RECORDING AND DEPOSITING WORKS OF AUTHORSHIP AND SUBJECT MATTER OF RELATED RIGHTS WITH THE INTELLECTUAL PROPERTY OFFICE

Chapter VI. of the Law on Copyright and Related Rights (“Official Gazette RS”, No. 119/12 и 29/16), governs the procedure for recording works of authorship and subject matter of related rights.

Article 202 of the Law sets out that copyright and related right authors/owners/holders, for the purpose of securing material evidence, have the optional choice to deposit copies of their works and/or subject matter of related rights with the competent republic authority.

The same Article stipulates that:

•The copies of works and subject matter of related rights that are deposited have to be in the form of a written document (manuscript, printed text, musical score), sound, visual or audio-visual recording or in digital form;
•The competent republic authority will keep records for each type of works of authorship and subject matter of related rights (register books).
•When a work of authorship or subject matter of protection through related rights is being deposited and entered into records, the owner/holder of the copyright or related right concerned is obliged to provide true and complete data about his work of authorship and subject matter of protection through related right.
•The data in the records are deemed true until proven otherwise.
•Any bona fide person, who has infringed somebody else’s copyright or related right while relying on the accuracy of the data in the records, will not be liable for damages for such infringement.
•The entering in records and depositing of the copies of works of authorship and subject matter of related rights, does not in any way affect the commencement and duration of the rights laid down by this Law.
•The contents of the records referred to in para. 3 of this Article and the requirements to be met by the copies of works and subject matter of related rights that are being deposited are to be determined by an implementing regulation.
In accordance with the last paragraph, in relation to the definintion of the requirements for depositing, a new bylaw has been passed (Regulations on the conditions to be fulfilled the copies of copyright protected works and subject matter of related rights which are deposited, entry in the register and deposition of copyright protected works and subject matter of related rights and the contents of the registration of deposited copyright protected works and subject matter of related rights with the competent authority published in SaM Official Gazette, no. 45/2010.), pursuant to which the recording and depositing is performed in the Office.
The Intellectual Property Office, as a special organization of government admnistration of Republic of Serbia responsible for intellectual property matters, carries out the optional recording and depositing procedure, under the Law and/or Decree, with the Section for Copyright and Related Rights, for which purpose applicants, depending on the subject matter of depositing, have to complete the following forms:


1.A1 (depositing of a work of authorship);
2.S1 (depositing the subject matter of a related right), in 2 identical copies;
3.submit 1 copy of their work in some material form signed by the author/holder/owner of the right;
4.submit proof of legal grounds, where the applicant is a legal entity, for the engagement of the author of the work;
5.submit proof of the payment of the prescribed fees provided for by Article 203 of the Law.
Forms A1 and S1 as well as the Guide to their completion in Word format can be found at the link: FORMS, while the texts of the Law and the Decree at the link: REGULATIONS .