At the beginning of May, the Commercial Appellate Court upheld the first-instance verdict and ruled in favor of our client, Petroprocess, in a court dispute that was conducted due to unfair competition due to the similarity of the business name.
The proceeding initiated at the beginning of 2018 finally got its successful epilogue, since the court determined that the use of identical names of business entities led to confusion on the market, due to which the defendant was prohibited from using part of the name in the form of the word “Petroprocess” in its business name.
The court ruling rendered in this dispute is particularly important both from the aspect of intellectual property protection and from the aspect of unfair competition.
Specifically, the trade name is considered a part of industrial property in accordance with Article 8 of the Paris Convention for the Protection of Industrial Property. However, Serbian law and case law completely ignore this aspect of the business name, which is evident both from the substantive regulations governing this issue and from the prescribed court jurisdiction. As disputes regarding the protection of business names are conducted before the courts competent in accordance with general regulations, and not before the competent Commercial Court in Belgrade (i.e., the High Court in Belgrade) which resolves disputes related to intellectual property protection, it is clear that there is still insufficient understanding and legal protection of this aspect of the business name.
On the other hand, unfair competition is ubiquitous in the market, but there is still a lack of case law on this matter. Precisely this aspect reiterates the significance of the said judgment that recognizes the use of similar business names as unfair competition, providing legal protection to business entities in the market and enabling fair market competition.
Finally, the proceeding confirmed that ideas, as well as words, cannot be subject to IP rights, a rule that has long been established in the practice of EU member states.
Tijana Žunić Marić, Attorney at Law and Partner at Zunic Law Firm, who led the team representing Petroprocess briefly commented:
“It was such an honor to represent Petroprocess in this proceeding. In a complete absence of case law, and by relying on foreign case law, in conditions where the court is not specialized for trials regarding intellectual property disputes, the proceeding itself was an immense challenge.
We are proud to have participated in the creation of new case law, and to have paved the way to the protection of other businesses on the market, which are facing the problems of unfair competition as well.”
Zunic Law for Intellectual Property
We provide clients with comprehensive support throughout the entire life cycle of intellectual property rights, from filing and registration to drafting contracts and licenses, as well as representation in proceedings and dispute resolution. In this way, intellectual property becomes a tool for growth, investment, and market security.
In the field of trademarks, we offer complete support, from availability checks and filing applications to monitoring the trademark registration process. We represent clients before domestic and international institutions, ensuring long-term and effective brand protection. We develop brand management strategies that strengthen identity and market value, turning a brand into a stable business asset.
We protect the originality of products through the registration of industrial designs both domestically and abroad, ensuring that the appearance and creative expression of our clients are recognized and safeguarded as a competitive advantage.
Zunic Law advises and represents authors, artists, and companies in the protection of their copyrighted works, from registration to enforcement. We ensure that creative works are properly protected and used in accordance with the interests of their creators.
We provide support in protecting digital content from piracy and unauthorized use, as well as in the enforcement of copyright online. We assist in removing infringing materials and protecting digital rights in the online environment.
Our team advises clients on the registration, protection, and resolution of disputes related to internet domains, ensuring that a domain remains a stable part of a company’s digital identity.
When it comes to inventions, we assist in patent application and protection procedures at both national and international levels, ensuring that innovations are properly protected and fully utilized for business purposes.
We also facilitate the deposit of copyrighted works as proof of authorship and date of creation, providing an additional layer of legal security in case of disputes.
Zunic Law represents clients in cases involving infringement of market rights, unfair competition, and misuse of business reputation, with the goal of ensuring fair market conditions and protecting brand reputation.
We help companies establish and implement confidentiality and trade secret protection policies, safeguarding the key information that forms the foundation of their competitive advantage.
We represent clients before the Intellectual Property Office, courts, and other relevant institutions, providing support at every stage, from registration to enforcement of rights.
Our team drafts and negotiates license agreements, transfer of rights, joint ownership, and confidentiality agreements, ensuring that every contractual provision protects our clients’ interests and enables secure and sustainable business operations.
Petroprocess
Petroprocess provides its services and products to companies that are leaders in the energy, petrochemical, iron processing, oil, and oil derivatives industries. Petroprocess specializes in delivering solutions in the fields of process analytics, emissions monitoring (CEMS), combustion and flame analysis, measurement and control systems, filtration, safety and security, as well as related maintenance services.
Since 2003, we have been pioneers in this field and have become a market leader. For 20 years, Petroprocess has been acquiring and enhancing its market knowledge, developing agility and close relationships with clients, and gaining a deep understanding of their needs and requirements.
Petroprocess is the only company in Serbia that possesses all the tools necessary for the successful implementation of projects, serving as a one-stop shop that provides clients with complete, integrated solutions in one place.
