IP/N/1/MNE/O/6  
 
8 April 2013  
(13-1786)  Page: 1/16  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT 
MONTENEGRO  
This document reproduces the text1 of the Regulation on Procedure of Customs Authority with the 
Goods under Suspicion of Infringing the Intellectual Property, as notified by Montenegro on 21 February 2013 under Article 63.2 of the Agreement (see document IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MONTÉNÉGRO  
Le présent document contient le texte1 du Règlement sur les procédures douanières en cas de 
marchandises présumées porter atteinte aux droi ts de propriété intellectuelle, notifié par le 
Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto1 del Reglamento sobre las Actuaciones de la 
Autoridad Aduanera en relación con las Mercancías Sospechosas de ser Infractoras de los Derechos de Propiedad Intelectual, notificado por Montenegro el 21 de febrero de 2013 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/MNE/1). 
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte en monténégrin peut être consulté, sur demande, auprès du 
Secrétariat de l'OMC./En inglés solamente. El texto en mo ntenegrino se puede consultar, previa solicitud, en la 
Secretaría de la OMC. 
 IP/N/1/MNE/O/6 
 
- 2 - 
 
  Pursuant to the Article 67, Paragraph 3 of the Customs Law ("Official Gazette of the Republic of 
Montenegro" 7/02, 38/02, 72/02, 21/03, 31/03, 29/05 and 66/06 and "Official Gazette of 
Montenegro" 21/08), the Government of Montenegro at its session of 23 June 2011, has adopted the 
following 
REGULATION ON PROCEDURE OF CUSTOMS AUTHORITY WITH THE GOODS UNDER 
SUSPICION OF INFRINGING THE INTELLECTUAL PROPERTY RIGHTS 
 
("Official Gazette of Montenegro" No. 33/11)  
 
I GENERAL PROVISIONS 
 
 Subject  
 
Article 1 
   
(1) This Regulation stipulates the conditions for undertaking actions with goods suspicious of 
infringing an intellectual property right and procedure for undertaking such actions, in cases when the goods are: 
 
1) Declared for release for free circulation, export or re-export, 
 
2) Found during the control of goods entering or exiting the customs territory of 
Montenegro, 
 
3) placed under a suspensive customs procedure, or   
 
4) placed in free zone or free warehouse. 
 
(2)  This Regulation stipulates actions for protection  of an intellectual property right undertaken by 
the customs authority when the goods referred in Paragraph 1 are found to infringe intellectual property rights.  
Goods infringing an inte llectual property right 
 
Article 2 
 
(1) Goods infringing an intellectual property right means: 
 
1) Counterfeit goods, namely: 
 
- goods, including packaging, bearing without authorisation a trademark identical to the 
trademark validly registered in respect of th e same type of goods, or which cannot be 
distinguished in its essential aspects from such a trademark, and which thereby infringes 
the trademark-holder's rights in Montenegro;  
 - any trademark symbol (including a logo, label, sticker, brochure, instructions for use 
or guarantee document bearing such a symbol ), even if presented separately, on the 
same conditions as the goods referre d to in paragraph 1 of this item; 
 
- packaging materials bearing the trademarks of counterfeit goods, presented 
separately, on the same conditions as the goods referred to in paragraph 1 of this item. 
 2) 'pirated goods', namely goods which are or contain copies made without the consent of 
the holder of a copyright or related right or design right, regardless of whether it is 
registered in cases where the making of those copies would constitute an infringement of copyright or related right or design right, 
 IP/N/1/MNE/O/6 
 
- 3 - 
 
  3) goods which infringe a patent, a supplementary protection certificate, a plant variety 
right, designations of origin or geographical indications, semi-conductors topography 
right, in accordance with the law. 
 (2) Any mould or matrix which is specifically designed or adapted for the manufacture of goods 
infringing an intellectual property right shall be treated as goods of that kind if the use of such 
moulds or matrices infringes the right-holder's rights under the law.   
(3)  For the purposes of this Regulation, 'right-holder of the intellectual property right' 
(hereinafter: 'right-holder' means:  
1) the holder of a trademark, copyright or relate d right, design right, patent, supplementary 
protection certificate, plant variety right, protected designation of origin, protected 
geographical indication, semi-conductors topography;   
2) Person authorized to use right referred in the Item 1 of this Paragraph (hereinafter: 
authorised user of the right),   
3) representative of the right-holder or authorised user. 
 
