SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
7. Data, AI and Emerging IP Issues 7.1 Data Rights and Database Protection Legal Framework for Database Protection In the Republic of Serbia, databases receive dual pro- tection through both copyright and related (sui gen- eris) rights. A database is defined as a collection of independent data, works, or other materials arranged in a systematic or methodical manner, which are indi- vidually accessible by electronic or other means. This structure ensures that databases are regulated under specific sections of the Law on Copyright and Related Rights, particularly focusing on the rights of database producers. Copyright Versus Related Rights A database qualifies for copyright protection if the selection and arrangement of its content are original and meet the general statutory requirements for an intellectual creation. While copyright protects the orig- inal structure and expression of the database, related rights focus on protecting the substantial investment made by a person or entity in creating the database. Crucially, copyright protection for a database does not extend to its actual content, nor does it limit any existing rights associated with that content. Rights of the Database Producer The producer of a database holds the exclusive right to prohibit the extraction or re-utilisation of the entire content or a qualitatively or quantitatively substan- tial part thereof. Extraction refers to the permanent or temporary transfer of content to another medium by any means or form, while re-utilisation involves mak- ing the content available to the public through dis- tribution, rental, or online transmission. Furthermore, producers can prohibit the systematic extraction of even non-substantial parts if such actions conflict with the normal exploitation of the database or unreason- ably prejudice the producer’s legitimate interests. 7.2 AI-Generated Works and Inventorship/ Authorship The Requirement of Human Authorship Under the Law on Copyright and Related Rights of the Republic of Serbia, a copyrighted work is strictly defined as an original intellectual creation of a natu- ral person. This legal framework requires the work to
Employees are subject to a duty of loyalty and confi- dentiality during and after employment. In the absence of a contract, disputes may arise, particularly regard- ing independently developed know-how. For contrac- tors and consultants, ownership depends entirely on the agreement between the parties. Therefore, clear contractual clauses are essential to avoid ambiguity. 6.4 Protection Through Contract and Confidentiality Know-how in Serbia is primarily protected through contractual mechanisms, such as NDAs, confidenti- ality clauses, and non-use provisions. These agree- ments define what constitutes protected information and how it may be used. Serbian contract law allows broad freedom, so such clauses are generally enforce- able if not contrary to mandatory rules. It is common to include penalties for breach of confidentiality. Non- compete clauses may also be used but are subject to stricter legal limitations. In practice, well-drafted contracts are the most effective form of protection. 6.5 Licensing and Assignment Know-how can be licensed or assigned indepen- dently of other intellectual property rights such as patents. Serbian law does not require registration of such agreements, as know-how is not a registered right. However, written agreements are strongly rec- ommended for legal certainty. There are no strict for- malities such as notarisation unless agreed by the parties. The effectiveness of the transfer depends on maintaining confidentiality. Therefore, contractual safeguards are essential in licensing arrangements. 6.6 Reverse Engineering Reverse engineering is generally lawful under Serbian law, provided that the product was lawfully obtained. It is considered a legitimate way of acquiring infor- mation unless prohibited by law or contract. The Law on Protection of Trade Secrets explicitly allows reverse engineering in such cases. However, contrac- tual clauses may restrict or prohibit reverse engineer- ing. These clauses are typically enforceable if clearly agreed. Reverse engineering must not involve unlaw- ful access, breach of confidentiality, or violation of intellectual property rights.
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