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July 13, 2022

“THE” as a trademark

Recently, the U.S. Patent and Trademark Office, after three years of conducting the process, granted The Ohio State University protection for the trademark “THE”, for use on clothing. Details of the procedure While the representatives of the said authority, accountable for examining applications, claimed that “THE” in this particular case, especially from the consumer’s point of view, represents only an ornamental sign, and not the one used to mark the origin or distinguish a certain product from other products on the market, the representatives of the party emphasized that “THE” represents an essential element of its identity and history, and...

July 06, 2022

New grounds for payment of fees to holders of copyright and related rights

Regulation on Amendments to the Regulation on Establishing the List of Technical Devices and Objects subject to Mandatory Payment of Special Fee to Holders of Copyright and Related rights was published in the Official Gazette of RS no. 49/2022 from 21 April 2022, and it entered into force on 29 April 2022. The respective piece of regulation has extended the list of technological devices for reproduction of audio and visual contents from the domain of copyright and related rights, i.e., for which, upon their purchase, a certain fee shall be paid (“the Regulation”). Content of the Regulation Namely, the Regulation...

July 01, 2022

Manner of Keeping Records and Reporting on Gender Equality Implementation

On 25 June 2022, the long-awaited Rulebook on Keeping Records and Reporting on Gender Equality Implementation entered into force, and it was published in the Official Gazette of RS no. 67/2022 (“the Rulebook”). The respective piece of regulation prescribes the template on which employers, public authorities and gender equality bodies record data categorised by gender, as well as the content and manner of submitting reports on implementation of gender equality within the stated entities, as well as political parties and syndicates. The basis for the Rulebook adoption The Rulebook was adopted as a by-law to the Law on Gender Equality...

June 22, 2022

New Rules for the Transfer of Personal Data from the UK

On 21 March 2022, new rules for personal data transfers to countries outside the United Kingdom (“UK”) came into force. Transfer of the respective data according to the previous rules will be possible until 21 September 2022, while starting from 22 September 2022 only new rules will apply to all new transfers. In addition, any contract on transfer of personal data concluded pursuant to the previous rules will be valid until 20 March 2024, while as of 21 March 2024 the parties thereto shall be liable to conclude a new contract, according to the new rules. Reasons for adoption of...

June 17, 2022

Unconstitutional Provision of the Law on Misdemeanours on the Deadline for Submitting Requests for Retrial

On 7 April 2022, the Constitutional Court of the Republic of Serbia published on its website a statement that, at the 5th session of this court, held on the aforesaid date, among other matters, it has determined that the provision of Article 281, paragraph 3. of the Law on Misdemeanours (Off. Gazette of RS no. 65/2013, 13/2016, 98/2016 – the CC decision, 91/2019 and 91/2019 - other law) (“the Law”) is not in accordance with the Constitution and ratified international treaty. Unconstitutional provision The provisions of Article 281, paragraphs 1. and 2. of the Law, which govern submission of a...

June 08, 2022

The Rulebook on Quality of Raw Coffee, Coffee Products, Coffee Substitutes and Related Products starting to apply

What kind of coffee do you drink? The answer to this question is neither “black” nor “with sugar”. The question refers to whether we are aware if the coffee we drink contains a coffee substitute or other additives that are not properly declared, if at all. This issue was recognised in practice long ago, and now it is finally put into regulatory framework. On 31 May 2022, the Rulebook on Quality of Raw Coffee, Coffee Products, Coffee Substitutes and Related Products (Official Gazette of RS no. 159/2020) (“the Rulebook”) started to apply. It was adopted in December 2020 and entered...

June 03, 2022

Contract termination due to a hardship caused by COVID-19 pandemic – a brief overview of domestic regulation and court practice

COVID-19 pandemic caused different market distortions that imposed economic entities to various challenges, both in terms of their relations with the clients, i.e., consumers, and their mutual relations. In this context, provisions of the Law on Contracts and Torts (Official Gazette of SFRY no. 29/78, 39/85, 45/89 – decision of CCY and 57/89, Off. Gazette of FRY no. 31/93, Off. Gazette of SCG no. 1/2003 – Constitutional Charter and Official Gazette of RS no. 18/2020) (“the Law”) are of particular importance, as they regulate the issue of termination (or amendment) of agreements due to the hardship, as well as the...

May 26, 2022

Single Registration Platform – Free Access to the Labour Market within the Open Balkan

At Open Balkan Summit held in Tirana on December 21, 2021, several agreements were signed by Serbia, North Macedonia and Albania, including the Agreement on conditions for free access to the labour market in the Western Balkans, which was subsequently ratified by the National Assembly of the Republic of Serbia on December 29, 2021, and published in the Official Gazette of the Republic of Serbia – International Agreements no. 27/2021 from December 30, 2021 (“the Agreement”). According to the information available on the website of the Serbian Chamber of Commerce, it is expected for provisions of the Agreement to be...

May 25, 2022

PR Legal Held a Training on Personal Data Protection for Employees of Apatin Brewery

On May 24, 2022, our Managing Partner Ivana Ružičić held a training for employees of Apatin Brewery on the topic “Protection of personal data – practical application”. The training was attended by representatives of all sectors of Apatin Brewery, where through an active participation they had the opportunity to improve their knowledge and practices concerning the personal data protection, in accordance with the current practice of the Serbian Commissioner and EU supervisory authorities. The issue of privacy and protection of personal data is a dynamic area that is being developed and improved on a daily basis, thus requires continuous education...

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