Zivko Mijatovic & Partners

Av Fotografo Fco Cano 91A, Alicante 03540, Spain

Firm's Overview

Zivko Mijatovic & Partners (ZMP) is a full-service IP law firm. Through its network of offices across Central and Eastern Europe, it can provide overall protection of all IP rights, including both prosecution and enforcement. Further, ZMP’s Alicante office can provide all legal services in relation to European trademarks and designs, as well as IP legal services in Spain.

ZMP’s constant presence in Central and Eastern Europe means that clients receive immediate and simultaneous service across the region, simply by contacting one of the offices. That is why the service provided by ZMP is unique in the region.

Office history

The firm was established in 1939 in Belgrade, Yugoslavia, as a general practice law firm. It has grown progressively and today consists of 15 offices in 14 European countries. The service is provided through the network of ZMP offices covering the Balkan Peninsula and Central and Eastern Europe. Over the last 30 years, ZMP’s primary activity has been the protection, via prosecution and litigation, of all IP rights.

Services

ZMP offers a full range of IP services in the areas of patents, designs, copyright and trademarks. The firm provides legal assistance and advice on the protection of IP rights and management and enforcement of the same across Central and Eastern Europe.

The services provided by ZMP include filing and prosecution of IP rights; searches and watching services; IP portfolio management; dispute resolution; and advice and representation in infringement and enforcement matters. ZMP is particularly active in providing expert advice and legal assistance in matters of counterfeiting and piracy. ZMP and its attorneys are authorised to represent clients before judicial authorities, IP offices, customs offices and the different administrative authorities of the countries in which the firm’s offices are located.

Anti-counterfeiting activities

With a population of more than 20 million divided into seven jurisdictions, the Western Balkans is fertile ground for the production and distribution of counterfeit goods. The region includes Croatia, which became the newest EU member on July 1 2013, as well as Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia – all of which hope to accede to the European Union, but have not yet done so.

Local legislation in these countries is similar and is being continuously adjusted to conform to EU law. However, issues still arise in combating counterfeit goods due to a lack of resources and inaction on the part of the authorities. Due to its geographical location, the area is well connected to other countries and continents. It sits at a junction of land and sea transportation routes, and is becoming a gateway to the EU market.

Rights holders are advised to consider the measures available across the region and contemplate implementing a strategy that recognises the root of the problem and provides a long-term solution. The need for a swift response should be seen as an incentive rather than an obstacle to solving the problem of counterfeit goods. The proper approach is not to try to solve problems at a micro level (eg, focusing on only one shipment), but rather to implement a border strategy covering the wider region. The countries of the Western Balkans should be considered as a single region.

For this reason, it is of utmost importance to have a cross-jurisdictional strategy to combat the problems arising from counterfeiting activity in the region. ZMP is uniquely positioned to provide this service through its network of tightly linked local offices.