صربيا

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LAW

ON LEGAL PROTECTION OF INDUSTRIAL DESIGN 1

I. GENERAL PROVISIONS

Article 1

This Law regulates the manner of acquisition of the right to the

appearance of an industrial or handicrafts product (hereinafter referred to as:

the product), and the protection thereof, respectively.

The appearance of a product shall be understood to mean the overall

visual impression produced by the product on an informed consumer or user.

An informed consumer or user, for the purpose of this Law, shall be a

natural person who is regularly in contact with the product concerned.

The procedure for the acquisition and the protection of an industrial

design which is the subject of an international registration for the territory of

the Republic of Serbia on the basis of the Hague Agreement Concerning the

International Registration of Industrial Designs (hereinafter referred to as:

the Hague Agreement) shall be governed by the provisions of this Law with

regard to all the issues which are not regulated by the Hague Agreement.

II. SUBJECT - MATTER AND CONDITIONS FOR PROTECTION

The Concept of Industrial Design

Article 2

Industrial design shall mean three-dimensional or two-dimensional

appearance of the entire product or a part thereof, defined by its features, in

particular the lines, contours, colors, shape, texture and/or materials of the

product itself or its ornamentation, as well as their combination.

A product shall mean any industrial or handicraft item, including,

inter alia, parts intended to be assembled into a complex product, packaging,

get-up, graphic symbols and typographic typefaces, but excluding computer

programs.

A complex product shall mean a product which is composed of

multiple components which can be replaced, and which permit disassembly

and reassembly of the product.

Requirements for Industrial Design Protection

1 Adopted on 11 December 2009, published on 16 December 2009 (Official Gazette of the Republic of

Serbia No 104/09, entered into force on 24 December 2009.

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Article 3

Industrial design shall be protected by the exclusive right (industrial

design right) to the extent that it is new and has an individual character.

Novelty

Article 4

Industrial design shall be considered new if no identical industrial

design has been made available to the public before the date of filing of the

application for registration or, if priority is claimed, the date of priority, or if

there is no application for industrial right protection previously filed and

subsequently made available to the public.

Industrial designs shall be deemed to be identical if their features

differ only in immaterial details.

Individual Character

Article 5

Industrial design shall be considered to have individual character if

the overall impression it produces on an informed user differs from the

overall impression produced on such a user by any other design which has

been made available to the public before the date of filing of the application

for registration or, if priority is claimed, the date of priority.

In assessing individual character, the degree of freedom of designer in

developing the industrial design of a specific product shall be taken into

consideration.

Industrial Design of Component Part of Complex Product

Article 6

Industrial design applied to or incorporated in a product which

constitutes a component part of a complex product shall be considered to be

new and to have individual character, only if:

1) the component part incorporated in the complex product remains

visible during regular use of such complex product; and

2) visible features of the component part themselves meet the

requirements concerning novelty and individual character.

Regular use under paragraph 1 item 1) of this Article shall mean the

use by the end user, excluding maintenance, servicing or repair work.

Disclosure

Article 7

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It is considered that the industrial design becomes available to the

public in the meaning of the articles 4 and 5 of this Law if it has been

published after the registration or in some other way, if it has been exhibited,

used in the channels of commerce or in some other way disclosed before the

date of the fling of the application of industrial design, if it has been

requested for, except in the situation when there existed no reasonable

possibility for the business circles specialized for the given events to get to

know about the mentioned events in the standard channels of commerce in

the Republic of Serbia.

It is not considered that the industrial design became available to the

public in the meaning of paragraph 1 of this article if it has been disclosed to

the third person under the explicit or implicit conditions of the preservation

of secrecy.

It is not considered that the industrial design was made available to

the public, in the meaning of the articles 4 and 5 of this Law if the industrial

design was disclosed by the author, his legal follower or the third person on

the basis of information obtained from the author or his legal follower or the

action that one of them undertook under the condition that, from the moment

when the industrial design was disclosed until the moment of filing the

application for the granting of right to the industrial design, or the moment

of the requested priority right, almost 12 months have elapsed, as well as

that the industrial design became available to the public as the consequence

of the ill-use connected to the author or his legal follower.

Protection Excluded Due to Technical Function and contrary to public

order and moral principles.

Article 8

Industrial design right shall not subsist with respect to features of

appearance of a product that are solely dictated by its technical function.

Industrial design right shall not subsist with respect to features of

appearance of a product that must necessarily be reproduced in its exact

form and dimensions in order to permit the product to be mechanically

connected to or placed in, around or against another product, so that either

product may perform its function.

Notwithstanding paragraph 2, a industrial design right shall, under the

conditions set out in Articles 4 and 5 of this Law, subsist with respect to a

design enabling multiple assembly or connection of mutually

interchangeable products within a modular system.

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Industrial design cannot be used to protect the external look of the

product, the publication of which or the use of which is contrary to the

public order or the accepted moral principles.

Right to Industrial Design Protection

Article 8A

The right to the industrial design protection shall be vested in the

designer, or his legal successor, or the employer in cases defined by this

Law.

Foreign natural and legal persons shall have rights with respect to

industrial design protection equal to of national natural and legal persons, if

it results from international agreements or from reciprocity principle.

Proof of the existence of reciprocity shall be provided by the person

invoking reciprocity.

Non-registrability of Industrial Design

Article 9

On the basis of this law, the protection cannot be granted to an industrial

design under following conditions:

1) which do not represent the industrial design in the meaning of the

article 2, paragraph 1 of this law;

2) which does not fulfill the conditions from paragraph 3 – 8 of this law;

3) if the application for the grant of industrial design protection is filed

by the person that has no right for the protection of industrial design

in the meaning of the article 8a paragraph 1 of this law;

4) if the industrial design is contrary to the industrial design which has

been made available to the public after the date of the filing of the

application, or the date of the granted priority right, which is protected

in the Republic of Serbia from the date of the date preceding the date

of the filing of the application for the protection of industrial design or

the date of the granted priority right;

5) which is used as a well known sign, and the law which regulates such

a sign enables the holder of right to the sign the right to prohibit such

a utilization;

6) which infringes the copyright law or the industrial property rights of

another person;

7) which contains the state symbol or another public crest, flag or

symbol, the title or the abbreviation of the title of some country or the

international organization or the religious and national symbols, as

well as their imitation, except at the approval of the competent body.”

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Article 10

(Deleted)

Duration of Protection

Article 11

The industrial design right shall be acquired by entering into the

Industrial Design Register and shall last for 5 years from the filing date of

the the competent authority.

Industrial design protection may be renewed for periods of 5 years

each, up to a total term of 25 years from the date of filing of the application,

provided the prescribed fees have been paid.

Request for the extension of protection of industrial design, from

paragraph 2 of this article contains in particular: the designation of the

register number of the industrial design and the date until which the

industrial design is considered valid; data on the holder of right of the

industrial design, data on the fee paid for the extension of protection of

industrial design.

The government shall prescribe the particulars of the request for

renewal of industrial design protection.

III. PROTECTION PROCEEDURE

Common provisions

Article 12

Legal protection of the industrial design shall be realized in the

administrative proceedings administered by the competent authority.

An appeal against the decisions rendered by the competent authority

under paragraph 1 of this Article may be filed with the Government within a

term of 15 days from the date of receipt of the decision.

When the decision of the competent body from the paragraph 1 of this

article refuses the grant of the industrial design for the reason that the

conditions have not been fulfilled for protection as mentioned in articles 3-9

of this Law, the government in the decision following the appeal can grant

the industrial design in the altered shape, if in that shape the industrial

design fulfills the conditions for protection and if the individual character of

the industrial design has been maintained.

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Administrative dispute proceedings may be initiated against the

decision rendered by the Government on the appeal, within a term of 30

days from the date of receipt of the Government decision.

