The law office Ćehović & Associates deals with all areas of law and legal work and provides legal assistance, in accordance with the positive regulations of the Republic of Serbia. Among other things, we provide legal services in the following areas:
- counselling and advocacy during the initiation and during the proceedings for the discussion of the inheritance,
- epresentation in proceedings before public notaries within their competence related to inheritance law,
Making a will is a very important act – a procedure in the life of every person. A will is strictly personal, the last statement of the will of the testator, which they use to divide their property in case of death, and which must be made in the form prescribed by law, and to have a certain content prescribed by law. When someone wants to distribute property in case of their death, i.e. to appoint their heirs, legatees, to condition the rights of heirs and legatees, or to integrate into their last will some other elements or claims, they must do so in legal form.
A will made once can always be changed, annulled, i.e. changed by another will, i.e. modified by adding conditions.
Intellectual property includes copyright and rights related to copyright and industrial property rights. Intellectual property rights are characterized by the presence of a large number of international conventions, which seek to achieve as much as possible, i.e. optimal uniformity of protection of all forms of intellectual property. Thus, it can be said that there is an extensive regulation, both international and local, in the field of intellectual property. Industrial property rights are most often divided into invention law (patents, new plant species, know how), the right of distinctive signs (trademarks, names and geographical indications, industrial design, business name) and competition law (suppression of unfair competition).
Advokatska Ćehović & Associates provide legal advice and representation before domestic and foreign courts in all spheres of intellectual property rights, and especially counselling and representation in the field of protection of copyright and related rights and the field of industrial property rights.
We are providing counselling services to individuals and legal entities, as well as their representation before state administration bodies and in administrative disputes before the Administrative Court.
• Establishment of companies and registration of entrepreneurs.
• Provision of legal services and legal assistance in drafting all types of economic contracts, as well as amendments to them.
• Legal advice to business entities.
• Representation of companies in commercial disputes and proceedings before other competent authorities.
• Provision of legal services in bankruptcy and liquidation proceedings.
A set of legal norms that regulate the concept and protection of intellectual property, which is divided into two groups of protective forms of intellectual property, with regard to intellectual creations, which enjoy the protection of this legal branch: a) copyright and other related rights and b) industrial property.
There are numerous, diverse, detailed and very general sources of law from this branch of law, both domestic and international. Namely, these rights are also protected by the rights of individual states, as well as by international sources, and these are very numerous international conventions which determine and protect these rights. The most important source of the law of the Republic of Serbia for copyright and related rights is the Law on Copyright and Related Rights.
#I According to Article 2, paragraph 1 of the Law on Copyright and Related Rights, a copyright work is:
The original spiritual work of the author, expressed in a certain form, regardless of its artistic, scientific or other value, its purpose, size, content and manner of expression, as well as the admissibility of public communication of its content.
The copyright work is considered, in particular:
1) written works (books, brochures, articles, translations, computer programs in any form of their expression, including preparatory material for their production, etc.);
2) speech works (lectures, speeches, sermons, etc.);
3) dramatic, dramatic-musical, choreographic and pantomime works, as well as works originating from folklore;
4) musical works, with or without words;
5) film works (cinematographic and television works);
6) works of fine art (paintings, drawings, sketches, graphics, sculptures, etc.);
7) works of architecture, applied arts and industrial design;
8) cartographic works (geographical and topographic maps);
9) plans, sketches, models and photographs;
10) theatre directing.
#II Articles 3, 4 and 5 of the Law on Copyright and Related Rights regulate in which cases there is a copyright work in the following order: a) unfinished copyright works, adaptations of copyright works and conditions and cases when the collection is considered a copyright work.
#III Article 6 of the said Law defines when it is considered that there is no copyright work and when that work does not enjoy the legal protection of copyright works, in the following way.
Copyright protection does not cover general ideas, procedures, methods of work, or mathematical concepts as such, as well as the principles and instructions contained in the author's work.
The following are not considered to be copyright work:
1) laws, legal acts and other regulations;
2) official materials of state bodies and bodies performing public function;
3) official translations of regulations and official materials of state bodies and bodies performing a public function;
4) submissions and other acts in administrative or court proceedings.
