Trade mark and copyright protection are statutory rights governed by:

• the Law on Trademarks;
• the Law on Copyright and Related Rights;
• the Customs Law;
• the Law on Special Authorities for the Efficient Protection of IPRs; and
• the Law on Trade.

Trade mark rights are acquired exclusively through registration. An exception exists for well-known and famous trade marks. Copyright arises automatically upon creation of the work.

Serbia is a member of the following trade mark treaties:

• the Paris Convention for the Protection of Industrial Property;
• the Madrid Agreement and the Madrid Protocol on the International Registration of Marks;
• the Nice Agreement on the International Classification of Goods and Services;
• the Vienna Agreement establishing the International Classification of the Figurative Elements of Marks;
• the Nairobi Treaty on the Protection of the Olympic Symbol;
• the Trademark Law Treaty (TLT); and
• the Singapore Treaty on the Law of Trademarks.

Regarding copyright and related rights, Serbia is a member of:

• the Berne Convention;
• the Universal Copyright Convention;
• the Rome Convention;
• the Geneva Convention;
• the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT);
• the WIPO Performances and Phonograms Treaty (WPPT); and
• the Marrakesh Treaty.

These treaties are ratified and implemented through national legislation. The rights of foreign trade mark and copyright holders are protected equally as the rights of domestic holders.

Serbian law recognises individual, collective and certification (guarantee) marks. A trade mark may consist of any signs (words, personal names, drawings, letters, numerals, colours, three-dimensional shapes, the shape or packaging of goods, or a combination of those signs or sounds) provided it is fit for:

• distinguishing goods/services from those of another natural or legal person; and
• being represented on the Trademarks Register in a manner that enables authorities and the public to clearly and precisely determine subject matter of the protection.

Service marks are protected in the same way as trade marks. A collective mark is a trade mark representing certain forms of association of producers or providers of services, the members of which have the right to use it under requirements prescribed by law. Users have the right to use the collective trade mark only in the manner envisaged by a general act thereon.

Certification marks distinguish goods/services certified by the proprietor from the same or similar goods/services of others. They are used under the supervision of the proprietor of the trade mark as a guarantee of quality, material, the manner of production or other common characteristics of goods/services protected by that trade mark.

Indications of geographical origin are a separate IP right. They serve to mark natural, agricultural, food and industrial products, and traditional handicrafts products and services. Surnames may be registered as trade marks with the written consent of the person/successor. Registration of surnames of historic or otherwise famous deceased people additionally requires approval of the competent authority. Industrial designs are protected separately, but a certain design may be protected as a trade mark.

Serbia, as a member of the Nairobi Treaty, is obliged to protect the Olympic symbol against any commercial use without the authorisation of the International Olympic Committee. Certain signs, such as state emblems, flags, official symbols of international organisations and official control or quality marks, cannot be registered as trade marks without the prior approval of the competent authority. National and religious symbols cannot be registered.

Two categories of trade marks enjoy broader protection: well-known and famous trade marks. Well-known marks are signs that, although not registered in Serbia as trade marks, are protected as reputable signs in Serbia. Famous marks are protected signs that are clearly recognised as signs of high reputation in Serbia, and which have protection even for goods/services not covered by the registered trade mark.

Distinctiveness is the essential requirement for trade mark protection. Generic, descriptive or non-distinctive signs may be registered only if the applicant proves that, by serious use, the sign became recognisable in the channels of commerce of goods/services that it refers to.

Trade mark owners enjoy exclusive rights throughout the term of protection to use the mark for the registered goods/services, and to prohibit third parties from using identical signs for identical or similar goods/services, or identical/similar signs where there is a likelihood of confusion. This includes use on goods and packaging, and in commerce, import/export, storage and advertising. These rights also apply to trade mark applications from the filing date, on the condition that they are registered.

Trade mark use is not required for registration.

In Serbia, the use of ®, TM and similar symbols is optional and is not regulated by law.

A trade mark in Serbia may also be protected as copyright if it meets the requirements. Surnames may be registered as trade marks with the necessary consents. The author’s moral rights do not limit the registration or use of such marks, provided that the required consents are obtained. Earlier copyright may constitute an obstacle to trade mark registration.

