IP/N/1/MNE/D/1  
 
9 April 2013  
(13-1795)  Page: 1/19  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
MONTENEGRO  
This document reproduces the text1 of the Law on Legal Protection of Industrial Design, 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 
 
 
PRINCIPALES 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 de la Loi sur la protection juridique des dessins et modèles 
industriels, notifiée 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  
 
PRINCIPALES 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 de la Ley relativa a la Protección Jurídica de los 
Dibujos y Modelos Industriales, notificado por Montenegro el 21 de febrero de 2013 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MNE/D/1 
 
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  Pursuant to Article 82 paragraph 1 item 2 and pa ragraph 1 of Article 91 of the Constitution of 
Montenegro, the Parliament of Montenegro in its 24th convocation at the seventh session of the 
second regular sitting in 2010, on 22 December 2010, hereby passes the 
LAW  
ON LEGAL PROTECTION OF INDUSTRIAL DESIGN 
 
("Official Gazette of Montenegro", No. 80/10) 
 
 I. BASIC PROVISIONS  
Subject Matter 
 
Article 1 
The present law shall govern the registration and legal protection of industrial design. 
 
Definition and Effect of the Design 
 
Article 2 
Industrial design shall be the appearance of the whole or a part of a product, resulting from its 
features, in particular the lines, contours, colors, shape, texture and/or material the product is 
composed of and its ornamentations (her einafter referred to  as: the Design). 
 The product referred to in paragraph 1 of the present Article shall mean any industrial or 
handicraft product, including parts intended to be assembled into a complex product, product 
packaging, get-up, graphic symbols and typograp hic typefaces, excluding computer programs.  
 
A complex product referred to in paragraph 2 of the present Article shall mean any product 
composed of replaceable multiple parts permitting product disassembly and reassembly.  Designs registered with the International Bureau of  the World Intellectual Property Organization in 
accordance with The Hague Agreement Concerning the International Registration of Industrial 
Designs (hereinafter referred to as: the Hague Agreement) shall also be effective in Montenegro.    
Equality of Foreign and National Persons 
 
Article 3 
 
Foreign legal and natural persons shall have rights with respect to design registration and legal protection in Montenegro equal to those of national legal and natural persons, if this results from ratified international agreements or from the reciprocity principle.  
 
Proof of the existence of reciprocity referred to in paragraph 1 of the present Article shall be provided by the person claiming reciprocity. 
 
In any proceedings before a competent authority, a foreign legal or natural person shall be represented by a legal or natural person (hereina fter referred to as: the Representative) entered 
into the Register of Representatives maintained by the competent authority in charge of 
intellectual property matters (hereinafter referre d to as: the Competent Authority) or a lawyer 
entered into the Montenegro Bar Association Register.   
 
II. DESIGN REGISTRATION REQUIREMENTS  
Requirements for Design Protection 
 
Article 4 
A design may be protected if it is new and has an individual character.  
 IP/N/1/MNE/D/1 
 
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  A design applied to or contained in a product which constitutes a component of a complex product 
shall be considered to be new and to possess individual character only if such component of the product, after being incorporated into the comple x product, remains visible during normal use of 
that product and if the visible features of the co mponent part of the product themselves meet the 
requirements concerning novelty and individual character.  
 Normal use referred to in paragraph 2 of the presen t Article shall mean the use by the end user of 
the product, excluding product maintenance, servicing or repair work.  
 
Design Novelty 
 
Article 5 
A design shall be considered new if no identical de sign has been made available to the public prior 
to the design registration application filing date (hereinafter referred to as: the Application) or if 
the priority right was claimed prior to the date of registered priority right.   
 A design shall be deemed to be identical if its features differ solely in immaterial details.  
 
Individual Character of the Design 
 
Article 6 
A design shall be considered to have individual ch aracter if the overall impression it produces on 
the informed user differs from the overall impression produced on such a user by any other design which has been made available to the public prior to the registration application filing date or if the 
priority right was claimed prior to the date of registered priority right.   
 In assessing individual character of the design, th e degree of freedom of the author of the design 
(hereinafter referred to as: the Designer) in creating the design shall be taken into consideration. 
 
Disclosure 
 
Article 7 
Within the meaning of Articles 5 and 6 of the pres ent Law, a design shall be deemed to have been 
made available to the public if it has been di sclosed by means of registration or otherwise, 
exhibited, used in trade or otherwise disclosed prio r to the date of filing the application for design 
registration or if the priority right was claimed prio r to the date of registered priority right, except 
where these events could not reasonably have become known in the usual course of business to 
the groups in Montenegro specialized in the given sector. 
 The design shall not be deemed to have been made  available to the public within the meaning of 
paragraph 1 of the present Article, if it has been disclosed to another person under conditions of 
confidentiality related to the industrial design. 
 The design shall not be deemed to have been made  available to the public, within the meaning of 
Articles 5 and 6 of the present Law, if a design has been disclosed by the designer, his/her legal 
successor, or a third person as a result of an information received from the designer or his/her legal successor, or as a result of an action taken by the designer or his/her legal successor,  
provided that the time period from the design discl osure date to the design registration application 
filing date or to the date priority right has been claimed, is less than 12 months, if the industrial design has  become available to the public as a result of abuse in respect of the author or his/her legal successor. 
 
Design Register an d Official Gazette 
 
Article 8 
Design Register (hereinafter referred to as: the Register) and application records shall be maintained by the competent authority. 
 
