BDK Advokati/Attorneys at Law

Blogs

• INTELLECTUAL PROPERTY: About trademark distinctiveness: three times, in one day
  On 25 April 2013, the Court of Justice of the European Union (General Court) rendered three judgments in cases initiated against decisions of ...
• COMPETITION: Administrative Court confirms Commission’s decision on abuse of dominance in Frikom
  In an earlier post, I analyzed a decision of the Commission for Protection of Competition finding that the Serbian ice-cream manufacturer Frikom ...
• INTELLECTUAL PROPERTY: Further clarification from E.U. court about trademark-design relationship
  On 25 April 2013, the General Court of the European Union weighed in on the issue of relationship between three-dimensional marks and designs. ...
• COMPETITION: Proposed amendments to Law on Protection of Competition
  The 2009 Serbian Law on Protection of Competition is undergoing an overhaul. The first draft of the amendments, prepared jointly by the Ministry ...
• COMPETITION: State aid to Fiat: permissible or not?
  A Protocol on Mutual Relations recently signed between the Republic of Serbia and the Serbian car manufacturer Fiat automobili Srbija has ...
• INTELLECTUAL PROPERTY: Highlighter infringes drawing of another highlighter, says Serbian court
  On March 21, 2013, the Belgrade daily Politika published the operative part of a judgment rendered by the Serbian Commercial Appellate Court in ...
• INTELLECTUAL PROPERTY: Time ripe for introduction of trademark opposition proceedings in Serbia
  Serbia provides a rare example of a jurisdiction that does not use opposition proceedings as a means of ensuring that only those signs that ...
• COMPETITION: CJEU: Regulatory activity of professional associations is subject to competition rules
  In Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência (judgment of 28 February 2013), the Court of Justice of the European ...
• INTELLECTUAL PROPERTY: Proposed tax reform in Serbia of relevance to IT sector
  On 7th February 2013, the Serbian Ministry of Finance and Economy and the Serbian Investment and Export Promotion Agency published a discussion ...
• COMPETITION: Regulatory activity as infringement of competition rules
  This post examines whether and to what extent competition rules in Serbia and Bosnia & Herzegovina apply to public authorities when they ...
• INTELLECTUAL PROPERTY: E.U. General Court: “B Berg” creates likelihood of confusion when used for sportswear
  On 20 February 2013, in Caventa AG v. OHIM, the Fifth Chamber of the General Court of the European Union upheld the decision of OHIM’s Board ...
• INTELLECTUAL PROPERTY: European courts weigh in on the interaction between intellectual property and (other) human rights
  The two highest judicial institutions in Europe – European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) – ...
• COMPETITION: The Commission Conditionally Approves Sunoko’s Takeover of Hellenic Sugar
  I already wrote in this blog about the January 2012 decision of the Serbian Commission for Protection of Competition blocking Sunoko’s ...
• INTELLECTUAL PROPERTY: Amendments of 30 January 2013 to the Serbian Trademark Act
  On 30 January 2013, the Serbian parliament adopted amendments to the Trademark Act of 2009. Most changes concern procedural aspects of the ...
• INTELLECTUAL PROPERTY: Kitkat, Hershey, Guylian, Mars,…Not all chocolates are trademark-equal
  Why are some chocolate shapes, and shapes of other candy, protected as trademarks and other shapes are not? The question comes to mind after ...
• COMPETITION: Public procurement and competition under Serbian law
  The topic of this post is the interplay between public procurement and competition regulations. The recently adopted Serbian Law on Public ...
• INTELLECTUAL PROPERTY: Belgrade court missed an opportunity to clarify the originality of an article
  The High Court in Belgrade recently decided a case in which the central issue was the originality of a plaintiff’s article published in a ...
• COMPETITION: BDK’s Igor Nikolić published in ECLR
  BDK’s Igor Nikolić published an article entitled “Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?” in the ...
• INTELLECTUAL PROPERTY: Supreme Court of Cassation: Commercial courts have no jurisdiction over trademark disputes between non-commercial legal entities
  On 9 November 2012, the Serbian Supreme Court of Cassation (SCC) passed a decision resolving the negative conflict of competence that had arisen ...
• INTELLECTUAL PROPERTY: “Exit” Festival and Foreign Producers of Phonograms: New Challenge for O.F.P.S.
  The previous post described how the Serbian Commercial Appellate Court denied, in May of this year, a request by the Organization of Phonogram ...
• INTELLECTUAL PROPERTY: Serbian O.F.P.S. cannot collect royalties for Italian music without an agreement with Italian collecting society
  Earlier this year, the Serbian Commercial Appellate Court ruled that the Organization of Phonogram Producers of Serbia (O.F.P.S.) had no valid ...
• INTELLECTUAL PROPERTY: Chianti wines: Dilution possible where marks for identical products are not confusingly similar
  The General Court of the Court of Justice of the European Union ruled last Wednesday that there was no likelihood of confusion between the ...
• COMPETITION: Ice-cream manufacturer Frikom fined for abuse of dominance
  On 19 November 2012, the Serbian Commission for Protection of Competition (“Commission”) issued a decision finding that Frikom, the largest ...
• COMPETITION: Dawn raids: Nexans judgment
  The Court of Justice of the European Union (General Court) handed down a judgment on 14th December 2012 in Nexans v Commission case concerning ...
• COMPETITION: Breach of procedure as the basis for annulment of the decisions of the Commission for Protection of Competition
  In the course of 2012, the Administrative Court has shown increased readiness to quash the decisions of the Commission for Protection of ...