IP/N/1/MNE/U/1  
 
11 April 2013  
(13-1881)  Page: 1/7  
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 consolidated text1 of the Law on Protection of Undisclosed 
Information, 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 consolidé de la Loi sur la protection des renseignements 
non divulgués, 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 texto refundido1 de la Ley de Protección de la 
Información no Divulgada, 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/U/1 
 
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  THE LAW ON PROTECTION OF  
UNDISCLOSED INFORMATION  
 
("Official Gazette of Republic of Montenegro" No. 16/07 and "Official Gazette of Montenegro" 
No. 73/08) 
 
(consolidated text) 
 
 
I. GENERAL PROVISIONS 
 
Article 1 
 This Law shall govern the protection of undisclosed information, which represents a commercial 
secret, as a specific intellectual property right. 
 
Article 2 
 
Any person, whether domestic or foreign, natural or legal, shall be entitled to the protection of undisclosed information under this Law.   
 
 
II. SUBJECT AND CONDITIONS OF PROTECTION 
 
Article 3 
 For the purpose of this Law undisclosed information shall be any form or type of financial, 
business, scientific, technical, economic or engineering information, including the whole or any 
portion or phase of any process, procedure, formula, improvement, pattern, plan, design, prototype, code, compilation, program, method, te chnique, or listing of names, addresses or 
telephone numbers, whether tangible or intangible, stored, compiled, or memorialized physically, 
electronically, graphically, photographically, or in writing.   
 
Article 4  
 
(1) Undisclosed information shall be protected under this Law on the condition that it: 
 
1) Is secret in the sense that it is not, as a body or in the precise configuration and 
assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;  
2)   Has commercial value because it is secret; and  
3)   Has been subject to measures taken by the owner to keep the secrecy of the 
information. 
 
(2) Measures referred to in paragraph 1, subparagraph 3 of this Article shall include apparent 
physical inaccessibility of the information and proc edures in place for designating and safeguarding 
of the undisclosed information.   
 
Article 5 
 The owner of the undisclosed information shall be any natural or legal person who has the legal 
right to control the use of the information and to transfer such right. 
 
Article 6  
 
Undisclosed information acquired by the person without knowledge or notice that the information is secret at the time of acquisition, shall be entitled to protection under this Law. 
 
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III. UNLAWFUL ACQUISITION, USE AND DISCLOSURE  
OF UNDISCLOSED INFORMATION  
 
Article 7  
 (1)   The following acts shall constitute wrongful acquisition, use, or disclosure of the undisclosed 
information: 
 
1)  Acquisition, use or disclosure of such information in a manner contrary to honest  commercial practices; or  
2)  Use or disclosure of such information without the owner's express or implied consent; 
 or 3)  Use or disclosure of such information by a person, who at the time of use or 
 disclosure, knew or ought to have known that the information:  
- was received or obtained from or through a person who acquired the 
information in a manner contrary to honest commercial practices, or  
- was acquired under circumstances giving rise to a duty to maintain its secrecy 
or limit its use, or  
- was received or obtained from or through a person who owed a duty to the 
owner to maintain its secrecy or limit its use. 
4)  Acquisition of such information by a person who knew or ought to have known that it 
was an undisclosed information, where such information was acquired by accident or mistake.  
 
(2)   For the purpose of this Law, "a manner cont rary to honest commercial practices" referred to 
in paragraph 1 of this Article shall include practices such as breach of contract, breach of 
confidence, fraud, unlawful acquisition, bribery, misrepresentation, commercial espionage, as well 
as the acquisition of the undisclosed information by third persons who knew, or who ought to have 
known that such practices were involved in the acquisition.  
(3)   The unlawful acquisition, disclosure, or use of undisclosed information shall include 
acquiring, disclosing, or using such information by any method from which the information can be perceived, reproduced, or otherwise communicated, either directly or indirectly.   
 
 
IV. LAWFUL USE OF UNDISCLOSED INFORMATION  
 
Article 8 
 (1)   The acquisition and/or use of undisclosed information protected under this Law without that 
person's express or implied consent shall be lawful if the information was acquired by fair, honest, 
and lawful means, in accordance with honest co mmercial practices, through the study, analysis, 
testing, decompilation, disassembly, observation, evaluation, and/or examination of publicly 
available records, research, studies, reports, and/or material objects that incorporate the 
information, unless such acquisition and/or use is prohibited by contract or applicable law or public policy.   
 
(2)   A person who obtained the information in a manner referred to in paragraph 1 of this Article shall have the burden proof in any litigation.    
 