The Register referred to in paragraph 1 of the pres ent Article shall contain, in particular: the data 
about the author of the design, the design registra tion number, the design registration application 
filing date, the priority right claimed, the application disclosure date, design registration date, IP/N/1/MNE/D/1 
 
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  amendments, Register entry date, international registration data, design protection renewal data 
and the registered design lapse date.  Application records referred to in paragraph 1 of the present Article shall, in particular contain 
information referred to in Article 25 paragraph 1 of the present Law.  
 At the request of the interested party and upon pa yment of the prescribed administrative fees and 
duties, the competent authority shall issue an extr act from the Register and the industrial design 
validity certificate.   The data from the Register shall be published in the Official Gazette of the competent authority. 
 
The competent authority of the state administrati on in charge of intellectual property issues 
(hereinafter referred to as: the Ministry) shall prescribe in more detail the content and procedure 
for maintenance of the Register and the application records referred to in paragraph 1 of the 
present Article.   
Relation to Other Laws 
 
Article 9 
Unless otherwise prescribed by the present Law,  the provisions of the law governing general 
administrative procedure shall be applicable to the design registration and protection procedure.  
 An appeal against the decisions rendered by the competent authority may be filed with the 
Ministry. 
 In the procedure before the competent authority, th e prescribed administrative fees and duties in 
keeping with the law governing administrative fees and duties, special procedural costs and 
information provision services fees, shall be charged.  The amount of special procedural costs and fees for information service provision shall be 
determined by the Government of Montenegro (hereinafter referred to as: the Government).  
 
Protection Excluded Due to Technical Function 
 
Article 10 
Industrial design right shall not subsist with respect to appearance of a product that is solely 
dictated by its technical function. 
 Industrial design right shall not subsist with respect to appearance of a product that must necessarily be reproduced in its exact form and dimensions in order to permit the product to be 
mechanically connected to or placed in, around or  against another product, so that either product 
may perform its function.  
Notwithstanding paragraph 2, the industrial design  rights may, under the conditions set out in 
Articles 5 and 6 of the present Law, subsist with respect to a design enabling multiple assembly or connection of mutually interchangeable products within a modular system. 
 
Industrial Design Protection Exclusion 
 
Article 11 
The following designs may not be registered and protected: 
 1) Those which are contrary to public interest or accepted moral norms; 
 
2) Designs not meeting the criteria referred to in Articles 2, 4, 5, 6 and 7 of the present Law;   
3) If the applicant or design holder is not author ized to acquire the design pursuant to the present 
Law;  4) If the design is identical to an earlier design disclosed to the public following the application 
filing date or if the priority right has been clai med, following the date of the registered priority IP/N/1/MNE/D/1 
 
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  right and which has been registered in Montenegro earlier or for which registration has been filed 
earlier;  5) If in the process of creating a design a sign for distinguishing goods or services has been used, 
while the owner of the earlier right wa s entitled to prohibit such usage; 
 6) Designs containing signs, symbols, badges or coat of arms and the like referred to in Article 6
bis 
of the Paris Convention on the Protection of Indu strial Property (hereinafter referred to as: the 
Paris Convention) and those containing state coat of arms, a flag or a symbol, name or abbreviated name of a country or an international organization, religious or national symbols as well as imitations thereof.  
 
Rights of Designers 
 
Article 12 
The right to the industrial design protection shall be vested in the designer, or his legal successor. 
 
A person providing only technical assistance in the process of creating a design shall not be 
considered a designer.  If two or more persons jointly created a design, all designers shall be entitled to industrial design 
protection rights. 
 If the design has been developed by a person while performing his/her regular work related 
activities or when acting on order and instructions  of their employer, the employer shall be entitled 
to file an application unless otherwise stipulated in the contract.   
Designer Indication  
 
Article 13 
Designer shall be entitled to be cited in all do cuments in the process of registration and in the 
Register as the designer, in much the same way as does the applicant or holder of the design.  
 If more than one designer or a team of designers jointly created a design, all designers individually 
or the team of designers shall be entitled to th e rights referred to in paragraph 1 of the present 
Article.  
 
III. SCOPE AND LIMITATIONS OF INDUSTRIAL DESIGN RIGHTS 
 
Scope of the Industrial Design Rights 
 
Article 14 
The scope of the registered industrial design pr otection shall include appearance of the product 
and/or the impression it produces on the info rmed user which differs from the impression 
produced on such a user by any other design.  
When determining the scope of industrial design ri ghts in any dispute that might arise, the court 
shall take into account freedom of the author in creating the industrial design, within the meaning of the Article 6 paragraph 2 of the present Law.  
Exclusive Rights 
 
Article 15 
The holder of the industrial design rights sha ll have the exclusive right to use the registered 
industrial design and to prevent any third pa rty not having his consent from using it.  
 
The use referred to in paragraph 1 of the present Article shall include: making, offering, putting on 
the market, importing, exporting or using the prod uct containing the design or a product to which 
the design has been applied or stocking such a product for those purposes.   IP/N/1/MNE/D/1 
 
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  Should the disclosure of the registered design be  deferred pursuant to Article 35 of the present 
Law, the design holder shall be entitled to prevent other persons from taking actions referred to in paragraph 2 of the present Article, if such acti ons are aimed at copying the registered design.  
 
