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During the observed period, the Government reconsidered the strategic framework for intellectual property rights by adopting the Intellectual Property Development Strategy for the period 2018-2022 (Official Gazette of the RS, issue 78/2018), along with the action plan for the same period, after the previous ended for the period 2011-2015. The main goal of the new intellectual property development strategy is protecting intellectual property rights, i.e. protecting them before the courts, prosecutor’s offices, inspection organs, the police, and customs. The new strategy aims to support intellectual property development through the alignment of national legislation in this sphere with the EU’s acquis. The Strategy’s main objectives are:
Main objective 1: Harmonization of national and European legislation in the sphere of intellectual property.
Measures for achieving the main objective:
– Regulatory Measures:
1. Adoption of the Law on the Amendments to the Law on Copyright and Related Rights;
2. Adoption of the Law on the Amendments to the Law on Trademarks;
3. Adoption of the Law on the Amendments to the Law on Patents;
4. Adoption of the Law on the Amendments to the Law on Topography of Semiconducting Products;
5. Adoption of the Law on Special Powers for the Purpose of Efficient Protection of Intellectual Property Rights;
6. Adoption of the Law on Protection of Business Secrets;
7. The Republic of Serbia’s membership to international treaties on intellectual property rights—the Beijing Treaty on Audiovisual Performances and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
– Institutional Measures:
Strengthening formal institutional coordination among different stakeholder for the purpose of a more efficient protection of intellectual property rights.
Main objective 2: Improvement of intellectual property rights protection.
Three specific goals were set, each with their own measures:
- 2.1. Specific goal – Intellectual Property Protection as one of the Government’s major objectives
Measures for achieving specific goal 2.1:
1. Improving the process for gathering and analyzing statistical data on the outcomes of intellectual property rights protection conducted by organs in charge of intellectual property rights protection;
2. Expanding the scope of the fight against organized crime to crimes against intellectual property.
- 2.2. Specific goal – Institutionally strengthened organs in charge of protecting intellectual property rights.
Measures for achieving specific goal 2.2:
1) Creating or improving procedures, methodologies, studies, databases, and the like, for a more efficient work of authorities. This process can be aided by studies, publications, databases, and the like, which can be found on the website of the European Union Intellectual Property Office (EUIPO);
2) Holding trainings for employees in organs for intellectual property protection in the period 2018-2022, to teach them to respond to intellectual property rights infringements in a professional and efficient manner.
- 2.3. Specific goal – Improved coordination of organs in charge of protecting intellectual property rights.
Measures for achieving specific goal 2.3.
1) Efficient and Continuous Work of the Coordination Body
а) Establishing a working group for exchange of data in the sphere of intellectual property protection;
b) Establishing a working group for raising awareness on counterfeiting and piracy;
c) Holding an annual conference;
d) Establishing a working group for gathering data, data analysis, and identifying trends related to intellectual property rights infringements;
e) Developing international cooperation.
Main objective 3: Developed and increased knowledge transfer capacity for advanced intellectual property applications in the economy.
Measures for achieving the main objective:
1) Introducing lectures on intellectual property at universities through certified study programs, particular subjects, or as part of other study subjects based on educational profiles, as well as through continuous education courses;
2) Formally incorporating the third mission of Universities into the Law on Higher Education (Official Gazette of RS, issue 88/17, 27/18 – state law, and 73/18);
3) Improving the knowledge of researches at universities and other research centers on intellectual property protection and management through different courses organized by the Intellectual Property Office through the Center for Education and Information or in cooperation with WIPO, EPO, Center for Technology Transfer, and other organizations that support innovations;
4) Adopting and implementing the “National Recommendations for Universities and Institutes in Serbia for Intellectual Property Management in Knowledge Transfer Activities” drafted by the National Team of Higher Education Reform Experts (HERE Team) appointed by the Ministry of Education, Science and Technological Development;
5) Improving the knowledge of economic subjects on the protection and exercise of intellectual property rights through activities of the Intellectual Property Office—Center for Education and Information in cooperation with organizations for support to the economy (chambers of commerce, business associations, developmental agencies, etc.), i.e. the provision of services to economic subjects through IP Diagnostics or other tools developed as part of the European Union project in which the Intellectual Property Office participated (Iporta, VIP4SME), and through activities and services of other organizations ;
6) Enabling significant support through different programs for financing innovation (Ministry of Education, Science and Technological Development, Ministry of Economy, Ministry of Innovation and Technological Development, Innovation Fund) and support to intellectual property protection abroad in order to create conditions for successful commercialization on international markets.
