IP/Q/MNE/1, IP/Q2/MNE/1  
IP/Q3/MNE/1, IP/Q4/MNE/1  
 
10 January 2014  
(14-0086)  Page: 1/6  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
   
REVIEW OF LEGISLATION 
 
M
ONTENEGRO1 
The present document reproduces the introduc tory statement made by the delegation of 
Montenegro, the questions put to it and the resp onses given in connection with the review of 
legislation initiated at the Council's meeting of 10-11 October 2013.2 
 
1  INTRODUCTORY STATEMENT3 
1.  On behalf of Montenegro, as one of the most  recent members of the World Trade Organization, 
it is my pleasure to present today our national legislation in the field of intellectual property. 
2.  In accordance with the obligations arising from the TRIPS Agreement, Montenegro has 
submitted the necessary notifications which represent the basis for the Review of national intellectual property legislation.  
3.  At the beginning of this presentation, I would like to mention that since 2006, when 
Montenegro became an independent country, legislation in the field of intellectual property was under the jurisdiction of the former state union of Serbia and Montenegro, after which Montenegro 
started to build its own legislative and institutional framework. 
4.  Considering the importance that membership in the WTO brings to its Member states, special 
emphasis in creating new legislation was placed on harmonization with provisions of the TRIPS Agreement. In addition, questions, remarks and suggestions given by the Member states during 
the accession process of Montenegro to the WTO have been taken into account. Montenegro has 
also focused its activities on harmonization with provisions of other relevant international treaties and agreements in the field of intellectual property. 
5.  Intellectual property rights in Montenegro are regulated, among others, within the supreme 
legal act – the Constitution, in the part regulating economic, social and cultural rights and freedoms. Freedom of scientific, cultural and artistic works, scientific discoveries and technical inventions, as well as moral and property rights to their creators, are guaranteed under the 
Article 76 of the Constitution. 
6.  It is necessary to emphasize that according Ar ticle 9 of the Constitution of Montenegro, ratified 
and published international agreements, such as th e TRIPS Agreement, are the part of the internal 
legal order, have a supremacy over national legisl ation and shall apply directly when they regulate 
relations differently than the national legislation. 
                                               
1 As regards laws and regulations notified by Monten egro under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/MNE/1, IP/N/1/MNE/2, IP/N/1/MNE/D/2, IP/N/1/MNE/U/1, IP/N/1/MNE/C/1, IP/N/1/MNE/D/1, IP/N/1/MNE/G/1, IP/N/1/MNE/G/2, IP/N/1/MNE/O/4, IP/N/1/MNE/O/5, IP/N/1/MNE/O/7, IP/N/1/MNE/O/8, IP/N/1/MNE/O/9, IP/N/1/MNE/O/10, IP/N/1/MNE/E/1, IP/N/1/MNE/L/1, IP/N/1/MNE/O/1, IP/N/1/MNE/O/2, IP/N/1/MNE/O/3, IP/N/1/MNE/O/6, IP/N/1/MNE/P/1, IP/N/1/MNE/T/1 and 
IP/N/1/MNE/T/1/Add.1.  
2 The minutes of this meeting have been  circulated as document IP/C/M/74. 
3 As reflected in paragraphs 2.1 to 2.8 of document IP/C/M/74. IP/Q/MNE/1 • IP/Q2/MNE/1 • IP/Q3/MNE/1 • IP/Q4/MNE/1 
 
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  7.  The field of copyright and related rights in Montenegro is regulated by the Law on Copyright 
and Related Rights, which was adopted in 2011. This law represents the basis for effective protection of rights, either authors or holders of related rights. 
8.  Montenegro is a member of the following inte rnational conventions and treaties in this field: 
1.  Berne Convention for the Protection of Literary and Artistic Works; 
2.  WIPO Copyright Treaty; 
3.  WIPO Performances and Phonograms Treaty; 
4.  Convention for the Protection of Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms; 
5.  International Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations; 
6.  Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by 
Satellite. 
 
