Intellectual property encompass various types of rights that relate to creative and innovative products of human intellect, such as copyrights, patents, trademarks, designs, and trade secrets. In principle, all intellectual property rights can be divided into two groups: copyrights and related rights on one side, and industrial property rights on the other. The legal framework regulating the protection of intellectual property plays a key role in securing the rights of authors and holders of these rights, as well as in preventing their unauthorized use and abuse. The purpose of these rights is to prevent others from copying or unlawfully using protected intellectual property rights without the permission of their holder.
In modern conditions, it is especially important to adequately protect ideas and innovative products, given that technological development has enabled or facilitated numerous abuses of almost all rights that fall under intellectual property law, significantly increasing the need for effective legal protection. Before the internet, it was relatively simple to protect, for example, a brand trademark, while today, in the digital age, additional protective measures are needed to prevent various violations of this right.
The importance of intellectual property rights is immense, especially for modern living and business conditions. First, intellectual property has individual significance as it encourages the development of creativity and innovation in each individual. If a person knows that their work will be properly protected and that they, as the creator, and those they authorize, will reap the benefits of their work, rather than any person who unlawfully uses it, they will be highly motivated and encouraged to continue creating inventions and contributing to societal development in all areas.
On the other hand, what is much more important for the global society and business world is that predominantly large corporations create innovative products, protect them, and then market them regionally or globally, reaping the rewards from the use of their protected intellectual property rights. In this sense, it can be said that intellectual property law promotes economic growth and development while stimulating competition between large companies.
Copyrights and Related Rights
Copyright protects creative works and their authors from unauthorized use by third parties. A work of authorship is an original intellectual creation expressed in a certain form, regardless of its artistic, scientific, or other value and other characteristics. Therefore, if someone has an idea but does not express it or keeps it to themselves, they will not be considered an author, and their thought or idea will not be considered a copyrighted work. It is important that they materialize that idea in some way. The author is the individual who created the work and enjoys economic (the right to economically exploit their work) and moral rights (the right to be recognized as the author, the right to publish the work, and the right to oppose the use of their work in a way that could harm their reputation, etc.) from their work. Economic rights last for the lifetime of the author and for 70 years after their death, while moral rights are not time-limited.
It is assumed that the author suffers material damage in the case of a violation of economic rights, and non-material damage in the case of a violation of moral rights. The author has the option of filing several types of lawsuits to protect their rights.
Unlike other intellectual property rights, copyright protection is automatic and arises with the creation of the work, but additional legal security through intellectual property law is often necessary to ensure the author’s interests. Authors, of course, can enhance this basic level of protection by initiating an appropriate procedure before the Intellectual Property Office to prove the existence of their work and their authorship in case of a legal dispute.
Copyrights can be inherited, and they can also be transferred during the author’s lifetime through a contract of assignment.
Related rights are those that are closely linked to the protection of copyrighted works. These include: the right of performers (the subject of protection is the interpretation of a work), the right of producers of sound recordings (the subject of protection is the sound recording on a sound medium), the right of producers of video recordings (the subject of protection is the film work or a series of moving images with or without accompanying sound), the right of producers of broadcasts (the subject of protection is the sound, visual, or audiovisual content that is converted into an electric, electromagnetic, or other signal and broadcast for public communication), the right of producers of databases, and the right of publishers.
The rules regarding related rights are similar to those applied to copyrights.
Patent and Utility Model
A patent protects an invention that offers a new technical solution to a problem. It is the most complex intellectual property right, whose registration and protection follow a very complex process. Of course, not every invention can be patented, but only those that meet strict legal conditions. It is necessary for the invention to be new (not covered by the state of the art or previously filed applications), industrially applicable (in any industry, including agriculture), and have an inventive step (not obvious based on the state of the art and offering a new technical solution to a problem).
However, even when all the conditions are met, there are inventions that cannot be patented, such as processes whose commercial use would be against public order or morality (e.g., human cloning).
The patent holder has the exclusive right to economically exploit their protected invention and is the only one who can manufacture, market, and dispose of it, while also having the right to prevent others from undertaking these actions. Such protection is one of the key aspects of intellectual property rights, as it enables patent holders to ensure exclusive use of their innovations. A patent holder may file several lawsuits to protect their right. If they believe their right has been violated, the patent holder may file a lawsuit for infringement within 3 years of learning about the infringement and the infringer, and no later than 5 years after the violation. They may also file a lawsuit to determine their right to protection, for the protection of rights related to inventions made in employment, and to determine the status of an inventor.
In any case, the inventor has the right to claim compensation for damages caused by the infringement and unauthorized use of the invention by third parties.
The procedure for registering and protecting an invention is initiated by filing an application, and the patent is obtained through the publication of the granted right in the official journal and the relevant register kept electronically by the Office. It is valid for 20 years from the filing date. During the patent’s validity, the patent holder must pay the required fees, or the right will expire.
A utility model is a right that protects a new, industrially applicable invention with an inventive step. The level of inventiveness is one of the main differences between a patent and a utility model, where the latter is the result of work that goes beyond routine use of the state of the art by experts but does not meet the higher inventive step required for a patent. The creators of utility models are most often individuals and small businesses. A utility model lasts for 10 years.