Registers

Article 13

The competent authority shall maintain the Register of National

Applications for Industrial Design Registration (hereinafter referred to as:

the Register of Applications), and the Industrial Design Register (hereinafter

referred to as: The Industrial Design Register).

The registers referred to in paragraph 1 of this Article shall be deemed

as public books and interested parties my view them in the presence of an

official.

The documents related to registered designs, except for parts that are

confidential, may be viewed by an interested party only in the presence of an

official.

At the written request of an interested party and following the

payment of the prescribed fee, the competent authority shall issue copies of

the documents and relevant certificates on the facts contained in the official

records kept by the authority.

The Register of Applications shall contain, in particular: data about

the applicant; the filing date of the application; the number of the

application; the real and short name of the subject matter of protection; data

about any changes referring to the application (status-related changes of the

applicant, assignment, licence, pledge, franchise etc.).

The Industrial Design Register shall contain in particular: data about

the industrial design holder; the industrial design registration number and

registration date; name of the subject matter of protection; designation of the

class of the International Classification prescribed by the Locarno

Agreement on Establishing an International Classification of Industrial

Designs (hereinafter referred to as: the International Classification of

Industrial Designs); data about any changes relating to the registered

industrial design (status-related changes of the holder of industrial design

rights, assignment, licence, pledge, franchise and the like).

The Government shall prescribe the particulars of the Register under

paragraph 1 of this Article.

Availability of Documents

Article 14

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The competent authority shall make its documents and information on

designs available to interested parties.

International Registration of Industrial Design

Article 15

The right holder to the industrial design, or the applicant for design

right registration, may file the application for international industrial design

registration, in accordance with the Hague Agreement.

The application for international registration referred to in paragraph 1

of this Article, with the payment for the prescribed fee, may be filed through

the competent authority.

The application for the international registration of an industrial

design shall be subject to a prescribed fee.

The following shall also be filed with the application for the

international registration of an industrial design:

1) a representation of the industrial design;

2) power of attorney, if the application is filed via a representative;

3) proof of payment of the application fee.

The application for the international registration of an industrial

design shall contain in particular: data about the applicant; the application

number and/or the industrial design registration number; the number of

subject matters for which protection is sought if the application has been

filed for several subject matters; the designation of the countries where

protection is sought; the amount of the application fees paid and signature

and seal of the applicant.

The Government shall prescribe the particulars of the application

under paragraph 1 of this Article, and shall determine the annexes to be filed

with the application, and their contents.

Representation

Article 16

In any proceedings before the competent authority, a foreign natural

or legal person who has no seat or residence in the Republic of Serbia must

be represented by a representative listed in the Register of Representatives

kept by the competent authority or domestic attorney.

Register of Representatives

Article 17

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Natural or legal persons meeting the requirements specified by the law

governing patents shall be entered into the Register of Representatives,

maintained by the competent authority.

Application for Industrial Design Right Registration

Article 18

The proceedings for registration of the industrial design right shall be

initiated by filing the application for the industrial design right registration

(hereinafter: the application).

The application under paragraph 1 of this Article shall be filed with

the competent authority in writing, in person or by mail.

Essential elements of the application shall be the following:

1) request for the registration of the industrial design;

2) description of the industrial design;

3) two-dimensional representation of the industrial design

(hereinafter: the representation).

One application may contain the request for registration for one or

several designs (up to 100).

When the application contain the request for registration for several

industrial designs (hereinafter referred to as: multiple application), all

products in which the industrial designs are intended to be incorporated or to

which they are intended to be applied shall belong to the same class of the

International Classification for Industrial Designs.

Request for Industrial Design Registration

Article 19

The request for the registration of the industrial design shall contain:

1) information on the applicant;

2) information on the designer or the statement by the designer that

he/she has waived the right to be cited in the application;

3) indication whether the application is made for one or multiple

industrial designs;

4) actual name and abbreviated name of the industrial design;

5) justification for filing of the application, if the designer is not the

applicant;

6) the signature of the applicant.

Optionally, request for that the publication of the registered industrial

design to be deferred for twelve months after the date of the issuing the

decision on design registration (deferred publication).

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During the course of the procedure for the grant of protection as well

as during the whole period of validity of industrial design rights, the author

of the industrial design may withdraw his statement of request for non-

disclosure of his name in the application, registers and other documents

specified by this Law.

The Government shall prescribe the particulars of the application

under paragraph 1 of this Article and shall determine the annexes to be filed

with the application, and their contents.

Industrial Design Description

Article 20

The industrial design description should be a precise and concise

description of substantial characteristics of industrial design which make it

new within the meaning of article 4 of this Law and different from the

industrial designs which have become available to the public in the meaning

of article 5 of this Law.

The industrial design description must be based on the submitted

representation.

The industrial design description shall not include data relating to the

structure, function or functional advantages and similar data regarding the

body or its parts.

The Government shall prescribe the particulars of the description of

an industrial design, as well as the number of copies of the description of an

industrial design to be filed with the application for industrial design

registration.

The Representation

Article 21

A representation shall represent external appearance of the product

which is the subject matter of protection including the parts thereof which

are visible at all times or in the process of its regular use.

The representation should provide clearly visible all elements of

industrial design which make it new within the meaning of article 4 of this

Law and different from the industrial designs which have become available

to the public in the meaning of article 5 of this Law.

The representation may be submitted in the form of a photograph or

drawing and shall fulfill the prescribed requirements with respect to quality

and other technical conditions.

When filing the application for two-dimensional industrial design, the

two-dimensional sample (specimen) of the design the application refers to

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may be submitted, provided the depiction referred to in paragraph 1 of this

Article is submitted to the competent authority not later that six months from

the date of the filing of the application.

The Government shall prescribe the technical characteristics of the

representation, as well as the number of copies of the representation to be

filed with the application for the industrial design right registration.

Procedural Fees and Costs

Article 22

In the administrative procedure before the competent body, fees are

paid and the compensations of the damages of the procedure, in accordance

with the regulations prescribing the administrative fees or the compensations

of the expenses of the procedure and the expenses for the supplying of the

information services.

The fees are paid for the insight into the files of the documents, the

issuing of the copies of the documents and certificates and the certificates

about the facts from the official evidence, the publication of the data about

the registered industrial designs and other information services offered by

the competent body in compliance with this law.

The height and the manner of payment of the expenses from the

paragraph 2 of this article is prescribed by the Government.

Filing Date of an Application

Article 23

The date when an application is filed with the competent authority

shall be accorded as the date of filing the application if the application

contains the following on that date:

1) an indication specifying that industrial design right registration is

sought;

2) name and surname, and/or name and address of the applicant;

3) a representation.

Upon receipt of the application, the competent authority shall review

it for conformity with the requirements under paragraph 1 of this Article.

On the application filed directly to the competent authority (national

application) containing the elements referred to in paragraph 1 of this

Article, competent authority shall make note of the number of the

application and the date and an time of its receipt, and the applicant shall be

issued the certificate.

If the application does not contain the parts specified in paragraph 1 of

this Article, the competent authority shall invite the applicant to remedy the

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deficiencies that make the application ineligible for registration in the

relevant register, within a time limit of 30 days.

If the applicant remedies the deficiencies under paragraph 4 of this

Article within the set time limit, the competent authority shall render a

decision according as the filing date of the application the date when the

applicant remedied the deficiencies noted.

An application accorded a date of filing shall be registered in the

Register of Applications.

If the applicant fails to remedy the deficiencies within the time limit

under paragraph 4 of this Article, the competent authority shall render a

decision rejecting the application.

An appeal may be filed against the decision under paragraph 7 of this

Article.

