Patents

This field of Intellectual property is regulated by The Patent Law (“Official Gazette of the Republic of Serbia“, no. 99/2011 and 113/2017 – hereinafter referred to as: the „ Patent Law“), the Agreement between the Federal Government of the Federal Republic of Yugoslavia and the European Patent Organization on Cooperation in the field of Patents — Co-operation and Extension Agreement ("Official Gazette of Serbia and Montenegro - International Agreements“, no. 14/2004), Law on the Ratification of the Strasbourg Agreement Concerning the International Patent Classification (Strasbourg, 1971, as amended in 1979) ("Official Gazette of the Republic of Serbia - International Agreements", no. 42/2009, Law on the Ratification of the Patent Law Treaty ("Official Gazette of the Republic of Serbia - International Agreements", no. 19/2010), Law on the Ratification of the Convention the Grant of European Patents (European Patent Convention) from October 5th, 1973, with the amendments of article 63 of the European Patent Convention from December 17, 1991, and amendments from November 29th, 2000 ("Official Gazette of the Republic of Serbia - International Agreements", no. 5/2010).

A patent is a right granted for an invention in any field of technology, which is new, involves an inventive step and is susceptible of industrial application. The subject matter of an invention protected by a patent may be a product, a process, use of a product or use of a process. A patent shall also be granted for an invention of a product consisting of or containing biological material, or the process of which biological material is produced, processed or used, including: (i) a biological material isolated from its natural environment or produced by means of a technical process, even if it previously occurred in nature; (ii) plants or animals, if the technical feasibility of the invention is not confined to a particular plant or animal variety; (iii) a microbiological or other technical process or a product obtained by means of such a process.

Within the terms of Patent Law, biological material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. The following, in particular, shall not be regarded as inventions, within the terms of Patent Law: (i) discoveries, scientific theories and mathematical methods; (ii) esthetic creations; (iii) schemes, rules and methods for performing mental acts, playing games or doing business; (iv) computer programs, and (v) presentations of information. Subject matter or activities referred to in this paragraph shall be excluded from patentability only to the extent to which the application for a patent relates to the subject matter or activity as such.

The human body, at any stage of its formation and development, and the simple discovery of one of its elements, including sequences or partial sequences of genes, shall not be regarded as an invention that can be protected by a patent. An element isolated from the human body or produced by means of a technical process, including the sequences or partial sequences of genes, may be patentable, even where the structure of that element is identical to that of a natural element. The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application on the day of its filing.

A patent or a petty patent shall not be granted in respect of: (i) inventions whose commercial use would be contrary to public order or morality providing that the use would not be considered contrary to public order or morality only because it is prohibited by law or any other regulation, particularly in respect of: (a) processes for cloning human beings; (b) processes for modifying of the genetic identity of germ cells of human beings; (c) uses of human embryos for industrial or commercial purposes; (d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes; (ii) inventions concerning methods for treatment by surgery or diagnostic methods or therapy practiced directly on the bodies of humans or animals, provided that this provision shall not apply to products or substances and compositions for use in any of these methods; (iii) a plant or animal variety or an essentially biological process for the production of a plant or animal, provided that this provision shall not apply to microbiological processes or the products obtained by means of such process.

Essentially, a biological process for the production of plants or animals is a process that consists entirely of natural phenomena such as crossing or selection. A microbiological process is any process involving or performed upon or resulting in microbiological material. Plant variety referred to in item (iii) means any plant grouping within a single botanical classification of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant breeders’ rights are fully met, can be: (a) defined by the expression of the characteristics that results from a given genotype or combination of genotype, (b) distinguished from any other plant grouping by the expression of at least one of the said characteristics, (c) considered as a unit with regard to its suitability for being propagated unchanged;

An invention shall be considered to have been made in the course of employment if it constitutes: (i) an invention made by an employee in the course of their regular duties or specially assigned tasks concerning scientific and technical research and development, as well as an invention made under a research contract concluded with the employer; (ii) an invention which does not fall under the provisions of item (i) but is made by an employee related to the activities of his employer or with the use of material and technical facilities, information and other conditions provided by the employer; (iii) an invention made by an employee within a period of one year from the termination of their employment, which would be an invention under items (i) or (ii) if it had been made during the employment.

The right to protection of an invention belongs to the inventor or their legal successor, or in cases prescribed by the Patent Law, to the employer or their legal successor. If an invention is the result of the joint effort of a number of inventors they have a joint right to protection. A person rendering technical assistance to an inventor shall not be considered to be an inventor.

