Foreword

If you are under impression of developments which have taken place during the last decade in Serbia & Montenegro, you may be surprised to find out that this country has modern legislation in the field of intellectual property protection. This is a consequence of the continuous official political determination for harmonization of domestic laws with the relevant international conventions and the European Union regulations. The process of harmonization which has been lasting from 1989 reached its most convincing results exactly in the field of intellectual property protection. Consequently, a foreign applicant or right holder in Serbia & Montenegro faces the legal position which is similar to that existing in most of other European countries.

The tradition of legal protection of intellectual property in Serbia & Montenegro is fairly long. It begins in 1883 when the Kingdom of Serbia (legal predecessor of Yugoslavia), together with 10 other states, signed in Paris the Convention for the Protection of Industrial Property, becoming therewith one of the founders of the Paris Union. In the Bern Union, founded by the Convention for the Protection of Literary and Artistic Works, Serbia & Montenegro have a continuous membership from as early as 1930.

Forms of intellectual property protection existing in Serbia & Montenegro today are:

• copyright
• neighboring rights
• patent
• trademark
• protection of industrial design
• protection of appellation of origin
• protection of topography of an integrated circle.

In addition there exists legal protection against unfair competition.

Most of laws concerning intellectual property protection have been passed during the period between 1995 and 1998. All of them are compatible with international conventions Yugoslavia is party to, as well as with those Serbia & Montenegro are intending to accede to.

Special administrative institution for the protection of intellectual property is Federal Office for Intellectual Property in Belgrade. This institution has tradition which goes back to 1921 in the Kingdom of Yugoslavia. The Office is authorized to proceed in matters concerning the grant, maintenance and cessation of industrial property rights, as well as to monitor the functioning of the system of copyright and neighboring rights. Foreign persons have the obligation to be represented before the Office by the domestic agent who has to be attorney in law or registered patent attorney.

Comparing the amounts of administrative fees which have to be paid for the proceedings before the Office and for the maintenance of rights in Serbia & Montenegro and in other countries, Serbia & Montenegro administrative fees are relatively modest.

For the infringement of intellectual property rights, civil and criminal sanctions are provided for. In Serbia & Montenegro civil court proceedings it is possible to claim preliminary injunction, multiple damage and compensation for immaterial damage.

Laws governing companies and foreign investments provide for that assets or part of company's property can consist of intellectual property rights and know-how that is treated as separate accountancy item.