Business Secret. Namely, this framework
mainly consists of the material laws enacted in years 2004,
2009 and 2010, which regulate the legal relations pertaining
to inventions, topographies of integrated circuits, literary,
scientific and artistic works, computer programmes,
symbols, names and images used in commerce. Hence,
the following laws that are harmonised to a large extent
with the relevant international conventions, as well as
with the Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS) and EU standards, contain the
principal material provisions regulating intellectual property
in Serbia:
Law on Trademarks (2009);
Law on Indications of Geographical Origin (2010);
Law on Copyright and Related Rights (2009);
Law on Legal Protection of Industrial Design (2009);
Law on the Protection of Topographies of Integrated
Circuits (2009);
Law on Patents (2004);
Law on Protection of Business Secret (2011).
� top
Recommendations:
State authorities should increase efforts in combating copyright infringements
on the internet, especially with respect to software, music and
film industries.
Inspections of software copyright legality in companies, which the Tax
Administration has been conducting for several years with significant
results, should be continued and intensified.
Adopt the National Strategy on intellectual property rights and their
protection.
More efficient and prompt implementation of regulations for the protection
of IP rights.
State authorities should offer more incentives to intellectual property
owners in their creative sphere.
Introduced
in the WB:
Significant
progress
Certain
progress
2010 √
2009 √
2009 √
2008 √
No
progress
2010 √
The Law on Trademarks governs the manner of acquisition
and the protection of rights with respect to marks used in
trade of goods and/or services. A trademark is defined as
a right that protects a mark used in the course of trade to
distinguish goods and/or services of one natural or legal
person from identical or similar goods and/or services of
another natural or legal person. The text of the current law
is in accordance with the Protocol to the Madrid Agreement
Concerning the International Registration of Trademarks.
The Law on Indications of Geographical Origin regulates
the manner of acquisition and legal protection of indications
of geographical origin (appellations of origin and
geographical indications), in accordance with the Lisbon
Agreement for the Protection of Appellations of Origin and
their International Registration.
The Law on Copyright and Related Rights stipulates the
rights of the authors of literary, scientific and artistic works,
computer programmes, as well as the rights related to
copyright: rights of performers, producers of phonograms,
videograms, broadcasts and databases, rights of the first
publisher of a free work, and rights of the publisher of
printed editions.
The Law on Legal Protection of Industrial Design governs
the method of acquiring the rights to the external ap-
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