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SWITZERLAND
EUROPE
CENTRAL / EASTERN EUROPE
EURASIA
ASIA
FURTHER TERRITORIES

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

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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More
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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