Copyright is regulated by the Law on Copyright and Related Rights. Protected works include literary, musical, dramatic, choreographic, audiovisual and fine art works, architectural works, photographs, applied art, industrial designs, cartographic works, software, databases, collections and derivative works. Software falls under literary works.

Industrial designs are entitled to copyright protection where they qualify as original intellectual creations of a natural person.

A work qualifies for copyright protection if it is an original intellectual creation of a natural person, expressed in a specific form that may be written, electronic, visual, spoken or expressed through movement.

An author is a natural person who created a work. Although only a natural person can be an author, legal entities may be holders of copyright. AI and animals cannot be authors.

For works created in the course of employment, the employer holds exclusive economic rights for five years, after which they revert to the employee unless otherwise agreed. For computer programmes and databases, the employer is the permanent holder of exclusive economic rights, unless the employment contract provides otherwise.

A co-author is a natural person who created a work with another person. Co-authors jointly hold copyright unless otherwise agreed. Consent of co-authors is generally required for exploitation and assignment of rights, although no co-author may withhold consent contrary to good faith. Economic benefits are shared as agreed or in proportion to the actual creative contribution. Each co-author may independently bring legal action to protect the work, but only in their own name and on their own behalf.

In film works, the scriptwriter, director and chief cameraman (and in certain cases the music composer and lead animator) are considered co-authors.

Authors hold moral and economic rights. Economic rights refer to commercial exploitation of the work. They are transferable and include:

• rights of reproduction, distribution, rental, public performance, presentation, communication and transmission to the public;
• broadcasting, rebroadcasting, adaptation and other modifications; and
• public communication of works fixed on sound or visual carriers.

These rights also extend to adaptations or derivative works created from the author’s original work.

Moral rights include the right of authorship, the right to be named, the right of disclosure, the right to integrity and the right to oppose degrading use of the work.

Economic rights last for the duration of the author’s life and for 70 years after death; for co-authors, the term is 70 years after the death of the last surviving co-author. For anonymous or pseudonymous works, the 70-year period is calculated from disclosure, unless the author’s identity is revealed earlier. For collective works, economic rights last 70 years from lawful publication. Moral rights remain in force permanently.

The following collective management organisations operate in Serbia:

• SOKOJ – Organization of Musical Authors of Serbia;
• OFPS – Organization of Phonogram Producers of Serbia;
• PI – Organization for the Collective Exercise of Performers’ Rights;
• OFA – Organization of Photography Authors;
• OORP – Organization for the Exercise of Reprographic Rights;
• UFUSAFA ZASTITA – Association of Film Artists of Serbia;
• GOS – Actors’ Organization of Serbia; and
• AA – Association of Authors – Organization of Creators of Works of Fine and Applied Arts.

These organisations grant licences, collect and distribute remuneration, manage repertoires and monitor the use of works.

Copyright arises automatically upon the creation of a work; there is no registration process. Serbia does not have a copyright register but the IP Office does keep records of works of authorship. Authors or right-holders may deposit copies of their work at the IP Office to secure evidence for use in connection with possible legal issues.

Basic information such as the author, right-holder and title of the work is publicly accessible in the record. The deposited copy of the work itself is not available for a third person.

Foreign applicants need to be represented by a Serbian attorney or a representative registered with the IP Office. No formalities, such as copyright notices or symbols, are required in Serbia.

There is no copyright registration in Serbia.

Any disputes concerning the existence, scope or ownership of copyright are resolved by the courts in infringement proceedings. Some issues are resolved in the collective organisation.

Copyright work may also be protected by trade mark, provided it fulfils the conditions for protection. The copyright and trade mark regimes are independent and may coexist.

A trade mark right is acquired solely by registration, with the exception of well-known marks. Unregistered sign protection may rely on unfair competition regulations. Trade mark owners obtain benefits through customs and market inspection measures that are not available for unregistered rights.

Serbia has a single, publicly available Trademarks Register. A prior trade mark search is not mandatory. The IP Office may conduct searches of national and international databases. The results are informative only and concern identical or potentially similar earlier marks.

