PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN MONTENEGRO
Decision on Declaration of Independence of the Republic of Montenegro of 3 June 2006 declared the continuing effectiveness in Montenegro of the following IP laws of the former State Union of Serbia and Montenegro:
- Law on Copyright and Related Rights (Official Gazette of SM, No.61/04):
- Trademark Law (Official Gazette of SM, No. 61/04, 71/05):
- Law on Legal Protection of Design (Official Gazette of SM, No. 61/04);
- Law on Protection of Topography of Integrated Circuits (Official Gazette of SM, No. 61/04).
Montenegro has since adopted:
- the Law on Optical Discs (Official Gazette RM, No. 2/07) applicable as of 19 July 2007:
- the Law on Geographical Indications (Official Gazette of SM, No. 48/08) applicable as of 1 September 2008; and
- the Law on Patents (Official Gazette of SM, No. 66/08) applicable as of 30 October 2008;
Furthermore, Law Implementing Regulations on Protection of Intellectual Property Rights (Official Gazette of RM, No. 45/05), which is applicable in Montenegro as of 1 January 2006, prescribes procedure and measures undertaken by the State authorities in case of intellectual property rights violation by producing, trading or using of certain goods.
On 4 December, 2006, the Government of the Republic of Montenegro deposited the following declaration with the World Intellectual Property Organization (WIPO):
"The Government of the Republic of Montenegro hereby declares that the Treaties listed below continue to be applicable, as from June 3, 2006, in respect of the territory of the Republic of Montenegro and that the Republic of Montenegro accepts the obligations set forth in the said Treaties in respect of its territory:
- the Convention Establishing the World Intellectual Property Organization;
- the Paris Convention for the Protection of Industrial Property;
- the Berne Convention for the Protection of Literary and Artistic Works;
- the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods;
- the Madrid Agreement Concerning the International Registration of Marks;
- the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;
- the Hague Agreement Concerning the International Deposit of Industrial Designs (the Hague Act (1960) and the Stockholm Complementary Act (1967));
- the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;
- the Locarno Agreement Establishing an International Classification for Industrial Designs;
- the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;
- the Nairobi Treaty on the Protection of the Olympic Symbol;
- the Trademark Law Treaty;
- the WIPO Copyright Treaty;
- the WIPO Performances and Phonograms Treaty;
- the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure;
- the Patent Cooperation Treaty".
The Bureau for the Protection of Intellectual Property Rights of Montenegro started to operate on 28th May 2008.
The Decree on Securing Implementation of Intellectual Property Rights in Montenegro (in force as of 29 October 2007) and the Decree on Changes and Amendments of the Decree on Securing Implementation of Intellectual Property Rights in Montenegro (in force as of 27 November 2008) provided for continual validity of rights stemming from applications submitted with the Bureau for protection of Intellectual Property Rights of Serbia and Montenegro, i.e. of Serbia, and of the rights from registrations executed by the Bureau in Belgrade. The Regulation affords the holders of rights inviolable use of their IP rights in Montenegro in accordance with their periods of protection.
The rights from applications for registration of patents, design or topography of integrated circuits that have not been decided by the Serbian Bureau for protection of IP rights before the Montenegrin Bureau started to operate, apply in Montenegro starting from the date of filing the application with the Bureau of Serbia (or the Bureau of Serbia and Montenegro), or in the case of international application processed in the national phase before the Bureau of Serbia or the Bureau of Serbia and Montenegro as the designated Bureau in accordance with the Agreement on Patent Cooperation, from the day of filing the international application, or the priority date, if the applicant will file a request with the Montenegrin Bureau for registration of the right within 1 year of the day the Montenegrin Bureau will start operating (i.e. until 29 May 2009).