Limitation of Exclusive Rights 
 
Article 16 
The holder of industrial design rights may not pr event other person from performing the following 
activities:  1) Activities performed for private, non-commercial and experimental purposes; 
 
2) Reproduction for the purpose of making citations or teaching, provided such activities are compatible with the fair business practices and provided they do not unduly jeopardize the normal 
exploitation of the industrial design, as well as provided that the source from which the industrial 
design has been obtained has been specified.  
Exclusive rights to a design shall not pertain to: 
 1) ship and aircraft equipment produced by virtue  of the protected industrial design and serving 
exclusively for the functioning of ships or aircrafts registered in another country, when they are 
temporarily on the territory of Montenegro; 
 2) Import of spare parts and accessories to Montenegro, for ships and aircraft repair purposes.  
 
Earlier Use of the Design 
 
Article 17 
A person who has been able to prove that prior to the application filing date or prior to the priority right registration date, if claimed on the territo ry of Montenegro, he/she has already commenced 
in good faith with the use of the protected industrial design in manufacturing, or has made all the 
necessary preparations to commence with the use of the design included in the scope of 
protection, provided that such design is not the re sult of copying of a protected industrial design, 
shall have right of prior use.  
 
Pursuant to the right of prior use, another person sh all be entitled to use the industrial design only 
for purposes it was initially used for in the manufacturing or for the purpose of necessary 
preparations for the commencement of use of design prior to the application filing date or prior to 
the priority right registration date, if the priority right has been claimed.    The person entitled to the right of prior use of the design shall not be entitled to transfer the right 
of industrial design use by virtue of a license agreement. 
 The right of prior use shall not be transferable, unless such right is transferred together with a 
company, part of the company, company operationa l unit (workshop) or branch of the company in 
which the use of such industrial design has been prepared or commenced, in keeping with 
paragraph 1 of the present Article.  
 
Exhaustion of Rights 
 
Article 18 
If the holder of industrial design rights in Mont enegro puts in the market a product comprising a 
protected industrial design and/or a product designed in accordance with a protected industrial design, or if the holder of the industrial design right authorizes another person in Montenegro to 
put such product in the market, the holder of industrial design rights shall not be entitled to 
prevent third parties from further disposing of that product which has been purchased in the course of legal trade.  
 
The exhaustion of rights referred to in paragraph 1 of the present Article shall not apply in the event there exists a legitimate interest on the part  of the holder of the industrial design right to 
oppose further trading in the product comprising the protected industrial design, or the product 
which has been designed in accordance with the protected industrial design, in particular if a IP/N/1/MNE/D/1 
 
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  defect has meanwhile occurred in the product or other changes appeared in the features of the 
product.  The exhaustion of rights referred to in paragraph 1 of the present Article may be extended beyond 
Montenegro in keeping with ratified international treaties.  
 
Relation to Other Forms of Protection 
 
Article 19 
Provisions of the present Law shall not affect any existing rights with respect to trademarks or other distinction signs, unregistered designs, ty pographies, patents and provisions governing civil 
law protection or competition protection.  
 
Copyright and Legal Protection of Designs 
 
Article 20 
Registered design may also enjoy protection pursua nt to the legislation governing the copyright as 
of the date of its creation, or as of the date of fixation in a certain form. 
  IV. PROPERTY RIGHTS PERTAINING TO INDUSTRIAL DESIGN 
 
License 
 
Article 21 
The holder of the industrial design rights may gran t rights to registered industrial design on the 
basis of a license agreement. 
 
At the request of the industrial design rights ho lder or the licensee, the license agreement referred 
to in paragraph 1 of the present Article, shall be entered into the Register.    
The entry into the License Agreement Register, refe rred to in paragraph 1 of the present Article, 
shall be done by a special decision.  
The data contained in the decision on the entr y into the License Agreement Register shall be 
published in the Official Gazette.   
The regulations issued by the Ministry shall pre scribe in more detail the content of the request 
referred to in paragraph 2 of the present Article and the documentation submitted together with the request.    
Assignment 
 
Article 22 
The holder of the industrial design rights may assign to another person the right to the industrial 
design by virtue of an agreement, either entirely or in part.   
The assignment of the industrial design right shal l be entered into the Register upon request of 
one of the contracting parties.  The entry of the assignment of the industrial desi gn rights into the Register shall produce legal 
effect in relation to third parties. 
 The data contained in the decision on the entry of  the assignment of the industrial design rights 
into the Register shall be published in the Official Gazette.  
 The regulations of the Ministry shall prescribe in more detail the content of the request referred to 
in paragraph 2 of the present Article and the docu mentation submitted together with the request.  
 IP/N/1/MNE/D/1 
 
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  Pledge, Enforced Execution and Bankruptcy 
 
Article 23 
A registered industrial design may be a subjec t of a pledge based on a pledge agreement and 
subject to enforced execution. 
 The pledge right shall be entered into the Register  at the request of a pledger or the pledgee.  
 
The court in charge of enforced execution ex officio , shall be obliged to notify the competent 
authority on the launching of the design enforc ed execution procedure for the purpose of entry 
into the Register. 
 
Pledge and enforced execution shall be published in the Official Gazette.  
Pledge and enforced execution shall produce legal effect in relation to third parties following the 
entry into the Register.   
Where the registered design is subject of bankrupt cy, the information on initiating the bankruptcy 
proceeding shall be entered into the Register and pu blished in the Official Gazette at the request of 
the competent court.   
Regulations governing pledge shall be applicable  to pledge or enforced execution procedures. 
 The regulations issued by the Ministry shall pre scribe in more detail the content of the request 
referred to in paragraph 2 of the present Article and the documentation submitted together with 
the request.   
 
