General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 88,361 sq. km.
Population: 10,500,000 inhabitants (estimated 2006).
Capital: Belgrade, with 1,600,000 inhabitants.
Language: Serbian, may be written in both the Latin and Cyrillic alphabet.
Currency: Yugoslav dinar.

GENERAL REMARKS

Since 1991, the Federal Republic of Yugoslavia (FR Yugoslavia) consisted of Serbia and Montenegro. The name was officially changed to Serbia and Montenegro on February 4, 2003. The Patent Office of the former Yugoslavia continued to operate as the Intellectual Property Office of the FR Yugoslavia (since 1992), and then of Serbia and Montenegro (as of 2003). Applications filed prior to the dissolution of the former Yugoslavia remained valid in the FR of Yugoslavia and need not be revalidated. The rights continued to be valid in Serbia and Montenegro.

The Federation of Serbia and Montengro ceased to exist on June 3, 2006, further to the declaration of independence of the Republic of Montenegro adopted on May 21, 2006. The successor state of ex-Federation of Serbia and Montenegro is Serbia. The filling of new application or re-registration of the former Serbia and Montengro IP rights has not yet been regulated and the the National IP office as not yet been established in Montenegro.

A set of three new industrial property Laws: Patent Law, Trademark Law, Law on protection of Designs adopted in 2004 continue to be valid in Serbia.

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Patents of Invention

LEGAL BASIS

• Patent Law, passed on July 2, 2004, in force since July 10, 2004.
• Rules on Procedure for Protection of Inventions, passed on December 24, 2004, in force since January 1, 2005.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Strasbourg Agreement concerning International Patent Classification, since March 24, 1971.
• Patent Cooperation Treaty (PCT), as of February 1, 1997.
• European Patent Convention – designation of Serbia and Montenegro possible as of November 1, 2004.

FILING REQUIREMENTS

• Power of Attorney, no legalization (can be subsequently filed);
• Specification, claims (German type) and abstract;
• Drawings, if any;
• 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 within a three-month term following the application date).

REMARKS

National Phase of PCT: under Chapter I: 20 months (21 with additional fee); under 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.

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Trade and Service Marks

LEGAL BASIS

• Trademark Law, passed on December 24, 2004, in force since January 1, 2005.
• Rules on procedure for acknowledgement of trademark rights, in force since February 17, 1996.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol.
• Hague Agreement on the Exemption of Foreign Documents from Consular Legalization, 1961.
• Nice Agreement concerning the International Classification of Goods and Services.

FILING REQUIREMENTS

• Power of Attorney, not legalized (can be subsequently filed);
• 10 prints (except for word marks), size: min. 3 x 5 cm, 8 x 8 cm; 7 color specimens and 5 black and white prints for marks in color;
• 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 combination. Service marks are registrable. Besides the original version, filing of wordmark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the publication date may lead to cancellation.
Duration - renewals: 10-year period after the filing date or last renewal date.
Opposition: not provided for. Interested persons can only notify the IP Office about the existence of an identical or similar sign or other reasons for refusal.

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Industrial Designs

LEGAL BASIS

• Law on Protection of Designs, passed on December 24, 2004, in force since January 1, 2005.
• Rules on Procedure for Acknowledgement of the Right to a Model/Design, in force since February 17, 1996.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Hague Agreement on the Exemption of Foreign Documents from Consular Legalization, 1961.

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;
• 3 photographs or 3 drawings, size 16 x 16 cm;
• Priority certificate, if any.

REMARKS

Duration - renewals: after formal and complete examination: 25 years from the filing date.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

• ccTLD: (no dot at the end)
• Applicant: legal entities and independent professionals from Serbia and Montenegro.
• Local Presence: required (representative office or a branch of a foreign company).

REMARKS

Duration - renewals: unlimited.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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