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Flash insights for your IP rights after Brexit

Dear Sir/Madam

This newsletter is to inform you that EU trademarks and Community Designs registered and, where applicable, the Community Designs published following a deferral of publication before the end of the transition period of 31 December 2020, will be automatically converted into comparable UK registrations. Article 56 of the Withdrawal Agreement requires that the UK takes measures to ensure the continued protection of registered trademarks and designs designating the EU pursuant to the Madrid/Hague system respectively.

Owners of comparable marks will pay renewal fees to the UKIPO and the EUIPO or WIPO.

For those rights which are still pending, there will be a nine months period (from January to September 2021) during which the interested Applicants should request a comparable Application in the UK.

As from 1 January 2021 (unless there is an extension of the transitional period), EUTMs and Community Designs will no longer include the UK. This is of particular relevance for all the pending conflicts in the EU which involve prior UK rights.

Please feel free to contact us at to determine whether any action is needed to preserve the scope of protection of your pending matters, and to resolve any doubts you may have regarding the impact of Brexit on your present cases involving any UK prior rights on the territory of the European Union.

Sincerely yours,

Zivko Mijatovic & Partners


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Latest development on the Serbian state

Latest development on the Serbian state borders goes to show customs’ readiness to efficiently tackle with some out-of-ordinary attempts at counterfeiting and piracy

In one of the latest inspections that took place on 22 September 2020 on the Serbia-Bulgaria state crossing of Gradina, customs officers seized 18 samples of forged certificates and bar-codes pertaining to internationally renowned brands. The aim behind the forging seems to pertain to their later use on counterfeit garments in an attempt to pass them as originals.

Goods in question were seized from a 51-year old Serbian national travelling on a bus from Turkey and were intended for use on counterfeit accessories such as socks, scarves and belts. Holding a substantial amount of certificates and codes without them being actually attached to any of the articles triggered the customs officers’ suspicions of illicit activity.

After scanning the codes in question, officers realized that they were on the right track since the codes in question pertained to original goods probably already sold elsewhere, meaning that the ones they had in their possession were most probably hacked. Since bar codes actually consist of a simple sequence of numbers which are there to indicate amongst other things information on the manufacturer and country of intended distribution, it is oftentimes quite easy to ascertain when the bar codes in question are not intended for a given market.

Seized goods, although in small in quantity actually represent something quite novel and important from the legal standpoint, since they encompass into one both the elements of trademark infringement and of cyber-crime.

Tamara Bubalo

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Romania Amendments to the Law on Trademark

Romania – Amendments to the Law on Trademarks and Geographical Indications entered into force on 13.07.2020

Law no. 112/2020 amending and supplementing Law no. 84/1998 on Trademarks and Geographical Indications (the “Law”) entered into force on 13.07.2020. The scope of the Law is to transpose Directive (EU) 2015/2436 into national law. The most important changes introduced by the Law can be summarized as follows:

Continue reading “Romania – Amendments to the Law on Trademarks and Geographical Indications entered into force on 13.07.2020”
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3rd prize winner 2020 ECTA

Mina Jovanović 3rd prize winner 2020 ECTA

On behalf of Živko Mijatović and Partners, we are delighted to announce that our very own Mina Jovanović, has been elected as a 3rd prize winner of the 2020 ECTA Awards’ Student Category, for her publication entitled:

The originality requirement in EU and U.S., different approaches and implementation in practice”.

With a PhD degree from Faculty of Law, University of Belgrade, MA degree from King’s College, London, and the University of Belgrade, Faculty of Law, besides being a very seasoned litigator, Mina is involved in academia as well. She is also a recipient of INTA’s Tomorrow’s Leader Award for the year 2018. We are very proud of her achievements so far and eagerly await for the new ones, both professional and scholarly.

You can find fore information about 3rd prize winner 2020 ECTA in the following link:

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