#IV Article 8 of the Law on Copyright and Related Rights regulates that the author of a copyright work enjoys two types of protection of their copyright work, which are
- moral rights and
- property rights
The author enjoys the stated rights from the moment the copyright works are created
# V The following articles of the Law regulate the subjects of copyright, namely A) author, co-author, as well as two or more authors who combine their copyrighted works. This is in a situation when the authors of copyright works are well-known persons, while Article 13 of the Law regulates the subjects of copyright, when the authors of copyright works are not known, in the following way
Copyright on a copyright work whose author is not known (anonymous work or work under a pseudonym) is exercised by:
1) for published work – a publisher;
2) for a printed but unpublished work – the person who printed the work.
If it is proved that the persons referred to in paragraph 1 of this Article have not acquired from the author or their legal successor the right to print or publish the work, the provisions of paragraph 1 of this Article shall not apply.
When the identity of the author of the work referred to in paragraph 1 of this Article is established, the rights of the publisher, i.e. the person who published the work, shall cease.
Then, the content, length of copyright rights, protection restrictions and other issues relevant to copyright protection, i.e. moral and property rights of authors and other subjects of copyright, are edited.
#I Interpreter and interpreter rights
#I1 The Law on Copyright and Related Rights then defines the term interpreter, and then the type, content, restrictions and all other relevant aspects of protection of this right related to copyright.
The law first defines the term interpreter, in the following way:
An interpreter, in the sense of this law, is a natural person who is personally engaged in the interpretation of a work (musician, actor, player, pantomime artist, singer, conductor).
Persons who provide only a technical contribution to the interpretation of a work are not interpreters.
The relations between two or more interpreters who participate in the interpretation of one work shall be regulated by the similar application of the provisions of this Law relating to co-authors.
It is necessary to emphasize this fact:
The work that is the subject of interpretation does not have to be a protected copyright work.
#II Rights of phonogram producers
#II1 Establishment of the rights
For its phonogram, the phonogram producer has property rights in accordance with the Law.
A phonogram is a recording of sound, i.e. a series of sounds on a sound carrier.
A sound recording is a recording of sounds on a medium from which they can be listened to, reproduced or communicated via a device.
The right to an existing phonogram is in no way limited by the incorporation of that phonogram into a videogram.
#II3 Producer of phonograms
A phonogram producer is a natural or legal person in whose organization and by whose means the phonogram was made and who is responsible for the first recording of a sound, i.e. a series of sounds.
Then, the rights of phonogram producers, the content and restrictions of the rights of phonogram producers, as well as other aspects related to this right related to copyright are determined.
#III1 Rights of a film producer (videogram producer)
Then the Law is regulated in the same order when regulating this type of right holder and types of rights, content of rights, protection of that right, etc.
#IV Rights of a show producer
#V Rights of a database manufacturer
#VI Rights of a publisher
And other related rights. The regulation technique is the same. Systematization and order of the elements of regulation, too
After the regulation of copyright-related rights, many elements important for the realization of copyright and related rights protection were regulated. The advice to all entities interested in the protection of copyright and related rights is to choose and hire lawyers who will help them protect their rights to the maximum.
#C1 Reasons for extensive, precise and diverse regulation of industrial property rights
The field of protection of industrial property includes the protection of rights to: patents, trademarks, industrial designs, know-how, signs of geographical origin, trademarks, and other rights that represent industrial property
Industrial property rights are extensively regulated internationally. There is a large number of international conventions in this area.
The mentioned international acts are most often concluded at the multilateral level. This means that the signatories of all international conventions in this area are numerous states. This makes it easier to internationally exchange innovations around the world, in all areas of technology and world trade. Due to the faster and safer regulation of the right to protection of promotion and innovation around the world, international bodies and organizations have been established to support this fast; comprehensive, detailed and precise regulation of industrial property rights on the other hand, this detailed, fast, precise and effective protection of these rights enables much faster development of the economies of all countries individually, as well as the world economy as a whole
THE MOST IMPORTANT ORGANIZATION WITH PUBLIC AUTHORIZATIONS IN SERBIA IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS IS THE INTELLECTUAL PROPERTY INSTITUTE OF THE REPUBLIC OF SERBIA