The trade mark registration process, if it goes smoothly, takes up to six months (longer if objections or oppositions have been raised; generally up to two years). Renewal must be filed for after ten years, or within six months thereafter with a 50% penalty fee. After that, the trade mark expires but it can be revived by filing a new application.

Trade mark protection is obtained by filing an application with the IP Office. Multi-class applications are allowed. The application has to contain a request for registration, the sign, a list of goods/services, applicant details, power of attorney for foreign applicants and proof of payment of prescribed official fees; the latter two may be filed belatedly.

The official filing fee is EUR134 for up to three classes, EUR28 for each additional class and EUR28 for a figurative element. Official fees are subject to change once a year. The official registration fee is EUR380, which encompasses ten-year maintenance, publication and certification.

All natural or legal persons can register a trade mark. Foreign applicants have to be represented by a local attorney or a registered trade mark agent.

Use of the mark in commerce before registration is not required. However, there is a general obligation to use a trade mark; otherwise, it may be removed from the register, in whole or in part, for certain goods/services.

The Serbian IP Office examines the application on absolute and relative grounds. Examination of prior rights mostly covers:

• earlier identical/similar trade marks for identical/similar goods/services;
• well-known and famous trade marks;
• earlier copyright or other industrial property rights; and
• earlier registered plant variety denominations, or signs that reproduce them in their essential elements, for the same or closely related plant varieties.

After filing an application, it may only be amended by limiting goods/services. It is not possible to significantly change the appearance of the sign – ie, its distinctive character. The applicant may request correction of obvious errors in the application.

A trade mark application may be divided into two or more separate applications before being entered into the Trademark Register. Each divisional application retains the filing date and any priority of the initial application. Division is not permitted during the period for filing an opposition. An application cannot be divided if the division would separate goods or services that are the subject of an opposition in a way that extends the opposition to more than one divisional application. Division is not allowed in case of essentially identical or significantly similar goods/services. Division mostly applies to different classes of goods/services.

Providing incorrect or incomplete information in a trade mark application may have procedural consequences, and such issues are examined and adjudicated on by the IP Office. If inaccuracies are identified during the examination, the IP Office invites the applicant to correct them within a prescribed time limit. Failure to do so may result in refusal of the application in whole or in part.

Incorrect or incomplete information may be corrected either at the invitation of the IP Office or on the applicant’s own initiative. The IP Office may also correct obvious errors at any time.

A sign cannot be protected as a trade mark on absolute grounds if it:

• is contrary to public policy or morality;
• is descriptive;
• is not distinctive;
• consists exclusively of a shape or other characteristic that results from the nature of the goods, is necessary to obtain a technical result or gives substantial value to the goods;
• is generic;
• is deceptive to the public as to the nature, quality or geographical origin of the goods or services;
• contains official signs or hallmarks of quality control or warranty, or imitations thereof, unless approved by the competent authority;
• does not fulfil the conditions for registration within the meaning of Article 6ter of the Paris Convention, unless authorised;
• comprises a state coat of arms, flag or other emblem, or another official sign of the Republic of Serbia, unless authorised;
• represents or imitates a national or religious symbol;
• consists of or contains an indication of geographical origin valid in Serbia and relates to the same or similar goods/services; or
• contains an earlier protected plant variety denomination or reproduces it in its significant elements;

If the IP Office raises objections, the applicant has 30 days to respond to the official action; this term may be prolonged for justified reasons.

Serbia participates in the Madrid system as a member of both the Madrid Agreement and the Madrid Protocol.

Opposition

After the application is published, an opposition may be filed within three months from the publication date in the Official Gazette, or three months from the first day of the month following the month indicated in the WIPO Official Gazette for international applications. The three-month deadline cannot be extended. During the procedure, parties may settle or withhold the procedure for up to 24 months to negotiate.

Revocation

There are no statutory deadlines for initiating a revocation action. A trade mark may be revoked based on the following grounds:

• non-use – if it has not been put to genuine use, without justified reasons, on the Serbian market for an uninterrupted period of five years from the date of registration or from the date of last use;
• it has become a generic term for the goods/services for which it was registered, due to acts or omissions of the right-holder or its successor;
• it has become misleading as to the geographical origin, type, quality or other characteristics of the goods/services because of the manner of its use;
• it has become contrary to public policy or morality; or
• in case of a collective or certification mark, it has been used contrary to the relevant general act.

