THE JUDICIAL PROTECTION OF REGISTERED INDICATION OF GEOGRAPHIC ORIGIN

Abstract

The contemporary judicial protection of registered indication of geographic origin in the Republic of Serbia is regulated allroundly. It means that authorized user of registered indication of geographic origin may be protected in civil, criminal and even special administrative court procedure. This arouses from our country orientation to join to WTO and EU for which one of conditions is to provide protection of intellectual property rights in accordance to mundane and European standards. Upon the last several years in Serbia is adopted more legal prescriptions by which the judicial protection of intellectual property rights is regulated on a proper way. The judicial protection of registered indications of geographic origin is a just a segment of mentioned regulatory process. In this paper authors deal with judicial protection from unauthorized commercial use of registered indication of geographic origin, which is noticeably wider than civil court protection, pointing critically on some inopportune legal solutions regarding criminal and administrative protection as well as on unsustainable legal solutions on civil court procedure which differentiate from general rules of civil law. As for civil law protection of registered indication of geographic origin authors propose its amendment and improvement.