Serbia Amends Patent Law

The amendments to the Serbian Law on Patents, which further harmonize the Serbian law with EU legislation, were adopted on September 17, 2019 and entered into force on September 26, 2019.

Articles 113 to 127 regulating supplementary protection certificates (SPCs) are now harmonized with EU regulations. The most important change related to SPCs is the introduction of the ‘pediatric extension’ (Article 123a), which will enter into force when Serbia joins the European Union. This provision extends the duration of the SPC protection term for pharmaceuticals adapted for pediatric needs, provided that the trials in compliance with an agreed pediatric investigation plan have been completed in the European Union and a marketing authorization in accordance with special regulations has been issued in all EU member states. This extension is introduced in order to provide incentives for the development of pediatric medicinal products, which are subject to additional clinical trials necessary to safeguard this age group.

The amendments also introduce patent protection in situations where patent infringement has not occurred, but a serious risk exists that it will occur. Patent holders are now able to take provisional measures against potential infringers. Additionally, the amendments introduce the possibility to take provisional measures and file a patent infringement lawsuit against intermediaries, the parties whose services were used to infringe patent rights. Finally, the amendments now explicitly state what constitutes patent infringement (Articles 132 to 144), and further harmonize the terminology with that of the EU.

Provisions governing the relationship between employed inventors and employers have been amended. Employment now means engagement only under the employment agreement, excluding other possible agreements between employers and employees. If the employer is designated as the patent holder of the invention that the employee made, the inventor is authorized to receive compensation for the invention. However, the previous version of the law stated that remuneration has to correlate to the economic effects of the invention; this provision has been removed. Furthermore, the inventor appears to no longer be entitled to receive compensation if the invention is licensed to third parties.

By: Nada Herak

For more information, please contact Nada Herak at our Serbia office.