(4)  Representative referred in the Paragraph 3, Item 3 of this Article can be any natural or legal person, as well as: 
 
1) organization for collective protection of copyright or related rights, 
 
2) groups or representatives (agent) who submitted applications for registration of protected 
designation of origin or protected geographical indication, and  
 
3) breeder of plant varieties.  
 
Exception from application 
 
Article 3 
 This Regulation shall not apply to: 
 
1) goods bearing a trade-mark with the consent of the holder of that trademark or to goods 
bearing a protected designation of origin or a protected geographical indication or which 
are protected by a patent or a supplementary protection certificate, by a copyright or 
related right or by a design right or a semi-c onductors topography right or a plant variety 
right and which have been manufactured with the consent of the right-holder but are placed in one of the situations referred to in Article 1(1) without the latter's consent, 
including the manufactured under conditions other than those agreed with the right-
holder, 
 
2) Where a traveller's personal baggage contains goods of a non-commercial nature within 
the limits of the duty-free allowance and there are no material indications to suggest the goods are part of commercial traffic. 
 
II PROCEDURE FOR ACTIONS FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHT 
 
Application for action for protecti on of intellectual property right 
 
Article 4 
 
(1) The application for action for protection of an intellectual property right (hereinafter: 
application) is lodged by the right holder to the authority relevant for customs operations (hereinafter: Customs Administration) in wr itten form or in electronic manner.  
 
(2) The application is lodged in two copies, in the form filled in accordance with the Instructions 
in the Annex 1, making the integral part of this Regulation.  IP/N/1/MNE/O/6 
 
- 4 - 
 
  (3) The application must contain information which enable the customs authority to easily 
recognise the goods to which the application is related, especially: 
 
1) Correct and detailed technical description of the goods, 
2) All information in possession of the right holder, in reference to the type or method of 
infringement of an intellectual property right, 
3) Name and the address of contact person, designated by the right-holder. 
 
(4) Following the request of customs authority, the right holder shall also provide other data on 
original goods or goods under suspicion of infringing an intellectual property right, such as information on:  
- Value of original goods; 
- Location of the goods or destination of the goods; 
- Based on which the shipment or packaging of the goods can be indentified; 
- expected date of arrival or  forwarding of the goods; 
- type of transport; 
- importer, exporter or holder of the goods; 
- country (or countries) where the goods are produced, as well as transport routes;   
- Technical and other differences, if known, between the original goods and the goods under 
suspicion of infringing an intellectual property right. 
 
(5) Depending from the type of intellectual prop erty right for which the application is being 
submitted, the customs authority can request additional documents. 
 
Documents attached to the application 
 
Article 5 
 
(1) The right-holder referred to in the Article 2,  Paragraph 3, Item 1 of this Regulation, shall 
attach to the application following: 
  
1) In case of intellectual property right which is registered or for which the registration 
application has been lodged, proof of regi stration or proof of lodged registration 
application; 
 2) In case of copyright or related right or design  right, which is not registered or for which 
the registration application was not lodged, the copyright document or the document 
proving the status of genuine right holder is to be lodged.  
 
(2)  For the purposes of Paragraph 1, Item 1 of  this Article, the proof also means the excerpt 
from the adequate registry.  (3)  For protected designation of origin or protected geographical indication, attached to the proof 
referred in Paragraph 1, Item 1 of this Article, shal l be also lodged the proof that the right-holder is 
the producer or the association and the proof that such designation is registered.   
The Paragraph 3 of this Article is applied accordingly to the wines and alcoholic beverages. 
 (4)  If the application is lodged by the authorised  user of right, apart from proofs referred in the 
Paragraphs 1, 2 and 3 of this article, it is also necessary to lodge document proving that the person 
is entitled to exercise right to use.  (5)  If the application is lodged by the representa tive of the right-holder or authorised user of 
right, apart from proofs referred in Paragraphs 1, 2 and 3 of this Article, the authorisation for 
representation is also lodged. Agent is also obligated to attach the declaration referred in the Article 6 of this Regulation, signed by the person re ferred in the Paragraphs 1 or 4 of this Article or 
other document by which it is accepting liability to cover expenses incurred by the actions of the 
customs authority for their account, in accordance with the Article 6 of this Regulation.   
(6)  No fee is paid during the lodging of application for action. 
 IP/N/1/MNE/O/6 
 
