10 Jun 2020

Serbia signs and ratifies the so-called Convention 108+

Whenever you leave your home, buy something, apply for a job or pay bills these days – pretty much almost whatever you do –  your personal information is used, collected or processed.  In order to protect your right to private life regarding the automatic processing of your personal data, the Council of Europe adopted the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data – ETS No. 108 (“Convention 108”). (No) Need to Modernize the Convention Convention 108 is the first binding international instrument protecting the individuals against abuses which may accompany collection and processing […]

05 Jun 2020

Gecić Law the first law firm to join the Responsible Business Forum Serbia

We are proud to announce that Gecić Law is the first member law firm and a pro bono partner of the Responsible Business Forum Serbia (Forum za odgovorno poslovanje), an organization founded in 2008 by some of the largest companies in Serbia dedicated to improving the local society through principles of sustainable development. The Forum’s motto is “Better business for better society” while its goal is to empower companies to conduct their business in line with principles of sustainability, responsibility and ethics, and to combine the know-how and the resources to further best business practices which bring measurable and positive […]

02 Jun 2020

Self-driving cars on the road – who’s liable for damages?

Self-driving cars are almost a century-old dream. Ever since the concept of autonomous vehicles was presented at the 1939 New York World Fair sponsored by General Motors, the industry’s greats have raced to be the first to manufacture a self-driving car. Now, thanks to the development of Artificial Intelligence (“AI”), this dream is ever closer to reality. Self-driving cars – (not) all quiet on the Western front? The US state of Nevada is (in)famous for its casinos, luxury resorts and the showbiz industry. However, Nevada is also known for being among the first to allow (limited) participation of self-driving cars […]

28 May 2020

The Micula saga – what were the lessons learned?

One learns early on – if you want to sit at the cool kids’ table, you must do the work and engage in tedious diplomatic battles and quid pro quo bargains. Yet, does the accession to the EU automatically erase ghosts of times past? If one looks at the love-hate triangle between the EU, Romania and the Micula brothers, the answer is not necessarily positive. The Micula phenomenon No international lawyer is likely to ever ask: “Micula – who?” On the contrary, the Micula case(s) have by now generated such notoriety that they represent household terms in law offices around […]

11 May 2020

Fighting the Onslaught of COVID-19 Litigation?

As worldwide lockdowns slowly recede and many of us, including courts, claimants and respondents, step back out of quarantines, we will be “greeted” by a plethora of complex litigation issues. The large number and complexity of these issues will require all sides to put in place even more sophisticated strategies to tackle the ensuing litigation onslaught. According to Harold Kim, the president of the U.S. Chamber Institute for Legal Reform, “[t]his early litigation is really, from our vantage point, the tip of the iceberg”. Cue May 6, 2020: Serbia rescinded the almost two-month-long state of emergency and relaxed measures restricting […]

08 May 2020

The latest judgment of the Federal Constitutional Court of Germany – a serious blow to the decision-making of the courts in the European Union?

On May 5, 2020, the Federal Constitutional Court of Germany  (“Constitutional Court”) delivered a judgment approving several constitutional complaints.  The complaints pertain to the Public Sector Purchase Program (“PSPP”) and allege that it violates the prohibition of monetary financing under Article 123 of the Treaty on the Functioning of the European Union (“TFEU”) and the principle of conferral provided for in Art. 5(1) of the Treaty on European Union (“TEU”). It is important to note that the European Court of Justice ruled on the matter on December 11, 2018, stating that the PSPP did not violate the funding ban. Two […]

06 May 2020

The same look, the same purpose of a computer program – copyright infringement or not?

Programming is the creative process of writing a particular set of characters, which, in a certain sequence, is an instruction for a computer to perform a particular action.  In order for the computer to “recognize” the instruction, the programmer must be as detailed and precise as possible when writing the specific instruction.  A computer program consists of a set of instructions and, consequently, a large number of instructions need to be written. The oldest computer systems were created in the first half of the last century, which were mechanical or electromechanical in type.  In order to introduce a new program […]

29 Apr 2020

KOSTT-EMS Energy Dispute: One of the longest and most complex disputes in the Energy Community nears an end

On April 20, 2020, Serbian and Kosovar* transmission system operators (“TSOs”) finally took a step forward to end a years-long dispute.  The breakthrough came on the back of protracted negotiations between the Kosovar* TSO KOSTT and the Serbian TSO EMS, facilitated by the European Network of Transmission System Operators for Electricity (“ENTSO-E”).  Thevoteon the draft Connection Agreement was successfully concluded by the Regional Group of Continental Europe.   Thanks to this vote and the subsequent deal, KOSTT and Kosovo* will leave the Serbia-Montenegro-North Macedonia control block and form the Kosovo*- Albania control block, as announced a number of months ago.  […]

28 Apr 2020

New Trademarks Act – a step closer in aligning Serbian legislation with EU law

On February 1, 2020, a new Trademarks Act („Act“) came into force with a view to addressing shortcomings observed during the application of the previous act, to establish a more efficient system for trademark protection, as well as to align Serbian legislation with the laws of the EU Member States in this field. Placing trademarked goods and services on the market allows the trademark owner to distinguish those goods and services on the market from others that are the same or similar, while simultaneously increasing its responsibility towards consumers.  The importance of trademarks calls for an efficient and simple protection […]

24 Apr 2020

Taxation: revised EU list of non-cooperative jurisdictions

The Economic and Financial Affairs Council (“the Council”) on 18 February 2020 adopted revised conclusions on the EU list of non-cooperative jurisdictions for tax purposes (“the EU list”).  The EU list (Annex I) includes non-EU countries or territories which had not made sufficient commitments in response to the EU‘s concerns about taxation arrangements.  The State of play section (Annex II) lists the jurisdictions which had responded with sufficient commitments.  Therefore, the jurisdictions that do not yet comply with all international tax standards but have committed to reforms are included in Annex II.  These countries need to take effective actions to […]