A foreign natural and legal person who has no seat or residence in the Republic of Serbia, shall, in relation to the protection of invention in the Republic of Serbia, enjoy the same rights as domestic natural and legal persons, where such treatment derives from international treaties binding the Republic of Serbia.

The owner of a patent or petty patent shall have the exclusive right to: (i) use the protected invention in production; (ii) place products made by the protected invention on the market; (iii) dispose of the patent or petty patent.

In exercising their exclusive right to the commercial use of a protected invention, the owner of a patent or petty patent shall have the right to prevent any third party not having their explicit consent from: (i) making, offering for sale, placing on the market or using the product made by means of the protected invention or from importing or storing the product for such purposes; (ii) using the patented process; (iii) offering the patented process for sale; (iv) producing, offering for sale, placing on the market, using, importing or storing for such purposes a product directly obtained by the patented process; (v) offering for sale or supplying products that constitute essential elements of an invention to parties unauthorized to use such invention, if the bidder or supplier knows or has demonstrable grounds to know that such products are intended for the use of an invention owned by someone else.

The right holder or holder of an exclusive license shall be entitled to infringement action against any person infringing their right by means of any unauthorized action.

The assignment of right to file the application, rights arising from the application, right on patent or petty patent may be either in whole or in part the consequence of an assignment-license agreement, a change of status of the applicant or right holder, as well as inheritance, court or an administrative decision.

A patent or petty patent shall be obtained on publication of the mention of its grant in the Official Gazette issued by the competent authority and shall have effect as of the filing date of the application.

The difference between a patent and a petty patent lies in the following: (i) the subject matter of an invention protected by a patent may be a product, a process, use of a product or use of a process. The subject matter of an invention protected by a petty patent can exclusively be a solution relating to the structure of a product or the layout of its components, (ii) the duration period: the term of patent shall be 20 years from the filing date of the application, while the term of petty patent shall be 10 years from the filing date of the application, (iii) the grant procedure: a petty patent application will not be published, a search report will not be drawn up and the subject matter of the invention claimed in the application shall not be examined as to novelty, inventive step or susceptibility to industrial application.

The protection of the invention outside the territory of the Republic of Serbia can be accomplished by filing only one international application with the Intellectual Property Office of the Republic of Serbia, to request protection in more countries that are part of the PCT treaties (total of 144 countries) in which the applicant intends to protect their invention.

Trademarks

This field of Intellectual property is regulated by The Law on Trademarks (“Official Gazette RS”, No. 104/2009, 10/2013 i 44/2018 - hereinafter referred to as: the „ Trademarks Law“), Regulation on the content of the registers of trademark applications and registered trademarks, of the requests that are filed in the procedure of trademark registration and data which are published in the official gazette of the competent authority ( "Official gazette of the Republic of Serbia" , No. 43/2010 and 44/2018), International classification of goods and services (Nice Agreement), International classification of the figurative elements of Marks (Vienna Agreement), Madrid Agreement on the International Registration of Trademarks, Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Nairobi Treaty on the Protection of the Olympic Symbol, Trademark Law Treaty, Singapore Treaty on the Law of Trademarks, Methodology of Intellectual Property Office Procedure for the grant of Trademarks and for the Procedure Concerning the Registered Trademarks.

Any sign capable of being represented graphically, may be protected by the trademark, provided that such signs are capable of distinguishing in the course of trade the goods or services of one natural or legal person from the goods and/or services of another natural or legal person.

A sign may be comprised, inter alia, of the following: words, slogans, letters, numbers, images, drawings, combinations of colors, three-dimensional shapes, combinations of such signs, as well as of graphically presentable musical notes.

A trademark can be protected as an individual, collective or certification trademark. An individual trademark is a trademark owned and used by trademark holder (owner). A collective trademark is a trademark of a legal person representing a certain type of association of manufacturers and/or providers of services, which may be used by persons who are members of such association, under certain conditions. A certification trademark is a trademark that is used by several companies under supervision of the trademark holder, as a warranty of quality, geographic origin, manner of manufacturing or other common characteristics of the goods and/or services provided by such companies.