V. INDUSTRIAL DESIGN REGISTRATION PROCEDURE  
Initiation of the Industrial Design Registration Procedure 
 
Article 24 
The industrial design registration procedure shall be initiated by filing an application to the 
competent authority. 
 Changes to the application may be effected at the request of the applicant or ex officio  only where 
a correction to the applicant’s name or address must be made, the correction to the text or a 
certified copy must be effected, provided that these changes have no effect on the extension of the scope of the protection.   
The applicant may withdraw from the registration pr ocedure at any point in time, either entirely or 
partially, and the competent authority shall render an official decision thereof.  
The industrial design registration application and documentation shall not be available to the public 
without the applicant’s consent prior to the industrial design disclosure date.  
Application Content 
 
Article 25 
The application shall include: 
 
1) Industrial design registration request;  
2) Information about the applicant; 
 3) The industrial design depiction (appearance) suitable for reproduction; 
 
4) Indication of the product containing the desi gn or to which the design will be applied; 
 IP/N/1/MNE/D/1 
 
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  5) Information on the authorized representative if the applicant has a representative; 
 6) Information on the joint authorized representative in case of joint applications.   
If the subject of the application is a two-dimensional design and should the application include a 
request to defer the design publication pursuant to  Article 35 of the present Law, the depiction of 
the design referred to in paragraph 1 item 3 of the present Article, may be substituted with a 
sample. 
 In addition to data referred to in paragraph 1 of the present Article the application may contain the following:  
 
1) Product appearance description or sample;  
2) Request to defer the registered industrial desi gn publication in keeping with Article 35 of the 
present Law;  
3) Product classification according to the Intern ational Classification prescribed by the Locarno 
Agreement on Establishing International Classificati on of Industrial Designs (hereinafter referred to 
as: the International Classification);  
4) Information about the designer or a team of designers or statement made by the designer or 
team of designers that he/she or they do not wish to be listed in the application;  
5) Information on the priority right referred to in Articles 29 and 30 of the present Law. 
 The application containing elements referred to in paragraph 1 items 1, 2 and 3 of the present 
Article shall bear the application filing date and shall be entered into application records. 
 Should the application not contain elements referred  to in paragraph 4 of the present Article, the 
competent authority shall notify the applicant thereof instructing him/her to remedy the detected 
deficiencies within the time period of si xty days from receiving the notification. 
 Should the applicant fail to remedy the detected de ficiencies within the time period referred to in 
paragraph 5 of the present Article, the competent authority shall render a decision acknowledging 
the date when the deficiencies have been remedied as the application filing date.   
Should the applicant fail to rectify the application within the time period referred to in paragraph 5 
of the present Article, the application shall be considered withdrawn, and the competent authority 
shall render a conclusion to that effect.   
The time limit referred to in paragraph 5 of the present Article may be extended at the request of 
the applicant for a period not to exceed sixty days.  
Where a multiple application has been filed, the competent authority shall examine whether the 
application meets the conditions referred to in paragraph 4 of the present Article and Articles 26 and 27 of the present Law.  
 
Proof of payment of administrative fees and du ties shall be submitted with the application. 
The Ministry shall prescribe in more detail the content of the request and application. 
 
Multiple Applications 
 
Article 26 
Should the application contain a request for the registration of multiple designs (hereinafter 
referred to as: Multiple Application), all the product which should contain the design or to which the design should be applied must be classified into the same product class in keeping with the 
International Classification. 
 The multiple application shall contain the overall number of designs for which registration is sought. 
 IP/N/1/MNE/D/1 
 
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  Following the registration, all designs contained in a multiple application may be processed 
separately.  A separated design may be the subject of exerci sing of rights, subject of license agreement, 
subject of pledge and enforced execution, bankrupt cy, refusal, extension of protection, transfer of 
rights, deferment of publication or nullification.  
Division of Multiple Applications 
 
Article 27 
The applicant filing an application containing the request for registration of multiple designs may 
file a request seeking division of a multiple application into several individual or multiple separated 
applications.  
Each of the separated applications referred to in paragraph 1 of the present Article shall be issued 
a new application number and registered in the applications records, but shall retain the date of the filing of the original multiple application and the right of priority thereof. 
 
A decision shall be rendered with respect to the division of the application, which shall indicate the number(s) of new applications, industrial designs remaining in the original multiple application, as well as the industrial designs which are to remain in the separated application(s). 
 
The Ministry shall prescribe particulars of the re quest referred to in paragraph 1 of the present 
Article and documentation submitted with the request. 
 
Priority Right 
 
Article 28 
As of the filing date of an orderly and complete application the applicant shall enjoy a priority right 
over all other persons who have subsequently filed an application for the identical or similar industrial design. 
 
Following the payment of the required administra tive fees and duties, the competent authority 
shall issue a priority right certificate at the request of the applicant or the industrial design holder.  
 
Union Priority Right 
 
Article 29 
An applicant having filed orderly and complete application effective in any member state of the Paris Union for the Protection of Industrial Property (hereinafter referred to as: the Paris Union) or the World Trade Organization member state, shall be  entitled to claim the initial application filing 
date when filing an application in Montenegro for the same industrial design, provided that the 
application in Montenegro has been filed within six months of the initial application filing date 
(hereinafter referred to as: the Union Priority Right). 
 
