General Information | Patents of Invention
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General Information

Area: 14,026 sq. km.
Population: 630,548 inhabitants (estimated 2004).
Capital: Podgorica (administrative capital), Cetinje (capital city).
Language: Serbian, may be written in both the Latin and Cyrillic alphabet.
Currency: Euro.

GENERAL REMARKS

Montenegro is a small mainly mountainous country with a beautiful Adriatic coast, in the south-east of Europe, surrounded by Croatia, Bosnia, Serbia and Albania. Montenegro was first mentioned as a state in the 15th century when the Crnojevic dynasty began to rule the Serbian principality of Zeta. Despite continuous pressures, Montenegro was able to maintain its independence from the Ottoman Empire during the two following centuries. From the 16th to 19th centuries, Montenegro became an orthodox theocracy governed by bishop princes. Montenegro has, for a certain period of time, been an independent state called Principality of Montenegro and this State acceded to the Berne Convention in 1893, being therefore among its earliest Contracting Parties. After World War I, Montenegro was included within the Kingdom of Serbs, Croats, and Slovenes, which became the Kingdom of Yugoslavia in 1929. At the end of World War II, it became one of the six republics of the Socialist Federal Republic of Yugoslavia. When it dissolved in 1992, Montenegro remained in the federation with Serbia, first as the Federal Republic of Yugoslavia and, after 2003, in the Union of Serbia and Montenegro. On May 22, 2006, as a result of a referendum, Montenegro voted independence, which was formally declared on June 3, 2006.

Montenegro was one of the less developed republics of the former Yugoslavia. Apart from a not very developed industry mainly based on the bauxite and forest natural sources and recently commerce, tourism has always played an essential part in the economy.

Membership in International Conventions: the Republic of Montenegro has become a member of WIPO, joined the Paris Convention, the Madrid Agreement and Madrid Protocol, PCT, as well as other international conventions and treaties previously signed by the former Yugoslavia and/or Serbia and Montenegro (they all entered into force as of June 3, 2006).

The Industrial Property Laws of the former Union of Serbia and Montenegro, i.e. Patent Law, Trademark Law, Law on the Protection of Models and Designs, and Law on the Protection of Geographic Indications of Origin of July 2004, with the amendments of January 1, 2005, were taken over for the territory of Montenegro, as a temporary solution until the appropriate national laws are drafted. The corresponding regulations defining the re-validation of the IP rights applied for in Serbia and Montenegro before June 3, 2006, provide that the registered IP rights will be valid in Montenegro until the corresponding expiration dates, when the renewals will be carried out in Montenegro. The IP rights pending on June 3, 2006 could be re-filed in Montenegro (the extended deadline expires on May 28, 2009).

The Intellectual Property Office of Montenegro , which is a part of the Ministry for Economy, started to operate on May 28, 2008.

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Patents of Invention

LEGAL BASIS

• Patent Law, passed on September 20, 2007, published in the Official Gazette of Montenegro No. 66/08 of October 31, 2008, came into effect on November 8, 2008.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since June 3, 2006 (ex-Yugoslavia effective date as of 1960).
• Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 3, 2006 (ex-Yugoslavia since February 1921).
• Convention Establishing the World Intellectual Property Organization (WIPO), since June 3, 2006 (ex-Yugoslavia since October 1973).
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms, since June 3, 2006.
• Patent Cooperation Treaty (PCT), since June 3, 2006.
• European Patent Convention (possible extension of European patents to Montenegro as of February 13, 2009).

FILING REQUIREMENTS

• Specification, claims (EPO type) and abstract;
• Drawings (if any), in triplicate;
• Certified copy of the priority application(s), if any (not required for the national phase of a PCT application);
• The applicant's declaration on the legal basis for filing the application in his name (can be filed within three months following the date of filing the application);
• Power of attorney, no legalization (can be filed subsequently);
• Copy of the PCT documentation: PCT publication, International Search Report, Written Opinion (if any), response to the Written Opinion (if any), Preliminary Examination Report and the amended sheets (if any).

PCT applications: any international application where Montenegro is designated as pursuant to the provisions of the PCT shall be deemed to be an application for extension of the European patent to Montenegro, and the European Patent Office shall act as designated or elected Office under the PCT. Also, the European Patent Office shall act as the competent authority for the searching and international preliminary examination of international applications filed with the responsible authority acting as receiving office under the PCT. Time limit for entering the national phase: 30 months from the priority date (as for the European applications).

Extension of European Patents: an agreement was signed with Montenegro on February 13, 2009. Any European patent extended to the State Union of Serbia and Montenegro or to the Republic of Serbia, which has been granted upon a European patent application filed before June 3, 2006, shall be valid in Montenegro until the expiry of the term for which maintenance fees have been paid to the Serbian Office without any additional registration and without payment of any additional fees.

Any European patent extended to the State Union of Serbia and Montenegro or to the Republic of Serbia, which has been granted upon a European patent application filed on or after June 4, 2006, but prior to the date of coming into force of a Co-operation and Extension Agreement between Montenegro and the European Patent Organization shall be effective in Montenegro until the expiry of the term for which maintenance fees have been paid to the Serbian Office and without any additional registration and without payment of any additional fees.

REMARKS

Annuities: are due for the third and each following year for patent applications and patents counting from the filing date.

Opposition: not provided for.

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Trade and Service Marks

LEGAL BASIS

• Trademark Law, passed on December 24, 2004, in force (in former Serbia and Montenegro Union) since January 1, 2005 – taken over as a provisional legislation in Montenegro as of June 3, 2006. (The corresponding national law is in preparation.)

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol.
• Hague Agreement on the Exemption of Foreign Documents from Consular Legalization, 1961.
• Nice Agreement concerning the International Classification of Goods and Services.

FILING REQUIREMENTS

• Power of Attorney, not legalized (can be subsequently filed);
• 10 prints (except for word marks), size: min. 3 x 5 cm, 8 x 8 cm; 7 color specimens and 5 black and white prints for marks in color;
• List of goods and services; grouped according to the international classification;
• Priority Certificate, if any.

REMARKS

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Industrial Designs

LEGAL BASIS

• Law on Protection of Designs, passed on December 24, 2004, in force (in former Serbia and Montenegro Union) since January 1, 2005 – taken over as a provisional legislation in Montenegro as of June 3, 2006. (The corresponding national law is in preparation.).

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Hague Agreement on the Exemption of Foreign Documents from Consular Legalization, 1961.

FILING REQUIREMENTS

• Power of Attorney, not legalized (can be subsequently filed);
• Applicant’s Declaration;
• Specification of the design without claim, but the novelty has to be pointed out in the specification;
• 3 photographs or 3 drawings, size 16 x 16 cm;
• Priority certificate, if any.

REMARKS

Duration - renewals: after formal and complete examination: 25 years from the filing date.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

• ccTLD: .me
• Applicant: legal entities and individuals.
• Local Presence: required for sub-domains only.

REMARKS

Duration - renewals: one to ten years.
Uniform dispute resolution procedure:before the WIPO Arbitration and Mediation Center.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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