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IP:CON Belgrade 2023 / Београдска конференција о праву интелектуалне својине

Правни факултет Универзитета у Београду и Живко Мијатовић и партнери, организују конференцију о праву интелектуалне својине 6. априла 2023. године са почетком у 9.30 часова, у јединственом амбијенту атријума Југословенске кинотеке у Београду.

Сусрет ће окупити све који желе да чују и учествују у дијалогу о актуелним темама из области правне заштите интелектуалних добара – професоре права, адвокате, судије и представнике носилаца права интелектуалне својине.

Догађај ће садржати четири панела:

  • Поступци због повреде права интелектуалне својине – осврт на проблеме из праксе;
  • Нови Закон о жиговима – искуства у примени три године касније;
  • Права интелектуалне својине и дигитална имовина;
  • Права интелектуалне својине и индустрија видео-игара.

Посетиоци конференције имаће прилику да чују панелисте са различитим искуствима у изложеним областима, као и да активно учествују у дискусији.

Специфичности процесних правила судске заштите, накнада штете због повреде права, референцијална употреба жига, незаменљиви токени и ауторско право, разноликост интелектуалних добара у видео играма, само су неке од тема о којима ће се говорити са циљем да се утврди практични домашај појединих правних решења.

Догађај је организован у намери да промовише значај заштите интелектуалне својине и размену знања и идеја о изазовима које доноси њен савремени развој.  

Агенда конференције ће ускоро бити доступна.


Радни језик: српски

Пријава за учешће је обавезна најкасније до 30. марта путем линка

Број места је ограничен.

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Trademark Protection In The Metaverse

The emergence of new technologies, such as Blockchain, and the phenomenon of NFTs and the Metaverse, raises questions of protection and enforcement of intellectual property rights in a new, virtual environment.

Special emphasis is put on trademarks, as they generate the greatest interest and business opportunities for the brand owners, at the same time presenting the biggest challenges. While we know that the basic function of a trademark is to identify the source or the origin of goods thus enabling consumers to distinguish goods or services of one company from goods or services of another company in the course of trade – these goods and services are now being commercialized in the virtual world.

How will brand owners use and protect their registered trademarks, how will they register new ones and prevent third party infringements in these new spaces? Simply put, how are they going to tackle the challenges which arise from trademarks registered in the traditional, real world for real goods and services being used for virtual goods and services?

Let’s start with basic definitions

  • NFTs (Non-Fungible Tokens) are defined as digital assets, recorded in Blockchain technology, associated with an item of value that can be bought or sold – a unique piece of content on the Internet, such as an image, video, or audio file. As a unique unit of data, it cannot be copied, substituted, or subdivided, and is used to certify authenticity and ownership.
  • Metaverse is the “sum of all virtual spaces”. It is defined as a virtual-reality space in which users, as avatars, interact with other users and a computer-generated environment. Basically, it is a simulation of the real world in which people participate as digital avatars. The term “Metaverse” is attributed to Neal Stephenson, who used it in the 1992 novel Snow Crash, as a compound of “meta” (Greek prefix meaning “after” or “beyond”) and “universe”. Most of us, however, first heard it in 2021 when Facebook rebranded to “Meta” and CEO Mark Zuckerberg said, “I believe the Metaverse is the next chapter for the Internet.”

Practical example

Let’s now use these terms to illustrate the issues on a practical example. A brand owner from the fashion industry has a trademark registered in Class 25 of the Nice Classification of Goods and Services which protects products – clothing, or to be more precise, “real” clothing. He wishes to expand his business to the Metaverse. In the Metaverse, however, clothing is a “virtual” version of the product, represented by an NFT.