9.  In the field of industrial property rights , Law on Trademarks, Law on Legal Protection of 
Industrial Design and Law on Protection of Topographies of Semiconductors adopted in 2010, as well as Patent Law and Law on Indications of Geographical Origin adopted in 2008, with later 
amendments, are in force. 
10.  In this field Montenegro is a member of: 
1. Paris Convention for the Protection of Industrial Property; 
2. Madrid Agreement for the Repression of Fals e or Deceptive Indications of Source on 
Goods; 
3. Madrid Agreement Concerning the International Registration of Marks; 
4. Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Marks; 
5. Hague Agreement Concerning the International Registration of Industrial Designs; 
6. Nice Agreement Concerning the International Classification of Goods and Services for the 
Purpose of Registration of Marks; 
7. Locarno Agreement Establishing an International Classification for Industrial Designs; 
8. Lisbon Agreement for the Protection of Appellations of Origin and their International 
Registration; 
9. Nairobi Treaty on the Protection of the Olympic Symbol; 
10. Trademark Law Treaty; 
11. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for 
the Purposes of Patent Procedure; 
12. Patent Cooperation Treaty; 
13. Strasbourg Agreement Concerning the International Patent Classification; 
14. The Patent Law Treaty; 
15. Vienna Agreement Establishing an International Classification of the Figurative Elements 
of Marks. 
 
11.  Provisions on enforcement of intellectual pr operty rights are contained in all of the above 
mentioned intellectual property laws, as well as in The Law on Enforcement of the Legislation that Regulates Protection of Intellectual Property Ri ghts and Regulation on Procedure of Customs 
Authority with the Goods Under Suspicion of Infrin ging the Intellectual Property Rights. Criminal 
offenses against intellectual property are prescribed by the Criminal Code. Depending on the type of proceedings, cases of infringement of intell ectual property rights, besides the previously 
mentioned laws, shall apply provisions of the Criminal Procedure Code, Law on Civil Procedure, 
Law on Enforcement and Securing of Claims, Law on Obligations, Law on Inspection Control and other relevant laws. 
12.  Montenegro has established an institutional framework for the effective enforcement of 
intellectual property rights. Authorities responsi ble for the enforcement of intellectual property 
rights are primarily: Customs Administration, Police Administration, Administration for Inspection Affairs, the Commercial Court, Basic courts  in Montenegro and Prosecutor's Office 
(http://www.tuzilastvobih.gov.ba/?jezik=e ) of Montenegro. Montenegro is committed to further 
strengthening institutional and administrative capacities in order to ensure effective protection of 
intellectual property rights. IP/Q/MNE/1 • IP/Q2/MNE/1 • IP/Q3/MNE/1 • IP/Q4/MNE/1 
 
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  13.  Our opinion is that Montenegro has created an intellectual property system that gives 
everyone a chance to take advantage of its provisions and to use opportunities in business and trade. The use of intellectual property rights base d on law will help in the creation of new jobs, 
affect the well-being of society,  encourage development of the skill s of the population and protect 
those who put new products and services on the market. All these factors make Montenegro 
attractive to foreign and domestic investors. 
14.  However, Montenegro is aware of the need  for additional and ongoing work in order to 
valorize the benefits that intellectual property provides. 
15.  As strategic goals that will contribute to the further development of intellectual property, 
Montenegro has recognised: 
 Improved enforcement of intellectual property rights; 
 Increasing economic growth through effective use of intellectual property; 
 Improvement of methods of acquiring and managing intellectual property; 
 Better business and public understanding of th e use and the value of intellectual property, 
as well as the importance of the enforcement of IP rights; 
 Improvement and modernization of information systems in terms of intellectual property 
issues. 
 
