March 28, 2011
Regarding the current tragic events in Japan, Intellectual Property Office of Republic of Serbia draws attention to general legal remedies stipulated by relevant legislation of the Republic of Serbia, more specifically, to article 89 (3) of the Common Administrative Law.
The Article 89 (3) of the Common Administrative Law of Republic of Serbia offers general possibility for every applicant to ask for prolongation of term that is set by the official, in the course of the procedure for the protection of industrial property rights. There are three conditions for that: 1) request must be submitted by the authorized attorney; 2) request must be submitted before expiration of term set by the official; 3) reasonable grounds for term prolongation must exist.
Officials in the Intellectual Property Office of Serbia (trademark or patent examiners, for example) are free to contemplate the above mentioned conditions, particularly “reasonable grounds” for prolongation. Considering recent tragic events in Japan, the fact that the given application is applied by the Japanese applicant, will be generally treated as “reasonable ground” for prolongation of the term set out by the official.