Abstract

The authors analyze the protection of industrial design in Serbia, with a comparative overview of the rights of the European Union (EU) and Croatia in industrial property law. In addition to the protection of registered design, the protection of unregistered design within the framework of industrial design rights is characteristic of the EU. The unregistered design is acquired without a formal registration procedure, an appropriate disclosure of public design in the EU area. Based on analogy, an initial premise can be established, whereby, after Serbia’s entering into the EU, as well as after joining the EU, physical and legal persons from Serbia will have at their disposal several different forms of industrial design protection and unregistered community design. This form of design protection can be significant for the fashion industry in Serbia characterized by a constant dynamic design change.

Highlights

  • Introduction and BackgroundAs a developing country, Serbia is in a constant race with the world economy in all spheres of industry, as well as in the textile industry

  • In the study which was conducted by the Organization for Economic Cooperation, and Development (OECD) and the European Union Intellectual Property Office (EUIPO), the results show that trade counterfeit and pirated goods amounted to 2.5% of world trade in 2013

  • This form of design protection with all of its stated characteristics can be especially significant for the fashion industry in Serbia, which is characterized by a constant dynamic design change

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Summary

Introduction

Introduction and BackgroundAs a developing country, Serbia is in a constant race with the world economy in all spheres of industry, as well as in the textile industry. The poor financial situation of small- and medium-sized enterprises affects the insufficient application of appropriate technology, which is reflected in the stagnation of the textile industry in Serbia. The textile industry in Serbia is faced with numerous problems that affect and slow down growth and competitiveness in all spheres of business. All these problems affect one another and are certainly reflected in the protection of the design and condition of the textile industry in Serbia. In addition to old technology, poor quality, unattractive packaging, generally high prices, and slow response to market demands are the main reasons for the non-competitiveness of Serbian products [2]. The greatest backwardness was noted in textile companies (35 years), followed by the machine industry (34.5 years) [3]

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