A trademark shall not be used to protect a sign that: (i) is contrary to public policy or to accepted principles of morality; (ii) has a general appearance that does not enable goods and/or services to be distinguished in the course of trade; (iii) consists exclusively of the shape which results from the nature of the goods themselves, or the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods; (iv) consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services; (v) has become customary in the current language or in the bona fide and established practices of the trade; (vi) is likely, due to its representation or content, to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services; (vii) contains official signs or hallmarks of quality control or warranty, or imitations thereof; (viii) is identical with a protected trademark for identical goods and/or services; (ix) is identical to an earlier protected trademark of another person for a similar type of goods and/or services, or which is similar to an earlier protected trademark of another person for an identical or similar type of goods and/or services, if such identicalness and/or similarity are likely to cause confusion in the relevant part of the public, including the likelihood of association of that trademark with the earlier protected trademark; (x) is identical or similar to a sign of another person for identical or similar goods and/or services, which is well-known in Serbia within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property (hereinafter: "well-known trademark"); (xi) regardless of the goods and/or services concerned, is a reproduction, imitation, translation or transliteration of a registered trademark of another person, or the essential segment thereof, which is known without any doubt to those participating in the commerce in as a trademark of widespread reputation (hereinafter; "famous trademark") used by other persons for marking their goods and/or services, if the use of such a trademark would result in an unfair benefit from the reputation acquired by the famous trademark or in harm to its distinctive character and/or reputation; (xii) by its appearance or content, infringes copyright or industrial property rights; (xiii) comprises of state or other public coat of arms, flag or other emblem, name or abbreviation of the name of a country or of an international organization, or imitations thereof, unless the competent authority of the country or organization concerned has given its authorization for such use; (xiv) represents or imitates a national or religious symbol.

A sign referred to in items (ii), (iv) and (v) may be protected as a trademark if the applicant for trademark registration proves that the serious use of such sign has rendered the sign capable of being distinguished in the trade in goods and/or services concerned. A protected trademark under items (viii), (ix) and (xi) shall be understood to mean a trademark for the territory of the Republic of Serbia, while a protected trademark under items (viii) and (ix) shall be understood to mean a trademark which is the subject of a trademark application for the territory of the Republic of Serbia, provided the trademark applied for on the basis of that application is granted. Where cases under item (ix), (x), (xi) and (xii) of are concerned, a sign may be granted trademark protection based on an explicit written approval by the holder of the earlier registered trademark. In establishing whether the sign under item (x) is a well-known trademark and/or whether the trademark under item (xi) is a famous trademark, the familiarity of the relevant part of the public with the trademark shall be taken into account, including their familiarity with the trademark as a consequence of promotional activities in respect of the trademark. The relevant part of the public shall be understood to mean the actual and the potential users of the goods and/or services designated by the trademark, as well as the persons involved in the process of distribution of the respective goods and/or services. The likeness or name of a person shall be protected as a trademark only with such person’s consent. The likeness or name of a deceased person shall be protected as a trademark only with consent of parents, spouse and children of the deceased person. The likeness or name of a historical person or other deceased famous person shall be protected as a trademark only with the authorization of the competent authority and the consent of such person’s relatives up to the third degree of kinship.

Foreign natural and legal persons in the Republic of Serbia shall enjoy the same rights with respect to the trademark protection as domestic natural and legal persons if such rights derive from international agreements or from the principle of reciprocity. The person claiming reciprocity shall have to prove its existence.

A trademark holder has the exclusive right to use a sign protected by a trademark for designating the goods and/or services the trademark refers to.

A trademark holder is entitled to prohibit other persons from illicitly using: (i) a trademark identical to an earlier protected mark of the trademark holder for goods and/or services which are identical to the goods and /or services the trademark is registered for; (ii) a trademark identical to an earlier protected trademark of the trademark holder for a similar kind of goods and/or services, or a trademark which is similar to the trademark holder’s earlier protected trademark for identical or similar kind of goods and/or services, if there is a likelihood of confusion among the relevant segment of the public due to such identicalness and/or similarity, including the likelihood of association of that trademark with the trademark holder’s earlier protected trademark.

The trademark holder shall also be entitled to prohibit the following: (i) affixing the protected trademark to the goods, the packaging for the goods or labeling instruments (labels, stickers, bottle stoppers, and the like); (ii) offering of goods, their placement into circulation or storage for such purposes, or supply of services under the protected trademark; (iii) importing or exporting the goods under the protected trademark; (iii) using the protected trademark in business documentation or in advertisements.