- 5 - 
 
  Declaration of the right-holder 
 
Article 6 
 
Applications for action shall be accompanied by a declaration from the right-holder, which may be 
submitted either in writing or electronically, accepting liability towards the persons involved in a 
situation referred in the Article 1, Paragraph 1 of this Regulation if the procedure, initiated in 
accordance with the Article 8, Paragraph 1 of this Regulation, is terminated due to an act or 
omission by the right-holder or in the event that  the goods in question are subsequently found not 
to infringe an intellectual property right.  (1) Within the declaration referred to in the Paragraph 1 of this Article, the right holder is 
obligated to bear expenses related to the storing and keeping the goods withheld under the 
customs control in accordance with the Article 8 and 9 of this Regulation.  
(2) Declaration referred to in the Paragraph 1 of this Article is submitted in the form given in the 
Annex 2, making the integral part of this Regulation.  
Acceptance of the application 
 
Article 7 
 
(1) Customs Administration, within 30 working days following the lodging of the application, is 
bringing the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. 
 
(2) When the circumstances order for urgent undertaking of actions and when the application 
contains sufficient data related to the shipments, suspicious of containing goods infringing the 
intellectual property rights, the customs administration is adopting the decision referred in the 
Paragraph 1 of this Article without delay, three working days following the day of lodging of application at the latest.  
(3) Customs Administration with the decision to approve the application also sets the deadline 
for undertaking actions by customs authority, which cannot last longer than one year.   
(4) Deadline referred in the Paragraph 3 of this Article can be extended for one year, following 
the written request of the applicant, if it has been  lodged prior the expiry of existing deadline, and 
under condition that the expenses, charged to the right holder in accordance with the provisions of 
this Regulation, have been settled. 
 (5) Decision, referred to in the Paragraph 1 of this Article is submitted without delay to the 
customs authorities in charge of customs approved procedure or use of goods.  
 
(6) The right holder is obligated, without delay, to  notify the customs administration on changes 
occurred after the registration of rights and of te rmination of its rights regardless of reason for 
termination. 
  
III CONDITIONS UNDER WHICH THE CUSTOM S AUTHORITY IS UNDERTAKING ACTIONS 
FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHT 
 
Procedure following the application 
 
Article 8 
 
(1) If the customs authority, to whom the custom s administration has submitted the decision 
referred in the Article 7, Paragraph 1 and 2 of this Regulation, consulting the right holder if needed, is suspecting that the goods, matching the description of goods in this decision, is infringing the 
intellectual property rights, it shall suspend the rele ase of the goods, i.e. it shall temporarily detain 
the goods.  IP/N/1/MNE/O/6 
 
- 6 - 
 
  (2) Customs authority shall inform the Customs administration without delay on termination of 
customs allowed procedure or use of goods and its temporary detention. 
 
(3) The customs administration informs the right holder, while the customs authority informs the 
declarant or holder of the goods on temporary detention of goods with notification of real or 
estimated quantity of goods and real or assumed type of goods which was detained. 
 (4) Customs authority, in order to determine the infr ingement of the intellectual property right, 
while respecting the regulation on data protection, shall inform the right holder, on his request, on 
the name and address of the consignee, consignor, declarant or holder of the gods, as well as origin of goods which is suspected of infringing the intellectual property rights.  
(5) Customs authority shall allow the inspection of temporary detained goods to the right holder 
and persons involved in some of customs allowed procedure or use of goods, referred to in the 
Article 1 of this Regulation. 
 
(6) Customs authority can, during the inspection of goods, in order to facilitate the procedure, 
collect the samples of goods and hand it over to right holder, on his request, only for the purpose 
of analysis of samples of the goods.  
 (7) Under conditions stipulated in Article 9, Paragraph 1 item 2 of this Regulation, the samples 
must be returned after the analysis is completed,  before placing the temporary withheld goods into 
the customs allowed procedure or use. 
 (8) The right holder has the responsibility and covers the expenses of analyses referred in the 
Paragraph 6 of this Article. 
 