The application of an applicant claiming the Union Priority Right referred to in paragraph 1 of the 
present Article shall contain information on the date of filing, application filing number and the 
state in which such application has initially been filed.  
 The applicant shall prove the Union Priority Right by filing the priority right certificate issued by a competent authority of the Paris Union member st ate or World Trade Organization member state, 
which has been translated into the Montenegrin language.  
 
Exhibition Priority Right 
 
Article 30 
The applicant who has exhibited a product, contai ning the industrial design or to which that 
particular industrial design has been applied, at an official or officially recognized international 
exhibition in any member state of the Paris Union or in any member state of the World Trade Organization, may request that the date when the product has been exhibited for the first time be acknowledged as the first filing date of the applicat ion, provided that the application in Montenegro 
has been filed within six months from that date. IP/N/1/MNE/D/1 
 
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Within the meaning of paragraph 1 of the present Article, an international exhibition shall mean 
any exhibition pursuant to the Convention on International Exhibitions.   
The applicant claiming exhibition priority right shall attach to the application the certificate issued 
by the competent authority of a member state of the Paris Union or member state of the World Trade Organization which has been translated in to the Montenegrin language that the fair or 
exhibition was international in its character, indica ting data on the type of exhibition, venue, date 
of opening and closing of the exhi bition and the date of the first exhibiting the product stated in 
the application.  
Order of Application Examination 
 
Article 31 
The applications shall be examined in the or der determined by the date of their filing. 
 Notwithstanding the provision of paragraph 1 of the present Article, the application may be 
examined in an expedited procedure: 
 1) In case of the procedure initiated before a court or an inspection authority, or customs related procedure at the request by the court or the competent authority; 
 
2) If the application for international registration of an industrial design has been filed.  
Application Examination 
 
Article 32 
Following the entry of the application into the Application records, the competent authority shall 
examine whether the application meets the requirem ents referred to in Article 25 of the present 
Law.  
Where the application has been found not to meet the requirements referred to in paragraph 1 of 
the present Article, the competent authority shal l notify and request the applicant to provide 
observations on the detected deficiencies within a time period of sixty days from the day the 
notification has been received.  
 Upon the request of the applicant, the competent authority may extend the time limit referred to 
in paragraph 2 of the present Article for a period not exceeding thirty days. 
 Should the applicant fail to provide observations within the time period referred to in paragraph 2 of the present Article, the application shall be  deemed as having been withdrawn, and the 
competent authority shall render a decision to stay the proceedings.   
 
Design Registration 
 
Article 33 
Where the application was found to meet the registra tion requirements referred to in Article 32 of 
the present Law, the competent authority shall call on the applicant to pay administrative fees and 
duties for the industrial design registration, the costs of industrial design publication and the fee 
for maintenance or industrial design protection for the first five years of registration, within a time period of thirty days from the day the notification has been received. 
 
Should the applicant fail to submit proof of the payments within the time period referred to in paragraph 1 of the present Article the application shall be considered as having been withdrawn. 
 
Entry of an Industrial Design into  the Industrial Design Register 
 
Article 34 
The issuance of the decision on the registration of  the industrial design, entitles the applicant to 
the industrial design.   IP/N/1/MNE/D/1 
 
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  The date of issuing the decision on the registration  of the industrial design shall be considered as 
the date of entry into the Register.   Data from the decision referred to in paragraph 1 of the present Article shall be published in the 
Official Gazette.    
 The regulations issued by Ministry shall prescribe the particulars referred to in paragraph 3 of the 
present Article which are published by the Official Gazette. 
 
Deferred Publication of the Registered Design 
 
Article 35 
The applicant may submit a request accompanying th e application, to defer the publication of the 
registered industrial design for a period of thirty months from the application filing date or from 
the acknowledged priority right, if th e priority right has been claimed.  
 If the deferment of the industrial right registration publication  has been sought, the information 
that the given industrial design has been register ed, information on the industrial design holder, 
application filing date and a note stating that the deferment of publication of the registered 
industrial design has been sought, shall be published in the Official Gazette.   
The industrial design holder shall be entitled to request the publication of the design prior to the 
deadline expiry referred to in paragraph 1 of th e present Article following the payment of the 
prescribed administrative fees and duties. 
 
In case of multiple applications the industrial design publication deferment may be sought only for certain designs listed in the application. 
 
Entry of Changes into the Register 
 
Article 36 
At the request of a holder of industrial design  rights the competent authority shall render a 
decision entering changes which occurred following the industrial design registration in the appropriate Register of the competent authority, in particular changes in the name or address of 
the holder of the industrial design right and assignment of rights. 
 Changes referred to in paragraph 1 of the present Article shall not alter the appearance and scope 
of the industrial design protection.  
 Changes entered into the Register shall be published in the Official Gazette.  
The regulations issued by the Ministry shall pre scribe in more detail the content of the request 
referred to in paragraph 1 of the present Article and the documentation submitted together with the request. 
 
Continuation of the Procedure 
 
Article 37 
The applicant or another person who has failed to perform an action within a specified period of time may file a request with the competent authority for the continuation of the procedure.   
The procedure continuation request may be filed within a time period of sixty days from the expiry 
of the deadline within which the action should have been undertaken.   
The competent authority shall allow the continuation of the procedure, provided that the loss of 
right has not come into effect, provided that the applicant effects payment of prescribed administrative fees and duties for the continua tion of the procedure and provided that the 
applicant undertakes the action within the time period referred to in paragraph 2 of the present 
Article.   The continuation of the procedure may not be requested for failing to observe the filing deadlines 
for the following: restitutio in integrum  request referred to in Article 38 of the present Law, IP/N/1/MNE/D/1 
 
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  industrial design renewal application referred to in Article 39 of the present Law, priority right 
acknowledgement application referred to in Articl es 29 and 30 of the present Law and the request 
referred to paragraph 2 of the present Article.  
Should the competent authority approve the reques t for the continuation of the procedure referred 
to in paragraph 1 of the present Article, it shall be considered that the consequences of failing to observe the filing deadlines have not come into effect and shall nullify official decisions it had 
rendered in respect of failure to observe the filing deadlines.  
 
