Serbian Draft Law on Geographical Indications Up for Discussion

A public discussion on the Serbian draft Law on Geographical Indications began on July 22, 2009 and will last until August 28, 2009.

The draft law is intended to harmonize Serbian IP legislation with relevant international and European regulations, namely the TRIPS Agreement, the Madrid Agreement and the Lisbon Agreement.

Unlike the existing law, the draft law incorporates European Union provisions that allow protection of goods made from raw materials outside of the processing region. Protection in such a case will be granted only if all of the following conditions are met:

1. The geographical indication must preserve cultural traditions and has to be
   well known;
2. The region of production of raw materials must be clearly defined;
3. Special conditions for the production of raw materials must exist;
4. A system of inspection must be in place to ensure the quality control of the
   production of raw materials.

The quality control of agricultural and food products is to be conducted by administrative bodies authorized by relevant ministries.

The draft law also allows owners of registered geographical indications to seek approval for changing or amending the special characteristics of their products. They can do so if changes and/or amendments are the result of scientific and technical achievements, or when changes and/or amendments are the result of new sanitary regulations.

Such changes and/or amendments can be approved only if they do not alter the basic physical and chemical qualities of the product.

The draft law will replace the existing Law on Geographical Indications, which entered into force on May 20, 2006 as the law of the former State Union of Serbia and Montenegro.

All interested parties can send their comments and suggestions to members of the discussion working group: Ms. Mirela Boskovic and Mr. Zoran Dragojevic of the Serbian Intellectual Property Office, and to Mr. Branislav Raketic of the Serbian Ministry of Agriculture, Forestry and Water Management.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.