 
Destruction of goods under customs control 
 
Article 9 
 
(1) If in some of the cases referred to in the Article 1, Paragraph 1 of this Regulation, customs 
authority temporarily detains the goods under suspicion of infringing the intellectual property rights, in order to simplify procedure, it can, following the request of the right holder, destroy the 
goods under customs control, without determining if the intellectual property right was infringed, 
provided that:  
1)  the right holder, within 10 working days or in case of perishable goods, within three 
working days from the receipt of the notification, referred to in the Article 8, Paragraph 3 of this Regulation, in written form, notify the customs authority that the temporarily detained goods is infringing the intellectual property rights, with submission of written 
consent of the declarant, holder or owner of the goods for destruction of goods.  
 2) The destruction of the goods is carried out in a manner that the responsibility and 
expenses of destruction lay with the right holder, if the law doesn't stipulate otherwise.  
 (2)  If the declarant, holder or owner of the go ods fails to submit the appeal on decision to 
destroy the goods within the deadline stipulated in Paragraph 1, Item 1 of this Article, and there is 
en evidence of duly receipt of notification, it shall be considered that the approval has been 
granted. When the circumstances require so, the deadline of 10 working days can be extended for 
additional 10 working days by the customs authority. 
 
(3)  Prior the destruction of goods the customs authority is collecting samples which may serve as evidence in case of initiation of court procedure. 
 
(4)  If the declarant, holder or owner of the g oods oppose to destruction of goods, the customs 
authority shall act in accordance with the Article 12 of this Regulation. 
 
 IP/N/1/MNE/O/6 
 
- 7 - 
 
  Utilization of information 
 
Article 10 
 (1) The right-holder shall use information referred to in the Article 8, Paragraph 4 of this 
Regulation only for purposes of exercising righ ts referred to in the Article 9, Paragraph 1 and 
Article 11 Paragraph 1 of this Regulation.  
(2) If the right holder is not using information re ferred in the Article 8, Paragraph 4 of this 
Regulation in accordance with the law, the customs authority shall revoke decision, referred to in the Article 7, Paragraph 1 of this Regulation.   
 
Deadlines 
 
Article 11 
 (1) The right-holder is obligated, within 10 working days following the receipt of notification 
referred in the Article 8, Paragraph 3 of this Regulation, to notify the customs authority on 
initiation of procedure at competent court due to  infringement of intellectual property right. 
 (2) Customs authority, following the justified request of the right-holder, can extend the 
deadline stipulated in the Paragraph 1 of this Article for additional 10 working days. 
 (3) In case of perishable goods, suspected of infr inging the intellectual property rights, deadline 
referred to in the Paragraph 1 of this Article shall be three working days and it cannot be extended. 
  
Notification 
 
Article 12 
 
(1) If the customs authority, within  the deadline stipulated in the Article 11 of this Regulation, 
was not notified that the procedure at competent court has been initiated or has not received the request for destruction of goods, referred to in the Article 9 Paragraph 1 of this Regulation, the 
customs authority shall proceed with the customs allowed procedure or use of goods. 
 (2) If the customs authority is notified within the deadline stipulated in Article 11 of this 
Regulation, that the procedure at competent court has been initiated or that the court has decided 
on temporary action base on which the releasing goods is suspended, the customs authority shall delay the release of goods.  
Security 
 
Article 13 
 
(1) If the goods are temporarily detained under suspicion of infringement of right of industrial 
design, trademark, supplementary protection certificate or plant variety protection right, the 
declarant, owner, importer, holder or consignee of the goods, can, on provision of security, submit 
the request for the release of goods, i.e. the request for termination of detention of goods, 
provided that:  
1)  The customs authority has been timely in formed on initiation of the procedure at 
competent court, in accordance with the Articles 11 and 12 of this Regulation, 
 
2)  Before the expiry of dead line stipulated in the Article 11 and 12 of this Regulation, the 
competent court has not appointed temporary action, and 
 
3)  Conditions for placing of goods into customs allowed procedure or use of goods have been 
met. 
 IP/N/1/MNE/O/6 
 
- 8 - 
 
  (2) Security referred to in the Paragraph 1 of th is Article must be provided in the amount 
sufficient for protection of intellectual property rights and it shall not exclude use of other legal 
remedies available to the right holder. 
 (3) The applicant referred in the Paragraph 1 of this Article, is obligated to cover the expenses 
occurred in reference to the storing and keeping of goods prior the collection of goods. 
  