In case of revocation due to non-use, the trade mark ceases to be valid from the date of filing the request for revocation, while in other revocation cases the trade mark ceases to be valid on the day following the date on which the revocation decision became legally valid and binding.

Cancellation may be sought when the trade mark did not meet the statutory registration requirements at the time of its entry in the Register. A cancellation action may be filed at any time. If the holder of an earlier trade mark has knowingly tolerated the use of the later mark for five consecutive years, the right to seek cancellation is lost, unless the application for the later mark was filed in bad faith.

There is no statutory revocation or cancellation procedure for copyright in Serbia.

The legal grounds for filing an opposition to a trade mark application are the existence of earlier conflicting rights. The holder of an earlier trade mark may oppose a sign that:

• is identical to their earlier mark for identical goods/services;
• is identical or similar to their earlier mark for identical or similar goods/services where a likelihood of confusion (including association) exists; or
• is in conflict with their earlier well-known/famous marks or other earlier IP rights.

A company may oppose when an earlier registered firm name (or its substantial part) is identical or similar to the applied sign and relates to identical or similar goods/services. The holder of an earlier trade mark may oppose an application filed by its representative without authorisation.

An opposition may be filed by the proprietor of an earlier right, trade mark, copyright or other industrial property rights or prior company names. Foreign opponents have to be represented by a Serbian attorney or trade mark agent. The official fee for filing an opposition is EUR208. Attorney’s fees vary from EUR300 to EUR500 (or more), depending on the complexity of the case.

Revocation proceedings may be initiated by any interested party, whose interest needs to be reasoned and proven. Cancellation proceedings may be initiated by the public prosecutor or an interested party, which is typically the holder of an earlier trade mark who claims that the challenged mark did not meet the statutory registration requirements at the time of registration. If initiated by the earlier right holder, the other party may request that s/he provide evidence of genuine use of the earlier mark in Serbia in the five years preceding the filing of the cancellation request, unless the later mark was applied for in bad faith or there are justified reasons for non-use.

The IP Office cannot initiate revocation or cancellation proceedings ex officio.

Once an opposition is filed, the IP Office notifies the applicant and prescribes a 60-day period to respond. If no response is filed, the application may be refused. Oppositions are usually resolved based on written submissions, although a hearing may be scheduled. The parties may also reach an amicable settlement and notify the IP Office.

Revocation and cancellation proceedings are held exclusively with the IP Office. Copyrights are not subject to revocation or cancellation proceedings. Partial revocation/cancellation is possible for certain goods or services. This is common in cases of non-use. Partial cancellation occurs in cases where the reasons for cancellation existed only with respect to goods/services at the time of registration.

Decisions of the IP Office are final and are not subject to appeal. Against the decision, an administrative dispute before the Administrative Court may be initiated, usually lasting between three and five years.

Amendments in revocation and cancellation proceedings may be permitted to a limited extent. A party may amend its request before the first-instance decision, provided the amendment is based on essentially the same factual circumstances. The IP Office decides whether a proposed amendment is permissible. Accordingly, parties may supplement their requests with additional arguments or evidence relating to the same facts but cannot expand the request to different factual circumstances.

Revocation and cancellation proceedings are conducted before the IP Office, separately from infringement actions; those are dealt with by the courts. If validity is challenged in infringement proceedings, courts withhold the infringement procedure until the final decision of the IP Office on the validity of the trade mark.

When a trade mark application is filed in bad faith or in breach of a legal or contractual obligation, a party whose legal interest has been violated may initiate court proceedings in order to be declared the applicant or holder of the trade mark. If bad faith is established, the court transfers the status of applicant or right holder to the plaintiff, who becomes the holder of the mark in the Trademarks Register.

An applied/registered trade mark may be assigned in whole or in part. Collective and certification marks cannot be assigned. An assignment may be based on a written assignment agreement, a change in the legal status of the trade mark holder/applicant, or a court or administrative decision.

An assignment agreement has to contain:

• the date of signing;
• the names/company names of the parties and their domicile/residence or seat;
• the trade mark registration or application number; and
• the amount of compensation, if stipulated.

