General Information | Patents of Invention
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General Information

Area: 13,812 sq. km.
Population: 672,180 inhabitants (estimated 2009).
Capital: Podgorica.
Language: Montenegrin.
Currency: Euro.

GENERAL REMARKS

Montenegro was one of the six republics of the former Socialist Federal Republic of Yugoslavia. It became an independent state on June 3, 2006.

The economy of Montenegro is mainly based on tourism and commerce, with a less developed industry based mainly on bauxite and forestry.

The Intellectual Property Office of Montenegro, which is a part of the Ministry for Economy, started to operate on May 28, 2008. As a temporary solution until the appropriate national laws were drafted, Montenegro took over the Industrial Property Laws of the former Union of Serbia and Montenegro, i.e. Patent Law, Trademark Law, Law on the Protection of Designs, and Law on the Protection of Geographic Indications of Origin of July 2004, with the amendments of January 1, 2005. The Decree on Ensurance of IP protection issued by the Montenegrin government defines the manner of re-validation of the IP rights applied for and granted in Serbia and Montenegro before the inauguration of the Montenegrin IP Office. All IP rights granted in Serbia before May 28, 2008 are valid in Montenegro until their next renewal date, when the renewals must be carried out in Montenegro. The IP rights pending on May 28, 2008 could be re-filed in Montenegro (the extended deadline expired on May 28, 2009).

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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.
• Decree on Procedure for Grant of Inventions, published in the Official Gazette of Serbia and Montenegro No.2/62 of December 2004, came into effect on January 1, 2005.
• Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act, since June 3, 2006 (ex-Yugoslavia since February 1921).
• Patent Cooperation Treaty (PCT), since June 3, 2006.
• European Patent Convention (the Agreement on extension of European Patents to Montenegro has entered into force on March 1, 2010. From that date, it is possible to extend to Montenegro protection conferred by European patent applications and patents).

FILING REQUIREMENTS

• Specification, claims (EPO type) and abstract;
• Drawings (if any);
• 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

• Montenegrin Trademark Law, passed on November 30, 2010, published in Montenegrin Official Gazette No. 72/2010 of December 8, 2010, in force since December 16, 2010.
• Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.
• By-Laws regulating application of the Trademark Law will be adopted within six months from the date of coming into force of the Trademark Law. Until then, the By-Laws adopted on the basis of the previous Trademark Law (Official Gazette of Serbia and Montenegro No. 61/04 and 07/05) shall continue to be applied, unless they are contrary to the current Trademark Law.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol.

FILING REQUIREMENTS

• Power of Attorney, not legalized (can be subsequently filed);
• 3 prints (except for word marks), size: min. lenght 1.5 cm, max. size 8 x 8 cm;or electronic sample;
• List of goods and services; grouped according to the international classification;
• Priority document, if any.

REMARKS

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Industrial Designs

LEGAL BASIS

• Law on Protection of Designs, published in the Official Gazette No. 80/2010, of December 30, 2010, in force since January 8, 2011.
• By-Laws regulating application of the Law on Protection of Designs will be adopted within six months from the date of coming into force of the Law on Protection of Designs. Until then, the By-Laws adopted on the basis of the previous Law on Protection of Designs, (Decree on Design Examination Proceedings, published in the Official Gazette of Serbia and Montenegro No. 28/2005, in force since July 16, 2005) shall continue to be applied, unless they are contrary to the current Law on Protection of Designs.
• Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.

• Hague Agreement, Geneva Act, as of March 5, 2012.

FILING REQUIREMENTS

• Power of Attorney, not legalized (can be subsequently filed);
• Applicant’s Declaration;
• Description of the design;
• Photographs or drawings or design suitable for reproduction;
• Name of product of which a design is a part or on which it is applied;
• Priority document, if any.

REMARKS

Duration - renewals: after formal 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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