Trademark protection does not automatically extend to the Metaverse and NFTs, and the European Union Intellectual Property Office (EUIPO) has taken the approach of classifying virtual goods as digital content that can be registered in Class 9 of the Nice Classification. However, both terms “virtual goods” and “NFTs” are not acceptable on their own and need further specification. Virtual goods must be specified by indicating the content to which the virtual goods relate (e.g. downloadable virtual clothing, handbags, jewelry). NFTs also need to be specified by indicating the type of digital item authenticated by the NFT (e.g. downloadable computer software in the nature of NFTs). Services relating to virtual goods and NFTs are classified in line with the traditional established principles, i.e., need to be clear and precise (e.g. Class 35 – retail services featuring virtual goods; Class 36 – financial transactions via blockchain; Class 41 – entertainment services, namely, providing online non-downloadable virtual clothing; Class 42 – providing virtual computer environment). Due to these requirements, we are looking at potentially enormous lists of applied goods and services, but classification will, in time, become more standardized, and, to this end, EUIPO is preparing new 2023 Guidelines for examination. When it comes to legislation, current provisions and principles are applicable in the Metaverse, provided changes in classification system and correct classification of goods and services. Naturally, as technology advances, the existing IP legislation needs to adapt, and trademark law is going to change and evolve accordingly. There are already several trademark disputes arising from NFTs, where we expect landmark decisions to provide directions for NFT-related trademark claims.

The growing interest of the brand owners in new trademark applications is well reflected in EUIPO’s statistics. Namely, there were 1 277 Applications using NFTs in 2021, 1 157 Applications using NFTs and 205 Applications using “Metaverse” in 2022 (by September). Brand owners are undoubtedly aware that they cannot rely on existing trademarks and need to update their trademark portfolios. Big players in the fashion, sports and entertainment industry are leaders in trademark re-filing.

Metaverse, while a huge opportunity for the brand owners for business growth and engaging new consumers, comes with a challenge to protect not only their assets but to protect the consumers as well. An effective protection and enforcement mechanism in the Metaverse is absolutely necessary and can be secured only by an adapted legal system. All brand owners need to re-evaluate their IP portfolios and filing strategies to be able to enforce their rights against any third-party infringements in the Metaverse, which will only continue to expand.

Author: Ivana Knezevic, Senior Trademark & Patent Attorney

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

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ZMP Top Ranked Across Nine Jurisdictions In The WTR 1000 2023 Edition

The World Trademark Review (WTR) announced the WTR 1000 – The World’s Leading Trademark Professionals for the year 2023, recognizing the world’s top trademark leading firms and individuals.

ZMP continues to garner recognition, this time being included for 9 jurisdictions and 8 individuals.

ZMP teams in Bulgaria, Croatia, Czech Republic, Poland, Romania, Slovakia, Serbia, Slovenia and Spain have yet again been praised for their stand-out trademark work.

Eight ZMP practitioners are recognised by WTR for their exceptional expertise – Dolores Canadas Arcas, Ivana Knezevic, Metka Malis Furlan, Vladimir Marenovic, Djura Mijatovic, Monica Novac, Tomasz Rychlicki, and Tsvetomira Vasileva.

Congratulations to our colleagues Djura Mijatovic, Ivana Knezevic, Vladimir Marenovic, and Monica Novac who are now upgraded as individuals in band Gold.

ZMP would like to thank our clients for their positive feedback and their continued trust and support.

A big congratulations to all of the teams!

If you wish to read the full ZMP profile please visit the WTR website here.

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ZMP Obtained a Groundbreaking General Request Based On Indications Of Geographical Origin

ZMP was engaged in a groundbreaking procedure for obtaining a general customs supervision based on indications of geographical origin. Customs Offices in all Balkan countries adopted our general request, filed on behalf of Champagne Wine Interprofessional Committee (Comité Interprofessionnel du vin de Champagne, CIVC). CIVC is the interprofessional body bringing together all the operators involved in Champagne wine: winegrowers, wine merchants, Champagne houses, professional associations, and cooperative cellars. Our request was related to the indication of geographical origin „Champagne“.

