SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
1. Trade Mark and Copyright Law 1.1 Governing Law Trade mark and copyright protection are statutory rights governed by: • the Law on Trademarks; • the Law on Copyright and Related Rights; • the Customs Law; • the Law on Special Authorities for the Efficient Protection of IPRs; and • the Law on Trade. Trade mark rights are acquired exclusively through registration. An exception exists for well-known and famous trade marks. Copyright arises automatically upon creation of the work. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Serbia is a member of the following trade mark trea - ties: • the Paris Convention for the Protection of Industrial Property; • the Madrid Agreement and the Madrid Protocol on the International Registration of Marks; • the Nice Agreement on the International Classifica - tion of Goods and Services; • the Vienna Agreement establishing the International Classification of the Figurative Elements of Marks; • the Nairobi Treaty on the Protection of the Olympic Symbol; • the Trademark Law Treaty (TLT); and • the Singapore Treaty on the Law of Trademarks. Regarding copyright and related rights, Serbia is a member of: • the Berne Convention; • the Universal Copyright Convention; • the Rome Convention; • the Geneva Convention; • the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT); • the WIPO Performances and Phonograms Treaty (WPPT); and • the Marrakesh Treaty.
These treaties are ratified and implemented through national legislation. The rights of foreign trade mark and copyright holders are protected equally as the rights of domestic holders. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks Serbian law recognises individual, collective and cer - tification (guarantee) marks. A trade mark may con - sist of any signs (words, personal names, drawings, letters, numerals, colours, three-dimensional shapes, the shape or packaging of goods, or a combination of those signs or sounds) provided it is fit for: • distinguishing goods/services from those of another natural or legal person; and • being represented on the Trademarks Register in a manner that enables authorities and the public to clearly and precisely determine subject matter of the protection. Service marks are protected in the same way as trade marks. A collective mark is a trade mark representing certain forms of association of producers or providers of services, the members of which have the right to use it under requirements prescribed by law. Users have the right to use the collective trade mark only in the manner envisaged by a general act thereon. Certification marks distinguish goods/services certi - fied by the proprietor from the same or similar goods/ services of others. They are used under the supervi - sion of the proprietor of the trade mark as a guarantee of quality, material, the manner of production or other common characteristics of goods/services protected by that trade mark. Indications of geographical origin are a separate IP right. They serve to mark natural, agricultural, food and industrial products, and traditional handicrafts products and services. Surnames may be registered as trade marks with the written consent of the per - son/successor. Registration of surnames of historic or otherwise famous deceased people additionally requires approval of the competent authority. Indus -
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