Rights arising from applications, as well as rights to patents or utility models, can, with or without restrictions, be subject to assignment through a licensing agreement. They can also be pledged under a pledge agreement, a court decision, or another government authority’s decision. All these changes must be properly recorded in the patent or utility model registry.
Trademark
A trademark is a right that protects a sign used in business (most commonly to mark goods produced and sold, but also services) and aims to distinguish the goods or services of a particular individual or legal entity from the same or similar goods or services of other entities. A trademark can be a picture, logo, color, letters, words, symbols, or combinations of all of these.
An individual trademark is a legally protected sign used exclusively by the entity that is registered as the trademark holder. In addition to individual trademarks, there is also a collective trademark associated with an association of manufacturers or service providers, which may only be used by the members of that association. Finally, a certification mark guarantees quality and can be used by multiple entities under the trademark holder’s supervision.
To protect your brand, you must initiate the trademark registration process by submitting an application to the Intellectual Property Office of the Republic of Serbia, as a trademark is one of the core categories of intellectual property and is crucial for protecting brand identity, along with the necessary documentation and payment of the prescribed fees. Before initiating any process, it is essential to check if the sign you want to protect as a trademark is already subject to a prior application or an existing trademark.
A trademark right is acquired upon registration in the Trademark Register and lasts for 10 years, with the possibility of indefinite renewal.
If you successfully complete the trademark registration process, you will have the exclusive right to label your goods and services with the protected sign and the right to prevent others from doing so. However, such protection applies only within the territory of the Republic of Serbia. Therefore, if your company operates globally, it is advisable to protect your brand with an international trademark. International trademark protection must be preceded by national protection, meaning that once your trademark is recognized in Serbia, you have the right to submit an international trademark application through the Serbian Intellectual Property Office, which can lead to the registration of an international trademark valid for 10 years.
If you have a sign you wish to protect as a trademark, whether nationally or internationally, it is recommended to consult an expert lawyer who can provide necessary legal assistance. Trademark infringement is very common nowadays, and if you find yourself in a situation where a third party violates your right, legal actions must be taken to protect your rights.
Geographical Indication
Geographical indications are origin names and geographical indications. An origin name refers to a geographical term of a country, region, or locality used to designate a product originating from there, whose quality and special characteristics are exclusively or essentially determined by the geographical environment, including human and natural factors, and whose production, processing, and preparation are carried out entirely within a specific limited area.
On the other hand, a geographical indication is a sign identifying a product as originating from a specific country, region, or locality, where the product’s certain quality, reputation, or other characteristics can be attributed to its geographical origin, and whose production, processing, and/or preparation occurs in a specific limited area.
The primary distinction between origin names and geographical indications is whether all stages of the production process take place in one narrow area (as with an origin name) or only the stage that gives the product its reputation and special properties. An origin name provides a higher level of protection.
Naturally, this intellectual property right also needs to be registered to be legally protected. The protection process takes place in two phases: the registration phase and the recognition of the authorized user of the geographical indication, initiated by submitting an application to the Intellectual Property Office of the Republic of Serbia.
The right is acquired through entry into the Register of Geographical Indications, and this right is not time-limited. The status of the authorized user of a geographical indication is obtained upon registration and is time-limited to 3 years, with the possibility of indefinite renewal.
Industrial Design
An industrial design refers to the protection of the external appearance and shape of goods. Sometimes, the external appearance of goods can be crucial for customers, and they often choose specific products because of their external characteristics. For this reason, the manufacturer of such goods has an economic interest in protecting the design and preventing others from producing goods of the same or similar appearance or shape. To protect an industrial design, it must be new and have individuality.
The process of registration and protection of a product design follows the same principles as for other intellectual property rights.
Industrial design protection is acquired through registration in the Design Register and lasts for 5 years, with the possibility of renewal up to 4 times, so the total protection period can be up to 25 years.
Legal Services We Provide:
- Copyrights and Related Rights – Consulting and assistance regarding the protection of works (books, music, films, artistic works, etc.), registration of copyrights and related rights, and legal protection in cases of infringement.
- Patents – Assistance in the patent registration process (initiating proceedings, interaction with the Patent Office and the European Patent Office, representation in proceedings), advice on protecting technical solutions, and protection from competitive infringements.
- Trademarks – Registration and protection of trademarks, branding, strategies to prevent the use of similar or identical trademarks by competitors, and representation in proceedings related to trademark infringement.
- Geographical Indications – Registration and protection of geographical indications, legal consulting, and representation.
- Industrial Design – Legal assistance in protecting industrial designs and the external appearance of products, registration of industrial designs, and protection against plagiarism. Initiation and representation in procedures for registering and protecting this intellectual property right.
- Trade Secrets and Confidential Information – Advising on the protection of trade secrets, drafting confidentiality agreements (NDA), and protecting against unauthorized disclosure or use of business information.
- Legal Protection and Disputes– Representation in legal proceedings related to the protection of intellectual property rights, including disputes over the infringement of rights, as well as procedures for claiming damages caused by unauthorized use of clients’ rights. Effective legal protection in the field of intellectual property law ensures that authors, innovators, and businesses can freely use and monetize their intellectual assets.
- Communication with the Competent Authority– Successful representation in registration and protection procedures for all types of intellectual property rights before the competent institution – the Intellectual Property Office.
- Contracts– Drafting all types of contracts for the protection of intellectual property rights.