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47 New Articles

Recently, non-fungible tokens (“NFTs”) have become the subject of significant public attention, primarily due to the high amounts of money allocated for their purchase. For example, it is estimated that the worth of the global NFT market in 2021 was about 41 billion dollars, which is more than the value of the market of classical works of art. For the sake of comparison, that is approximately twice the amount of the budget of the Republic of Serbia for 2022. Bearing in mind the nature and manner of functioning of NFTs, the nature of things raises the question of their relationship with intellectual property law, and above all, the relationship with trademark law​.

The Government of the Republic of Serbia enacted the Decree on Establishing the Investment Program “Recovery and Development” (the “Program”) to establish a new credit line for the allocation of favourable credit funds to entities for the implementation of new investments, which will accelerate the recovery and growth of economic activity in the Republic of Serbia in difficult economic conditions caused by the SARS-CoV-2 virus.

Data Protection Officer (“DPO”) is a person overseeing a company’s data protection strategy and implementation in order to ensure compliance with General Data Protection Regulation (“GDPR”) requirements. Any company that processes or stores personal data is recommended to appoint a DPO.

On 3 March 2022, Serbian banks received a letter from the National Bank of Serbia stating that Serbia did not implement sanctions against the Russian Federation and that the banks must continue to provide services to their clients who are in any way connected to the Russian Federation. The banks were told to do so without delay, in any case not later than 4 March 2022, and to report back on undertaken actions.

Recently, the Serbian Government (“Government“) adopted a Regulation on the Quota in the Market Premium System (“Quota Regulation“), and soon after, the Regulation on Market Premium and Fid-In Tarif (“Tarif Regulation“) and the Regulation on the Model Agreement for the Market Premium for Renewable Energy Sources (“Model Agreement Regulation“). This package of by-laws has been adopted to create conditions for the organization of the first market premium auction in accordance with the Law on the Use of Renewable Energy Sources (“Law“).

NKO Partners and Lovric Novokmet Smrcek have advised French Conforama on the sale of furniture and appliance company Emmezeta and subsidiary Emma Real Estate to Poland's Merkury Market. Marohnic, Tomek & Gjoic advised LCN Capital Partners on the sale of a related real estate portfolio. Glinska & Miskovic, Samardzic Oreski & Grbovic, and Brzozowska & Barwinska advised the buyer.

Not so long ago (12 years!) Serbia adopted the amendments to the Agricultural Land Act which was supposed to allow the use of agricultural land for non-agricultural purposes, mainly to support the growing renewable energy sector. Of course, this was conditioned with adopting an adequate Regulation by the Serbian Government, which everyone waited for since 2009. Finally, patience paid off and in July 2021, the Serbian Government adopted the Regulation on the conditions, manner and procedure for giving state-owned agricultural land for use for non-agricultural purposes (hereinafter: “Regulation”).

On 2 September 2021 Ireland’s Data Protection Commission (DPC) announced a 225 million euro fine for WhatsApp and ordered the company to amend its practices within three months. It is the largest fine ever from the DPC, and the second-highest under Europe’s General Data Protection Regulation (GDPR).

In the age of digital philosophy, when the electronic management of documents become more and more prominent in both private and public sectors, digitalization of invoices is rather a logical development than an innovative approach in the functioning of the supply chain. Harmonization of e-invoicing regulation in B2G sector has been in effect for seven years in the EU, while Serbia established an e-invoice system in 2019, prescribing mandatory registration of invoices issued in commercial transactions with the public sector on the central registry of invoices (CRF). The most recent novelty in the field happened with adopting the Electronic Invoicing Act and its by-laws when a comprehensive set of rules regulating e-invoicing came into effect.

Technological progress has a magnificent impact on everyday business life, and one of the things made possible by it is creating the opportunity for employees to perform work outside their business premises. But although technological progress gave employers the means to operate their business through remote work, the rigidity in incorporating this work model in practice was shaken only after the COVID-19 pandemic struck, making the expansion of remote work models a result of practical necessity. The sudden spread of remote work in companies also brought concerns of legal nature, and questions like what are the best ways to regulate contracts, safety measures etc.

On 4 June 2021, the European Commission adopted two implementing decisions (Decision no. 2021/914 and Decision no. 2021/915) which contain Standard Contractual Clauses for processing and transferring of personal data and are set in line with the General Data Protection Regulation (2016/679) (“GDPR”) with the hope of bringing about a higher level of personal data protection.

The standard approach in cases involving abuse of dominant position implies that the competition authority determines the market influence of the company due to which it can operate in the relevant market to a significant extent independently of other market participants and, provided that the company has a dominant position, whether its actions result in abuse of such position. The standard approach came naturally in markets that are geographically and economically limited. The core of the principle is that the public authority reacts ex-post (after the event) to abuses, by imposing the obligation to terminate anticompetitive practices or imposing penalties for prohibited behaviour.

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