SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
6.3 Registration or Recording of an Assignment or Licence
likelihood of confusion, including association. Unau - thorised use includes affixing the sign to goods or packaging, placing such goods on the market, provid - ing services under the sign and importing, exporting, transiting, storing or using the sign in business docu - mentation or advertising. Infringement may also arise at a preparatory stage. Similar claims are available in copyright cases, includ - ing destruction or removal of infringing items, publi - cation of the judgment and disclosure of information on the third parties involved. Serbian law does not use categories such as direct, contributory or vicari - ous infringement, but actions may also be brought against intermediaries whose services facilitated the infringement. Copyright or related rights infringement consists of any unauthorised performance of acts falling within the exclusive rights of the holder of the right, failure to pay remuneration prescribed by law or contract, as well as non-compliance with other obligations attrib - utable to the holder of the right. Cyber-Squatting Disputes concerning registered national domain names (.RS and.СРБ) are resolved through an admin - istrative dispute resolution procedure before the Ser - bian Chamber of Commerce. The procedure does not exclude the parties’ right to initiate court proceedings. 7.3 Factors in Determining Infringement In determining whether the use of a sign constitutes trade mark infringement, the following factors are con - sidered: • the existence of a valid trade mark right (or rights arising from an application); • unauthorised use of a sign; and • the similarity of signs and goods/services. If both the sign and the goods/services are identical, infringement may be found without proving likelihood of confusion. Otherwise, the decisive factor is likeli - hood of confusion (including association). Copyright infringement arises where a work is used without authorisation, required remuneration is not
Recordal in the Trademarks Register of assignments and licences is not mandatory. However, it is advisable in order to produce effects towards third parties; if not recorded, they may not be enforceable against third parties acting in good faith and relying on the Reg - ister, or because subsequent transfer of rights can - not be recorded without recording the entire chain of transfers. 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits An infringement action has to be filed within three years from the date on which the plaintiff became aware of the infringement and the infringer, but no later than five years from the date of the infringement, or from the last act of infringement in cases of continu - ous infringement. 7.2 Legal Claims for Infringement Lawsuits and Their Standards Plaintiffs in a trade mark infringement action may be entitled to: • a determination of infringement; • cessation and prohibition of further infringement; • compensation for damages; • publication of the judgment at the defendant’s expense; • confiscation of infringing objects; and • removal from commerce and destruction or con - fiscation of infringing goods and materials used for their production. The full scope of infringement claims is available to owners of registered trade marks, as well as to holders of well-known marks. Trade mark infringement consists of any unauthorised use falling within the exclusive rights of the proprietor, in particular use of an identical sign for identical goods or services or use of an identical or similar sign for identical or similar goods or services where there is a
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