Intellectual Property Law

Registration grants the exclusive right to use the mark for the designated goods or services and provides the legal ground to act against unauthorised use.

Without it, protection relies on limited copyright or on proving acquired distinctiveness, which is complex and costly. A registered mark also raises company value, since it can be licensed, assigned or used as collateral.

Copyright protects original works — literary, artistic, musical, software — and arises automatically on creation, without registration. Industrial property covers rights obtained by registration: trademarks, patents and designs.

Copyright protects the expression of an idea; industrial property protects innovation, product appearance and the signs that distinguish goods and services. In practice they overlap, so full protection usually combines both.

First, establish which registered rights exist and how strong they are. The usual first step is a cease-and-desist letter demanding that use stops.

If that fails, court proceedings can stop the use and claim damages. Online, removal can be sought through DMCA notices or directly with platforms. Speed matters, since infringement erodes brand value.

A patent protects a technical solution and gives the owner the exclusive right to prevent others using it. Protection requires a detailed application — description, drawings and claims — followed by examination.

In Serbia, as in most countries, protection lasts 20 years from the filing date, subject to maintenance fees.

A domain is not itself an IP right, but it is closely linked to trademarks and brands. Where a domain contains a sign identical or similar to a registered mark, it can be recovered through dispute resolution (UDRP at WIPO or national arbitration).

Court action is also possible in clear cases of cybersquatting. In practice a trademark registration combined with timely domain acquisition is the safest route.

No — copyright arises automatically on creation. Depositing the work with the IP Office is still useful in practice.

It provides evidence of authorship and date, which is decisive in disputes, particularly for software and visual works that are frequently shared with third parties.

Assignments, copyright agreements, trademark and patent licences, R&D collaboration agreements, and sponsorship and advertising agreements.

They govern how rights are used, transferred or shared with partners and investors. Well-drafted contracts prevent disputes and enable monetisation.

In Serbia a trademark usually takes six to twelve months where there is no opposition. International registrations take longer depending on the countries designated.

Patents are more complex — filing and examination can run for several years. Protection runs retroactively from the filing date, so filing early is recommended.