US Supreme Court Justices unite against parodying trademarks

At the beginning of June 2023, the Supreme Court of the United States ruled in favor of the famous Jack Daniel's distillery in a trademark infringement lawsuit after a squeaky toy for dogs appeared on the market, which resembles a bottle of the famous whiskey Jack Daniel's Old No. 7 Black Label Tennessee Whiskey in the context of shape of the bottle and other elements (trade dress). Case background Arizona-based company - VIP Products has launched a line of squeaky dog toys on the United States market which mimic certain well-known product brands, including Jack Daniel's whiskey. The dog toy...

Barbie – is it less than ideal?

Behind the scenes of Barbie film, which fills up the cinemas all over the world, a legal battle is ongoing. The "BRBY" trademark issues Namely, Mattel - the maker of this famous doll - has objected against the application filed by the famous fashion house Burberry to the U.S. Patent and Trademark Office in July 2022 for the “BRBY” word mark. By way of explanation - while Burberry wants to register the subject trademark for use on apparel and leather goods, Mattel believes that this would cause significant damage to the company, since it is not distinctive enough in comparison...

New Legal Framework for Personal Data Transfer Between the EU and the US – déjà vu?

On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US - the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption. However, this (third) attempt of the European Commission to establish the...

The Court of Justice of the EU: Competition Authorities May Examine Infringement of Personal Data in the Context of Monopoly Position of the Controller

In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations. In relation thereto, below we present a text regarding a judgment of the Court of Justice of the EU (“the CJEU”) enacted on July 4, 2023, in a case pertaining to company Meta, the owner of Facebook (CJEU - C-251/21 Meta Platforms and Others v Bundeskartellamt), according to which competition authorities, while examining the abuse of dominant position, may decide on (non)compliance of activities...

New General Product Safety Regulation of the EU enters into force

The new General Product Safety Regulation of the EU, which has recently entered into force, was published in the Official Journal of the EU on May 23, 2023, and it shall start to apply on December 13, 2024 (“the Regulation”). The Regulation is a new key instrument in the EU product safety legal framework, replacing the current General Product Safety Directive and the Food Imitating Product Directive. The Regulation therefore improves the EU regulatory framework regarding product safety and addresses the new challenges posed by the digitisation of economy. Application and aim of the Regulation Namely, the Regulation sets out...

New Rules on the Block Exemption of Horizontal Agreements in the EU

On June 1, 2023, the European Commission adopted two new revised Regulations on the Block Exemption of Horizontal Agreements, which will be in force from July 1, 2023, until June 30, 2035. The new regulations are labelled 2023/1066 (regulation relating to R&D, i.e., research and development agreements) and 2023/1067 (regulation relating to specialisation agreements) (“Regulations”). The new Regulations will be in force for the next 12 years, i.e., for as long as the previously valid regulations, that prescribed the rules for the same type of agreements between participants in the EU market, were in force. As stated on the official...

Novelties Regarding the Awarding of Incentives for Direct Investments

During May 2023, the Government of the Republic of Serbia adopted two regulations on amendments to the Regulation on Determining the Criteria for Awarding Incentives to Draw Direct Investments (Off. Gazette of RS no. 39/2023 and 43/2023) (“the Regulation”), which entered into force on May 20, i.e., June 3, 2023. The most significant novelties refer to: raising the thresholds for necessary minimum investments; reduction of the maximum amount of incentives per workplace; as well as abolishing the division of local self-government units according to the level of their development, and introducing a division into five regions (Belgrade Region, Vojvodina Region,...

European Data Protection Board Adopted Guidelines on the Calculation of Administrative Fines

The European Data Protection Board (“EDPB”) has recently adopted the final version of Guidelines on the calculation of administrative fines under the GDPR (“the Guidelines”), which aim to harmonise the methodology data protection authorities (“DPA”) use to calculate fines for infringement of GDPR provisions. The Guidelines supplement the previously adopted Guidelines on application and calculation of administrative fines under GDPR, which focus on circumstances in which fines are imposed. As such, the Guidelines represent an important addition to the establishment of more efficient cooperation among local DPA’s on cross-border cases, which is a strategic priority for the EDPB. GDPR In...

Tax Treatment of a Fee for Lease of Servers Abroad and Personal Data Protection Issues

The Ministry of Finance of the Republic of Serbia has recently issued the opinion no. 011-00-313/2022-04 (“the Opinion”), which refers to taxation of the fees paid by resident legal entities to non-residents for leasing servers abroad. Content of the Opinion According to the Opinion, if a resident legal entity pays to non-resident legal entity fee for leasing server abroad, exclusively for data storage, there is no obligation to pay withholding tax by virtue of the Law on Corporate Profit Tax (Official Gazette of RS no. 25/2001, 80/2002, 80/2002 – other law, 43/2003, 84/2004, 18/2010, 101/2011, 119/2012, 47/2013, 108/2013, 68/2014 –...

Probation Period – How Many Times can it be Contracted with the Same Employer?

As we have already noted in one of our previous texts (available here), the institute of probation period is regulated in one single article of the Labour Law (Official Gazette of RS no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of CC, 113/2017 and 95/2018 – authentic interpretation), which stipulates: that employment agreement may envisage probation period for performance of one or more related and/or affiliated jobs established by the employment agreement; that probation period may last maximum six months; that prior to the expiry of probation period, employer or employee may terminate employment agreement with notice period of...