Serbia
GENERAL INFORMATION
Area: 88,361 sq. km.
Population: 6.69 million (2023).
Capital: Belgrade.
Language: Serbian.
Currency: Serbian dinar.
GENERAL REMARKS
Serbia is a successor state of the Federal Republic of Yugoslavia, the country which officially changed its name to the Union of Serbia and Montenegro on February 4, 2003, and was then dissolved into two separate countries on June 3, 2006. Industrial property rights registered or applied for registration in former Yugoslavia or in the Union of Serbia and Montenegro were recognized in Serbia without revalidation.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law, passed on December 26, 2011, in force since January 4, 2012.
- Rules on Contents of Certificates, Applications and Requests in the Procedure for the Protection of Inventions, and on Filing of Applications and Publication of Inventions, published in the Official Gazette “Sluzbeni glasnik RS” No. 78/2019 of November 1, 2019, in force since November 9, 2019.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Patent Cooperation Treaty (PCT), since February 1, 1997.
- European Patent Convention – designation of Serbia possible since October 1, 2010.
FILING REQUIREMENTS
- Power of Attorney, no legalization (can be subsequently filed);
- Specification (EPO type) and abstract;
- Drawings, if any, in triplicate;
- Certified copy of the priority application(s) if any;
- The applicant’s Declaration on the legal basis for filing the application in his name (can be filed subsequently).
REMARKS
National Phase of PCT: under Chapter I and Chapter II : 30 months (31 with additional fee).
Validity: issued after a formal and full examination – valid for 20 years.
Annuities: are due for the third and each following year for patent applications and patents counting from the filing date.
Opposition: not provided for.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trademark Law, passed on January 24, 2020, in force since February 1, 2020.
- Rules on Content of Register of Trademarks, on Content of Requests, Oppositions and Proposals to be Submitted in the Procedure for Acknowledgement and Protection of Trademarks, and on Data, in force since March 29, 2021.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Madrid Agreement, Stockholm Act, since April 27, 1992.
- Madrid Protocol, since February 17, 1998
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be subsequently filed);
- 3 prints (except for word marks), size: min. length 1.5 cm, max. 8 x 8 cm;
- List of goods and services; grouped according to the International Classification;
- Priority Certificate, if any.
REMARKS
Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combinations. Service marks are registrable. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period from the registration date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: possible as of February 1, 2020. After the trademark is examined on absolute and relative grounds, it is published in the Official Gazette for opposition purposes. Interested persons may oppose the trademark within three months from publication.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law on Protection of Industrial Designs, in force since December 24, 2009, as amended on May 22, 2015, effective May 30, 2015.
- Rules on Procedure for Acknowledgement of the Right to Industrial Designs, passed on June 17, 2010, in force since July 3, 2010.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Hague Agreement, Stockholm Act, since December 30, 1993, Geneva Act, since December 9, 2009.
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be subsequently filed);
- Applicant’s Declaration;
- Specification of the design without claim, but the novelty has to be pointed out in the specification;
- Photographs or drawings in duplicate, max. size 16 x 16 cm;
- Priority certificate, if any.
REMARKS
Duration: after formal and complete examination: 25 years from the filing date.
Renewals: payable in 5-year intervals.
Opposition: not provided for. Interested persons can notify the IP Office that the application for a design does not fulfill the legal requirements and submit evidence in support.
DOMAIN NAMES
LEGAL BASIS
- Regulations on launching the rsTLD Register and closing the yuTDL Register, passed on and in force since October 26, 2007.
- Regulations on launching the .срб TDL Register (srb in Cyrillic), passed on and in force since May 28, 2011, amended on December 24, 2011.
- Regulations on the general conditions for registration of national Internet domain names,passed on May 28, 2016, in force since July 12, 2016.
FILING
- ccTLD: .rs and .срб (.srb in Cyrillic)
- Applicant: individuals and legal entities.
- Local presence: not required (foreign registrants must, however, provide a local administrative contact).
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: available (variation of UDRP) before the Serbian Chamber of Commerce and Industry.
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