SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
However, this overlap has limits. A right holder can- not use multiple IP rights to bypass the legal scope or limitations of a single regime, and courts focus on the economic reality rather than formal layering of rights. When resolving conflicts, courts apply a structured approach: special IP laws prevail, each right is assessed separately, and the dominant nature of the subject matter technical, aesthetic, or source-identi- fying is considered, while ensuring there is no double Confidential know-how and technical information may be protected as trade secrets before, during, and after a patent application, as long as the information has not been disclosed. During the patent application process, secrecy can be maintained until publication. Once a patent is published, all disclosed information enters the public domain and loses trade secret protection. compensation for the same harm. 8.3 Patents and Trade Secrets However, trade secret protection may continue after patent expiry for any additional know-how not dis- closed in the patent, such as manufacturing optimisa- tions or operational techniques. In practice, a patent replaces secrecy with a time-limited monopoly, while residual know-how can remain protected as a trade secret even after patent expiry. 8.4 Trade Marks, Trade Dress and Industrial Designs In Serbia, trade marks, industrial designs, and trade dress are distinct but sometimes overlapping forms of protection. A trade mark protects signs that identify the commer- cial origin of goods or services, while an industrial design protects the aesthetic appearance of a prod- uct, including its shape, lines, colours, and ornamen- tation. Trade dress is not a separate legal category but refers to the overall visual impression of a product or packaging, typically protected through trade mark law, design law, and unfair competition principles. The same product can therefore enjoy multiple layers of protection.
For example, a bottle shape may be protected as an industrial design, its name and logo as a trade mark, and its overall appearance as trade dress. However, design protects appearance, trade marks protect origin, and neither can be used to monopolise purely functional features. 8.5 Copyright and Trade Marks Copyright and trade mark protection often overlap in Serbia, particularly in relation to logos, branding elements, slogans, and mascots. Such elements can be protected by copyright if they are original creative works and simultaneously by trade mark law if they function as identifiers of commercial origin. Copyright protection arises automatically upon crea- tion, while trade mark protection requires registration and use in commerce. Although both rights can coex- ist, they serve different purposes: Copyright protects creative expression, while trade marks protect market identity and prevent consumer confusion. Copyright cannot extend trade mark monopolies, and trade mark law cannot override copyright limitations. Courts distinguish between them by assessing wheth- er the issue concerns creative authorship or commer- cial source identification. 8.6 Enforcement and Remedies Across Multiple IP Rights Serbian law allows multiple intellectual property claims to be brought in a single court proceeding. A single lawsuit may include patent infringement, trade mark infringement, industrial design infringe- ment, copyright infringement, trade secret misap- propriation, and unfair competition claims if the facts support them. Courts assess each IP right separately but evaluate the factual situation collectively. However, Serbian courts strictly prohibit double recovery, meaning a claimant cannot receive multiple
254 CHAMBERS.COM
Powered by FlippingBook