Priority Right

Article 24

As of the filing date the applicant shall enjoy a priority right over all

other persons who have subsequently filed an application for the same

industrial design.

Union Priority Right

Article 25

A legal or natural person having filed orderly industrial design right

application effective in any member state of the Paris Union or the World

Trade Organization shall enjoy the right of priority from the date of filing of

such application in Republic of Serbia if the application for the same

industrial design right has been filed in Republic of Serbia within six months

of the date of filing the application effective in the concerned country, and if

the application for industrial design right contains information on the date of

filing, the filing number of application and the state for which such

application has been filed.

An orderly application referred to in paragraph 1 of this Article shall

be understood to mean any application that meets the standard requirements

in accordance with the national legislation of any member state of the Paris

union or the World trade Organization, or in accordance with an

international agreement between these states, regardless of the subsequent

legal status of such application.

The legal or natural person referred to in paragraph 1 of this Article

shall submit to the competent authority the copy of such application certified

by the competent authority of the member state of the Paris Union, the

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World Trade Organization, or the international organization where the

application was filed, not later than three months as of the date of filing the

application in Republic of Serbia.

Priority Certificate

Article 25a

On the reqeuest of the domestic or foreign natural or legal person

which has filed the industial design right application, the competent

authority shall issue a priority certificate.

The request for issuing a priority certificate shall contain, in

particular: a representation identical to the one in the application; a

description identical to the one in the application; proof of payment of the

fee for the certificate.

The priority certificate shall contain, in particular: data about the

applicant; data about the author of the industrial design; the application

number and the date of filing the application; a representation identical to

the one in the application; a description identical to the one in the

application.

The Government shall prescribe the particulars of the request under

paragraph 2 of this Article and the content of the priority certificate under

paragraph 3 of this Article.

Exhibition Priority Right

Article 26

The applicant who has exhibited the design at the national fair or

international exhibition or in any other member state of the Paris Union or

the World Trade Organization within three months preceding the date of the

filing of the application, may request in the application the registration of the

design right from the date of the first exhibiting the industrial design.

The applicant referred to in paragraph 1 of this Article shall attach to

the application the certificate by the competent authority of a member state

of the Paris Union or the World Trade Organization that the fair or

exhibition was international in its character, indicating data on the type of

fair or exhibition, venue, date of opening and closing of the fair or exhibition

and the date of the first exhibiting the design.

The certificate that an exhibition or a fair held in Republic of Serbia

had a recognized international character shall be issued by the Chamber of

Commerce of Republic of Serbia.

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The registration of the priority right referred to in paragraph 1 of this

Article shall not induce extension of the time limits referred to in the Article

25 of this Law.

Modification of the Representation

Article 27

The representation of the industrial design may not be subsequently

modified, in such a way that it significantly differs in its extent and contents

from the one defined by the description submitted at the time of the filing of

the application.

Order of Application Examination

Article 28

The applications shall be examined in the order determined by the

date and hour of their filing.

Notwithstanding the provision of paragraph 1 of this Article, the

application shall be examined in an expedited procedure in case of the

procedure initiated before a court or an inspection authority, at the request

by the court or the competent inspectorate.

Examination of the Application Orderliness

Article 29

The application shall be considered orderly if it contains all the

elements referred to in Articles 19, 20 and 21 of this Law, the proof of

payment of the application fee, and other elements laid down by this Law or

the implementing regulations thereof.

Where the application has been found not to be orderly, the competent

authority shall notify the applicant in writing (by way of the examination

report), stating the grounds, and request the applicant to correct it within the

period specified by the competent authority.

Upon the justified request of the applicant, and the payment of the

prescribed fee, the competent authority may extend the time limit referred to

in paragraph 2 of this Article for the time period considered appropriate, not

exceeding three months.

Where the applicant fails to correct the application within the said

time limit, or to pay the prescribed fees, the competent authority shall decide

to reject the application.

An appeal may be filed against the decision under paragraph 4 of this

Article.

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In the case referred to in paragraph 4 of this Article, the applicant

may, with the payment of the prescribed fee, file a motion and request the

return into the status preceding the rejection, but not later than three months

after the date of the receipt of the decision to reject the application.

Examination of the Conditions for the Grant of an Industrial Design Right

Registration

Article 30

Where the application was found orderly within the meaning of the

Article 29, paragraph 1 of this Law, the competent authority shall examine

whether the requirements for the grant of the industrial design registration

have been met.

Decision Refusing the Grant of Industrial Design Right Registration

Article 31

If the competent authority establishes that the application does not

conform to the requirements for the grant of industrial design right

registration, the competent authority shall notify the applicant in writing of

the reasons due to which the industrial design cannot be granted and shall

invite the applicant to submit his observations regarding such reasons within

the time limit set by the competent authority.

Following the justified request of the applicant, along with the

payment of the prescribed fee, the competent authority may extend the time

period referred to in paragraph 1 of this Article for the time period

considered to be appropriate, not exceeding three months.

Where the applicant fails to respond, or where he responds but the

competent authority nevertheless considers that the industrial design right

may not be registered, the competent authority shall issue a decision on

refusal of industrial design registration.

Withdrawal of the Application

Article 32

An applicant may, at any time during the procedure, withdraw his

application as a whole or in respect of some of the industrial designs.

If a certain right in favor of a third party has been registered in the

Register of Applications, the applicant may not withdraw the application

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without the written consent of the person in whose name that right has been

registered.

Where an applicant withdraws his application as a whole, the

competent authority shall render a decision staying the procedure.

An appeal may be filed against the decision under paragraph 3.

In the case referred to in paragraph 3 of this Article, the validity of the

application shall cease as of the date immediately following the date of filing

the statement of withdrawal with the competent authority.

Division of Application

Article 33

The applicant filing an multiple application pursuant to Article 18,

paragraph 5 of this Law, may, following the payment of the prescribed fee,

file the request for division of the multiple application to several individual

or multiple separated applications.

Each of the separated applications referred to in paragraph 1 of this

Article shall be issued a new application number and registered in the

relevant register, but shall retain the date of the filing of the original multiple

application and the right of priority thereof.

A separated decision shall be issued with respect to the separation of

the application, which shall indicate the number(s) of new applications,

industrial designs from the original multiple application, as well as industrial

designs remaining in the original application and the industrial designs to

remain in the separate application(s).

The application under paragraph 1 of this Article shall contain, in

particular: the number and the filing date of the original application the

division of which is sought; a description and a representation of the

industrial design; a designation of the class numbers in the International

Classification of Industrial Designs remaining in the basic application, and

the classes numbers in the International Classification of Industrial Designs

which have been divided.

The Government shall prescribe the particulars of the application

under paragraph 1 of this Article, and shall determine the annexes to be filed

with the application, as well as their contents.

Partial Refusal of Multiple Application

Article 34

If the competent authority establishes that a multiple application, in

addition to containing industrial designs eligible for the grant of protection,

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also contains one or several industrial designs not eligible for protection by

virtue of this Law, the competent authority shall notify the applicant thereof

and shall invite him to submit his observations about the reasons stated,

within a time limit set by the competent authority.

Following the justified request by the applicant, the competent

authority shall extend the time period referred to in paragraph 1 of this

Article for the time period considered to be appropriate, not exceeding three

months.

The competent authority shall adopt a decision partly granting a

multiple application if the applicant submits no observations, or if the

applicant submits his observations but the competent authority still deems

the industrial designs in the multiple application are not eligible for

protection.

Application for Industrial Design Registration to be Accepted as Application

for Patent Registration or Petty Patent Registration

Article 35

Any time prior to the termination of the proceedings, the application

for industrial design registration may be altered to become the application

for patent or petty patent registration.

