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TOURIST INSPECTION

1. Role, competences and organization

The Ministry of Finances and Economy, through the Tourist Inspection performs the inspection supervision over the implementation of laws and other regulations, regulating the domain of tourism and catering, in particular: Law of Tourism, Law on Public Skiing Grounds, Law on the Protection of Consumers, Law on Advertising, Law on the Protection of Population from the Exposure to Tobacco Smoke, etc and other by-laws passed for the enforcement of these laws.

The Ministry of Finance and Economy, through the Tourist Inspection, performs the inspection supervision over the providing of services infringing intellectual property rights in the domain of tourism and catering, in particular the misuse of the service mark, as well as the use of copyright and related rights without the regulation of obligation to pay remuneration for the use of those rights in compliance with the law regulating collective protection of copyright and related rights, on the basis of article 6, paragraph 1, point 1 and article 7, paragraph 2 of the Law on Special Powers for the Sake of Efficient Protection of Intellectual Property Rights (OJ RS, no 46/2006 and 104/2009 – other laws).

In the Sector of Tourist Inspection, the following internal organization units are formed:

In the seat of the Ministry:
- Department for Control of the Work of the Inspectors and
- Department for Coordination, Study-Analytic and Legal Tasks;

Outside the seat of the Ministry:
- Department of the Tourist Inspection Belgrade;
- Department of the Tourist Inspection Novi Sad;
- Department of the Tourist Inspection Kraljevo and
- Department of the Tourist Inspection Nis.

2. Implementation of the special authorities for the sake of the efficient protection of intellectual property rights

The Ministry of Finance and Economy, through the Tourist Inspection, ex officio, or at the request of the holder of rights, undertakes measures and passes acts in compliance with the Law on Special Powers for the Sake of Efficient Protection of Intellectual Property Rights.

Acts and measures of the Tourist Inspection applied as special competences for the sake of efficient protection of intellectual property rights, are subject to provisions of the law regulating the general administrative procedure as well as other regulations, unless otherwise provided by the Law on Special Powers for the Sake of Efficient Protection of Intellectual Property Rights.

3. Procedure ex officio

If, by direct inspection, it is undoubtedly established that the IP right has been violated, the tourist inspector has the authority to pass the measure of temporary prohibition of performing activity violating intellectual property right, at sight and ex officio.

Inspector immediately informs about it the holder of intellectual property right, other body competent for the protection of intellectual property rights and interested parties.

Inspector invites the holder of IP right to initiate procedure for the protection of his right, within 15 days from the date of reception of the information, before the competent court, and, in that time limit, provide feed back information for the Tourist Inspection that the procedure has been initiated, or that the court has passed a temporary measure.

If the holder of intellectual property right does not inform the tourist inspection about the initiated procedure, or does not furnish the decision of the court passing a temporary measure, act that previously prohibited the performance of activity is revoked.

4. Procedure at the request of the holder of intellectual property right

The Ministry of Finance and Economy, through the Tourist Inspection, acts according to the written requests of the holders of intellectual property rights, which can be filed at the address: The Ministry of Finance and Economy, Sector of the Tourist Inspection, 11070 New Belgrade, 1, Omladinskih brigade Street.

The request can be individual (referring to certain persons performing infringement of some IP right) or general (referring to all the persons performing infringement of some IP right).

The request, in particular, contains data on the basis of which it can be recognized that it is the case of IP rights infringement, proof that the person filing the request is the holder of IP right, as well as other relevant proof and data (photographs, written data, etc.) of importance for the procedure and the acting of an inspector.

Decision is passed on the submitted request and it is forwarded to the person filing the request in the time limit of 15 days (except when there are circumstances requiring the urgent undertaking of measures, in which case the time limit is 3 days). Against this decision, the person filing a request can appeal to the competent body in the second degree. Decision on the adoption of the request is also forwarded to the competent department of the Tourist Inspection for acting.

The responsible tourist inspector, after receiving the request, inspects the site and establishes the facts and gathers the relevant proof if the IP right has been violated or not and informs the person filing the request accordingly.

5. Contacts

The Sector of the Tourist Inspection
Ms. Vesna Mihailovic, Senior Counselor, Coordinator for Legal and Expert Tasks
Address: 1, Omladinskih brigada Street, 11070 Novi Beograd
+ 381 11 3139 671
Fax: + 381 11 3139 675
Vesna.Mihailovic@mfp.gov.rs
Turisticka.inspekcija@mfp.gov.rs

For more information, you can visit the internet site of the Ministry of Finance and Economy at the address http://www.mfp.gov.rs/, presentation of the Sector for Tourism http://www.turizam.mfp.gov.rs/.