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Guest Editorial: Consolidation, Enforcement, and Evolution: The Balkan IP Legal Sector in 2025

Issue 12.9
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In the shifting terrain of the Balkan legal sector – particularly within the realm of intellectual property – 2025 has emerged as a year of strategic recalibration. While the broader Central and Eastern European (CEE) region continues to witness law firm mergers and lateral expansions, the Balkans are carving out a distinct narrative: one marked by regulatory tightening, enforcement innovation, and a growing appetite for regional cooperation.

Unlike the more mature markets of the Baltics or Poland, the Balkan IP sector is still navigating foundational challenges. But momentum is building. Countries like Serbia, Bosnia and Herzegovina, Croatia, and North Macedonia have all made strides in strengthening their IP enforcement frameworks – though progress remains uneven. The European Commission’s latest report on IP protection in third countries offers a nuanced view: no Balkan nation is currently flagged as a “priority country” for systemic IP issues. That’s a marked improvement from a decade ago, when Montenegro ranked second globally for counterfeit exports.

And yet, persistent issues remain. Serbia’s Subotica flea market continues to be a notorious hub for counterfeit apparel and footwear, often linked to supply chains from China and Turkiye. Novi Pazar’s textile sector, while vital to the local economy, is frequently flagged in the context of counterfeit production. Bosnia’s Arizona Market near Brcko, similarly, remains a focal point for unbranded goods that are later labeled with protected trademarks. These examples underscore a regional reality: enforcement is improving, but still reactive in many cases.

What strikes me most as a practitioner in this space is the increasing sophistication of the legal community responding to these issues. Across the region, lawyers are stepping beyond traditional roles, engaging more actively with customs authorities, police units, and regulatory bodies. The focus has shifted from isolated legal actions to broader enforcement strategies that are prevention-focused, coordinated, and data-driven.

Regulatory infrastructure is also evolving. Serbia’s Komora Zastupnika and Croatia’s Registar Zastupnika are gradually assuming more defined roles as oversight bodies. However, inconsistencies remain – particularly in how lawyer and agent statuses are harmonized, how membership fees are structured, and how professional liability is managed. These may seem like technical issues, but in practice, they affect the credibility and trustworthiness of IP representation in the region.

One of the most encouraging trends, in my view, is the emergence of regional cooperation. The Open Balkan initiative – while still early in its development – has sparked serious conversations about cross-border enforcement, shared case databases, and unified legal standards. Events like the 2024 Regional Conference on Curbing Illicit Trade in Skopje have become more than just talk shops; they’re starting to lay the groundwork for joint action.

Equally interesting is the changing perception of the region’s IP professionals. Regional lawyers are increasingly being recognized – not just locally, but by international stakeholders – as capable, insightful, and agile. While still underreported, I’ve noticed more regional experts being invited to speak at international forums or cited in global publications. The pride in that is palpable and, I would argue, well-earned.

But let’s not overstate the case. The Balkan IP market remains fragmented. Unlike the Baltics, where firms consolidated early and strategically, the Balkans are still characterized by national champions and boutique players. Mergers – common in CEE – are approached here with caution. There’s a cultural and economic wariness toward growth that doesn’t translate into tangible value. Instead, many firms are opting to deepen niche expertise, engage in cross-border collaborations, or build informal alliances with global entities.

Looking ahead, I believe the region’s IP sector faces a dual imperative: to continue strengthening enforcement while embracing greater regional integration. The fact that no Balkan country is currently on the European Commission’s IP priority watch list is a milestone – but not a guarantee. Counterfeit trade remains resilient, and regulatory gaps still exist.

As one seasoned colleague recently put it: “We’re not just protecting trademarks – we’re protecting trust.” And in 2025, that trust isn’t earned by press releases or rankings. It’s earned through customs seizures, policy dialogue, and a willingness to adapt to both regional and global realities.

By Djura Mijatovic, Managing Partner, ZMP – Zivko Mijatovic and Partners

This article was originally published in Issue 12.9 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.