If the right holder refuses to licence the right of commercial use of a protected invention to other persons or sets unreasonable conditions for such licensing, the government authority competent in the field in which the invention shall be employed may, at the request of an interested party after considering the merits of each individual case, grant a compulsory licence, in the following cases:
- if the right holder himself or a person authorised by him does not use the protected invention or uses it insufficiently in the Republic of Serbia;
- if the commercial use of an invention that has been subsequently protected in the name of another person is not possible, without the use of the protected invention in whole or in part;
- when it is necessary to remedy a practice determined after a judicial or administrative process to be anti-competitive.
In the case of semi-conductor technology, a compulsory licence may be granted only with the aim of public non-commercial use or when it is necessary to remedy a practice determined after a judicial or administrative process to be anti-competitive.
In case of a plant variety, a compulsory licence can be granted only for reasons of general interest (national or other exceptional needs for the purpose of protection of health and nutrition of the population and protection of public interest in areas of vital importance for socio-economic and technological development).
In case of copyright and similar rights, the law itself provides for a statutory licence permitting reproduction for educational purposes, reproduction of certain newspaper articles and reproduction of works displayed in the open space.