SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
2.5 Notices and Symbols In Serbia, the use of ®, TM and similar symbols is optional and is not regulated by law. 2.6 Related Rights A trade mark in Serbia may also be protected as copyright if it meets the requirements. Surnames may be registered as trade marks with the necessary consents. The author’s moral rights do not limit the registration or use of such marks, provided that the required consents are obtained. Earlier copyright may constitute an obstacle to trade mark registration. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Copyright is regulated by the Law on Copyright and Related Rights. Protected works include literary, musi - cal, dramatic, choreographic, audiovisual and fine art works, architectural works, photographs, applied art, industrial designs, cartographic works, software, databases, collections and derivative works. Software falls under literary works. Industrial designs are entitled to copyright protection where they qualify as original intellectual creations of a natural person. 3.2 Essential Elements of Copyright Protection A work qualifies for copyright protection if it is an origi - nal intellectual creation of a natural person, expressed in a specific form that may be written, electronic, visu - al, spoken or expressed through movement. 3.3 Copyright Authorship An author is a natural person who created a work. Although only a natural person can be an author, legal entities may be holders of copyright. AI and animals cannot be authors. For works created in the course of employment, the employer holds exclusive economic rights for five years, after which they revert to the employee unless otherwise agreed. For computer programmes and databases, the employer is the permanent holder of
trial designs are protected separately, but a certain design may be protected as a trade mark. Serbia, as a member of the Nairobi Treaty, is obliged to protect the Olympic symbol against any commercial use without the authorisation of the International Olym - pic Committee. Certain signs, such as state emblems, flags, official symbols of international organisations and official control or quality marks, cannot be regis - tered as trade marks without the prior approval of the competent authority. National and religious symbols cannot be registered. Two categories of trade marks enjoy broader protec - tion: well-known and famous trade marks. Well-known marks are signs that, although not registered in Serbia as trade marks, are protected as reputable signs in Serbia. Famous marks are protected signs that are clearly recognised as signs of high reputation in Ser - bia, and which have protection even for goods/ser - vices not covered by the registered trade mark. 2.2 Essential Elements of Trade Mark Protection Distinctiveness is the essential requirement for trade mark protection. Generic, descriptive or non-dis - tinctive signs may be registered only if the applicant proves that, by serious use, the sign became recog - nisable in the channels of commerce of goods/ser - vices that it refers to. 2.3 Trade Mark Rights Trade mark owners enjoy exclusive rights throughout the term of protection to use the mark for the regis - tered goods/services, and to prohibit third parties from using identical signs for identical or similar goods/ser - vices, or identical/similar signs where there is a likeli - hood of confusion. This includes use on goods and packaging, and in commerce, import/export, storage and advertising. These rights also apply to trade mark applications from the filing date, on the condition that they are registered. 2.4 Use in Commerce Trade mark use is not required for registration.
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