16.  Based on what has been previously mentioned, our opinion is that Montenegro has met the standards set by the TRIPS Agreement, and that Montenegrin legislation on intellectual property rights is in compliance with the provisions of this Agreement. 
2  RESPONSES TO THE QUESTIONS POSED BY THE UNITED STATES
4 
1. Article 27(3) of the TRIPS Agreement pr ovides that Members are not required to 
provide patent protection for plant varieties, but that if such protection is not afforded, 
then an effective sui generis  system is required. It is noted that Montenegro's patent 
law precludes patent protection for plants . How does Montenegro provide intellectual 
property protection for plants?  
 
Montenegro provides protection for new plant varieties under the UPOV system of special protection (sui generis) which it has chosen in accordance with the options of the World Trade 
Organisation and the provisions of the TRIPS Agreement (Agreement on Trade-Related Aspects of 
Intellectual Property Rights) under which it is required that all Member States of the WTO must 
provide the protection of plant varieties through pa tents or sui generis system (such as UPOV), or 
a combination thereof. During the process of accession to the WTO and EU, Montenegro has 
adopted the Law on Protection of Plant Varieties (" Official Gazette of the Republic of Montenegro", 
No. 48/07 and "Official Gazette of Montenegro", No. 48/08), which for the first time regulates the area of protection of intellectual property rights of breeders, creators of plant varieties, regulates 
the terms and procedures for the protection of plant varieties as well as rights and obligations of 
the holders of plant breeders’ rights. State auth ority in charge of direct implementation and 
activities in this area is Phytosanitary Administration of Montenegro, Department for Seeds and Planting Material, Protection of Plant Varieties and GMO, and is in charge of administrative 
activities, development of legislation and international relations in this area.  
 2. Article 51 of the TRIPS Agreement provides for the suspension of release by customs 
authorities of goods suspected of bearing a co unterfeit trademark or of being a piratical 
copyright work, either at the request of a ri ght holder. Could an update be provided on 
the implementation of the Regulation on TR IPS Border Measures, including applications 
filed by rights owners to suspend the rele ase of suspected counterfeit and piratical 
goods and interdiction efforts?  
 The Customs Administration is dealing with the goods under suspicion of infringing the intellectual 
property right in accordance with the provisions of the Article 67, Paragraph 3 of the Customs Law 
("Official Gazette of the Republic of Montenegro", No. 07/02, 38/02, 72/02, 21/03, 31/03 , 29/05, 
66/06 and "Official Gazette of Montenegro", No. 21/08) and Regulation on measures of customs 
                                               
4 The questions posed by the United States are contained in document IP/C/W/598. IP/Q/MNE/1 • IP/Q2/MNE/1 • IP/Q3/MNE/1 • IP/Q4/MNE/1 
 
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  authority with the goods under suspicion of infringing the intellectual property rights ("Official 
Gazette of Montenegro", No. 33/11).  Regulation on measures of customs authority wi th the goods under suspicion of infringing the 
intellectual property rights ("Official Gazette of Montenegro", No. 33/11) is harmonised with the 
basic principles of the Agreement on Trade-Relate d Aspects of Intellectual Property Rights of the 
World Trade Organisation (TRIPS).  
 
The Regulation on measures of customs authority with the goods under suspicion of infringing the 
intellectual property rights stipulates the conditions for undertaking actions with goods suspicious of infringing an intellectual property right, procedure for undertaking such actions, as well as 
measures for protection of intellectual property rights undertaken by the customs authority in 
cases when the goods are found to infringe the intellectual property rights.  
In accordance with the Regulation customs authority may suspend customs procedure and 
detained the goods based on application for acti on of right holder and ex-officio.The customs 
authority may, in accordance with the Regulation, undertake the actions when goods suspicious of 
infringing an intellectual property right is: decl ared for release for free circulation, export or 
re-export, found during the control of goods entering or leaving the customs territory of 
Montenegro, placed under a suspensive customs procedure or placed in free zone or free warehouse. 
 