Short-form agreements are acceptable. The original assignment agreement or its certified copy has to be submitted. For certified copies, apostille or legalisation is required unless there is an agreement between the country in question and Serbia, upon which legalisation is not required.

Recordal may be refused if the assignment would cause confusion in trade as to the type, quality or geographical origin of the goods or services, unless the assignee disclaims protection for the relevant goods or services.

Partial assignments are allowed, but recordal will be refused where the assigned goods or services are essentially similar to those remaining with the assignor. Trade mark rights are transmissible upon death and through legal succession.

The applicant/holder of the trade mark may grant a licence – ie, grant the right to use the trade mark in respect of all or certain goods or services. The application for recordal of the licence is filed on a prescribed form together with enclosed proof of legal title, with translation (which may be partial) certified by a court translator. Short-form agreements are acceptable.

The original licence agreement or its certified copy has to be submitted. Certified copies have to be legalised and apostilled unless there is an agreement between the country in question and Serbia, upon which legalisation is not required.

A licence may be exclusive or non-exclusive, and limited to a certain territory or time frame. The law does not limit the duration of trade mark licences. Trade mark applications can be licensed under the same conditions as registered trade marks.

Recordal in the Trademarks Register of assignments and licences is not mandatory. However, it is advisable in order to produce effects towards third parties; if not recorded, they may not be enforceable against third parties acting in good faith and relying on the Register, or because subsequent transfer of rights cannot be recorded without recording the entire chain of transfers.

An infringement action has to be filed within three years from the date on which the plaintiff became aware of the infringement and the infringer, but no later than five years from the date of the infringement, or from the last act of infringement in cases of continuous infringement.

Plaintiffs in a trade mark infringement action may be entitled to:

• a determination of infringement;
• cessation and prohibition of further infringement;
• compensation for damages;
• publication of the judgment at the defendant’s expense;
• confiscation of infringing objects; and
• removal from commerce and destruction or confiscation of infringing goods and materials used for their production.

The full scope of infringement claims is available to owners of registered trade marks, as well as to holders of well-known marks.

Trade mark infringement consists of any unauthorised use falling within the exclusive rights of the proprietor, in particular use of an identical sign for identical goods or services or use of an identical or similar sign for identical or similar goods or services where there is a likelihood of confusion, including association. Unauthorised use includes affixing the sign to goods or packaging, placing such goods on the market, providing services under the sign and importing, exporting, transiting, storing or using the sign in business documentation or advertising. Infringement may also arise at a preparatory stage.

Similar claims are available in copyright cases, including destruction or removal of infringing items, publication of the judgment and disclosure of information on the third parties involved. Serbian law does not use categories such as direct, contributory or vicarious infringement, but actions may also be brought against intermediaries whose services facilitated the infringement.

Copyright or related rights infringement consists of any unauthorised performance of acts falling within the exclusive rights of the holder of the right, failure to pay remuneration prescribed by law or contract, as well as non-compliance with other obligations attributable to the holder of the right.

Cyber-Squatting

Disputes concerning registered national domain names (.RS and .СРБ) are resolved through an administrative dispute resolution procedure before the Serbian Chamber of Commerce. The procedure does not exclude the parties’ right to initiate court proceedings.

In determining whether the use of a sign constitutes trade mark infringement, the following factors are considered:

• the existence of a valid trade mark right (or rights arising from an application);
• unauthorised use of a sign; and
• the similarity of signs and goods/services.

If both the sign and the goods/services are identical, infringement may be found without proving likelihood of confusion. Otherwise, the decisive factor is likelihood of confusion (including association).

Copyright infringement arises where a work is used without authorisation, required remuneration is not paid or other statutory or contractual obligations towards the right holder are violated.

There are no formal prerequisites for filing a trade mark or copyright lawsuit. A cease-and-desist letter, a warning letter or mediation is not mandatory. Court proceedings may be initiated directly.

Trade mark and copyright infringement proceedings are conducted before the courts – ie, the Commercial Court in Belgrade for legal entities and the Higher Court in Belgrade for natural persons and non-commercial entities.

