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Special Administrative Law Procedure For The Recognition Of Patents

Summary/Abstract: The procedure for the grant of patents is a particular administrative procedure which has many specific traits. The authors of this work point out that it is a strictly formal, complex, timeconsuming and expensive procedure. However, its most distinguished trait is that, according to our national law, the administrative acts of the Intellectual Property Office are not the subject to appeal, but these acts may only be challenged in an administrative dispute at the court of relevant jurisdiction. The authors underline that the new solution proposed in the draft of new Patent Act that introduces an appeal as a legal remedy to be ruled on by the Government of the Republic of Serbia, is also inadequate and does not in a comprehensive way tackle this issue. Therefore, it should not be included into the future Patent Act, that is, it should be excluded from the existing Acts which regulate the procedure of the recognition of the indications of geographical origin, industrial designs and trademarks. The authors propose the legal solution which foresees the establishment of a Commission or Council for appeals as an organ of second instance that could review the complaints against the Intellectual Property Office’s administrative acts.

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