On 20 April 2022, the Government of the Republic of Serbia adopted amendments to the Ordinance on determining the List of Technical Devices and Items for which there is an obligation to pay a special fee to copyright holders (“Ordinance“).
The Ordinance determines the types of technical devices and items for which manufacturers and/or importers must pay a special fee in accordance with the Law on Copyright and Related Rights.
With the latest changes, the Government has expanded the list of devices for which there is a clear obligation to pay this fee by adding
- smartphones,
- tablets,
- devices with an integrated hard drive (desktop computers, laptops, a TV with a hard drive, a DVD player with recording capability and a hard drive, a Blu-ray player with recording capability and a hard drive),
- memory cards and
- external hard drives.
The fee to be paid by manufacturers / importers is determined by a special Tariff for exercising the right to a special fee (“Tariff“). The fee is determined as a percentage of the base, which is:
- for devices produced in the Republic of Serbia, the sale price excluding VAT on the first sale,
- for devices imported to the Republic of Serbia, the purchase price calculated in dinars at the exchange rate on the day of their customs clearance, increased by customs,
- for blank carriers of sound, images and text produced in the Republic of Serbia, sales price excluding VAT on first sale,
- for blank carriers of sound, images and text imported to the Republic of Serbia, the purchase price calculated in dinars at the exchange rate on the day of their customs clearance, increased by customs.
Although the Tariff is not currently in line with the latest changes to the Ordinance, it is expected to be harmonized with it in the near term. The amount of the fee to be set for the newly introduced devices is not known, but the current tariff text (which does not specify the above devices) ranges the fee from 0.5% to 3% of the base.
In any case, the manufacturers and importers of the above items should pay attention to any future changes to the Tariff, in order to properly calculate and pay the aforementioned fee, and so that they can take it into account in their business plans and projections. It remains to be seen how these changes will affect the retail prices of the above products, which ultimately depends also on the market.
The amended text of the Ordinance became effective on 29 April 2022.
Contact:
Srećko Vujaković, partner
s.vujakovic@dnvg-law.com
This text is for informational purposes only and is not legal advice. Feel free to contact us if you need additional information.
