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Trademarks
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- PCT Convention
- Budapest Treaty
- Hague Agreement
- Lisbon Agreement
2.
Trademark Law entered into force on 1 January 2005
3.
Patent Law entered into force on 10 July 2004
4.
Law on Design entered into force on 1 January 2005
5.
Copyright and related Rights Law entered into force on 1 January 2005
6.
Geographical Indications Law entered into force on 1 January 2005
7.
Law on the protection of topographies of Integrated Circuits entered into force on 1 January 2005
Trademarks
Filing the Application – Requirements:
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- Name and address of the Applicant
- Representation of the Mark
- List of goods and services according to Nice Classification
8th edition (Classes 1-45)
- Priority date, country and number and the original Priority
document which can be submitted subsequently within three months
as from the Application date along with certified translation
into local language. This term cannot be extended
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently within 30 days as from the date of receipt
of the Official Invitation from the Office. This term can be extended
several times up to 6 months
Registration Procedure:
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- The Application is filed and examined with the Federal Intellectual
Property Office
- The Office examines absolute and relative grounds for refusal
- The registration procedure takes three years as from the application
date
- No opposition can be filed due to the fact that
the Trademark Applications are not published in Yugoslavia. However,
the observation of the interested parties can be filed with the
Office.
- Upon payment of ten years protection fees,
the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees the Trademark will be extended
for a further 10 years. The renewal fees can be paid during the last
six months of previous ten years protection period or up to six months
after the expiration date with a fine of 50% of the renewal fees.
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee. Document
must be legalized by the Apostille or notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
Patents
Filing a Conventional Application
– Requirements
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- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently, within 30 days as from the receipt
of the official invitation. This term can be extended several
times up to 6 months
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within 30 days as from the receipt
of the official invitation. This term can be extended several
times up to 6 months
- Priority document – can be submitted subsequently, within
3 months as from the Application date along with certified translation
into the local language. This term cannot be extended
- The Application is to be filed within one year as from the priority
date
- Translation of description, claims and abstract into local language,
can be filed subsequently
Filing a National Phase of PCT Application –
Requirements [ top
]
- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary examination report
- PCT Publication page
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted within 30 days as from the receipt of the official
invitation. This term cannot be extended
- Power of Attorney simply signed by the Applicant – can
be submitted within 30 days as from the receipt of the official
invitation. This term can be extended several times up to 6 months
- Translation of description, claims and abstract into local language,
can be filed subsequently.
Time limits for filing a National phase of PCT Application
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- The Application is to be filed with the Office
within 30 months as from the Priority Application date.
Registration Procedure
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- Application is to be published within 18 months as from the
application date or as from the priority date
- Request for full examination is to be filed within 31 months
as from the priority date for the national phase of PCT Applications
or within 6 months as from the publication date for the national
applications
Extension of European patents to Serbia and Montenegro [ top
]
President of the European Patent Office and the Federal Minister of Economy and Internal Trade of the Federal Republic of Yugoslavia (now Serbia and Montenegro - YU) signed on 26 November 2001 in Munich, Deutschland, an a Agreement on co-operation in the field of patents (Co-operation and Extension Agreement). The agreement with Serbia and Montenegro is similar to those in force in respect of Latvia, Albania, Bosnia and Herzegovina, Macedonia and Croatia.
From that date started process of harmonization of the Serbian and Montenegrin regulations in the field of patents with all relevant international documents, e.g. European Patent Convention (version 2000), Agreement on Trade-Related Aspect of Intellectual Property Right (TRIPS - Agreement), Patent Cooperation Treaty, Patent Law Treaty and EU Directive No. 98/44EC - Legal Protection for Biotechnical Inventions.
As result of that process, Parliament of Serbia and Montenegro rectified Co-operation and Extension Agreement on 18. June 2004 (The Official Gazette of Serbia and Montenegro - International Agreements" No. 14/2004) and adopted on 2 July 2004 new Patent Law (The Official Gazette of Serbia and Montenegro" No. 32/2004). Articles 120 - 129 of the Patent Law govern the extension of European patents in Serbia and Montenegro.
Agreements between the European Patent Organization and Serbia and Montenegro on the extension of the effects of European patent applications and patents entered into force on 1 November 2004. From that date it is possible to extend the protection conferred by European patent applications and patents to Serbia and Montenegro. Extended European patent applications and patens enjoy essentially the same protection in Serbia and Montenegro as patents granted by the EPO for 29 member states of the European Patent Organization.
Extension to Serbia and Montenegro is deemed automatically requested for any European and PCT application filed on or after 1 November 2004 and it is not possible to extend European patent filed prior to that date, or for any European patents resulting form such applications. Applicant have to pay extension fee to the EPO (currently EUR 102) within the time limits prescribed in the EPC for paying designation fees (Article 79(2), Rule 107(1)(d)). The extension fee may also be validly paid, with a sur¬charge of 50%, within the grace period pro¬vided for in the EPC for payment of the desig¬nation fees. If the extension fee is not paid in due time, the request for extension deemed withdrawn.
The request for extension will be considered withdrawn if, upon entry into the regional phase before the EPO, the extension fee is not paid within the applicable time limit. No notification of non-observance of the basic time limit or expiry of the period of grace will be issued, and re-establishment of rights is not possible in respect of payment of the extension fee.
A European patent application for which exten¬sion to Serbia and Montenegro has been requested is equivalent to a duly filed national application in this country and, after publication, confers provisional protection as from the date on which a translation of the claims of the pub¬lished European patent application into the Serbian has been communicated by the applicant to the person using the invention in that country.
Upon completion of the European procedure, the EPO will inform the Intellectual Property Office of Serbia and Montenegro of the grant of the European patent. That patent will have the effect of a national patent granted by the Intellectual Property Office of Serbia and Montenegro, provided that, within three months from publication of the mention of the grant of a European patent in the Euro¬pean Patent Bulletin, a translation of the specification of the European patent into Serbian is filed with, and the prescribed publi¬cation fee is paid to the Intellectual Property Office of Serbia and Montenegro. Renewal fees for the patent will have to be paid to the Intellectual Property Office of Serbia and Montenegro for the years following that in which the mention of the grant of the European patent was published by the EPO.
It is important to note that the option of entering the national phase directly before the Intellectual Property Office of Serbia and Montenegro within 30 months from the priority date, instead of proceeding with a request for the extension of a European patent to Serbia and Montenegro, remains available for any inter¬national application. The above-mentioned time limit of 30 months shall be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
- 20 years as from the application date for
conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- petty patent is valid 10 years as from the application
date
- the protection fees are to be paid annually, prior to the expiration
of the year for which the protection fees have been paid or six
months after the expiration of the protection period at the latest
with 50% fine
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee. Document
must be legalized by the Apostille or notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
3. Change of address
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- full and short title of the industrial design
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- description
- Power of Attorney simply signed by the representative of the
Applicant. The PoA can be submitted subsequently within one month
as from the receipt of the Official invitation. This term can
be extended several times up to 6 months.
Registration Procedure
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- The Industrial Design Application is examined by the Federal
Intellectual Property Office. If the Application meets prescribed
requirements, the Office is issuing the Decision on grant.
- The fees for the first five years of protection are payable
once for five years period. From 6th to 15th year the fees are
payable annually.
- 15 years as from the Application Date
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee. Document
must be legalized by the Apostille or notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
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