IP Law in Serbia

Patent protection in Serbia is governed by the Law on Patents (“Official Gazette of the Republic of Serbia”, Nos. 99/2011, 113/2017 – other law, 95/2018, 66/2019 and 123/2021), as well as applicable international treaties, including the European Patent Convention and the Patent Cooperation Treaty (PCT).

A patent is an exclusive right granted for an invention in any field of technology, provided that the invention is new, involves an inventive step and is susceptible of industrial application. Patentable inventions may relate to products or processes, including inventions in engineering, chemistry, pharmaceuticals and biotechnology.

Because public disclosure may affect novelty, it is important to consider the timing of intellectual property protection before publishing details of an invention.

Certain subject matter is excluded from patentability, including discoveries, scientific theories, mathematical methods, aesthetic creations, methods for doing business, computer programs and presentations of information, insofar as the application relates to such subject matter or activities as such.

Additional exclusions apply to inventions whose commercial exploitation would be contrary to public order or morality, certain methods of medical treatment and diagnosis, and plant or animal varieties, subject to statutory exceptions.

The right to obtain a patent generally belongs to the inventor or their legal successor. Special rules apply to inventions created in the course of employment, including circumstances in which the employer is entitled to acquire patent protection.

A patent grants its holder the exclusive right to exploit the protected invention commercially and to prevent unauthorized third parties from manufacturing, using, offering for sale, placing on the market or importing products covered by the patent, subject to statutory limitations.

Patent rights may be assigned, licensed or transferred through inheritance, corporate restructuring or other legally recognized means.

Patent protection lasts for 20 years from the filing date, provided that the prescribed maintenance fees are paid. Supplementary protection may be available for certain medicinal and plant protection products under the conditions prescribed by law.

Serbian law also provides protection through petty patents, which are available for certain product inventions that satisfy the requirements of novelty, inventive step and industrial applicability. Petty patents cannot protect certain categories of inventions, including biotechnological inventions, substances, medicines, plant varieties, animal breeds and processes.

Unlike standard patents, petty patents are granted without substantive examination of patentability. Consequently, judicial enforcement of a petty patent requires a certificate of examination issued by the Intellectual Property Office following substantive examination of the granted right.

Petty patents are protected for 10 years from the filing date, subject to payment of the applicable maintenance fees.

Patent protection is territorial. Foreign applicants may seek protection in Serbia through national patent applications, European patents validated in Serbia or international applications under the PCT system that enter the national phase. The PCT system facilitates international patent filings but does not itself grant a worldwide patent.

Trademark protection in Serbia is governed by the Law on Trademarks (“Official Gazette of the Republic of Serbia”, No. 6/2020), together with applicable regulations and international treaties, including the Madrid Agreement and the Protocol Relating to the Madrid Agreement.

A trademark protects a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. Protectable signs may consist of words, personal names, drawings, letters, numbers, colours, three-dimensional shapes, sounds or combinations of these elements, provided that they meet the statutory requirements.

Registration of a business name or an internet domain does not automatically confer trademark protection.

Serbian law recognizes individual trademarks, collective trademarks and guarantee trademarks.

Trademark protection may be obtained through a national application filed with the Intellectual Property Office of the Republic of Serbia or through an international registration designating Serbia under the Madrid System.

A trademark application must identify the sign and specify the goods or services for which protection is sought, in accordance with the applicable Nice Classification.

The Intellectual Property Office examines whether the application complies with formal requirements and whether statutory grounds for refusal exist. These include absolute grounds, such as a lack of distinctiveness, descriptive character, misleading signs or signs contrary to public order or morality, as well as certain relative grounds involving earlier trademarks and other protected rights.

The Office also examines conflicts with earlier trademark applications and registrations. An applicant may be invited to respond to objections, provide supporting evidence or limit the list of goods and services where permitted by law.

Applications that satisfy the relevant requirements are published in the Official Gazette of Intellectual Property. Holders of qualifying earlier rights may file an opposition within three months from the publication date. An opposition may concern all or only some of the goods or services covered by the application.

