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Kitkat, Hershey, Guylian, Mars,…Not all chocolates are trademark-equal

January 31, 2013, ,
Why are some chocolate shapes, and shapes of other candy, protected as trademarks and other shapes are not? The question comes to mind after reading the decision of 12 December 2012 whereby...
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Amendments of 30 January 2013 to the Serbian Trademark Act

January 31, 2013, ,
On 30 January 2013, the Serbian parliament adopted amendments to the Trademark Act of 2009. Most changes concern procedural aspects of the enforcement in case of an infringement. The remainder of the...
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Public procurement and competition under Serbian law

January 30, 2013, ,
The topic of this post is the interplay between public procurement and competition regulations. The recently adopted Serbian Law on Public Procurement (“LPP”), to become applicable on 1 April 2013,...
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Belgrade court missed an opportunity to clarify the originality of an article

January 23, 2013, ,
The High Court in Belgrade recently decided a case in which the central issue was the originality of a plaintiff’s article published in a magazine and later re-published on her...
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BDK’s Igor Nikolić published in ECLR

December 20, 2012, ,
BDK’s Igor Nikolić published an article entitled “Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?” in the December issue of European Competition Law Review. The...
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Supreme Court of Cassation: Commercial courts have no jurisdiction over trademark disputes between non-commercial legal entities

December 20, 2012, ,
On 9 November 2012, the Serbian Supreme Court of Cassation (SCC) passed a decision resolving the negative conflict of competence that had arisen between the High Court in Belgrade and...
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“Exit” Festival and Foreign Producers of Phonograms: New Challenge for O.F.P.S.

December 18, 2012, ,
The previous post described how the Serbian Commercial Appellate Court denied, in May of this year, a request by the Organization of Phonogram Producers of Serbia (O.F.P.S.) to collect royalties...
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Serbian O.F.P.S. cannot collect royalties for Italian music without an agreement with Italian collecting society

December 13, 2012, ,
Earlier this year, the Serbian Commercial Appellate Court ruled that the Organization of Phonogram Producers of Serbia (O.F.P.S.) had no valid claim to royalties for communication to the public of...
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Chianti wines: Dilution possible where marks for identical products are not confusingly similar

December 11, 2012, ,
The General Court of the Court of Justice of the European Union ruled last Wednesday that there was no likelihood of confusion between the figurative signs featuring a rooster as...
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Ice-cream manufacturer Frikom fined for abuse of dominance

December 10, 2012, ,
On 19 November 2012, the Serbian Commission for Protection of Competition (“Commission”) issued a decision finding that Frikom, the largest Serbian ice-cream producer, abused dominance in the wholesale market of...
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