Restitutio in integrum 
 
Article 38 
The applicant or industrial design rights holder who was, due to justified reasons, unable to perform a certain action in the procedure before a competent authority, may request restitutio in 
integrum  if the omission resulted in the loss of rights. 
 The request for restitutio in integrum  referred to in paragraph 1 of the present Article shall be 
submitted in writing within a time period of si xty days from the day reasons for omissions have 
ceased to exist.  The request for restitutio in integrum  referred to in paragraphs 1 and 2 of the present Article may 
not be submitted following the expiry of a time peri od of one year from the day of omission having 
taken place.   
The applicant filing the request for restitutio in integrum  shall be obliged to provide reasons due to 
which he/she has been prevented from performing the given activities.   
Proof of payment of the prescribed administrative  fees and duties shall accompany the request for 
restitutio in integrum .  
 The request for restitutio in integrum  may not be filed following the expiry of the time period 
referred to in paragraph 2 of the present Article and Articles 29, 30 and 37 of the present Law. 
  
VI. DURATION, RENEWAL AND CESSATION OF THE INDUSTRIAL DESIGN RIGHTS 
 
Duration of Protection of a Registered Industrial Design 
 
Article 39 
The protection of industrial desi gn rights shall last for five years commencing from the application 
filing date and shall be subject to renewal periods of five years, not to exceed twenty five years. 
 
The industrial design rights holder seeking the indu strial design protection renewal shall be obliged 
to submit the request for the industrial design  protection renewal accompanied by proof of 
payment of required administrative fees and duties  prior to the expiry of the previous period of 
protection during the last six months ending on the last day of the month in which the cessation of protection occurs.  
 
The design rights validity renewal may be submi tted following the expiry of the time period 
referred to in paragraph 2 of the present Article, provided that the double amount of the required 
administrative fees and duties is paid.  
 
The new industrial design protection period sha ll commence on the day of expiry of the previous 
five year period.  
 
The industrial design protection renewal shall be entered into the Register and shall be published 
in the Official Gazette.  
 
The regulations issued by the Ministry shall pre scribe in more detail the content of the request 
referred to in paragraph 2 of the present Article and the documentation submitted together with the request. 
 IP/N/1/MNE/D/1 
 
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  Cessation of Protection 
 
Article 40 
The industrial design right shall cease: 
 
1) With the expiry of the protection time period referred to in paragraph 39 of the present Law;  
2) If the right holder abandons the right in writing, on the day of filing the statement of 
abandonment;  3) Based on a court decision, or a decision of a competent authority, on the day indicated in such 
decision; 
 4) If the legal person has been dissolved, or if the natural person who is the holder of right has 
died, on the day of dissolution of the legal person or death of natural person, unless the design 
right has been transferred to legal successors of such persons.  
If the right in favor of a third pe rson has been entered in the Industrial Design Register (license, 
pledge or similar right), the industrial design rights holder may not renounce the right without written consent of the person whose name has been entered in the Register.  
Should the holder of the industrial design right fail to pay the administrative fees and duties 
charged for the maintenance of the validity of the re gistered industrial design within the prescribed 
time period, and the license, lien, or any other right in favor of a third person has been entered in 
the Industrial Design Register, the competent authority shall notify such person that administrative 
fees and duties have not been paid and that he/she may make due payment within six months following the beginning of the year for which ad ministrative fees and duties are due and thus 
maintain validity of the entered right. 
  VII. INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS 
 
International Registration Procedure 
 
Article 41 
The international industrial design registration shall be done in accordance with the Hague Agreement. 
 
The application for international industrial design registration shall be filed directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as: the International Bureau). 
 
The prescribed international industrial design regi stration fees shall be payable directly to the 
International Bureau. 
 
The provisions of the present Law,  excluding Article 34 thereof, shall be applicable to the requests 
seeking expansion of effectiveness of the internatio nal registration to the territory of Montenegro, 
pursuant to Article 8 of the Hague Act of the Ha gue Agreement and Article 12 of the Geneva Act of 
the Hague Agreement.   
VIII. UNREGISTERED INDUSTRIAL DESIGN 
 
Novelty and Duration of Protec tion of Unregistered Designs 
 
Article 42 
An industrial design which has not been registered with the competent authority (hereinafter 
referred to as: the Unregistered Design) shall be considered new if an identical industrial design 
was not made available to the public prior to the date when the unregistered industrial design was 
made available to the public.   IP/N/1/MNE/D/1 
 
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  The protection right for an unregistered industrial design shall last for three years from the date 
when the design was made available to the public in Montenegro for the first time.   An unregistered design shall be deemed to have been made available to the public, if it has been 
published, exhibited or used in trade in goods or otherwise disclosed in the course of regular 
business activities to the groups specialized in the given sector in Montenegro.  
The industrial design shall not be deemed to have been made available to the public if it has been 
disclosed to a third person under conditions of confidentiality related to the industrial design.  Provisions of Articles 6, 10 and 11 of the present Law shall be applicable to unregistered industrial 
designs. 
  