Ex officio procedure 
Article 14 
 
(1) When the customs authority in some of cases re ferred in the Article 1, Paragraph 1 of this 
Regulation, prior the submission of application referred in the Article 4 of this Regulation, suspects that the goods are infringing the intellectual property rights, it can terminate customs allowed 
procedure or use of goods, i.e. temporarily detain  the goods, of which it shall inform the customs 
administration.    
(2) Customs Administration shall without delay inform in written form the right holder of 
temporary detention of goods, possible infringement  of intellectual property rights as well as 
possibility of submission of request referred in the Article 4 of this Regulation, within three working 
days from the receipt of that notification.  
 
(3) The customs authority shall inform the applicant or holder of the goods, if they are known, 
on termination of customs allowed procedure or use of goods, i.e. its temporary detention.  
 
(4) Customs authority can, in accordance with the regulations and without disclosing 
information, apart from data on real or assumed quantity and type of goods, prior notifying the 
holder of goods on possible infringement of its righ t, to request from the holder of right to provide 
it with the information necessary for confirming suspicion of infringement of intellectual property right.  
 
(5) If the right holder, within the deadline stipulated in the Paragraph 2 of this Article does not 
submit the application for action for protection of  intellectual property right, the customs authority 
shall release the goods and continue to conduct requested customs allowed procedure or use of 
goods, in accordance with the customs regulations.  
 
(6) If the right holder submits the application for ac tion for protection of intellectual property 
right, within the deadline stipulated in the Paragr aph 2 of this Article, the Customs Administration 
shall without delay adopt a decision on accepting th e application in accordance with the Article 7 of 
this Regulation.  
 
(7) Deadlines referred in the Articles 9 and 11 of this Regulation are counted from the next day 
of the receipt of application referred in the Article 4 of this Regulation.  
 
 
IV PROCEDURE WITH GOODS FOUND TO IN FRINGE INTELLECTUAL PROPERTY RIGHTS 
 
Procedure with goods 
 
Article 15 
 Goods which, in accordance with this Regulation, is found to infringe an intellectual property right shall not be: 
 
1) Entered into the customs territory of Montenegro, 
 
2) released for free circulation, 
 3) removed from the customs territory of Montenegro, 
 
4) exported from the customs territory of Montenegro, IP/N/1/MNE/O/6 
 
- 9 - 
 
   
5) re-exported from the customs territory of Montenegro, 
 
6) placed under the suspensive procedure, or 
 
7) placed in free zone or free warehouse. 
 
Notification on finalization of court procedure 
 
Article 16 
 The right holder is obligated, without delay, and within eight working days following the receipt of 
decision of the competent court at the latest, to notify the customs administration of finalization of 
court procedure at competent court.   
Procedure in case of dropping of charges 
 
Article 17 
 
(1) If the competent court drops the charges or rejects the petition, the Customs Administration, 
in accordance with the final decision of the court,  within eight working days following the receipt of 
decision of the court at the latest, notify the competent customs authority in written form, who 
continues with the customs allowed procedure or usage of goods. 
 (2) After the receipt of notification referred to in  the Paragraph 1 of this Article, the customs 
authority shall inform the declarant, holder or co nsignee of the goods that they can place the goods 
into customs allowed procedure or use, if other conditions prescribed for placing referred goods in customs allowed procedure or use have been met. 
 
Conditions for destruction of goods 
 
Article 18 
 
(1)  If the competent court adopts a decision that  the goods, infringing the intellectual property 
rights shall be destroyed or removed from regula r trade flows, the customs authority shall order 
the destruction of such goods under customs control or its removal from regular trade flows in 
some other manner (including giving away free of charge, in humanitarian purposes, recycling etc.), under condition that: 
 
1) Risks of future infringement of intellectual property rights are reduced to the highest 
extent possible; 
2) No harm is done to the right holder; 
3) Right holder is allowed to suggest the procedure of removal of goods. 
 (2)  Removal from regular trade flow, referred to in the Paragraph 1 of this Article, shall not 
mean mere removal of stamps wh ich were placed onto the counterfeit goods without authorisation.   
 
