21 November 2022 – Online conversation
The lecture was organized by Professor Sanja Savčić, from the Faculty of Law in Novi Sad, a researcher with the Central European Professor’s Network.
The lecture that was planned and organized as a dissemination event for research carried out within the framework of the Central European Professors’ Network coordinated by the University of Miskolc gathered (more than 12 participants) lawyers and master students attending the Faculty of Law, University of Novi Sad, in order to discuss various relevant issues concerning the civil law framework for environmental protection and the protection of future generations. This lecture focused on different measures aimed at supporting a common endeavor for preserving the environment and improving the environment for future generations.
Professor Savčić began the lecture with introductory remarks on environmental protection in Serbia. The Constitution foresees everyone’s obligation to preserve and improve the environment; however it is the Republic of Serbia and the provinces that are accountable for the protection of the environment (Art. 74(2)). A large number of regulations, per se, illustrate the need for legal intervention in order to protect the environment for future generations. The majority of provisions referring to environmental matters are directed at setting standards for environmental protection, prohibiting vulnerable or hazardous acts and, consequently, these provisions are equipped with different kinds of measures aimed at achieving and maintaining the desired standards of a healthy environment.
The long-term goal is to shape a society which can deliver continuous technical-technological and economic progress, while preserving natural values for future generations. More precisely, the objective is to promote a development that will not endanger living conditions, over a long period of time, i.e., to secure sustainable development.
The conceptual definition of sustainable development indicates that inventiveness is its integral element. On the one hand, technical-technological progress is based on invention with economic process stemming from technical-technological progress. On the other hand, technical-technological solutions should emerge from inventions that maintain the constancy of natural resources, to the greatest extent possible.
Professor Savčić explained the role of patent law in shaping future development in accordance with preserving and improving the environment for future generations.
Professor Savčić went on to address the impact of indications of geographical origins on environmental matters. In this respect, the professor explained that there were a few reasons for connecting geographical indications and the environment. The first reason being the fact that the quality and specific characteristics of a product primarily depends on the conditions within a specific geographic location. That usually means “nature”. The second reason, particularly when it comes to appellation of origin, is that the quality of a product has to be proven by an experts’ entity, from the very moment of application, and further, throughout the entire eternal period. As it was pointed out, the case of opposite situation could be the cause for terminating the status of an authorized user of indication.
The professor concluded that the cooperation, between scientific research institutions and the industry, is of the utmost concern for a modern society, with respect to patent protection. Since fiscal obligations represent a burden on economic entities, a significant incentive in the intensification of technology transfer should come from the side of the state, in the form of fiscal benefits.
A similar approach has been suggested in relation to indications of geographical origin. State and local governments should encourage the recognition of indications of geographical origin, attracted to a locality of high environmental quality. Therefore, the environmental issue should be included in the determination of the specific characteristics of a product or service, and consequently in certain labelled goods.