Several costs may arise before filing a trade mark or copyright lawsuit, related to collecting and preserving evidence such as purchasing infringing goods, photographing points of sale, or preserving screenshots of infringing websites or online content. A further common step is sending a cease-and-desist letter, which involves attorneys’ fees. Also, depending on the case, certain documents may need to be notarised to be submitted at the preliminary court hearing. The court procedure is conducted in Serbian, and costs of translation into Serbian are sometimes relatively high. Foreign persons have to be represented by a Serbian lawyer.

Foreign trade mark and copyright holders may bring infringement claims before the Serbian courts where the infringement takes place in Serbia or produces effects in Serbia, or where the defendant is domiciled in Serbia or the trade mark is registered in Serbia.

Declaration of infringement can be claimed only by the right holder, who may file an action seeking it. Negative declaratory actions by alleged infringers (eg, declarations of non-infringement) are not available.

Serbian law does not provide a specific small claims procedure for IP disputes, but parties may opt for mediation or arbitration as faster alternatives to litigation.

In trade mark infringement proceedings, the courts are bound by the decisions of the IP Office concerning trade mark validity.

Trade mark counterfeiting refers to the use of a trade mark without the authorisation of the right holder. Copyright counterfeiting consists of unauthorised reproduction, distribution, sale or other commercial exploitation of copyrighted works, particularly on a commercial scale. Right-holders may request customs and market inspection surveillance measures, including the seizure and destruction of goods infringing IP rights, as well as civil remedies such as injunctions, seizure and destruction, damages, publication of the judgment and disclosure of information on third parties involved.

Unauthorised trade mark use and large-scale copyright piracy may also constitute criminal offences, punishable by fines (up to approximately EUR25,000 for legal entities and approximately EUR500 for natural persons) and imprisonment of up to three years.

The term “bootlegging” is not used as a legal concept in Serbian law, but conduct typically described as bootlegging (illegal manufacture, distribution or sale of goods, including recordings) is fully covered by copyright legislation and may give rise to civil and criminal liability.

In litigation proceedings, a single judge conducts the proceedings and decides at first instance. At second instance, appeals are decided by a panel of three judges. The Supreme Court, acting as an extraordinary legal remedy instance, decides in panels of three judges. Serbia does not have specialised IP courts or separate IP departments. The parties have no influence on decision-makers. Judges are assigned in accordance with the internal court rules.

Registration of a trade mark provides the proprietor with advantages in litigation. It creates presumptions of ownership and validity and grants exclusive rights to prevent unauthorised use. Protection extends to similar goods or services where there is a likelihood of confusion, while famous marks are protected even for dissimilar goods or services, without the need to prove likelihood of confusion.

Costs for conducting a court infringement procedure depend on the value of the dispute, as court taxes and attorney-at law’s-fees are calculated upon the value of the dispute. Typically, the costs in first instance may be EUR3,000–10,000.

There are several situations in which a trade mark holder may not prohibit a third party from using an identical or similar sign, such as when:

• it corresponds to that party’s company name acquired in good faith prior to the trade mark’s priority date;
• it is used in accordance with honest commercial practices;
• it is used as one’s own name or address;
• it contains descriptive indications, or
• its use is necessary to indicate the purpose of the goods or services, particularly accessories or spare parts.

The proprietor also cannot prohibit the use of an earlier right valid only locally, provided that such right is recognised under Serbian law and used within its territorial limits.

Other defences commonly raised in practice include:

• arguments that the statutory limitation period has expired;
• there is no similarity between the signs;
• lack of likelihood of confusion; and
• the existence of earlier rights.

Defendants often try to cancel or revoke the trade mark on which the infringement action is grounded.

Use of copyrighted works without the author’s consent is permitted only in specifically defined situations set out in the Copyright and Related Rights Law, provided that such use does not conflict with the normal exploitation of the work nor may unreasonably prejudice the legitimate interests of the author or right holder. These situations include:

• court and administrative proceedings;
• reporting on current events;
• certain educational purposes;
• library and archive preservation copying;
• limited private copying for non-commercial use;
• temporary technical reproductions;
• quotation; and
• certain broadcasting, public display and disability access exceptions.