As it is well known, original champagne comes from Champagne region in France only. Drinks or products produced elsewhere and not in accordance with the strict guidelines made by CIVC are not authorized to bear the name Champagne. Thus, our goal was to ensure full protection to this specific right in Balkan countries.

Unlike usual procedures for obtaining customs supervision based on certificate of trademark or industrial design, this request was somewhat different and more challenging. For example, in Serbia it was directly based on Stabilization and Association agreement which served as a concrete legal basis for submitting request, since it directly protects certain rights of geographical origin, including Champagne. Therefore, it was very important to emphasize that the law directly protects the right of the geographical indication of origin of Champagne and to accurately state the articles and the corresponding annexes and protocols of this extensive agreement. In order to fulfil all necessary requirements, we sometimes had to assume the role of intermediary between the three state authorities who were quite demanding and cautious during the procedure.

Adoption of said request has a multiple significance. Most importantly, for the rightsholder, it brings a legal and economic security on the Balkan markets. Let’s hope that this might be a guide for other holders of geographical indications in so far that it is possible to achieve this type of protection for the entire Balkans, with the identical content as in the EU.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

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ZMP at ECTA Annual Conference – “Designing the Future”

Our Senior Associate Vladimir Marenovic attended the ECTA 40th Annual Conference “Designing the Future” in Copenhagen.

This year’s conference brought together professionals in the field of designs, trademarks, and related IP matters to discuss hot topics and developments of IP trends – NFTs, metaverse, IP strategy for start-ups, and much more.

We wish to congratulate ECTA for hosting such an exceptional event.

About ECTA (European Communities Trademark Association):

With more than 1500 members, coming from all Member States of the EU and beyond, ECTA promotes the knowledge and professionalism of the intellectual property law community in the fields of trade marks, designs, copyright and other intellectual property rights, within the European Union.

ECTA provides an ideal forum for knowledge exchange and sharing, and is an accredited professional association in many countries for IP attorneys. The association brings together lawyers, from private practices or the industry, judges, academics and various other IP-related professionals, who wish to maintain and expand their knowledge in the fields of intellectual property.

Also, ECTA is following and actively contributing to many ongoing legislative and implementation processes, including the EU copyright law reform, the reform of the design law, evaluation of domain names practices and much more.

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Djura Mijatovic and Vladimir Marenovic included in the WIPR Leaders 2022

ZMP is proud to announce that our colleagues Djura Mijatovic (Managing Partner) and Vladimir Marenovic are included in the WIPR Leaders 2022.

Djura Mijatovic is a managing partner at Zivko Mijatovic & Partners (ZMP) and his practice focuses on all areas of IP rights. He is a qualified Barrister at Law and European trademark and design attorney. For over 20 years he has specialised in protection and enforcement of trademarks in Central and Eastern Europe as well as in the EU and oversees the work of the whole network ZMP offices throughout Europe.

Vladimir Marenovic is a patent and trademark attorney in Zivko Mijatovic & Partners’ Serbia office. He focuses his practice on all matters related to copyright, trademarks, designs, domains and unfair competition. Marenovic is one of the creators of the firm’s anti-counterfeiting strategy for the Balkans and is head of the firm’s legal department. He is a member of INTA and is an arbitrator before the Serbian Chambers of Commerce for domain disputes.

About WIPR Leaders 2022

WIPR Leaders is a one-stop guide to the leading IP practitioners in the world. The handbook lists over 1,700 lawyers across patent, trademark, and copyright practices.

Every year, World IP Review (WIPR) sifts through the views of 12,000 IP professionals, to find the industry’s most valued IP leaders. Each nominated lawyer/organisation is carefully vetted for inclusion in the WIPR Leaders Directory.

Featuring more than 1,000 professionals from 68 countries, WIPR Leaders 2022 offers a list of go-to contacts from Argentina to Vietnam. This business-critical directory enables professionals to quickly find lawyers to instruct or refer work based on their expertise and jurisdiction.

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