It is important to note that the Intellectual Property Development Strategy for the period 2018-2020 pertains to a digital environment and imples the establishment of an organized cooperation between institutions in charge of protecting intellectual property rights and the right holder on the one side, with the websites administrators on the other, as well as the creation of conditions for excercising the final court decision relating to intellectual property rights infrigment on the internet.
Site web de la politique/mesure, si possible:
Quels sont les résultats atteints jusqu’à présent grâce à la mise en œuvre de la politique/mesure ?:
For the purpose of a more efficient protection of intellectual property rights, the department for intellectual property right protection, in cooperation with representatives of the SEED Project (Systematic Electronic Exchange of Data), which is under the auspicies of the European Commission, participated in the making of an electronic database, established according to Article 287a of the Customs Law (Official Gazette, issue 18/10, 29/15, 108/16, 113/17 – state law). The electronic database was published in April 2018 and is available on the website of the Customs Administration. The Law on the Legal Protection of Industrial Design was passed the same year (Official Gazette, issues 104/09, 45/15, and 44/18 – state law).
In 2019, amendments were made to the Law on Copyright and Related Rights (Official Gazette of RS, issues 104/2009, 99/2011, 119/2012, 29/2016 – Constitutional Court decision and 66/2019) which clarifies the rights of software creators and performers and specifies the database. The amendments broadened the group of people who can file a case for infringement of copyright and related rights through an organization dedicated to collectively protecting these rights. In the Republic of Serbia, there are currently six organization authorized to protect copyright and related rights: Organization of Music Authors of Serbia—SOKOJ, Organization for Collective Administration of Performers’ Rights—PI, Organization of Phonogram Producers of Serbia—OFPC, Organization of Photo Artists—OFA, Reprographic Rights Organization—OORP, Organization of Film Artists of Serbia—UFUS-AFA.
The amendments specify that performers whose interpretations were recorded on a storage medium will be compensated for a rebroadcast of their interpretation. This was previously only accepted for performers whose performances were recorded on a sound storage media (e.g., musicians, singers, etc.), but now actors will have the same right. This enhances their legal and financial standing. The proposed changes align the law with Article 1, paragraph 2(a) of Directive 2011/77/EU and extend the copyright protection of performers who record their performances to phonogram from 50 to 70 years.
The Government’s decision on forming a permanent Coordination Body for the Efficient Protection of Intellectual Property Rights in the Republic of Serbia was changed in September 2019, so that this body could protect intellectual property more efficiently.
In terms of the rights on industrial property, in 2019 the Law on the Amendments to the Law on Patents was enacted (Official Gazette of the RS, issue 66/19), followed by the Amendments to the Law on Trademarks in January 2020 (Official Gazette of the RS, issue 6/2020), which aimed to align with the EU’s acquis. Serbia also adopted amendments for the purpose of aligning with the Directive on the Protection of Topography of Semiconducting Products. In January 2020, Serbia ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
The Intellectual Property Office successfully conducted activities in the Center for Education and Information, which organizes training on intellectual property rights for small and medium-sizes enterprises, institutions that implement the law, and bodies in charge of research and development. The Center was also involved in various awareness-raising activities.
Partenaires engagés dans la mise en œuvre de la politique/mesure
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Ministry of Economy, Ministry of Education, Science and Technological Development, Ministry of Interior, Customs Administration, Sector for Market Inspection, Tax Administration Office and General Police Directorate
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Coordination Body for the Efficient Protection of Intellectual Property Rights, Working Group for Raising Awareness on Counterfeiting and Piracy
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