Copyright law expressly allows free adaptation for parody or caricature, provided that such use does not create confusion regarding the source of the work. News reporting, quotation and library/archive preservation copying are all listed as exceptions based on the principle of freedom of information.

Serbian law does not recognise a “fair use” doctrine identical to US law, but it permits limited descriptive or necessary use in accordance with honest practices.

Trade marks are exhausted as soon as goods bearing the trade mark are first put on the market anywhere in the world by the trade mark proprietor, or with their consent. As a result, the proprietor cannot prohibit further commercialisation of that specific item (doctrine of first sale). However, exhaustion does not apply where legitimate reasons exist for the trade mark proprietor to oppose further commercialisation, in particular where the condition of the goods has been changed or impaired after they were placed on the market.

Trade mark and copyright holders may seek issuance of provisional measures where it is probable that the right has been or is about to be infringed. The court may order seizure of infringing goods and materials used for their production, removal of goods from the channels of commerce and prohibition of infringing activities. Where necessary to secure damages, the court may also order seizure of the defendant’s assets and/or blocking of their bank accounts, although this is rare in practice.

Courts may grant provisional measures without hearing the defendant only when delay may cause irreparable damage. If a provisional measure is ordered before the initiation of civil proceedings, the lawsuit has to be filed within 30 days to justify the measure.

A defendant may oppose an injunction by challenging the probability of infringement or the existence of a threat of infringement. Common arguments include the absence of trade mark similarity or likelihood of confusion, lawful use of the sign and the existence of prior rights.

Trade mark and copyright holders may claim pecuniary and non-pecuniary damages in infringement proceedings. Courts consider all relevant circumstances of the case, including lost profits and the profits made by the defendant, and may award lump-sum compensation where appropriate. If the infringement was not intentional or not a result of gross negligence, compensation may be limited to the profit obtained by the infringer. In general, non-pecuniary damages are mostly awarded to authors for breach of their moral rights.

The losing party is generally ordered to pay procedural costs to the other party, generally official court taxes and attorneys’ fees (to some extent). However, the sums often do not fully compensate for the actual costs. Translation costs are rarely awarded. Also, if the plaintiff does not succeed in all claims, the courts award reimbursement of costs in proportion to success.

Seeking relief is not conditioned by sending a prior notice to the defendant.

Customs seizures are regulated by the Customs Law and the Regulation on Border Measures for the Protection of IP Rights. Seizures may be initiated ex officio or upon a right holder’s request. The request has to specify the IP right and include proof of ownership, along with supporting material such as product identification manuals, photographs, information on the origin of goods, authorised distributors and manuals for recognition of counterfeit goods. Once granted, customs supervision is valid for one year and may be renewed. When goods suspected of infringing IP rights are seized, the right-holder is notified and has ten working days to request their destruction, provided the importer does not object. Otherwise, court proceedings have to be initiated within 20 working days; if not, the goods are released.

Customs measures primarily apply to counterfeit and infringing goods. Parallel imports of genuine goods are not subject to customs seizure.

Court decisions in trade mark and copyright infringement cases may be appealed. Upon appeals against first-instance decisions rendered by the Commercial Court, the Commercial Court of Appellation decides. Upon appeals against first-instance decisions rendered by the Higher Court, the Belgrade Court of Appellation decides in the second instance. An extraordinary legal remedy (revision) is always available and is determined by the Supreme Court.

An appeal against a first-instance judgment has to be filed within 15 days from the date of receipt of the decision. This deadline cannot be extended. The opposing party is entitled to submit a response to the appeal within 15 days of receipt of the appeal.

The duration of appellate proceedings varies depending on the complexity of the case. Although infringement procedures are considered urgent, the appealing process usually lasts up to two years. The revision has to be filed within 30 days of receiving the second-instance decision.

There have been no landmark IP court decisions relating to AI to date; however, forthcoming legislation is expected to address authorship of AI-generated works and liability for AI-related infringement.

Online service providers may be held liable for trademark and copyright infringement, depending on their level of control and reaction to infringing content. The main Serbian online marketplace has a takedown mechanism that enables the removal of infringing listings, and in practice responds promptly when notified and provided with evidence of rights. However, most internet sales are not made by registered legal entities but by unregistered traders, which makes it more difficult to prosecute them.