Overview of the Legal Framework

Serbia’s IP system is based on a set of specialised statutes, mainly including:

• Trademark Law — Trademark Law (Official Gazette of RS No. 6/2020);

• Patent Law — Patent Law (Official Gazette of RS No. 99/2011, as amended 2019);

• Industrial Design Law — Law on Legal Protection of Industrial Design (Official Gazette of RS No. 104/2009);

• Copyright and Related Rights Law — Law on Copyright and Related Rights (Official Gazette of RS No. 104/2009, as amended 2019);

• Geographical Indications Law — Law on Geographical Indications (Official Gazette of RS No. 18/2010).

Competent authority:

• IPO Serbia (Intellectual Property Office of the Republic of Serbia).

Serbia is a party to WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS, and participates as an observer state to the European Patent Convention (EPC).

International Cooperation and Regional Integration

• Serbia is a member of WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS;

• It maintains technical and examination cooperation mechanisms with EUIPO, EPO and WIPO;

• Trade marks can be protected through the Madrid System, and designs through the Hague System, by designating Serbia;

• Serbia is implementing the national IP strategy “Serbia IP Strategy 2021–2030”, strengthening digitalisation and innovation-driven development.

Trademark System

Filing Routes

• National applications can be filed directly with IPO Serbia for protection in Serbia;

• International registrations may designate Serbia via the Madrid System (Madrid Protocol, since 1997).

Classification

• Serbia applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination Procedure

• Formal examination: approximately 1–2 months;

• Substantive examination: approximately 6–9 months;

• Opposition period: third parties may file oppositions within 3 months from the publication date.

Use and Renewal

• Registration term: 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may lead to revocation.

Examination Features

• Examination language is Serbian;

• Examiners focus on distinctiveness, similarity and conflicts with earlier rights;

• Collective marks and certification marks can be registered.

Patent System

Types of Protection and Term

• Patent: 20 years from the filing date;

• Petty patent: 10 years from the filing date.

Examination Mechanism

• Invention patents are examined under a substantive examination system;

• The request for substantive examination must be filed within 3 years from the filing date;

• Average examination time is around 2–4 years.

International Routes

• Serbia is a PCT contracting state (since 1997);

• PCT international applications may enter the Serbian national phase;

• Although Serbia is not an EPO member state, it cooperates with EPO through technical agreements and documentation exchange.

Key Features

• Examination language is Serbian (an English abstract may be required);

• First-to-file principle applies;

• Granted patents must be maintained by paying annual renewal fees;

• Serbia allows the extension of European patents to its territory;

• Pharmaceutical and biotechnology patents may benefit from Supplementary Protection Certificates (SPCs).

Industrial Design Protection

Legal Basis

• Law on Legal Protection of Industrial Design (2009).

Scope of Protection

• The external appearance of a product, including shape, ornamentation, lines, colours, patterns and their combination;

• Applicable to both industrial and handicraft products.

Term of Protection

• 5 years from the filing date, renewable four times for further 5-year periods, up to a maximum of 25 years.

Examination Procedure

• Examination period: approximately 3–6 months;

• Examination language is Serbian;

• Formal examination only; creativity and individual character are not fully assessed at the registration stage.

Key Features

• One registration is effective throughout Serbia;

• Multiple designs may be included in a single application, subject to the relevant requirements;

• Serbia is a member of the Hague Agreement, and can be designated in international design registrations.