Decision on Fee Payment for Industrial Design Right Registration

Article 36

Where the application was found to meet the registration

requirements, the competent authority shall issue a decision requesting the

applicant to pay the fee for the first five years of registration, and the costs

of industrial design publication, and to submit the proof of payments made.

Where the applicant fails to submit proof of the payments made,

referred to in paragraph 1 of this Article in the time period specified, the

competent authority shall issue a decision on refusing the application.

In the case referred to in paragraph 2 of this Article, the competent

authority shall render a decision staying the proceedings, which may be

appealed.

In the case referred to in paragraph 2 of this Article, the applicant may

file the motion and request the return into the status preceding the decision

on refusing the application, but not later than 3 months as of the date of the

receipt of the decision on refusal of the application.

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Registration of Industrial Design Rights in the Industrial Design Register

Article 37

Where the applicant has submitted proof of payments made referred to

in the Article 36, paragraph 1 of this Law, the competent authority shall issue

the decision on the registration of the industrial design right, and the registered

design right, along with the prescribed bibliographical data, shall be entered

into the Industrial Design Register while the holder of the industrial design

right shall be issued an industrial design certificate.

An industrial design certificate shall be in the form of a decision

rendered in administrative proceedings.

An industrial design certificate shall contain, in particular: the

registration number of the registered industrial design and the application

number; data about the author of the design; a representation and a description

of the industrial design; the date of entry in the Industrial Designs Register; the

date of lapse of the registered industrial design.

The Government shall prescribe the particulars of the industrial design

certificate under paragraph 1 of this Article.

Issuing the Industrial Design Certificate and Publication of the Registration

Information

Article 38

The grant of an industrial design shall be published in the Official

Gazette of the competent authority.

The Official Gazette of the competent authority shall publish the

following data in particular: data about the holder of the industrial design right;

the registration number of the registered industrial design; the date of entry of

the industrial design right in the Industrial Designs Register; the date of lapse of

the registered industrial design; the name of the subject matter of protection; a

representation; the class number under the International Classification of

Industrial Designs.

The Government shall prescribe the data under paragraph 2 of this

Article to be published in the official gazette of the competent authority.

IV CONTENT, SCOPE AND LIMITATIONS OF THE INDUSTRIAL

DESIGN RIGHT

Content of the Design Right

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Article 39

The holder of right to industrial design has the exclusive right to use

the protected industrial design and to deny that right to every third party.

The use from paragraph 1 of this article implies in particular the

manufacture, offering, marketing, import, export or use of that product,

implying that design is embedded there or applied for that or stored for the

mentioned purposes.

Industrial Design Author Rights

Article 40

Author of the industrial design shall have moral and economic rights.

The moral right shall be understood to mean the right of the industrial

design author to have his name indicated in the registration application,

documents and certificate of the industrial design.

The economic right shall be understood to mean the right of the

industrial design author to enjoy economic benefits from utilization of the

protected industrial design.

Where the author of the design is not the holder of the industrial

design right, the form of the economic benefit deriving from the utilization

of the industrial design, enjoyed by the author of the protected industrial

design shall be regulated by the contract between the holder of the industrial

design right and the industrial design author.

Scope of the Industrial Design Right

Article 41

The scope of the protection conferred by a design right shall include

any design which does not produce on the informed user a different overall

impression.

The applicant may, at his own initiative or at the written request of the

competent authority, or within the time limit set by such authority, state that

he does not claim any exclusive rights on any element of the industrial

design indicated in the description.

When determining the scope of the industrial design right, in any

dispute that might arise, the court shall take into account freedom of the

author in creating the industrial design.

Right of Prior Use

Article 42

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The industrial design right shall not have an effect on a person acting

in good faith who, prior to the date the application was recognized the

priority right in the domestic territory, has already commenced to use the

protected industrial design in the production, or has made all necessary

preparations to commence such use.

The person referred to in paragraph 1 of this Article shall be entitled

to use the industrial design for the purpose of production only, in his own

company or workshop, or in a third party’s company or workshop for his

own needs.

The person referred to in paragraph 1 of this Article may not transfer

to a third person his right to use the industrial design, unless transferring

such right together with the company or workshop, or a part of the company

in which use of such industrial design has been prepared, or has commenced.

Limitation of Right

Article 43

The holder of industrial design right may not prohibit a third party

from performing the following:

1) acts done privately and for non-commercial purposes;

1a) acts done for experimental purposes;

2) reproduction for the purpose of teaching or making citations,

provided such activities are in line with the practices of fair competition and

provided they do not unreasonably jeopardize the normal exploitation of the

industrial design, as well as provided that the source from which the

industrial design has been obtained is specified.

Limitation of Rights to Ensure Normal International Traffic

Article 44

The right acquired by the grant of the industrial design can be realized in

connection with the:

1.) equipment of the ship or aircraft registered in another country, which

is temporarily found on the territory of the Republic of Serbia;

2.) import into the Republic of Serbia of spare parts and inclusive parts

intended for the repair of the vehicle from the paragraph 1 of this

article;

3.) performance of repairs on the vehicle from the point 1 of this article.”

Exhaustion of Rights

Article 45

20

If the holder of industrial design rights in the Republic of Serbia puts

on the market a product comprising a protected industrial design and/or a

product designed in accordance with a protected industrial design, or if the

holder of the industrial design right authorizes another person in the

Republic of Serbia to put such a product on the market, the right holder shall

not be entitled to prohibit third parties from further disposing of that product

which has been purchased in the course of legal trade.

Relationship with other Forms of Protection

Article 46

Provisions of this law shall not affect any existing rights with respect

to trademarks, other distinctive signs, typefaces, unregistered design rights,

patents, or petty patents, as well as civil liability or unfair competition. The

industrial design protected pursuant to the provisions of this Law shall also

enjoy protection based on the legislation governing the copyright as of the

date of its creation, or as of the date it was expressed in a certain form.

V. PROTECTION OF THE INDUSTRIAL DESIGN CREATED IN THE

CONTEXT OF EMPLOYMENT

Industrial Design Created in the Course of Employment

Article 47

The legal protection of industrial design made in the course of

employment implies the implementation of the provisions of the law

regulating patents.

VI. CHANGES IN THE INDUSTRIAL DESIGN APPLICATION

AND/OR REGISTRATION

Change of name and address of the right holder

Article 48

Upon the request of a holder of industrial design rights and/or an

industrial design applicant, the competent authority shall render a decision

on entering in the appropriate register of the competent authority, changes in

the name and address of the holder of the industrial design right and/or the

applicant.

Entry of the change of name and address of the right holder may be

requested on the basis of a single application referred to in paragraph 1 of

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this Article referring to several registered industrial designs and/or several

applications, provided their registration numbers and/or application numbers

are specified in the application.

If the request for registering the change of name and address of the

right holder does not contain the prescribed data, the competent authority

shall invite the applicant in writing to remedy the deficiencies within the

time limit set by the competent authority.

On the basis of a reasoned request by the applicant for entering the

change of name and address, and upon payment of the prescribed fee, the

competent authority shall extend the time limit under paragraph 3 of this

Article by the period of time the competent authority deems appropriate.

If the applicant fails to proceed as requested within the set time limit,

the competent authority shall render a decision rejecting the application.

An appeal may be filed against the decision under paragraph 5 of this

Article.

The application for the registration of changes under paragraph 1 of

this Article shall contain in particular: the registration number of the

registered industrial design, and/or the application number; data about the

holder of the industrial design right and/or applicant; a designation of the

type of changes.

The Government shall prescribe the particulars of the request for

entering the changes under paragraph 1 of this Article, as well as the content

of the annexes and the annexes to be filed with the request.

Assignment

Article 49

Assignment of industrial design rights and/or rights arising from the

application may be the consequence of an assignment agreement, change of

status of the holder of the industrial design right and/or the applicant, or a

court or administrative decision.

