Are you the right holder?
The holder of the right is the original acquirer of intellectual property rights or his legal successor, including professional associations, ie organizations for the collective exercise of rights.
Goods that infringe intellectual property rights
Goods infringing intellectual property rights are in particular:
– a pirated copy of a copyright work or related subject matter, including computer programs
– counterfeit goods
– goods with counterfeit design
– goods infringing a patent or small patent
– goods infringing the right to topography of a semiconductor product;
– goods that are translated
– accordingly designed, constructed, adapted or its purpose is to enable the avoidance, circumvention or removal of a technological measure, device or its component part whose purpose is to prevent or limit certain actions in relation to the subject of protection and which the right holder has not approved.
A pirated copy of a copyright work or subject matter of related law, including computer programs, is a copy of a protected copyright work or subject matter of related law, or goods containing a protected copyright work or subject matter of related law, made without the consent of the right holder.
Counterfeit goods are:
– an unauthorized product bearing a mark which is identical with or substantially indistinguishable from a mark registered in connection with the same or a similar product, including a product which is not marked with a counterfeit mark and is in a package bearing such a mark;
– packaging, label, sticker, instructions for use, warranty card or other item containing a mark identical or substantially indistinguishable from the trademark registered in connection with the same or similar product, whether that item and the product are presented together or separately;
– goods with a counterfeit trademark, ie a pirated copy of a copyright work or an object of related law, in the sense of this law, is also considered a mold or matrix made or adapted for the production of a counterfeit trademark or product bearing such a trademark, or used for the production of copies of copyrighted works or objects of related law;
– counterfeit design is a product made without the authorization of the right holder, which contains a design identical to the design registered for such product or which does not differ substantially from the registered design for the same or similar product.
Goods infringing a patent are a product identical to a product produced on the basis of a patented invention, ie a product made by direct application of a patented process, which was produced without the authorization of the right holder.
The following are prohibited: production, possession and trade of goods, ie provision of services, which infringe intellectual property rights determined by law or an international agreement.
Bodies responsible for the enforcement of intellectual property rights
Ministry of Trade, Tourism and Telecommunications-Market Inspection Sector, https://mtt.gov.rs/tekst/89/sektor-trzisne-inspekcije-.php
Ministry of Health-Inspection for Medicines and Medical Devices, https://www.zdravlje.gov.rs/tekst/333301/sektor-za-lekove-i-medicinska-sredstva-psihoaktivnekontrolisane-supstance-i-prekursore.php
Ministry of Finance-Customs Administration, https://www.carina.rs
Ministry of Interior
Republic Public Prosecutor’s Office, http://www.rjt.gov.rs/ci/
Enforcement of intellectual property rights in administrative proceedings
Enforcement of intellectual property rights in administrative proceedings is regulated by the Law on Special Powers for Effective Protection of Intellectual Property Rights (“Official Gazette of RS”, No. 46/06, 104/09-other law and 129/21)
Request for implementation of activities and undertaking of measures within the competence of the Market Inspection Sector
A system has been developed that helps right holders to submit an online request for the implementation of activities and taking measures within the competence of the Ministry of Trade, Tourism and Telecommunications – Market Inspection Sector. This system provides a form that the right holder should fill in with all relevant information, data and attachments that justify the suspicion of infringement of intellectual property rights, with a proposal for a measure within the competence of this body in accordance with the Law on Special Powers to effectively protect intellectual property rights. .
Instructions for accessing the application form can be found here: https://ipr-enforcement.gov.rs/wp-content/uploads/2022/05/User-Manual-AfA.docx
Ministry of Trade, Tourism and Telecommunications