IX. CIVIL LAW PROTECTION 
 
Declaration of Invalidity of the Industrial Design Registration 
 
Article 43 
Any legal or natural person shall be entitled to file a lawsuit with a competent authority aimed at declaring the industrial design registration invali d either in whole or in part, in the course of 
duration of the right. 
 The lawsuit referred to in paragraph 1 of the present Article may be filed where a design has been 
registered contrary to the provisions of Article 11 paragraph 1 items 1, 2 and 3 of the present Law. 
 The court shall be obliged to submit to the co mpetent authority the final judgment declaring the 
industrial design registration invalid either in whole or in part. 
 
Contending the Industrial Design Right 
 
Article 44 
A designer or his/her legal successor shall be entitled to file a lawsuit with the court seeking declaration that he/she is the holder of the indu strial design registered to the defendant’s name 
contrary to the provisions of Article 12 of the pr esent Law, or that the he/she is the industrial 
design holder together with the person to whom  the industrial design has been registered.  
 
Following the receipt of the final court decision, the competent authority shall enter the plaintiff 
into the Register at his/her request as a holder of the industrial design.   
Lawsuit for Acknowledging Authorship 
 
Article 45 
By filing a lawsuit with the court, the person who considers himself/herself as being the author of 
the industrial design or his/her legal successor, may seek the declaration that he/she is the author 
of the industrial design registered to the defendan t’s name contrary to the provisions of Article 13 
of the present Law, and that he/she be entered into all documents and the Register as the author 
of the design.  
 The plaintiff referred to in paragraph 1 of the present Article may request that the judgment be published at the expense of the defendant, seek compensation for moral and material damage as 
well as payment of costs and expenses of the court proceedings. 
 The period for filing the lawsuit referred to in paragraph 1 of the present Article shall not have a 
time limit.  
 IP/N/1/MNE/D/1 
 
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  Lawsuit in Case of Industrial Design Rights Infringement 
 
Article 46 
Industrial design rights infringement shall be considered to be any unauthorized use of a 
registered industrial design by any party to trad e, within the meaning of Article 15 of the present 
Law.   
In case of infringement of industrial design righ ts, the design rights holder may request from the 
competent court to determine the industrial design rights infringement.  In the lawsuit referred to paragraph 2 of the present Article, the plaintiff shall be entitled to 
request: 
 1) Cessation of the industrial design rights infringement; 
 
2) That the items used in infringement of the right be destroyed or modified;  
3) That the tools and equipment used for production of the articles used in infringement of the 
right be destroyed or modified;  4) Compensation for material injury and reimbursement of costs and expenses associated with 
court proceedings; 
 5) Publication of the verdict at the expense of the defendant; 
 
6) That the information on any third persons participating in infringement of rights be revealed.  
A person infringing industrial design rights shall be held liable for the injury pursuant to the 
general rules on compensation of damages.  When determining on the lawsuit referred to in pa ragraph 3 items 2 and 3 of the present Article, 
the court shall examine all the circumstances of th e case, in particular the proportionality between 
the severity of the infringement and damage caused.   
The proceedings on the referred to in paragraph 2 of the present Article shall be administered in 
an expedited manner.  
The lawsuit for infringement of the industrial design rights may be filed within three years 
following the day the plaintiff has become aware of the infringement and the infringer, but not 
later than within five years following the day when infringement was committed for the first time.  
Provisional Measures 
 
Article 47 
At the request of the person who makes it likely that his/her industrial design rights or the rights 
arising from the application have been infringed, or that such infringement is imminent, the court may order a provisional measure of seizure or withdrawal from circulation of the articles used in 
infringement and means for production of such articles, or the measure prohibiting continuation of 
any activities by way of which the infringement may be committed.  Provisional measures referred to in paragraph 1 of  the present Article and the securing of evidence 
referred to in Article 48 of the present Law, may be requested prior to the filing of a lawsuit 
against the infringement of a protected industrial design or of the rights arising from the application, provided the lawsuit has been filed within a time period of fifteen days from the date 
of execution of the request for pronouncing a prov isional measure and/or the request for securing 
of evidence.  
An appeal against the court decision pronouncing the provisional measure referred to in 
paragraph 1 of the present Article shall no t delay the enforcement of the decision. 
 IP/N/1/MNE/D/1 
 
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  Securing of Evidence 
 
Article 48 
At the request of the person who makes it likely that his/her industrial design rights or rights 
arising from the application have been infringed, or that there is a reasonable suspicion that 
evidence thereof will be destroyed or that it will not be possible to obtain such evidence later on, the court may order a measure to secure evidence without giving prior notice to or hearing the 
person from which evidence is to be collected. 
 For the purposes of paragraph 1 of the present Ar ticle, the securing of evidence shall mean the 
inspection of premises, vehicles, books, documents, as well as the seizure of infringing goods, 
questioning of witnesses and expert-witnesses. 
 The court order for an interim measure to secure evidence shall be served on the person from 
which evidence is to be collected, on the occasion  of the collection of evidence, and to an absent 
person, as soon as that becomes possible.  
Collateral Security 
 
Article 49 
At the request of a person against whom the proceedings for infringement of the industrial design 
right or proceedings for imposing a provisional measure have been initiated, the court may 
determine an appropriate amount of money, to be  borne by the applicant, as a security in the 
event that request is found to be groundless. 
 