Assignment under paragraph 1 of this Article shall be recorded in the

appropriate register of the competent authority upon the request of the holder

of the industrial design right and/or applicant or assignee.

Registration of the assignment under paragraph 1 of this Article in the

appropriate register of the competent authority shall produce legal effect in

relation to third parties.

Registration of the assignment under paragraph 1 of this Article in the

appropriate register of the competent authority shall be subject to a special

decision.

22

Assignment Agreement

Article 50

On the basis of the assignment agreement under Article 49 paragraph

1 of this Law, the holder of the industrial design right, and/or the applicant

may assign the right to the registered industrial design and/or the right

arising from the application.

The assignment agreement under paragraph 1 of this Article shall be

made in writing and it shall contain a designation of the contracting parties,

the number of the registered industrial design, and/or the application number

and the amount of remuneration, if stipulated.

Any issue relating to the assignment agreement not regulated by this

Law shall be subject to regulations regulating obligations.

License

Article 51

The holder of the industrial design right and/or the applicant may

grant license for the right to use the registered industrial design and/or for

the rights arising from the application, on the basis of a license contract.

The license agreement, under paragraph 1 of this Article, shall be

done in writing and shall contain indication of the contracting parties,

industrial design registration number or application registration number, the

term of validity of the license and the scope of the license.

The license agreement, under paragraph 1 of this Article, shall be

recorded in the appropriate register with the competent authority at the

request of the holder of the industrial design right and/or applicant or

licensee.

The registration of the license agreement, under paragraph 1 of this

Article, in the appropriate register of the competent authority shall produce

effect in relation to the third parties

The registration of the license agreement, under paragraph 1 of this

Article, in the appropriate register of the competent authority shall be subject

to a special decision.

All issues relating to the cession of the right to use the registered

industrial design, or the rights from the application, that are not regulated by

this law, imply that the provisions regulating obligations are implemented.

Pledge

Article 52

A registered industrial design, and/or the right arising from the

application may be the subject of a pledge agreement.

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The pledge agreement under paragraph 1 of this Article shall be

drawn up in writing and shall contain: the date of signing; name and surname

or company title, domicile or residence, and/or the seat of the contractual

parties, as well as the pledgee, if they are not the same person; the

registration number of the registered industrial design and/or the number of

the industrial design application and data about the claim secured by the right

of pledge.

The pledge agreement, under paragraph 1 of this Article, shall be

recorded in the appropriate register of the competent authority upon the

request of the holder of the industrial design right and/or applicant or

pledger.

The pledgee shall acquire the security interest, upon registration in

the appropriate register of the competent authority.

The registration of the pledge agreement, under paragraph 1 of this

Article, in the appropriate register of the competent authority shall be subject

to a special decision.

Any issue relating to possessory lien in respect of industrial design

which is not regulated by this Law shall be subject to regulations regulating

non-possessory pledge, obligations, and proprietary right.

The following data shall be entered in the register of the competent

authority, and in particular: data about the pledger and debtor, where they are

not the same person, as well as data about the pledgee; the registration

number of the registered industrial design, and/or the number of the

industrial design application; data about the claim secured by right of pledge

including a designation of the basic and the maximum amounts.

All changes of the data under paragraph 7 of this Article shall be

recorded in the register of the competent authority.

The Government shall prescribe the data to be entered in the register

of the competent authority.

Procedure for the Registration of Assignment, License and Pledge

Article 53

The procedure for the registration of assignment, license and pledge

shall be initiated on the basis of a written request.

The request under paragraph 1 of this Article shall be filed with the

following:

1) proof of legal title for the registration requested;

2) power of attorney, if the procedure for the registration of the

assignment, license or pledge is initiated through an agent;

3) proof of payment of the fee for the decision passed on the basis of

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the request for the registration of the assignment, license or pledge

Registration of the assignment of several registered industrial designs

and/or applications may be demanded on the basis of a single request

referred to in paragraph 1 of this Article provided the earlier right holder and

the new right holder are the same in respect of every registered industrial

design and/or application and that the registration numbers and/or

application numbers are designated in the request.

Registration of a license and/or a pledge in respect of registered

industrial designs and/or applications may be requested on the basis of a

single request, referred to in paragraph 1 of this Article, provided that the

right holder and the licencee and/or pledgee are the same of each registered

industrial design and/or application, and that the registration numbers and/or

application numbers are designated in the request.

The request under paragraph 1 of this Article shall include, in

particular: the registration number of the registered industrial design, and/or

the application number; data about the holder of the industrial design right,

and/or the applicant; a designation of the type of change, and/or the

registration of the right sought.

The Government shall prescribe the particulars of the request, under

paragraph 1 of this Article, and shall determine the annexes to be filed with

the request, and their contents.

Article 54

The request for the registration of an assignment, license and/or

pledge shall be regular if it contains the data under Article 53 paragraph 2 of

this Law and other prescribed data.

If the request for the registration of an assignment, license and/or

pledge is not regular, the competent authority shall invite the applicant to

remedy the deficiencies within a time limit of 30 days from the date of

receipt of the invitation.

Upon a reasoned request by the applicant for the registration of the

assignment, license and/or pledge and upon payment of the prescribed fee,

the competent authority shall extent the time limit under paragraph 2 of this

Article by the period of time the competent authority deems appropriate.

If the applicant fails to proceed as requested within the set time limit,

the competent authority shall render a decision rejecting the application.

An appeal may be lodged against the decision under paragraph 4 of

this Article.

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Article 55

If the request for the registration of an assignment, license and/or

pledge is regular within the meaning of Article 54 of this Law, the competent

authority shall examine if the legal title, the request is based on, is

harmonized with the statutorily prescribed requirements for the registration

of an assignment, license or pledge.

If the legal title constituting grounds for the request for the

registration of an assignment, license and/or pledge does not comply with the

statutorily prescribed conditions, the competent authority shall notify the

applicant in writing about the reasons why the registration cannot be granted

and shall invite the applicant to submit his observations regarding the

reasons, within the time limit within a time limit of 30 days from the date of

receipt of the invitation.

Upon a reasoned request by an applicant for the registration of the

assignment, license and/or pledge, and upon payment of the prescribed fee,

the competent authority shall extend the time limit referred to in paragraph 2

of this Article by the period of time the competent authority deems

appropriate.

The competent authority shall issue a decision refusing the request for the

registration of an assignment, license and/or pledge if the applicant fails to

submit his observations, within the set time limit, regarding the reasons why

the registration cannot be granted, or if the applicant submits his/her

observations but the competent authority still considers that registration

cannot be granted.

VII CESSATION OF RIGHT

Article 56

The industrial design right shall cease:

1) if the industrial design right holder fails to pay the prescribed fee

for maintenance of the right;

2) if the right holder abandons the right, on the day following the day

of filing the statement of abandonment;

3) based on a court decision, or a decision of a competent authority, in

the events specified by this Law, on the day designated in such decision;

4) if the legal person has been dissolved, or if the natural person who

is the holder of right has died, on the day of dissolution of legal person, or

death of natural person, unless the design right has been transferred to legal

successors of such persons.

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Right of a Third Party Entered in Registers

Article 57

If a right in favor of a third person has been entered in the Industrial Design

Register or the Register of Applications (license, lien, etc.), the industrial

design right holder or applicant may not renounce the right without written

consent of the person whose name has been entered in the Register.

If the holder of the industrial design right has failed to pay the fee for

maintenance of the validity of the registered industrial design within the

prescribed term, and the license, lien, or any other right in favor of a third

person has been entered in the Industrial Design Register, the competent

authority shall notify such person that the fee has not been paid and that he

may make due payment within six months following the receipt of the

notification and thus maintain validity of the entered right.

