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Law on amend ments to the Law on Protection  of Topographies 
of Semiconductor s  
 
 
("Official Gazette of Montenegro", No. 40/16)  
 
Article  1 
 
In the Law on Protection of Topographies of Semiconductor (Official 
Gazette of Montenegro , No. 75/10),  in Article 2 a fter paragraph 3 a new 
paragraph  shall be added to read as follows:  
 
“The right to protection of topography shall also apply to legal successors of the 
persons referred to  in paragraphs  1 to 3 of this A rticle.  
 
Article 2  
 
In Article 5 paragraph 3 shall be deleted.  
 
Article 3 
 
In Article  7 paragraph  2 the introductory sentence shall be amended to 
read as follows : 
 
“The holder of the protected topography referred to in paragraph  1 of this 
Article  shall be entitled  to authoris e or prohibit  to other persons :” 
 
In item 2,  the words: " import ing or marketing " shall be replaced by  words:  
"commercial exploitation  or the import ation for the purpose  of the  commercial 
exploitation ." 
 
After paragraph , 4 a new paragraph shall be added to read as follows : 
 
“The exclusive r ights  to authorize or prohibit  commercial  use or 
importation for the purpose of commercial use  of protected topography or 
semiconductor manufactured by using the protected topography  shall be 
exhausted after putting  the protected topography or the semicond uctor on the 
market by the person entitled to authorise or with his/her explicit  consent , on the 
territory of the European Union, or contracting parties  of the European Economic 
Area.”  
 
Article 4 
 
In Article  11 after paragraph  3 two new paragraphs  shall be  added to 
read as follows :  
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"Where  the exclusive rights  come into existence in  accordance with 
paragraphs  1, 2 and  3 of this  Article, the  persons referred to in  Article 2 of this 
Law shall have the right  to protection of  topography  in accordance  with the 
provisions  of this L aw for the period prior to those rights coming into existence , 
provided that they prove that  another person has  fraudulently  reproduced  or 
commercially  exploit ed or imported  for that purposes a topography.  
 
The provision of paragraph  4 of this Article  shall be without prejudice to  legal  
remedies  for enforce ment  of the ex clusive  rights  conferred  in accordance  with 
Article  6 para graphs  2 and  3 of this L aw. " 
 
The current  paragraphs  4 and 5  shall become paragraphs  6 and 7. 
 
 
Article  5 
 
In the title of the Chapter V . the word  “CIVIL ” shall be deleted . 
 
 
Article  6 
 
Article  14 shall be amended  to read as follows : 
 
“Application of provisions of other regulations   
Article  14 
 
Provisions of the law governing patents shall apply accordingly to the f iling 
of an action concerning the violation of topography rights, establishing the 
violation of the rights, filing of request for termination of violation of the rights , 
seizure and destruction of objects, damage compensation, burden of proof , 
publishing o f the judgement , provisional measures,  securing of evidence,  
obtaining of evidence,  obligation of providing information , alternative 
measures, determining the persons entitled for applying for protection of rights, 
urgency in proceeding as well as other is sues concerning civil law protection.”   
 
 
Article  7 
 
After Article  15 two new chapters and two new a rticles shall be added to 
read as follows : 
 
“Va. SUPERVISION  
 
Supervision over implementation of the Law  
Article  15a  
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Supervision over implementation of thi s Law and legislation adopted on 
the basis of this Law shall be carried out by the Ministry . 
 
Inspection supervision over implementation of this law shall be carried out 
by the public administration authority in charge of inspection supervision 
activities,  through Market Inspectorate.  
 
Provisions of the law governing patents shall apply accordingly to 
inspection supervision issues.  
 
Vb. PENALTY PROVISIONS  
 
Misdemeano urs against protected topography  
Article  15b 
 
A fine ranging from EUR 2, 000 to EUR  10,000 shall be imposed to a legal 
person which , without authorisation from the holder of the protected topography 
or other person authorised to give such authorisation:  
 
1) Reproduces protected topography in any way or in any form  (Article  7 
paragraph  2 item 1); 
2) Commercial exploits or the imports for the purpose of the commercial 
exploitation  topography or semiconductor manufactured by using the  
protected topography  (Article  7 paragraph  2 item 2). 
 
For the misdemeanour  referred to in paragraph 1 of this  Article  a fin e 
ranging from EUR 500 to EUR 2,000 shall also be imposed to a natural person 
and the person responsible in the legal person . 
 
For the misdemeanour  referred to in paragraph 1 of this  Article  a fine 
ranging from EUR 1, 300 to EUR 6,000 shall also be imposed to an entrepreneur . 
 
For the misdemeanour  referred to in paragraph 1 of this Article , a 
protective measures of seizure of objects that have been mainly intended or used 
in the committing of misdemeanour  or that were produced during the 
misdemeanour  shall b e imposed , and these shall be destroyed  mandatory . 
 
Article  8 
 
After Article  17 a new Article shall be added to read  as follows : 
 
„Deferred  application   
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 Article  17a 
 
The provision of Article  7 paragraph  5 of this Law shall apply  from the da te 
of accession of Montenegro to the European Union .” 
 
 
Entry into force  
Article  9 
 
This Law shall enter into force on the eighth day from the day of its 
publishing in the Official Gazette of Montenegro ".