Collecting samples 
 
Article 19 
 If the decision of the competent court or custom s authority orders for destruction of goods under 
customs control, the customs authority, prior destru ction of goods, shall allow the right holder to 
keep the samples of such goods in the amount n eeded as evidence in procedure against persons 
involved in infringement of the intellectual property rights. 
 
Expenses 
 
Article 20 
 In accordance with this regulation, storage, keep ing or destruction of the goods, held under the 
customs control, shall not give rise to costs for the customs administrations. IP/N/1/MNE/O/6 
 
- 10 - 
 
   
V TRANSITIONAL AND FINAL PROVISIONS 
 
Initiated procedures 
 
Article 21 
 
(1) Decisions of the customs authority on actions for protection of intellectual property rights, 
adopted in accordance with the Regulation on pr ocedure of customs authority with the goods under 
suspicion of infringing the intellectual property  rights ("Official Gazette of the Republic of 
Montenegro", 25/05 and "Official Gazette of Monteneg ro", 16/08), shall be valid until the expiry of 
time period for which they were adopted.  
 
(2) Procedures for application of actions for protection of intellectual property rights, initiated 
prior the entering into force of this Regulati on, shall be completed in accordance with the 
Regulation on procedure of customs authority with the goods under suspicion of infringing the 
intellectual property rights ("Official Gazette of  the Republic of Montenegro", 25/05 and "Official 
Gazette of Montenegro" 16/08). 
 
Termination of validity 
 
Article 22 
 
On the day of entering into force of this Regu lation, the Regulation on procedure of customs 
authority with the goods under suspicion of infringing the intellectual property rights ("Official 
Gazette of the Republic of Montenegro", 25/05 and "Official Gazette of Montenegro", 16/08) shall 
cease to be valid.   
Entry into force 
 
Article 23 
 
This Regulation shall enter into force on the eight day following that of its publication in the Official 
Journal of Montenegro,  and it shall apply with effect from 1 January 2012. 
 
 
GOVERNMENT OF MONTENEGRO 
 
 
No: 03 - 6309  Podgorica, 23 June 2011 
 
 
 Prime Minister, 
    PhD Igor Lukši ć  
 IP/N/1/MNE/O/6 
 
- 11 - 
 
   
ANNEX 1  
 
 APPLICATION FOR ACTION FOR PROTECTION  OF INTELLECTUAL PROPERTY RIGHTS 
1. Date of receipt of application for action 
 
   
                                                       day /   month /   year 
 
 
2. Details of applicant (i.e. the right holder within the meaning of Article 2, Paragraph 3 and 4 of this 
Regulation): 
 
         Name    
 
         Function  
 
         Address  
 
         City  
 
         Postal code  
 
         Country  
 
         VAT No  
 
         Tel  
 
         Mob  
 
         Fax  
 
         E-mail  
 
         Internet address  
 
3. Status of applicant ( within the meaning of Ar ticle 2, Paragraph 3 and 4 of this Regulation ): 
 
 Right holder (*)                                        Right holder's representative (*) 
 
 Authorised user of the right (*)                   Representative of authorised user (*) IP/N/1/MNE/O/6 
 
- 12 - 
 
  4. Type of right to which application refers (1): 
 
 Trademark                           Industrial design         Copyright or related right                
 Patent                                 Designation of origin   Geographical indication 
 Supplementary protection certificate    Plant variety  Topography of semiconductors 
5. Name and address of contact person (for 
administrative matters): 
 
 
 
Tel  
Mob  
Fax  
E-mail  
Internet address  6. Name and address of contact person (for 
technical matters): 
 
 
 
Tel  
Mob  
Fax  
E-mail  
Internet address  
7. Attached data on original goods / goods under suspicion of infringing the intellectual property 
rights: 
 
 
 Number of documents attached (2)               Number of photos attached (2) 
 
8. Attached specific data on type or manner of infringement of rights: 
 
 
  Number of documents attached (2)             Number of photos attached (2) 
 
9. Attached document(s) attesting that the applicant holds the right of application for action   
 
  Number of documents attached (2) 
 