VIII. DECLARATION OF INVALIDITY OF AN INDUSTRIAL DESIGN

REGISTRATION

Article 58

Registered industrial design can be annulled if it is established that at

the time of its registration, conditions have not been fulfilled for the grant of

the industrial design , in particular at the proposal of the interested party or

at the proposal of the public prosecutor (henceforward: proposer).

The registered industrial design can be announced as null and void

also after the expiry of the duration right of protection or the renouncing of

the right to the industrial design by the holder of right.

If the reason for the annulment is based on the article 9, paragraph 1,

point 3 of this Law, the proposal for the annulment of the industrial design

can be filed only by the person fulfilling the conditions to have granted the

right to the industrial design.

If the reason for annulment of the is based on article 9, paragraph 1,

points 4, 5 and 6 of this Law, the proposal for the annulment of industrial

design can be filed only by the person filing the previous application or the

holder of right confronting the right to the industrial design.

If the reason for the declaration of annulment is based on the article 9,

paragraph 1, point 7 of this Law, the proposal for the annulment of the

industrial design can be filed by the public prosecutor or the natural or legal

person using the state emblem or other public crest, flag or symbol, title or

abbreviation of the title of some country or international organization or

religious or national symbol.

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Request for Invalidation

Article 59

The procedure for a declaration of invalidity of a registered industrial

design shall be initiated on the basis of a written request for a declaration of

invalidity.

The request under paragraph 1 of this Article shall contain data about

the petitioner and the holder of the industrial design right, an indication

specifying that a declaration of invalidity of the registered industrial design

is sought, the registration number of the registered industrial design, the

reasons based on which the request for a declaration of invalidity is made,

and the necessary evidence.

Proceedings on the Orderly Request for Invalidation

Article 60

If the request for a declaration of invalidity of a registered industrial

design does not conform to the prescribed conditions referred to in Article

59 of this Law, the competent authority shall invite the petitioner in writing

to remedy the deficiencies within a time limit of 30 days from the date of

receipt of the invitation.

On the basis of a reasoned request by the petitioner, and upon

payment of the prescribed fee, the competent authority shall extend the

deadline under paragraph 1 of this Article by the period of time the

competent authority deems appropriate.

If the petitioner fails to proceed as requested within the set time limit,

the competent authority shall render a decision rejecting the request.

An appeal may be filed against the decision under paragraph 3 of this

Article.

The competent authority shall forward a regular request referred to in

Article 59 of this Law to the respondent, inviting him to submit his reply

within a time limit of 30 days from the date of receipt of the invitation.

In the proceedings based on the request for a declaration of

invalidation, the competent authority may schedule a hearing.

After the completion of the proceedings based on the request for a

declaration of invalidity, the competent authority may render a decision

declaring the registered industrial design invalid as a whole or in part.

After passing the decision on the publication of the partial annulment

of the registered industrial design, the right to the industrial design can be

maintained in the altered form if in such a form, it fulfills the conditions for

protection from article 3-9 of this Law and if the individual character of the

design has been maintained. In the procedure following the proposal for the

28

annulment of the registered industrial design, the holder of right to industrial

design can partial renounce the right to the industrial design in order to

maintain the right to industrial design in the changed form.

Within three months from the final decision declaring a registered

industrial design invalid, the competent authority shall publish, in its official

gazette, the data prescribed for the annulment of rights.

Article 61

A declaration of invalidity of a registered industrial design, shall have

no retroactive effect on any final and enforceable court decisions with

respect to determination of the infringement of right, or on the concluded

contracts on transfer of right, or concession of license, to the extent in which

such contracts have been realized, provided the plaintiff, or the holder of

design right, was acting in good faith.

IX CIVIL LAW PROTECTION

Article 62

(Deleted)

Infringement of Right

Article 63

Any unauthorized exploitation of a registered industrial design within

the meaning of Article 39 of this Law and unauthorized publication of the

subject matter of the application shall constitute an infringement of right.

Imitation of a protected industrial design or the industrial design

applied for registration shall also constitute an infringement referred to in

paragraph 1 of this Article.

When determining the existence of the infringement of right, the court

shall particularly take into consideration the provisions of Articles 8, 9, and

41 of this Law.

Right to Bring an Infringement Action

Article 64

Legal suit due to the infringement of right from paragraph 63 of this Law

can be applied for by the applicant, holder of right to industrial design and

the acquirer of the exclusive license.

Holder of an exclusive license can file an infringement action for the

infringement of right if it has not been prescribed otherwise by a license

contract.

29

Infringement Claims

Article 64a

In the event of infringement or right, the action may be filed and the

plaintiff may request the following:

1) establishment of the existence of an infringement of right or acts

representing serious threat that the right is about to be infringed; as well as

the prohibition of the continuation of such or similar acts under the threat of

penalty payment;

2) prohibition of acts infringing the right or acts representing serious

threat that the right is about to be infringed as well as the prohibition of the

continuation of such or similar acts under the threat of penalty payment;

3) compensation for damages caused by infringement;

4) publication of the court decision at the expense of the defendant;

5) exclusion from the channels of commerce, seizure or destruction of the

infriging products without compensation of any sort;

6) prohibition of alienation, seizure or destruction of material or articles

(equipment, tools) predominantly used in the creation of infringing products,

without compensation of any sort;

7) supplying of information about third parties participating in the

infringement of rights.

Any infringer shall be liable for damages appropriate to the actual

prejudice suffered by the plaintiff as a result of the violation.

If the court established the violation of right, the legal suit against the

person whose services have been used in the course of the violation of right

(intermediary), imply that one can demand the prohibition of the repetition

of action violating the right or similar actions threatening the payment of the

fine.

The court shall, within the infringement claims under paragraph 1

item 4) of this Article, decide in which means of public communication the

court decision will be published. If the court decides to publish the court

decision in part it will determine, within the infringement claims, to publish

the sentence and if necessary that part of the court decision which shows the

nature of the infringement and who committed the infringement.

In considering the claims referred to in paragraph 1, items 5 and 6 of

this Article, the court shall take into account the takes into account the

proportionality between the seriousness of the infringement and the

requested measures and the interests of the third parties.

When the court shall set the damage in the case when the infringer

knowingly, or with reasonable grounds to know, was engaged in an

infringing activity it shall take into account all appropriate aspects, such as

30

the negative economic consequences, including lost profits, which the

injured party has suffered, any unfair profits made by the infringer and, in

appropriate cases, elements other than economic factors, such as the moral

prejudice caused to the right holder by the infringement.

The court may in appropriate cases as an alternative to compensation

of damage referred to in par. 6 of this article, set the damages as a lump sum

on the basis of elements such as at least the amount of royalties or fees

which would have been due if the infringer had requested authorization to

use the intellectual property right in question.

Court Procedure

Article 65

An infringement action may be filed within a period of three years as

from the day on which the plaintiff became aware of the infringement and

the infringer, but not later than five years from the day of the first

infringement.

Court procedure following the infringement action from paragraph 1 of

this article is urgent.

Court procedure for the infringement of right arising from the application

shall be suspended until the final decision of the competent body regarding

the application.

If the procedure under Art. 58 and 71 of this Law has been initiated

before the competent body or the court, the court which acts following the

infringement action from article 64 and 64a shall suspend the procedure until

the final decision of the competent body or the final decision of the court.

Procedure following the legal suit from paragraph 1 of this article is

subject to the provisions of the law regulating the litigation procedure.

Provisional measure

Article 66

Upon request by person who has presented reasonable available

evidence to support his/her claims that his/her right arising from the

application or granted right has been infringed or is about to be infringed,

the court may order a provisional measure of:

1) seizure or exclusion from the channels of commerce the infringing

products;

2) seizure or prohibition of alienation of material or articles

(equipment, tools) predominantly used in the creation of infringing products;

3) prohibition of acts infringing the right or acts representing serious

threat that the right is about to be infringed.

