Basic Facts

General Remarks

International registration of design is recorded under the provisions of the Hague Agreement Concerning the International Deposit of Industrial Designs (FRY Official Gazette, no. 3/93, a supplement), (the Hague Act) of 28 January 1960 and the Complementary Act of Stockholm dated 14 July 1967.

Natural persons who are nationals of Republic of Serbia or who have their domicile in its territory, and legal entities which have a registered address or a real and effective industrial or commercial establishment in the territory of Republic of Serbia, desirous of protecting their design abroad, are obliged to first file an application in the country (the Law on Legal Protection of Design, SaM Official Gazette, no. 61/04).

The protection in the State of origin – Republic of Serbia, is obtained by filing an application with the Intellectual Property Office. International protection is obtained by filing an application with the competent national authority of the country in which protection is sought, through a representative who is, under the regulations of that country, authorized for representation. Where, within 6 months from the day of the filing of the application in the State of origin, an application for the same design is filed in a country which is a member of the Paris Union for the protection of industrial property, the applicant may request the registration of the priority right from the day of the filing of the application in the Republic of Serbia, and he can submit as proof a priority certificate issued by the Office (Article 4 of the Paris Convention).

FR Yugoslavia has ratified the Hague Agreement Concerning the International Registration of Industrial Designs (the Hague Act of 1960), hence persons from Republic of Serbia can file through the Office an application for international registration of design with the International Bureau of the World Intellectual Property Organization, and thus obtain protection in those countries which are Contracting Parties to the Hague Agreement – the 1960 Hague Act.


THE HAGUE AGREEMENT CONTRACTING PARTIES ARE:

* Contracting Parties of the Hague Act of 1960

The term of international protection of design is 5 years from the day of international registration and it can be renewed for the subsequent period of 5 years. An applicant who has filed an international application may request deferment of publication for a period which may not exceed twelve months from the filing date of the international deposit. In that period, the applicant may request immediate publication or may withdraw his deposit completely, or in one or a few only of the initially indicated Contracting Parties and, in the case of a multiple deposit, with respect to some number of design included therein.

(Note: A complete Information Circular concerning the procedure for international protection of design can be downloaded at the link Forms and Instructions)