Market Inspectorate sector, in the framework of the Ministry of Agriculture, Trade, Forestry and Waterworks, performs inspection supervision over the production and transfer of goods which infringe intellectual property rights (trademark, design, patent, petty patent, geographical indication, topography of integrated circuits, copyright and related rights) as well as supervision over the production and marketing of goods protected by copyright and related rights.
Apart from the general authority which have been prescribed by the Law on Government Administration for all bodies which perform the tasks of inspection supervision, and apart from the general authorities of the market inspector prescribed by the Law on Trade and implemented in the procedure initiated ex officio, Market Inspectorate has:
- special authorities for the sake of efficient protection of the intellectual property rights, undertaken ex officio or at the request of the holder of intellectual property right;
- rights and obligations in the framework of the inspection supervision over the implementation of the Law on Optical Discs, implemented in compliance with that Law.
Implementation of special authority for the sake of efficient protection of intellectual property rights
Law on Special Authorities for the sake of efficient IPR protection (OJ RS 46/06, 104/09) has prescribed procedure ex officio or at the request of the holder of intellectual property right (IPR).
The holder of intellectual property right is the initial owner of intellectual property right or his legal heir, including professional associations or CMOs in compliance with the provisions regulating IPR.
When the violation of IPR is established by a direct insight, the market inspector has the authority to temporarily seize the goods infringing that right and to pass the measure of temporary prohibition of performing the activity violating intellectual property right, and he immediately informs the holder of the IPR about it, and invites him to initiate, within the period of 15 working days, the procedure for the protection of his right before the competent tribunal and to send return information in the prescribed time limit to the market inspection about the initiated procedure or the temporary injunction prescribed by the court. If the holder of IPR does not inform the Market inspection about the initiated procedure, or does not furnish the decision of the court deciding on the temporary injunction, and if there are no reasons for the seizure and destruction of the goods, the temporarily seized goods are returned to the person from whom they have been seized, and act prohibiting the performance of activities is declared null and void. Apart from the mentioned measures of temporary character, in the procedure ex officio, the Market Inspection has the possibility to seize the specimens of the goods for the examination of existence of IPR infringement and the securing of evidence about it and submit the report to the competent public prosecutor or the transgression tribunal and to produce other evidences necessary to establish the violation of IPR. At the request of the market inspection, when the goods have been temporarily seized to establish the violation of IPR, the holder of IPR will provide assistance, including technical expertise, equipment and objects.
Market inspection proceeds at the written request of the holder of IPR, which can be filed at the address: Ministry of Agriculture, Trade, Forestry and Waterworks, Sector of Market Inspection, 11000 Beograd, 22-26 Nemanjina Street.
The request can be individual, if it refers to one specific parcel/certain amount of goods, or general, if it refers to all the amounts of goods in the certain time period.
The request contains in particular: the data enabling to recognize the goods violating IPR; proof that the person filing the request is the holder of IPR with regard to those goods; and the proposal of time period when the undertaking of measures is requested. Apart from that, the request must contain: data on the basic of which it is possible to recognize the parcel or package; data on the place where the goods are situated or their assumed destination; name of the producer, importer, owner or holder of goods; assumed dates of delivery or dispatch of goods; data on the means of transport used for transportation; specimen or photography of goods; list of copyright protected works or subject matter of related rights.
The decision is passed on the filed request, and the decision on the adopted request is forwarded to the departments of the Market Inspection for procedure.
On the basis of the decision on the adopted request it is possible to temporarily seize the goods which correspond to the description from the adopted request, and the person who filed the request is informed about it and he is invited , in the term of 15 days from the receipt of the information, to initiate the procedure for the protection of his right before the competent court, and in that time limit he should inform the Sector of the Market Inspection about the initiated procedure and about the temporary injunction passed by the court.
On the basis of the Law on Optical Discs (OJ RS 52/11), the Market Inspectorate has the right and duty to:
- inspect the licensed premises and control activities performed there;
- inspect the issued license;
- inspect the optical discs, production parts (stamper), production equipment and raw material for the production of optical discs and make their inventory;
- inspect the papers, business books, contracts and other documents, as well as proof of the right of reproduction or recording the material protected by copyright or related right on optical discs or production parts (stamper);
- check and establish if the production parts (stamper) or moulds, including the reserve production parts and production equipment are adjusted for the placing of production codes contained in the license;
- check and establish if the optical discs and production parts (stamper) are marked by a suitable production code;
- check if the evidence is kept as prescribed by the law;
- temporarily hold, until the decision of the court, optical discs, production parts (stamper), raw material or equipment for production or copying of optical discs, if he expresses doubt that the violation of the law has been performed which has been taken down in the law as the transgression or the violation of another law, which has been noted down as the economic transgression or the criminal act of the violation of IPR, and to inform about it the holder of IPR or the organization;
- take a certain number of samples of optical discs, or production parts (stamper) necessary for the producing of evidence before the competent court;
- pass a decision for the destruction of the seized optical discs or production parts (stamper), when despite the activities taken to discover the owner, their owner or holder remains anonymous;
- take samples of optical discs for checking and furnishing of data to the international organizations for the protection of IPR.
Market Inspectorate sector
Lidija Stojanovic, Asst. Minister
Contact Person: Gordana Trikic
(source: Information on activities of the Ministry of Agriculture, Trade, Forestry and Waterworks)