Any unauthorized use of a registered trademark or the sign applied for registration by any economic operator within the meaning of the above stated shall constitute an infringement of right.

An infringement action may be filed by a trademark holder, an applicant, the holder of a license, any user of the collective trademark, with the consent of the collective trademark holder and any user of the warranty trademark, with the consent of the warranty trademark holder. The holder of a license can file an infringement action for the infringement of right if it has not been prescribed otherwise by a license agreement.

A trademark and/or any rights arising from the application may be assigned to another person in respect to some or all the goods or services that are registered or applied for. The assignment of a trademark and/or rights arising from the application may be the consequence of an assignment-license agreement, a change of status of the trademark holder and/or the applicant, or a court or administrative decision.

Trademark is acquired when it is entered in the Trademark Register; it is valid for 10 years from the filing date and could be renewed unlimitedly.

The protection of the trademark outside the territory of the Republic of Serbia can be accomplished by filing just one international application with the Intellectual Property Office of the Republic of Serbia, to request protection in accordance with the Madrid Agreement and/or the Madrid Protocol.

Design

This field of Intellectual property is regulated by Law on Legal Protection of Industrial Design (“Official Gazette of the Republic of Serbia”, No. 104/2009, 45/2015 i 44/2018), Regulations on the content of the register of applications and register of industrial designs, content of requests filed in the procedure for the grant and protection of rights on industrial designs and data published in the official gazette of the competent body ( "Official Gazette of the Republic of Serbia", No 43/10 and 44/2018), The Hague Agreement Concerning the International Deposit of Industrial Designs (of 29 November, 1960), The Geneva Act (of July 2, 1999), and The Locarno Agreement Establishing an International Classification for Industrial Designs (of 8 October, 1968).

Industrial design shall mean three-dimensional or two-dimensional appearance of the entire product or a part thereof, defined by its features, in particular the lines, contours, colors, shape, texture and/or materials of the product itself or its ornamentation, as well as their combination. A product shall mean any industrial or handicraft item, including, inter alia, parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs. A complex product shall mean a product which is composed of multiple components which can be replaced, and which permit disassembly and reassembly of the product.

Industrial design shall be protected by the exclusive right (industrial design right) to the extent that it is new and has an individual character. Industrial design shall be considered new if no identical industrial design has been made available to the public before the date of filing of the application for registration or, if priority is claimed, the date of priority, or if there is no application for industrial right protection previously filed and subsequently made available to the public. Industrial designs shall be deemed to be identical if their features differ only in immaterial details. Industrial design shall be considered to have individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any other design which has been made available to the public before the date of filing of the application for registration or, if priority is claimed, the date of priority. In assessing individual character, the degree of freedom of designer in developing the industrial design of a specific product shall be taken into consideration.

Industrial design applied to or incorporated in a product which constitutes a component part of a complex product shall be considered to be new and to have individual character, only if: (i) the component part incorporated in the complex product remains visible during regular use of such complex product; and (ii) visible features of the component part themselves meet the requirements concerning novelty and individual character.

Industrial design right shall not subsist with respect to features of appearance of a product that are solely dictated by its technical function. Industrial design right shall not subsist with respect to features of appearance of a product that must necessarily be reproduced in its exact form and dimensions in order to permit the product to be mechanically connected to or placed in, around or against another product, so that either product may perform its function except in case when design enable multiple assembly or connection of mutually interchangeable products within a modular system. Industrial design cannot be used to protect the external look of the product, the publication of which or the use of which is contrary to the public order or the accepted moral principles.

The right to the industrial design protection has the designer, or their legal successor, or the employer in cases defined by the Law. Foreign natural and legal persons shall have rights with respect to industrial design protection equal to of national natural and legal persons, if it results from international agreements or from the reciprocity principle. Proof of the existence of reciprocity shall be provided by the person invoking reciprocity.

The industrial design right shall be acquired by entering into the Industrial Design Register and shall last for a period of 5 years from the filing date to the competent authority. Industrial design protection may be renewed for periods of 5 years each, up to a total term of 25 years from the date of filing of the application.

Assignment of industrial design rights and/or rights arising from the application may be the consequence of an assignment-license agreement, change of status of the holder of the industrial design right and/or the applicant, or based on the court or administrative decision.

The holder of rights concerning industrial design has the exclusive right to use the protected industrial design and to deny that right to every third party. The use of industrial design implies in particular the manufacturing, offering, marketing, import, export or use of that product, implying that design is embedded there or applied for that or stored for the mentioned purposes.

