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Administrative Court confirms Commission’s decision on abuse of dominance in Frikom

In an earlier post, I analyzed a decision of the Commission for Protection of Competition finding that the Serbian ice-cream manufacturer Frikom abused its dominance on the wholesale market of industrial ice-cream by engaging in vertical price-fixing, imposing exclusivity on retailers either through explicit exclusivity clauses or through rebate schemes, and discriminatingamong customers by offering […]

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Further clarification from E.U. court about trademark-design relationship

On 25 April 2013, the General Court of the European Union weighed in on the issue of relationship between three-dimensional marks and designs. In Su-Shan Chen v. OHIM, the Court compared a registered Community design incorporated into cleaning devices, on the one hand, and a Community three-dimensional mark, registered earlier, with very similar geometric form, dimensions […]

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State aid to Fiat: permissible or not?

A Protocol on Mutual Relations recently signed between the Republic of Serbia and the Serbian car manufacturer Fiat automobili Srbija has polarizedthe professional and business community. According to the Protocol, the Serbian Government undertook to extend to Fiat financial support in the total amount of 14 million euros (6 million euros by the end of 2013 and 8 […]

BDK Tax: ABA’s Tax Conference in London, 11-12 April 2013

Associates at BDK Tax, Tanja Vasić and Miloš Krstić, attended the 13th Annual ABA’s Conference: “Tax Planning Strategies, U.S. and Europe” which took place in London from 11-12 April 2013. Presentations covered many hot topics in international taxation such as Debt Equity Characterization and Interest Allocation Issues, Meaning of the Beneficial Owner Today, Recent Cross-Border […]

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Highlighter infringes drawing of another highlighter, says Serbian court

On March 21, 2013, the Belgrade daily Politika published the operative part of a judgment rendered by the Serbian Commercial Appellate Court in a rare case concerning trademark infringement of a drawing of the shape of a product. The Court found that Gatarić International Group, the Serbian distributor of the highlighter pens “Donau D-neon”, infringed figurative trademark representing […]

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Time ripe for introduction of trademark opposition proceedings in Serbia

Serbia provides a rare example of a jurisdiction that does not use opposition proceedings as a means of ensuring that only those signs that fulfill requisite conditions receive protection under the law. We describe below the rules governing opposition proceedings, which in other jurisdictions share many common features. There seem to be no sound reasons […]

Real Estate Newsletter: Law on Efficient Use of Energy – New costs imposed on real estate sector

In force since 23 March 2013, the Law on Efficient Use of Energy (Zakon o efikasnom korišćenju energije, “Sl. glasnik RS”, no. 25/2013) (“Law“), imposes new requirements on real estate developers and owners which will increase the costs of construction and transactions with real property. ·Energy inspection report Starting from 1 January 2014, owners of […]

Energy Newsletter: ESCO legal framework – Potential for PPPs in sustainable urban development?

The Law on Efficient Use of Energy (Zakon o efikasnom korišćenju energije, Official Gazette of Serbia no. 25/2013) (the “Energy Efficiency Law”), adopted by the Serbian Parliament on 15 March 2013, brings foundation for the development of the ESCO (energy service company) industry in Serbia. The legislation is based in the EU Directive 2006/32/EC. Taking […]