10. Declaration attached in accordance with the Article 6 of the Regulation (**)   
 Declaration attached  
 IP/N/1/MNE/O/6 
 
- 13 - 
 
   
(*) See the box 9 (for additional information refer to the Instructions for filling the form 
and submission of application for actions for protection of intellectual property rights) 
(**)for additional information refer to the Instructions for filling the form and 
submission of application for actions for protection of intellectual property rights  
(***)If the applicant is the right holder's representative, it must produce the proof that is is 
authorised to represent the right holder 
(¹) Tick the adequate box(es) 
(²) Enter the appropriate number; if there are no attachments enter 0.  
  11. Any other information in the right holder's possession: 
 
- Country or countries of production          Number of documents attached (
2)              
 
- Routes used by traffickers                      Number of documents attached (2)              
 
- Technical differences between the authentic goods and the goods  
        under suspicion of infringing the intellectual property right 
                                                                   Number of documents attached (2)              
 
 - CN tariff heading       
 
Other useful information                        Number of documents attached (2)                
 
12. Date of filling of application:                                                     
       
   
   day / month /year                           
                       Place             Signature and stamp of the applicant (***) 
                                      
                   
 IP/N/1/MNE/O/6 
 
- 14 - 
 
  INSTRUCTIONS FOR FILLING OF THE FORM AND SUBMISSION OF THE APPLICATION OF 
ACTION FOR PROTECTION OF AN INTELLECTUAL PROPERTY RIGHT   
 
 
 
I  DOCUMENTS ATTACHED TO THE APPLICATION  
 1) If the right-holder is submitting the application of action for protection of an intellectual property right (hereinafter: application) in person: 
 
- in case of registered right or the right for which the registration application is being submitted, the registration document or the submitted application must be provided, 
 
- in case of copyright or related rights or patent  right, which is not registered or for which the 
registration application has not been submitted, the copyright document or the genuine right 
holder is submitted. 
 2) If the application is lodged by a person referred to in the Article 2, Paragraph 3 item 2 of this Regulation, who is authorised to exercise any of right referred to in the Article 2, Paragraph 1, 
Item 1, 2 and 3 of this Regulation, apart from  documents referred to in the Item 1 of these 
Instructions, it is also necessary to lodge document proving that the person is entitled to exercise referred right. 
 
3) If the application is lodged by a representative of the right holder or authorised user of any of 
rights referred to in the Article 2, Paragraph 1, Item 1, 2 and 3 of this Regulation, apart from 
documents referred to in the Items 1 and 2 of these Instructions, it is also necessary to lodge 
authorisation for representation.  The natural or legal person filling the box 2 of the application must provide documents prescribed 
in the box 10 of the application. 
 II  CONTENTS OF THE APPLICATION 
 
The right holder lodges the application as a preventive measure if there is a suspicion of infringement of its right or intellectual property right or that they shall be infringed. The 
application contains all information that enables the customs authority to easily recognise the 
goods related to the application, specifically:  -  correct and detailed technical description of the goods, 
-  all information in possession of the right holder, related to the type or manner of infringement 
of the intellectual property right, -  name and address of the contact person designated by the right holder, 
-  declaration referred to in the Article 6 of this  Regulation and proof that the applicant is the 
right holder in reference to the referred goods.  
Right holders shall return the receipt of notification (proof) sent from the customs authority in 
accordance with the Articles 14 and 8 of this Re gulation. Prescribed deadlines (three working days 
or 10 working days) start from the date of receipt of notification of the right holder from the customs authority. 
 
For the purpose of this Regulation working day means every day except holidays, Saturday and 
Sunday. Day of receipt of notification is not count ed in the deadline, and the next day is counted 
as start of the deadline. 
The application can be submitted electronically, if the system of electronic data exchange has been 
established and approved. In all other cases, the form can be filled with typewriter or legible 
handwriting. Regardless of filling method, erasing marks, cross-out words or other alterations shall 
not be visible.    III  METHOD OF SUBMISSION OF THE APPLICATION 
 
The right holder lodges the application for action fo r protection of an intellectual property right to 
the Customs Administration, to its headquarters address (Oktobarske revolucije 128, Podgorica).  IP/N/1/MNE/O/6 
 