Any unauthorized exploitation of a registered industrial design within the meaning of the above stated and unauthorized publication of the subject matter of the application shall constitute an infringement of right.

Legal suit due to the infringement of right can be applied for by the applicant, holder of right to industrial design and the acquirer of the exclusive license. The holder of an exclusive license can file also an infringement action for the infringement of right if it has not been prescribed otherwise by a license contract.

The owner/holder of design right, that is the applicant for the registration of the design right, can submit a request for international registration of a design through the Intellectual Property Office of the Republic of Serbia, to obtain protection on the basis of the Hague Agreement Concerning the International Registration of Industrial Designs in the countries which are party to that Agreement.

Indications of geographical origin

This field of Intellectual property is regulated by the Law on Indications of Geographical Origin ("Official Gazette of the Republic of Serbia", No. 18/2010 and 44/2018), the Regulation on the content of application for registration of indications of geographical origin and applications for recognition of the status of authorized user of indication of geographical origin ("Official Gazette of the Republic of Serbia", No. 93/2010 44/2018), Lisbon Agreement on the Protection of Appellations of Origin and their International Registration, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods.

Indications of geographical origin shall be used to mark natural, agricultural, food and industrial products, traditional handicrafts products and services.

Appellation of origin shall be the geographical name of a region, locality, or country used to designate a product originating therein, the quality and specific characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors, and such product is produced, processed and prepared entirely within a specific geographical area.

Geographical indications shall be indications which identify particular goods as goods originating from the territory of specific country, region or locality within such territory, where a given quality, reputation or other characteristics of such goods can be essentially attributed to their geographical origin, and such goods are produced and/or processed and/or prepared within a definite geographical area.

Exceptionally, a product may be protected by appellation of origin, given that it possesses a proven traditional feature, is of high reputation and well known, even where raw material for production of such product originates from an area different from or broader than processing area, provided the area of production of raw material is definite and special requirements for producing such raw material are in place, as well as an inspection system ensuring supervision of meeting such special requirements. With regard to agricultural and food products, raw materials shall only be live animals, meat and milk.

Protection of the indication of the geographical origin unites two different procedures: procedure for the establishment of the indication of the geographical origin and procedure for the recognition of the status of the authorized user of the indication of the geographical origin.

If the indication of the geographical origin is being established for the first time before the Intellectual Property Office as a completely new right which has not been registered so far, the interested party shall initiate the procedure for the establishment of the indication of geographical origin.

If the indication of the geographical origin has already been established and recorded in the appropriate register, and if somebody wants to acquire the right to use that indication in the channels of commerce, they shall initiate the procedure for the recognition of the status of the authorized user of the indication of the geographical origin.

Any unauthorized use of appellation of origin or geographical indication by any economic operator shall be deemed to constitute infringement of registered appellation of origin or geographical indication.

Topographies of semiconducting products

This field of Intellectual property is regulated by the Law on the legal protection of Topography of Semiconductor Products ("Official Gazette of the Republic of Serbia", No. 55/2013).

The topography shall be protected by an exclusive right if it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry.

The exclusive rights enjoy the part of the protected topography that can be used separately, as well as the device (the main thing) that includes semiconductor product contains protected topography, if such semiconductor product cannot be separated from the main thing without its damage or destruction. The exclusive rights of the topography of semiconductor products shall not apply to any concept, process, system, technique of production of the topography, or any information embodied in the topography, but to the topography as such.

Right to protection shall apply in favor of natural person who is the creator of the topographies. Where several persons have jointly created a topography, the right shall jointly apply in favor of all of them. Where a topography is created in the course of the creator's employment, the right to protection shall apply in favor of the creator's employer unless otherwise provided by the employment contract.

The holder of exclusive rights (here and after: right holder) shall include the right to prohibit any third party without the authorization of the right holder any of the following acts: (i) reproduce the protected topography as a whole or its essential parts in any manner or in any form; (ii) commercially exploit, import for those purposes the topography or the semiconductor product containing protected topography, as well as the products incorporating the semiconductor product.

Exclusive right to topography may be, in whole or in part, subject of an assignment on the basis of an assignment contract, the status change in ownership, as well as inheritance, court and administrative decisions.