31

Provisional measure from paragraph 1, item 3 of this article may be

issued, under the same conditions, against an intermediary whose services

are being used by a third party to infringe the right.

Upon request by person who has presented reasonable available

evidence to support his/her claims that his/her right arising from the

application or granted right has been infringed or is about to be infringed on

a commercial scale, the court may order, apart from the provisional

measures from paragraph 1 of this article, a provisional measure of:

1) prohibition of disposal movable property or seizure of such

property;

2) prohibition of the payment of monetary funds from the account of

the person against whom the provisional measure has been ordered.

For issuing a provisional measure from paragraph 3 of this article, the

court may order the communication of banking, financing, business or other

essential documents and data or access to such documents and data.

A person to whom a prohibition from paragraph 1, point 2 and 3 and

paragraph 2, point 2 and order from paragraph 4 of this article has been

issued and who has not acted in compliance with the prohibition or an order

shall be fined in accordance with appropriate provisions of the law

regulating enforcement and security procedure.

Procedure for the Determination of Provisional Measures

Article 66a

The court may order a provisional measure immediately after

submission of the request for ordering a provisional without the defendant

having been heard, in particular where any delay would cause irreparable

harm to the applicant.

In the case from paragraph 1 of this article the parties shall be so

informed without delay after the execution of the measures at the latest.

When a provisional measure has been ordered before commencement

of proceeding leading to a decision on the merits of the case or other

procedure, an infringement action, or a motion for commencement of other

procedure to justify a provisional measure, must be submitted within thirty

(30) days from the court decision ordering provisional measure.

Suspension of provisional measures and compensation for the damage

Article 66b

32

If the infringement action has not been submitted within the time limit

referred to in article 66a, or if other procedure for justification of a

provisional measure has not commenced, the court shall, upon request

defended, suspend the procedure and revoke acts already taken.

If a provisional measure has been ordered without the defendant

having been heard, the court shall hear defendant within a reasonable time,

upon his/her request, and after that may suspend the procedure and revoke

acts already taken or modify ordered measure.

If the procedure before the court is suspended and taken acts revoked

or if the court found that there has been no infringement or serious threat

that the right is about to be infringed the defended has a right to the

compensation for any injury caused by those measures.

The court may make the provisional measure lodging adequate

security intended to ensure compensation for any prejudice suffered in the

case referred to in the paragraph 3 of this article.

Obtaining of evidence

Article 66c

When a party in processing before the court has specified evidence

sufficient to support its claims which is in possession or lies in the control of

the opposing party, the court shall order that such evidence be presented by

the opposing party, subject to the protection of confidential information.

Under the same conditions from paragraph 1 of this article, in the case

of an infringement committed on a commercial scale, on application by a

party, the court shall order to opposite party the communication banking,

financial or commercial documents which are in possession or under the

control of the opposing party, subject to the protection of confidential

information.

Secure of Evidence

Article 67

Upon request by a party who has presented reasonably available

evidence to support his/her claims that his/her right arising from the

published application or granted right has been infringed or is about to be

infringed, the court may order, in the course of the court proceeding as well

as before the commencement of proceeding on the merits of the case,

preserving evidence, subject to the protection of confidential information.

Preserving evidence within this law implies:

1) taking the detailed description of the infringing products, with or

without the taking of samples.

33

2) seizure or exclusion from the channels of commerce the infringing

products and, in appropriate cases, the materials and implements

(equipment, tools) principally used in the production and/or distribution of

infringing products and the documents relating thereto.

Procedure for the Determination of the Securing of evidence

Article 68

The court may order preserving evidence immediately after

submission of the request for preserving evidence without the other party

having been heard, in particular where any delay would cause irreparable

harm to the applicant or where there is a demonstrable risk of evidence being

destroyed.

In the case from paragraph 1 of this article the parties shall be given

notice without delay after the execution of the measures at the latest.

When preserving evidence has been ordered before commencement of

proceeding leading to a decision on the merits of the case an infringement

action must be submitted within thirty (30) days from the court decision

ordering evidence preservation.

Paragraph 1 of this article shall be applied on the person from whom

the evidences are provided.

Suspension of preservation evidence

and compensation for the dаmage

Article 68a

If the infringement action has not been submitted within the time limit

referred to in article 68 the court shall, upon request of the defendant,

suspend the procedure and revoke acts already taken.

If preserving evidence has been ordered without the other party

having been heard, the court shall hear other party within a reasonable time,

upon his/her request, and after that may suspend the procedure and revoke

acts already taken or modify ordered preserving evidence.

If the procedure before the court is suspended and taken acts revoked

or if the court found that there has been no infringement or serious threat

that the right is about to be infringed, defendant has a right to the

compensation for any injury caused by those measures.

The court may order that preserving evidence may be subject to the

lodging of adequate security intended to ensure compensation for any

prejudice suffered in the case referred to in paragraph 3 of this article.

Paragraphs 2 and 4 of this article shall be applied on the person from

whom the evidences are provided.

34

Security

Article 69

At the request of the person against whom the infringement action has

been brought or proceeding for provisional measures or secure of evidence

have been initiated, the court may order appropriate cash deposit amount to

ensure compensation in the case of ungrounded request, to be borne by the

plaintiff or the person who has requested the provisional measures.

Duty to Provide Information

Article 70

A court may order a person responsible for an infringement of right to

provide information about any third parties who have participated in the

infringement of rights and about their distribution channels.

The supply of information from paragraph 1 of this Article, the Court

may order to another person:

1) with whom goods have been found that are present in the channels

of commerce, infringing the right;

2) who provides services in the channels of commerce infringing the

right

3) for whom it has been established to give services on a commercial

basis used in the activities infringing the right;

4) who has been mentioned from the part of the person from items 1),

2) or 3) of this paragraph as the person included in the production

or distribution of goods or offering services infringing the right.

The information from paragraph 1 of this article are particularly the

information :

1) on the producers, distributors, supplier and other persons that were

previously included in the production or distribution of goods and

offering of services , as well as salesmen for whom the goods were

intended;

2) data on the amounts of goods and services as produced, delivered or

ordered as well as prices realized for such goods or services.

Persons referred to in paragraphs 1 and 2 of this Article who does not

fulfill the obligation of providing information shall be held liable for any

damages arising therefrom.

Тhe provisions of this article shall be without prejudice to:

1) grant the person whose right has been infringed, rights to receive

fuller information;

2) use in civil or criminal proceedings of the information

communicated pursuant to this article;

35

3) the right to refuse providing information which would force

admission of participation of his/her own or participation of close relatives

in an infringement of right

4) applying the provisions which govern the protection of

confidentiality of information sources or the processing of personal data.

Appropriate implementation of other laws

Article 70a

At the procedure following the legal suit, the proposal for the

implementation of the temporary measure, the proposal for the securing of

evidence and the legal remedy, the appropriate provisions of the law are

aptly enforced in order to regulate the execution and security procedure.

The appropriate measures from the Law which regulates the

obligation relations, regarding the questions considering the compensation of

damages, are aptly applied.

Contesting the Industrial Design Right

Article 71

The design author or his legal successor may file a complaint to

request that the court determines that he has the right to file an application

rather than, or together with, the person who has filed the application.

The author of an industrial design or his legal successor may request

the court on the basis of a complaint filed, to pronounce a ruling designating

the author as the holder of the registered industrial design instead of the

person, or together with the person, in whose name the industrial design has

been registered with the competent authority.

The complaint referred to in paragraph 1 of this Article may be filed

any time before conclusion of the proceedings for recognition of the design

right, and the complaint referred to in paragraph 2 of this Article may be

filed any time before expiry of the design right validity period.

