Geographical Indications Law in Serbia

Geographical Indications (GI) Law in Serbia

1. Legal Framework

Serbia has a comprehensive legal framework for the protection of Geographical Indications, mainly governed by:

Law on Geographical Indications and Designations of Origin (Official Gazette of RS, No. 17/2016)

Law on Trademarks (for related trademark protections)

Serbia is also harmonizing its IP laws to align with the EU acquis as part of its EU accession process.

The Intellectual Property Office of the Republic of Serbia (IPO Serbia) is the competent authority for GI registration and enforcement.

2. Types of Protection

Serbian law provides protection for:

Designation of Origin (DO)
A product whose qualities and characteristics are due exclusively or essentially to the geographical environment, including natural and human factors.

Geographical Indication (GI)
A product having a specific quality, reputation, or other characteristic attributable to its geographical origin, but with a less strict link than DO.

3. Registration Process

Applications are filed with the Intellectual Property Office (IPO Serbia).

The application must include:

Description of the product

Definition of the geographical area

Proof of the link between product characteristics and the geographical origin

Product specification and production methods

The application is published for opposition.

Upon approval, the GI or DO is registered, granting exclusive rights for its use.

4. Enforcement

Protection lasts for an initial period of 10 years, renewable indefinitely.

The right holders can prevent unauthorized use or misleading indications.

Enforcement is done through administrative and judicial mechanisms.

Customs authorities can assist in preventing import/export of infringing products.

5. International Agreements

Serbia is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.

Serbia is a member of the Paris Convention for the Protection of Industrial Property.

Serbia cooperates with the European Union and aligns with EU regulations related to GIs.

6. Examples

Some Serbian products protected or eligible for GI registration include:

Šumadijski Med (Honey from Šumadija)

Pirotski Kačkavalj (Pirot cheese)

Vranac wine

7. Summary Table

AspectDetails
Governing LawLaw on Geographical Indications and Designations of Origin (2016)
Competent AuthorityIntellectual Property Office of Serbia (IPO Serbia)
Types of ProtectionGeographical Indication (GI), Designation of Origin (DO)
Registration ProcessApplication, publication, opposition, registration
Protection Duration10 years, renewable
EnforcementAdministrative and judicial actions, customs involvement
International ComplianceWTO TRIPS, Paris Convention, EU alignment

 

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