Copyrights and related right

This field of Intellectual property is regulated by The Law on Copyright and Related Rights (Official gazette of RS no. 104/2009, 99/2011, 119/2012 i 29/2016), The Law on Optical Discs (“Official Gazette RS”, No. 52/2011), Regulations on the conditions to be fulfilled the copies of copyright protected works and subject matter of related rights which are deposited, entry in the register and deposition of copyright protected works and subject matter of related rights and the contents of the registration of deposited copyright protected works and subject matter of related rights with the competent authority (“Official Gazette RS”, No. 45/2010), Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (1971), The WIPO Copyright Treaty (1996), The WIPO Performances and Phonograms Treaty (1996), The Berne Convention for the Protection of Literary and Artistic Works (of 9 September 1886), Universal Copyright Convention (of 6 September 1952), The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (“the Rome Convention”) - of 26 October 1961.

A work of authorship is an author’s original intellectual creation, expressed in a certain form, regardless of its artistic, scientific or some other value, its purpose, size, contents and way of manifestation, as well as the permissibility of public communication of its contents.

The following shall be deemed works of authorship in particular: (i) Written works (e.g. books, brochures, articles, translations, computer programs in any form of their expression, including their preparatory design material and other); (ii) Spoken works (lectures, speeches, orations, etc.); (iii) Dramatic, dramatic-musical, choreographic and pantomime works, as well as works originating from folklore; (iv) Works of music, with or without words; (v) Films (cinema and television); (vii) Fine art works (paintings, drawings, sketches, graphics, sculptures, etc.); (vii) Works of architecture, applied art and industrial design; (viii) Cartographic works (geographic and topographic maps); (ix) Drawings, sketches, dummies and photographs; (x) The direction of a theatre play.

An unfinished work of authorship, parts of a work of authorship, as well as the title of a work of authorship, shall be deemed a work of authorship.

Modifications of works of authorship shall be also deemed works of authorship, A work of modification shall be a work in which the characteristic elements of the modified (original) work (musical remixes, arrangements, adaptations and other) are recognizable.

A collection of the works of authorship, which in view of the selection and arrangement of its integral parts, (an encyclopedia, collection of works, anthology, selected works, music collection, photograph collection, graphic map, exhibition and the like), shall also be deemed a work of authorship. A collection of folk literary and artistic creations, as well as a collection of documents, court decisions and similar materials and database, shall also be deemed a work of authorship. The protection of a collection shall in no way restrict the rights of authors of the works constituting an integral part of the collection.

Any author shall enjoy moral and pecuniary rights with regard to his/her work of authorship from the moment of its creation.

An author is a natural person who has created a work of authorship (hereinafter: the work). An author shall be understood to mean a person whose name, pseudonym or mark is stated on copies of the work or is referred to on the occasion of publication of the work, until proven to the contrary. Exceptionally, the legal or natural person whose title and/or name is in the usual way displayed on the film work shall be considered as the producer of that work, until proven to the contrary. The author of the work shall be the holder of copyright. Besides the author, the holder of copyright may also be a person who is not an author but who has acquired the copyright.

The author’s work of the foreign citizens shall be protected the Republic of Serbia under the condition that: (i) the author is a person who whose copyright is recognized on the basis of an international agreement ratified by the Republic of Serbia and that there is (ii) reciprocity between Serbia and the author’s country.

The infringement of the copyright or related rights is the unauthorized performance of any act encompassed by the exclusive rights of the holder of copyright or related rights, not paying remuneration prescribed by the law or contract, as well as inobservance of other obligations due to the holder of copyright or related rights.

Any holder of copyright, performer, producer of a phonogram, producer of a video gram, producer of a broadcast, producer of a database and acquirer of exclusive license for copyright and related rights, may file a suit and request particularly the following: (i) Determination of the infringement of a right; (ii) Termination of the infringement of a right; (iii) Destruction or alteration of the objects instrumental to the infringement on rights, including copies of the subject-matter of protection, their packaging, stencils, negatives and the like; (iv) Destruction or alteration of the tools and equipment that has been used for production of the objects instrumental to the infringement of rights, if so is necessary for the protection of rights; (v) Compensation concerning material damages; (vi) Publication of the court decision at the defendant’s expense.

Any author and/or performer shall have the right to file a suit and request compensation for non-material damage for infringement of his/her moral rights.

Pecuniary rights shall last for the life of an author and 70 years after his/her death. Moral rights of an author shall last even after the expiration of his/her pecuniary rights.