Entering Court Decision in the Register

Article 72

Where the claim referred to in Article 71 was granted by a final and

enforceable court decision, the competent authority shall, upon receipt of the

final and enforceable decision or upon request of the plaintiff, enter the

plaintiff in the appropriate Register as the applicant, or holder of the

industrial design right.

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Rights of a Third Person Acting in Good Faith

Article 73

The right which a third person acting in good faith has obtained from

the former applicant, or holder of the industrial design right under Article 71

of this Law, shall cease on the day the new holder of right or the applicant is

entered in an appropriate register.

Dispute over Authorship

Article 74

The design author or his legal successor may file a complaint to

request that the court determines who is the author of the industrial design

that is the subject of the application, or a recognized industrial design right,

and to have such person indicated as the author in the application and all

other documents, and in appropriate registers.

The plaintiff referred to in paragraph 1 of this Article may also request

that the verdict be published at the expense of the defendant, and

compensation for moral injury and material injury and all costs of the

proceedings.

There shall be no time limit for filing the complaint referred to in

paragraph 1 of this Article.

Revision

Article 74 a

Revision is allowed against the valid decisions passed in the second

degree in the lagal suits referring to the protection and use of industrial

design or the rights from the application.

X. PENAL PROVISIONS

Article 75

A company or another legal person who has infringed an industrial

design and/or the right arising from the application in the manner referred to

in Article 63 of this Law shall be sanctioned on grounds of corporate offence

by a fine of between RSD 100,000 and 3,000,000.

The responsible person in a company or another legal person shall be

sanctioned for the acts under paragraph 1 of this Article on grounds of

corporate offence by a fine of between RSD 50,000 and 200,000.

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The infringing objects in the corporate offence and the objects used

for the perpetration of the corporate offence under paragraph 1 of this Article

shall be forfeited and the infringing objects in the corporate offence shall also

be destroyed.

The judgment pronouncing punishment against the perpetrator on

grounds of the corporate offence under paragraph 1 of this Article shall be

published.

Article 76

An entrepreneur who has infringed an industrial design right or the

right arising from the application in the manner referred to in Article 63 of

this Law shall be sanctioned on grounds of misdemeanor by a fine of

between RSD 50,000 and 500,000..

A natural person shall also be sanctioned for the acts under paragraph

1 of this Article by a fine of between RSD 10,000 and 50,000.

The infringing objects in the misdemeanor and the objects used for the

perpetration of the misdemeanor under paragraph 1 of this Article shall be

forfeited and the infringing objects in the misdemeanor shall also be

destroyed.

Article 77

A legal person who acts as representative in the exercising of the

rights under this Law (Art. 16) without a power of attorney shall be

sanctioned on grounds of misdemeanor by a fine of between RSD 100,000

and 1,000,000.

The responsible person in a legal person shall be sanctioned for the

acts under paragraph 1 of this Article on grounds of misdemeanor, by a fine

of between RSD 10,000 and 50,000.

A natural person who acts as representative in the exercising of the

rights under this Law (Art. 16) without a power of attorney, shall be

sanctioned on grounds of misdemeanor, by a fine of between RSD 10,000

and 50,000.

XI. TRANSITIONAL AND FINAL PROVISIONS

Article 78

The Register of Industrial Design Applications shall be renamed to the

Register of Applications for the Grant of Industrial Design Rights, and the

Register of Designs shall be renamed to the Register of Industrial Designs,

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and they shall continue to be maintained starting from the relevant ordinal

number.

The Register of Representatives established by the Law on Patents

(„Official Gazette of S&M”, No. 32/04 and 35/04 and „Official Gazette of

the RS”, No. 115/06), shall continue to be maintained pursuant to the law

based on which it has been established and pursuant to the present Law.

Registered industrial designs valid on the date of this Law taking

effect shall remain in effect and they shall be subject to the provisions of this

Law.

The provisions of this Law shall also apply to the applications for the

grant of industrial design rights filed by the date of this Law taking effect in

respect of which administrative proceedings have not been finalized, as well

as to other proceedings instituted in respect of industrial designs still

pending on the date of this Law taking effect.

Article 79

Pledges registered by the date of this Law taking effect in the Register

of Possessory Lien on Movable Property and Rights at the Agency for

Business Registers shall remain in effect and shall be registered in the

relevant register with the competent authority.

The Agency for Business Registers shall, within 30 days from the date

of this Law taking effect, forward to the competent authority the data and

documentation based on which an industrial design pledge has been

registered in the Register of Possessory Lien on Movable Property and

Rights.

Article 80

Bylaws for the enforcement of this Law shall be adopted within four

months from the date of this Law taking effect.

Until the adoption of the bylaws under paragraph 1 of this Article, the

provisions of the regulations adopted on the basis of the Law on the Legal

Protection of Designs („Official Gazette of S&M”, No. 61/04) shall apply,

unless they are contrary to this Law.

Article 81

The following shall cease to be valid as of the date of this Law taking

effect, namely:

1) The Law on the Legal Protection of Designs („Official Gazette of

S&M” No. 61/04);

2) Provisions of Articles 37 and 38 and Article 44 paragraph 1 item 2)

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of the Law on Special Powers for Enhancing the Efficiency of Intellectual

Property Rights Protection („Official Gazette of the RS”, No. 46/06).

Article 82

This Law shall enter into force on the eighth day from the date of its

publication in the “Official Gazette of the Republic of Serbia”.

Special Transitional Provisions of the Law on Amendments of the

Law on the Legal Protection of Industrial Design

(„Official Gazette of the RS”, No. 45/15)

Article 49

From the date of accession of the Republic of Serbia to the European

Union, the provisions of the article 7, paragraph 1 of this Law about the

accessibility to the general public of the industrial design shall be applied

also in the case when in the standard course of doing business there was no

reasonable possibility that the business circles specialized for the given field

on the territory of the European Union or the European Economic Area find

out about the disclosure of the industrial design.

From the date of the accession of the Republic of Serbia to the

European Union, the provision of the article 9, paragraph 1, point 4 of this

Law, it shall be applied also in the case when the industrial design is in

contradiction with the earlier design that became available to the public after

the date of the filing of the application for the protection of the industrial

design or the date of the granted priority right, by registering the design of

the European Union, or the design of the country member of the European

Union from the date that precedes the date of the filing of the application for

the protection of the industrial design in the Republic of Serbia or the date of

the granted priority right for such an application.

From the date of the accession of the Republic of Serbia to the

European Union, the provision of the article 44 of this Law shall be applied

also in the case when the equipment of the vessel or the aircraft registered in

the other country is temporarily found on the territory of the member state of

the European Union, as well as when the import of the spare parts and

belonging to the repair of the above mentioned vehicles and the mending of

the same in the country member of the European Union.

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From the date of the accession of the Republic of Serbia to the

European Union, the regulation of the article 45 of this Law about the

exception of rights shall be applied also in the case when the holder of rights

to the industrial design, or the person authorized by him, has put into the

channels of commerce on the territory of the European Union or European

economic area the product that contains the protected industrial design, or

the product that has been shaped according to the protected industrial design.

Article 50

Proceedings which have been initiated until the date of this Law taking

effect shall be finalized according to the legislation that was on the effect on

the date when they have been initiated.

Article 51

Bylaws for the enforcement of this Law shall be adopted within four

months from the date of this Law taking effect.

Until the adoption of the bylaws provided for by this Law, the provisions

of the regulations adopted on the basis of the Law on the Legal Protection of

Industrial Design („Official Gazette RS”, No. 104/09) shall apply except for

the provisions contrary to this Law.

Article 52

This Law shall enter into force on the eighth day from the date of its

publication in the “Official Gazette of the Republic of Serbia”.