SERBIA: An Introduction to Intellectual Property

Plant Breeders Rights in Serbia and Western Balkans

The Republic of Serbia belongs to the Western Balkan countries which in the process of acceptation to the European Union. The harmonisation of Serbian legislation in the intellectual property field with EU legislation aims to form a reliable intellectual property system, creating a favourable environment for foreign investments.  

A growing interest in plant breeder rights

There is a growing interest in plant breeder rights and the protection of plant varieties registered with the Serbian Ministry of Agriculture, Forestry and Water Management. Serbia has very favourable natural conditions for diverse agricultural production, as well as a selection of numerous plant cultures, which are renowned around the world. Agriculture and food production in Serbia is the most important export sector, accounting for over 10% of the country’s GDP and around 20% of all exports. In the medium term, Serbia is also likely to increase imports of planting seeds. 

EU harmonisation

In order to become a full member of the International Union for the Protection of New Varieties of Plants (UPOV, established in Paris in 1961), Serbia harmonises its regulations with EU legislation and with the Agreement on TRIPS of the WTO. Serbia became a UPOV member on 5 January 2013, after the Law on Protection of Plant Breeders' Rights was amended. Becoming a member of the UPOV unifies the procedure and provides priority rights and national treatment for the foreign plant breeders.

National listings

In addition to granting plant breeders’ rights, it is important to ensure that the new foreign plant variety is entered into the national listings in order to enable exportation and place it on the market. Plant breeder’s rights are usually supported through securing other industrial property rights such as: trademarks, patents, designs, geographical indications. 

Increased demand

Increased demand for high quality modern plant varieties by large supermarket chains and specialist fruit and vegetable shops resulted in higher interest in new plant varieties. Serbia exports agro commodities, especially soft fruits and it performs as a hub for export of soft fruits from the region of Western Balkans to foreign markets. Market trends and consumer habits are changing and pushing for new varieties of soft fruits. Local farmers are very keen to get new varieties in order to respond to the market requirements.

Further governmental support

In Serbia, further governmental support is planned. Amendments to the Law on special powers for efficient protection of intellectual property rights are expected. These will include monitoring of illegal sale of registered plant varieties, in addition to the existing monitoring of trademarks, designs and patents.

Berry production

Serbia is one of the largest berry producers in the world, especially of raspberries, and is a net exporter of berry fruits, mostly to the Western European market but also to the Asian market and Gulf countries. A model of small scale berry fruit production is replicated from Serbia to Bosnia & Herzegovina and other countries in the region of the West Balkans.

The Western Balkan countries 

Montenegro, North Macedonia, Albania and Bosnia & Herzegovina share mutual market traffic, supported by a similar climate, land and other suitable conditions for growing plants. The whole region is in the process of EU accession. Serbia is seen as a “front runner” with most legislation harmonised with the regulations of the European Union.

The Western Balkan countries have their main legislation in place. Although these countries are not part of the EU, so filing a plant breeder’s right application before the CPVO cannot provide protection in the Western Balkan countries, cooperation between officials exists in many ways. Results from the CPVO’s DUS testing are relevant for granting protection in these non-EU countries. However, la ack of relevant bylaws in these countries is the main challenge in daily practice of PBR owners.

Bosnia and Herzegovina

Bosnia and Herzegovina has produced an ex-officio national list. However, it is not fully accurate. To maintain accuracy, the list needs to be checked and monitored by the PBR owners, otherwise some varieties get deleted from the list.

Albania

In Albania, due to the lack of procedural bylaws, currently it is not possible to obtain a PBR granting certificate. In the absence of an appropriate national form, a UPOV application form can be used. Albania is aware now that their law is not functioning yet. The Albanian State Agency of Seeds and Sapling issued the Notice seeking assistance from UPOV to establish an appropriate PBR application form in an online filing system for entering into Variety Listings.

Incomplete PBR applications

However, despite good efforts from the competent authorities in Bosnia and Herzegovina and in Albania to enable filing of the first PBR applications, appropriate procedures and forms have not yet been established. Incomplete PBR applications have to be filed in order to secure novelty.

Montenegrorecognises all rights granted before the CPVO. PBR is a territorial right so, according to the current Law, registration of a PBR is necessary in Montenegro. However, Montenegro so far does not have capacity to conduct the procedure for recognition of plant breeder’s rights.

Civil protection

Civil protection of the breeder’s rights is provided with two lawsuits: a lawsuit for violation of the breeder’s rights and a lawsuit for determining the rights of breeders.

However, the national courts are still hesitant in view of the complex issues of violation of plant breeder’s right by illegal propagation of planting material and sale. In practice, sending cease and desist letters with a draft of the binding declaration gives solid results. 

Conclusion

In the whole West Balkan Region, although things are moving and improving, there is a need for an additional effort by all stakeholders to support the relevant authorities to pass the necessary legislation concerning enforcement of plant breeder’s rights and to raise public awareness of the importance of this delicate right of the intellectual property.