INTELLECTUAL PROPERTY IN INTERNATIONAL PRIVATE LAW

Abstract

One of the biggest problems in the matter of intellectual propertv and private international law occurs in a dilemma, if the citizen from other country can gain the protection of their rights in the field of intellectual propertv in Serbia, and under what conditions, and is this also applies to our national abroad, as well as registration and protection at the international level, which would, in the conditions of globalization, be only thing that we could speak about in the means of protection of this right. Domestic sources of law, are making conditions on the rights of industrial property in our country trough a formal reciprocity, which makes this law solutions in the group of relatively reserved laws. The citizens from other countries will enjoy protection, as well as local citizen, provided that it is stipulated by international agreement, or that the same right is recognized in our national state (the principle of reciprocity, . Reciprocity). Awareness about the importance of international regulation of intellectual property has reached its pick quite early. Today this is regulated by a large number of international documents. Paris Convention for the Protection of Industrial Property of 1883. yr. is the first international act to regulate this issue. This question is also regulated by others international multilateral agreements: the Agreement on cooperation in the field of patents, the European Patent Convention, the Convention on the patent of European Union. Copyright is protected for foreign authors in Serbia and Montenegro, under this condition: 1) that the author is a person who has rights on the basis of international agreement that is ratified by Serbia and Montenegro, or 2) that there is reciprocity between Serbia and Montenegro and the countries where author belongs. Copyright and other related rights are subject to international regulation. The most important international acts from this area are Bern Convention on the protection of literary and artistic works in 1886. and the Universal Copyright Convention in 1952. year. We believe that the Unification of larger number of questions in the field of intellectual property rights, not only at the level of the EU, but also at the UN, in international cooperation, will expand the powers of competent bodies within the UN, mainly UNESCO, and also much greater liberalization in terms of availability for legal protection of foreigners and giving the benefits and help for developing countries for scientific and technological development, will contribute to the overall balanced development, for the benefit of all mankind.