Duty to Provide Information 
 
Article 50 
The court may order the infringer of the protected industrial design or the witness to furnish information about third parties who have taken part in infringement of the right and about their distribution channels, provided there are no reas ons to withhold witness statements pursuant to 
provisions of the law governing civil proceedings. 
 The person who fails to perform its duty referred to in paragraph 1 of the present Article shall be 
liable for the damage thus incurred. 
  
X. REPRESENTATION 
 
Requirements for a Representative 
 
Article 51 
An industrial design representative may be:  
1) A natural person with Montenegrin citizenship residing in Montenegro, having university degree 
and having successfully passed the industrial design representative exam before a competent authority;   
 
2) Law office or a lawyer entered into the Montenegro Bar Association Register unless otherwise provided by ratified international treaties;  
3) Legal person with its legal seat in Monten egro employing at least one employee meeting the 
criteria referred to in paragraph 1 of the present Article or having cooperation with such person based on other type of contractual relationship and providing registration services before 
competent authorities as its registered business activity.  
 
Register of Representatives 
 
Article 52 
Competent authority shall maintain the Register of Industrial Design Representatives.  IP/N/1/MNE/D/1 
 
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  Persons meeting the requirements referred to in Article 51 of the present Law shall be entered into 
the Register of Industrial Design Representatives.  Entry into the Register of Industrial Design Repr esentatives shall be subject to the payment of the 
prescribed administrative fees and duties. 
 The industrial design representative exam refe rred to in Article 51 paragraph 1 item 1 of the 
present Law shall be taken before a panel of experts of the competent authority. 
 The curriculum and the manner of taking the indu strial design representative exam, the panel 
composition, examination fee and content of the Register of Industrial Design Representatives 
shall be determined by the Ministry. 
 
Removing a Representative from the Regist er of Industrial Design Representatives 
 
Article 53 
A representative shall be removed from the Regi ster of Industrial Design Representatives: 
 
1) At his/her own request;  2) If a final court judgment has been passed proh ibiting him/her from performing representation 
activities; 
 3) If he/she has been convicted to a prison sentence exceeding six months, of which he/she must 
duly notify the competent authority. 
  
XI. TRANSITIONAL AND FINAL PROVISIONS 
 
Initiated Procedures 
 
Article 54 
Procedures initiated prior to the effectiveness of the present Law shall be finalized in keeping with the present Law, if this is more favorable to the party. 
 
The Industrial Design Register established prio r to the effectiveness of this Law shall be 
harmonized with the present Law within a time peri od of six months from the date of effectiveness 
of the present Law. 
 Industrial Design Application Register establishe d prior to the effectiveness of the present Law 
shall become a record of applications and shall be harmonized with this Law, within a time period 
of six months from the date of effectiveness of the present Law. 
 
Recognized Rights 
 
Article 55 
Industrial designs registered and entered into the Industrial Design Register with the Serbia and 
Montenegro Intellectual Property Institute (herein after referred to as: Serbia and Montenegro 
Institute), and/or Serbia Intellectual Property Institute (herein after referred to as: Serbia Institute) until 28 May 2008, shall be valid in Mont enegro without requiring the payment of the fee 
until the expiry of their validity, and/or until th e expiry of the time period for which the Serbia 
Institute has been paid the rights maintenance fee,  if their holders have submitted the application 
for entry into the Register within the time period of one year from the effectiveness date of the present Law. 
 
Industrial designs for which the competent authority has issued the industrial design validity certificate in a form of a note affixed to the copy of the certificate issued by Serbia and 
Montenegro Institute or Serbia Institute, the competent authority shall enter such designs into the 
Register without requiring that a separate request be  filed, within a time period of one year from 
the effectiveness date of the present Law.  IP/N/1/MNE/D/1 
 
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  The competent authority shall issue the rights validity certificate for industrial designs for which 
rights validity applications have been filed and it shall enter those industrial designs into the Register within a time period of one year from the effectiveness date of the present Law.  
Industrial design validity renewal applications, assignment applications and applications for the 
change of name and address for industrial designs referred to in paragraph 1 of the present Article shall be deemed as applications for the entry into the Register.  
 
Industrial design rights referred to in paragraph 1 of the present Article shall be established on the 
basis of design documentation and/or certificate issued by the Serbia Institute.   
By-laws 
 
Article 56 
By-laws for the enforcement of the present Law shal l be adopted within six months from the date 
of the present Law taking effect.  
Until the adoption of the by-laws referred to in pa ragraph 1 of the present Article, the provisions of 
the by-laws adopted on the basis of the Law on th e Legal Protection of Designs ("Official Gazette 
of Serbia and Montenegro", No. 61/04) shall be applicable, unless they are contrary to the provisions of the present Law. 
 
Cessation of the Application of the Law 
 
Article 57 
The Law on the Legal Protection of Designs ("Official Gazette of Serbia and Montenegro" No. 61/04) shall cease to be applicable as of the date of the present Law taking effect. 
 
Entry into force 
 
Article 58 
This Law shall enter into force on the eighth day from the date of its publication in the "Official 
Gazette of the Montenegro".  
 
SU-SK No. 01-692/7 Podgorica 
22 December 2010 
   
PARLIAMENT OF MONTENEGRO  
IN ITS 24
th CONVOCATION 
 
 
 
       S P E A K E R  O F  T H E  P A R L I A M E N T  
 
        R a n k o  K r i v o k a p i ć 
  
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