Depending on the circumstances, a trademark application may be accepted in full, accepted for a limited list of goods or services, or refused.

A registered trademark grants its holder the exclusive right to use the protected sign in relation to the goods or services covered by registration. The holder may prevent unauthorized commercial use of identical or similar signs where the statutory conditions for infringement are met, including circumstances involving a likelihood of confusion.

The scope of protection against product copying depends on the rights acquired and the circumstances of each case.

Trademark rights may be assigned, licensed or transferred through other legally recognized transactions. Trademark holders may also seek judicial protection against infringement, including injunctions and compensation for damages.

Trademark protection lasts for 10 years from the filing date and may be renewed indefinitely for successive periods of 10 years.

A registered trademark may be revoked for non-use where it has not been genuinely used for the relevant goods or services during the statutory period of five years, unless justified reasons for non-use exist.

Serbia is a member of the Madrid System administered by the World Intellectual Property Organization (WIPO). International trademark holders may designate Serbia when seeking protection, subject to examination under Serbian trademark law.

Protection obtained through a European Union trademark does not automatically extend to Serbia, which is not a member of the European Union.

Industrial design protection in Serbia is governed by the Law on Legal Protection of Industrial Design (“Official Gazette of the Republic of Serbia”, Nos. 104/2009, 45/2015 and 44/2018 – other law), together with applicable regulations and international treaties, including the Hague Agreement Concerning the International Registration of Industrial Designs.

An industrial design protects the external appearance of a product or part of a product, resulting from features such as lines, contours, colours, shape, texture, materials or ornamentation.

Protection may apply to two-dimensional and three-dimensional designs, including packaging, furniture, clothing, consumer products, graphic symbols, typographic typefaces and other industrial or handicraft items.

To qualify for protection, an industrial design must be new and possess individual character.

An industrial design is considered new if no identical design has been made available to the public before the relevant filing or priority date, subject to statutory exceptions. Designs are considered identical where their features differ only in immaterial details.

Individual character exists where the overall impression produced on an informed user differs from that produced by earlier designs. The designer’s degree of freedom in developing the design is taken into account when assessing individual character.

Features of a product’s appearance dictated solely by its technical function are excluded from protection. Specific statutory rules also apply to designs incorporated into complex products and to features necessary for mechanical connections.

The right to industrial design protection generally belongs to the designer or their legal successor, subject to special provisions concerning designs created in the course of employment.

Industrial design rights are acquired through registration with the Intellectual Property Office of the Republic of Serbia.

A registered industrial design grants its holder the exclusive right to use the protected design and prevent unauthorized commercial exploitation, including manufacturing, offering, marketing, importing or exporting products incorporating the design, subject to statutory limitations.

Industrial design rights may be assigned, licensed or otherwise transferred in accordance with Serbian law.

Industrial design protection lasts for an initial period of five years from the filing date and may be renewed for successive five-year periods, up to a maximum of 25 years.

International protection may also be sought through the Hague System administered by WIPO, subject to the rules and requirements applicable to the designated jurisdictions.

The protection of geographical origin in Serbia is governed by the Law on Indications of Geographical Origin (“Official Gazette of the Republic of Serbia”, Nos. 18/2010 and 44/2018 – other law), together with applicable regulations and international treaties.

Indications of geographical origin are used to identify natural, agricultural, food and industrial products, traditional handicraft products and services whose origin is associated with a particular geographical area.

Serbian law distinguishes between appellations of origin and geographical indications.

An appellation of origin identifies a product originating from a particular country, region or locality whose quality and specific characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors, and whose production, processing and preparation take place within the defined geographical area, subject to statutory exceptions.

A geographical indication identifies a product originating from a particular geographical area where a specific quality, reputation or other characteristic is essentially attributable to its geographical origin, and where the relevant production, processing or preparation takes place within that area.

Protection generally involves two separate procedures before the competent authority: registration of the indication of geographical origin and recognition of the status of an authorized user.

Registration establishes the protected indication, while recognition of authorized-user status allows qualifying producers or other eligible persons to use the indication commercially in accordance with the applicable requirements.

