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Recording and depositing of the copyright works and subject matter of related rights

Authors and holders of copyright and related rights may deposit copies of their works and subject matter of related rights at the Intellectual Property Office. Depositing is not compulsory and it does not influence the beginning of duration of copyright. Depositing works at the Office does not influence the protection of copyright. Author acquires copyright at the moment of the creation of work, by the force of the Law on Copyright and Related Rights and enjoys all those rights guaranteed by the Law. Therefore, the deposit has the only purpose to secure the material proof on the facts, which can be of importance for the possible court legal suit, or some other need related to the subject matter of depositing.

If you decide to deposit the copyright protected work (or subject matter of related right) at the Office, expect the simple and quick procedure which lasts at the most up to 30 days from the date of filing the correct request for depositing. At the end of the procedure, the Office issues the certificate that has the force of the public document, stating the title of the work, form and kind of the work as well as the information on the author and the holder of right. By accepting the work for the deposit, the Office undertakes the obligation to keep your work permanently. The Office is the only government body competent to keep public records about the deposited copyright protected works and subject matter of related rights. The data on applicant for deposition, author, as well as the title of work, kind and form of copyright work, shall be entered in the Book of records that the Office keeps also in the form of electronic database.

The purpose of keeping public records on the deposited copies of copyright protected works and subject matter of related rights lies in the need for the concentration of data on the subject matter of protection and right holders, in order to facilitate to the users the access to information which are indispensable to them for the legal use of copyright protected work or subject matter of related rights (for example: name and address of the right holder, title of the work, etc.) It is not possible to have insight into the copy of the deposited work by any third person. Insight into the deposited copy of the copyright protected work shall be enabled only to the applicant that filed request for the depositing, or to the court or some other government body, at written request, if the evidence procedure is conducted before those bodies.

Procedure of recording and depositing

If you decide to deposit your copyright work or subject matter of related rights in the Intellectual Property Office, it is necessary to fill in the form A-1 (if you deposit copyright protected work) or S-1 (if you deposit subject matter of related right) and fill it in in two identical copies. With two identically filled copies of the requested form, it is necessary to submit one copy of the copyright protected work or subject matter of related right (in the material form signed by the author/right holder), as well as the proof of payment of the administrative fee for the entry in records and depositing.

If the applicant of the application for depositing is not the author of work but some other natural or legal person, then it is necessary to submit also the declaration on the legal grounds for the filing of application for deposition. The applicant (it is not necessary for the declaration to be certified by the public notary) signs the declaration.
If the copyright work which is deposited is submitted in electronic form (on optical disc), then, it is necessary to have “a brief description” of that work. In short, it means to describe the copyright work recorded on the optical disc.

Foreign natural or legal persons, who file the request for deposition of copyright or related right work, should file an application through a representative from the List of IP representatives or other domestic lawyer in the procedure before the Office.

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The Law on Copyright and Related Rights

“Official Gazette of RS”, No. 104/09, 99/11, 119/12, 29/16-decision of Constitutional Court and 66/19

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Regulation on the conditions to be fulfilled for the deposit of the copies of copyright protected works and subject matter of related rights, entry in the Register and deposit 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

“Official Gazette RS”, No. 45/2010; since July 3, 2010; in force since July 11, 2010

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The most frequesnt questions

See answers to frequently asked questions

After depositing and recording the copyright work and the subject of related rights, are there any other costs?

After the issuance of the certificate on the deposited and recorded work, the procedure is termin...

After the issuance of the certificate on the deposited and recorded work, the procedure is terminated and a copy of the work is kept for an unlimited period of time in the depot of the Intellectual Property Office without any additional costs.

Does a copyright work deposited in the Republic of Serbia enjoy protection only on the territory of the Republic of Serbia or in other countries as well?

Only on the territory of the Republic of Serbia. However, it should be borne in mind that our cou...

Only on the territory of the Republic of Serbia. However, it should be borne in mind that our country has signed the Berne Convention, which stipulates the obligation for all signatory countries to provide foreigners with the same protection as their citizens. For that reason, the author’s work of our author will enjoy protection eg. in Italy under Italian law, just as the work of an Italian author will enjoy protection under the Law in Republic of Serbia. You can see the list of countries that have signed the Berne Convention here.

Is it possible to change or supplement the work after depositing it in the Office?

It is possible and it happens very often in reality. However, it is not possible to change or sup...

It is possible and it happens very often in reality. However, it is not possible to change or supplement the already submitted application for deposit and registration. Every, even the smallest change of the previously deposited copyright and related rights work (if the author wants to deposit the modified work), requires the submission of a new application.

What should I do and who should I contact if someone starts using my copyright work or subject of related right without authorization?

Enforcement of Copyright and related rights are protected in court. In this regard, the Office ha...

Enforcement of Copyright and related rights are protected in court. In this regard, the Office has no jurisdiction.

Is it possible to submit the request for deposition in a foreign language?

All elements of the application requesting the deposition of copyright work or subject of related...

All elements of the application requesting the deposition of copyright work or subject of related right, including attachments submitted with the application, must be in Serbian, except for the author’s work, which may be in a foreign language.Foreign applicants must submit application through legal representative from the List of representatives before the Office or any other domestic lawyer.