SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
or use, it must not infringe prior intellectual property rights of others, and it must not contain or reproduce the name or emblem of a state or international organi- sation, nor the name, image, or likeness of a living or
for design, as well as unauthorised disclosure of the subject matter of the application. Unauthorised use of a design may also constitute a criminal offence or an economic offence, and protec- tion is additionally ensured under special regulations governing the powers of administrative authorities in the field of intellectual property protection. An action for infringement may be brought by the applicant, the holder of the industrial design right, as well as the holder of an exclusive licence, unless oth- erwise stipulated by contract. Where infringement is established, the claimant may request: • a declaration of infringement; • an injunction against further or similar acts; • compensation for pecuniary and non-pecuniary damage; • publication of the judgment; • withdrawal of infringing products from the market; • seizure or destruction of infringing products; and • provision of information on third parties involved in the infringement. When deciding, the court shall take into account the proportionality between the severity of the infringe- ment and the measures sought, the interests of third parties, as well as all relevant circumstances for deter- mining the amount of damages. An action may be brought within three years from the date the claimant became aware of the infringement and the infringer, and no later than five years from the date of the first infringement. The proceedings shall be urgent. Upon request of an authorised person, the court may order provisional measures to prevent infringement or the occurrence of damage, including seizure of the infringing products, prohibition of their manufacture or distribution, as well as prohibition of acts constitut- ing a threat of infringement. Such measures may be ordered without prior hearing of the opposing party, particularly where there is a risk of irreparable harm,
deceased or notable person. 4.3 Registration and Term
Applications for the protection of industrial design may be filed by both domestic and foreign natural and legal persons. The right to file an application primar- ily belongs to the author of the industrial design or their legal successor, while in cases where the design is created within an employment relationship, the employer has the right to file the application, provided there is an appropriate legal basis. Protection of industrial design in the Republic of Ser- bia is obtained through an administrative procedure before the Intellectual Property Office, which is ini- tiated by filing an application for the recognition of industrial design rights. The application must contain the elements prescribed by law. Upon receipt of the application, the Office first conducts a formal exami- nation to verify whether all formal requirements have been met and whether the relevant fee has been paid, followed by a substantive examination to assess whether the material requirements for protection are fulfilled, namely novelty and individual character of the design. Protection of industrial design lasts for five years from the date of filing the application, with the possibility of renewal every five years, up to a maximum total duration of 25 years. 4.4 Enforcement and Remedies In the event of an infringement of rights in a protected industrial or handicraft design, the right holder may bring an action before the competent court seek- ing cessation of the infringement, compensation for damages, destruction or removal from the market of the products infringing the protected design, as well as publication of the judgment at the expense of the defendant. An infringement of rights shall be deemed to include any unauthorised use of a registered industrial design, including imitation of a registered or applied-
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