- 15 - 
 
  The application is lodged in two copes, one for cu stoms authority and one for the right holder. The 
Customs Administration, within 30 working days from the lodging of the application, shall provide 
the applicant with the decision in written form. If the application is rejected, the Customs 
Administration adopts a decision, with a justification, to which the right holder is entitled to appeal. Actions for protection of intellectual property right are approved for a period not exceeding 
one year following the adoption of the decision. Approved period can be extended for one year, 
following the written request of the right-holder, which was submitted prior the expiry of approved 
period, and if all previous expenses, charged to th e right holder in accordance with the provisions 
of this Regulation, have been settled. 
  IV EXPLANATION OF MAJOR BOXES FILLED BY THE APPLICANT 
 
Box 2 (Data on the applicant): in terms of Article 2, Paragraph 3 of this Regulation the applicant 
can be the right-holder in person, authorised user of the intellectual property right or 
representative of the right-holder or authorised user of the right. 
 Box 3 (Status of the applicant): tick adequate field. 
 
Box 4 (Type of right to which the application refers): tick adequate field.  Boxes 5 and 6 (Name and address of contact person for administrative and technical matters): the 
box 5 should be filed with data of contact person of the applicant in charge of the administrative 
matters, while the box 6 should be filled with data on the person in charge of liaison with customs authority in order to clarify technical specifics in terms of withheld goods. The contact person must 
be available at any time of day. 
Boxes 7 (Attached data on original goods), 8 (Attached specific data on type or manner of 
infringement of rights) and 11 (Any other information in the right holder's possession): provide 
specific and precise data which enables customs authority to correctly recognize authentic goods, 
as well as data that the right holder might have in possession on type and manner of infringement of rights (documents, photos, etc.).  
Data should be as precise as possible in order to allow customs authority to have simple and 
efficient recognition of suspicious shipment using the system of risk analysis.  
The referred boxes should be filled with data aimed at raising awareness of customs authority on 
goods and types of possible fraud. Additional da ta can be provided, such as: value of original 
goods, location of the goods or destination of the goods, data used for identification of goods or 
packaging, expected date of arrival or forwarding of  the goods, type of transport, data on importer 
or holder of the goods.   Box 10 (Declaration attached in accordance with the Article 6 of the Regulation): natural or legal 
person who fills the box 2 of the application for ac tion must, in all cases, be the person who will 
provide the documents referred to in the box 10 of the application.  
Box 12 (Date of filling of application): by signing in  this box, the right holder confirms to accept 
terms and conditions as well as its obligations stipulated in this Regulation.  IP/N/1/MNE/O/6 
 
- 16 - 
 
   
ANNEX 2 
 
 
DECLARATION IN ACCORDANCE WITH THE ARTICL E 6 OF THE REGULATION ON PROCEDURE OF 
CUSTOMS AUTHORITY WITH GOODS UNDER SUSP ICION OF INFRINGEMENT OF INTELLECTUAL 
PROPERTY RIGHTS  
 
  
 
 
I, the undersigned, _________________________________________, declarant 
                                              (name and surname)  
 
right-holder, within the meaning of Article 2, Pa ragraph 3 of Regulation on procedure of customs 
authority with goods under suspicion of infringement of intellectual property rights (hereinafter 
'the Regulation'), hereby undertake in accordance with Article 6 of the Regulation to assume 
liability towards the persons involved in customs allowed procedures, referred to in Article 1 of this Regulation, in the event that a procedure initiate d pursuant to present Regulation is discontinued 
owing to an act or omission on my part or in the event that the goods in question are subsequently 
found not to infringe an intellectual property right.
 
  
- 
I hereby undertake to pay all costs incurred under the Regulation by keeping goods under 
customs control pursuant to Article 8 of this Regulation, and where applicable Article 9 of this Regulation, including costs occasioned by the destruction of goods infringing an intellectual 
property right pursuant Article 18 of this Regulation.
 
  
-  
I confirm that I have taken note of Article 10 of this Regulation and undertake to notify the 
customs administration of any alteration to or loss of my intellectual property rights . 
 
                                         
                                         
                                                               Done at ______________________________  
 
                                                               Date:  _________  /_________  / _________  
                                                                Signature
: 
 
                                                     _____________________________________   
 
 
 
__________