SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
compensations for the same damage even if several IP rights are infringed by the same act. Damages are generally calculated based on hypo- thetical licence fees, actual damages, and lost profits, with possible increases in cases of intentional infringe- ment. 8.7 International and Cross-Border Considerations In Serbia, intellectual property protection is governed by the principle of territoriality, meaning rights are enforceable only within Serbia if registered or recog- nised there. The system operates within an international frame- work that includes the Paris Convention, TRIPS Agreement, the Madrid System, and the European Patent Convention.
These instruments influence Serbian law but do not override domestic jurisdiction. Foreign decisions, including those from the European Patent Office, do not automatically apply in Serbia but may serve as evidence or guidance. In cross-border disputes, courts focus on where the infringement occurred, where goods are marketed, and whether the Serbian market is targeted. Enforcement decisions issued by Serbian courts apply strictly within Serbian territory.
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