The Regulation on measures of customs authority with the goods under suspicion of infringing the 
intellectual property rights covers the protection of  trademark, copyright or related right, industrial 
design, patent, supplementary protection certific ate, plant variety, designation of origin or 
geographical indication and topography of semi-conductors.   
Regarding the data related to the lodged applicat ions for action for protection of intellectual 
property rights, please note that 44 applications for action for protection of intellectual property rights were lodged to the Customs Administration in 2011. 39 applications were adopted and five applications were rejected due to formal irregularities. 
 
In 2012, 42 applications were lodged to the Custom s Administration, out of which 41 applications 
for action for protection of Intellectual Property Rights were adopted by the Customs 
Administration and 1 was rejected due to formal irregularites. 
 In 2013, up to 31
st of October, 52 applications were lodged to the Customs Administration, out of 
which 46 applications were adopted, three applications were rejected due to formal irregularities, 
while three applications are being processed.   3. Article 52 of the TRIPS Agreement provides that a right holder initiating the 
procedures of TRIPS Article 51 shall be requir ed to provide adequate evidence to satisfy 
authorities there is a prima fa cie an infringement. Could information be provided as to 
what Montenegro requests, such as any applic ation fee, what is the length of time for 
which an accepted application is valid, and whether applications are filed at a central 
office or at ports of entry?  
 
The provisions of Articles 4, 5 and 6 of the The Regulation on me asures of customs authority with 
the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. 
 
Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights ,to 
the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is 
lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action 
for protection of an intellectual property right, which is also an integral part of the Regulation. 
Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/  (in Montenegrin and English).   
 IP/Q/MNE/1 • IP/Q2/MNE/1 • IP/Q3/MNE/1 • IP/Q4/MNE/1 
 
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  The application must contain 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 contact persons for 
administrative and technical issues.   
 The applicant can also provide other available data on: value of original goods; location of the 
goods or destination of the goods; details based on which the shipment or packaging of the goods 
can be identified; expected date of arrival or forw arding 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 suspected of infringing intellectual property rights. 
 The right holder shall be obliged to accompany the application with the proof that its right has 
been registered and valid in Montenegro. Excerpt from the relevant register shall also be 
considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. 
 
If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of 
protection of an intellectual property right. 
 Applications for action shall be accompanied by a declaration from the right-holder , in accordance 
with the Article 6 of the Regulation, accepting liability regarding the damages that might occur 
with the procedure if the initiated procedure is te rminated 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. 
 With such declaration, the right holder is obliga ted to bear expenses related to the storing and 
keeping the goods withheld under the customs control. 
 
Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. 
 
No fee is paid for lodging of the application for acti on for protection of intellectual property rights. 
 
Customs Administration, within 30 working days following the lodging of the application, is making 
the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. 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 within three working days following th e day of lodging of application at the latest. 
 
Actions for protection of intellectual property ri ghts are approved for a period not exceeding one 
year following the adoption of the decision. A pproved 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 the right holder have been paid. 
 4. Article 61 of the TRIPS Agreement provides for criminal procedur es and penalties, 
sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy 
on a commercial scale. Could information be provided on the disposition of criminal 
cases involving trademark counterfeiting or co pyright piracy and the criminal penalties 
and jail time ordered in those cases? 
 
For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of 
Unauthorised Use of Copyrighted  Work or an Object of a Related Right under Article 234 of the 
Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 
47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the 
information is requested, as well as that using another's trademark is  an act of  execution of IP/Q/MNE/1 • IP/Q2/MNE/1 • IP/Q3/MNE/1 • IP/Q4/MNE/1 
 
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  criminal  offense of Abuse of Trade Name  under Article 271 of the Criminal Code, but not the 
criminal offense itself.   In relation to criminal proceedings in respect of the criminal offense under Article 234 of the 
Criminal Code, please note the following: 
 In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found 
guilty and sentenced to three months in prison, two years on probation. 
 In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. 
 
In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation.  
 
All three verdicts are final.    
__________