Only authorized users satisfying the prescribed conditions may commercially use a protected indication of geographical origin.

Unauthorized use of a protected appellation of origin or geographical indication may constitute an infringement and give rise to legal remedies.

Special legislation applies to certain categories of products, including wines and spirits, where the acquisition, use and protection of geographical indications are governed by sector-specific regulations.

The protection of semiconductor topographies in Serbia is governed by the Law on the Protection of Topographies of Semiconductor Products (“Official Gazette of the Republic of Serbia”, Nos. 55/2013 and 66/2019).

A semiconductor topography represents the three-dimensional arrangement of layers and interconnected elements forming a semiconductor product.

Protection is available where the topography results from its creator’s intellectual effort and is not commonplace in the semiconductor industry. A combination of commonly known elements may qualify for protection if the combination, considered as a whole, meets these requirements.

Protection relates to the topography itself and does not extend to underlying concepts, processes, systems, manufacturing techniques or information embodied in the topography.

The right to protection generally belongs to the creator or their legal successor. Where a topography is created in the course of employment, special rules determine the entitlement to protection, subject to applicable contractual arrangements.

The holder of exclusive rights may prohibit unauthorized reproduction of the protected topography or its essential parts, as well as certain forms of commercial exploitation, including the importation and distribution of semiconductor products incorporating the protected topography.

Exclusive rights arise on the date of the first commercial exploitation of the topography anywhere in the world or on the recognized filing date of the application, whichever occurs earlier.

An application must be filed within two years from the first commercial exploitation of the topography anywhere in the world. Where the topography has not been commercially exploited, an application cannot be filed more than 15 years after its creation.

Protection expires at the end of the calendar year in which 10 years have elapsed from the commencement of the exclusive rights.

Rights relating to semiconductor topographies may be assigned or otherwise transferred in accordance with applicable legislation.

Copyright protection in Serbia is governed by the Law on Copyright and Related Rights (“Official Gazette of the Republic of Serbia”, Nos. 104/2009, 99/2011, 119/2012, 29/2016 – Constitutional Court decision, and 66/2019), together with applicable international treaties, including the Berne Convention and relevant WIPO treaties.

Copyright protects original intellectual creations expressed in a particular form, regardless of their artistic or scientific value, purpose, size or manner of expression.

Protected works may include literary works, musical compositions, films, photographs, computer programs, architectural works, artistic works, databases and other original intellectual creations meeting the statutory requirements.

Copyright protection also extends to certain adaptations, translations, collections and other derivative works, provided that the applicable conditions are satisfied and the rights in the underlying works are respected.

Copyright arises automatically upon creation of the work. Registration or other formalities are not required for copyright protection to exist.

The author is generally the natural person who created the work. Serbian copyright law recognizes both moral and economic rights of authors.

Moral rights protect the author’s personal relationship with the work, including the right to be recognized as the author and the right to protect the integrity of the work. Moral rights cannot be transferred by contract.

Economic rights enable the author or another authorized rights holder to control the commercial exploitation of the work, including reproduction, distribution, adaptation, public performance, broadcasting and communication to the public, subject to statutory exceptions and limitations.

Economic rights may be licensed or assigned through copyright agreements, including exclusive and non-exclusive arrangements, in accordance with applicable statutory requirements.

As a general rule, economic copyright protection lasts for the author’s lifetime and 70 years after their death. Special rules apply to certain categories of works and related rights.

Related rights provide protection to performers, phonogram producers, film producers, broadcasting organizations, database producers and other persons recognized by law.

Copyright infringement may arise from unauthorized reproduction, distribution, adaptation, communication to the public or other acts interfering with the exclusive rights of the rights holder.

Copyright holders and other persons entitled under the law may seek judicial protection, including a declaration of infringement, injunctions, compensation for damages, measures concerning infringing materials and publication of court decisions, where the statutory conditions are satisfied.

Foreign authors and rights holders may enjoy protection in Serbia in accordance with Serbian legislation and applicable international treaties.

For legal advice on the protection and enforcement of intellectual property rights in Serbia, visit our IP Desk or contact our lawyers.