 
V. UNDISCLOSED TEST OR OTHER DATA  
 
Article 9  
 
(1)   Disclosure and use for commercial purposes of undisclosed test or other data that are 
required to be submitted to any natural or legal person or government body, as the case may be, 
as a condition to issue a license for marketing of medicines or agricultural chemical products that utilize new chemical entities, shall be deemed as unlawful acquisition, use, or disclosure of 
undisclosed information.  
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  (2)   The competent administrative authority, civil servant or an employee of the competent 
administrative authority must safeguard the data referred to in paragraph 1 of this Article as 
confidential.    
(3)   Data referred to in paragraph 1 of this Article may be disclosed but only if: 
 
1)  The competent authority determines that such disclosure is necessary to protect 
public health, environment, or the public interest; or  
2)  Action is taken to ensure that prior to disclosure the data are protected against unfair 
commercial use; or 
3)  The owner of the data expressly authorizes in writing the disclosure or use for 
commercial purposes. 
 (4)   Period of protection against unfair use for commercial purposes shall be determined and set 
by the authority responsible for issuance of a license for marketing of medicines and medical 
devices or agricultural chemical products, taking into account the time, effort, and money involved 
in origination and nature of the data.   
 
(5)  The period referred to in paragraph 4 of this Article shall not be less than five years from the date of issuance of a license for placing into circulation of products referred to in paragraph 1 of this Article, in accordance with the Law on Medicines (RM Official Gazette No. 80/04) and the Law 
on Medical Devices (RM Official Gazette No. 79/04). 
 (6)   For the purposes of this Article, "unfair us e for commercial purposes" shall include the use of 
data by any natural or legal person and/or go vernment body in connection with analyzing, 
approving, or otherwise reviewing subsequent ap plications by third persons for issuance of a 
license for placing into circulation of pharmaceutical or agricultural chemical products that utilize 
new chemical entities.  
 (7)   During the period of protection, information referred to in paragraph 1 of this Article, including documents and/or other materials in which such data are incorporated, shall be exempt 
from public access even where such access is a llowed under the provisions of the law governing 
public access to documents.  
 
VI. CIVIL ACTION FOR PROTECTION OF  
UNDISCLOSED INFORMATION  
 
Article 10  
 The owner of any undisclosed information shall have the right initiate legal proceedings requesting 
the court to:  
 
1) Order refraining from threatening acts and prohibit  unlawful acquisition, use, or 
disclosure of  such information; 
2) Authorize disposal, seizure, destruction or modification of all items incorporating such 
information, including documents and/or other material in which such information is 
incorporated if the information can be perceived, reproduced, or otherwise 
communicated from such, either directly or with the aid of a machine or device; 
3) Authorize measures which prevent the entry into domestic channels of commerce of 
imported items incorporating such information, including documents and/or other 
material in which such data is incorporated if the information can be perceived, 
reproduced, or otherwise communicated from su ch, either directly or with the aid of a 
machine or device; 
4) Order the payment of damages, including actual loss and loss of profit. If the 
infringement was done intentionally or by gross negligence, the plaintiff may request the payment of damages in the amount equa l to the threefold amount of customary 
remuneration that would have been paid had the information been used lawfully; 
5) Order the publication of the court's de cision at the defendant's expense. 
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  Article 11 
 
The owner of the undisclosed information protected under this Law may request for an injunction from court that conditions future use of such undisclosed information upon payment of a 
reasonable fee for the period that shall not exceed the period of protection. 
 
Article 12 
(1)  At the request of the owner of the undisclosed  information referred to in Article 3 of this Law 
who makes it credible that unlawful acquisition, use, or disclosure of the information or data is 
imminent, or that irreparable harm is likely to occur, or that there is a reasonable doubt that 
evidence of that will be destroyed or that it will be impossible to obtain it later, the court may order a provisional measure to secure evidence without prior notice or hearing of person from which the evidence is to be collected. 
 
(2)  For the purposes of paragraph 1 of this Ar ticle, the securing of evidence shall mean the 
inspection of premises, books, documents, databa ses, etc., as well as the seizure of documents 
and questioning of witnesses and expert-witnesses. 
 (3)  The court order for provisional measures to secure evidence shall be served upon the person 
from whom evidence is to be collected, on the o ccasion of the collection of evidence, and to an 
absent person, as soon as that becomes possible.  
Article 13 
 
In order to prevent violation of rights of the owner of undisclosed information referred to in Article 3 of this Law, the court may order a provisional measure of prohibition of placing into the 
channels of commerce or withdrawing from the channels of commerce of any goods incorporating 
such information or any goods manufactured based on such information.  
Article 14 
(1)  The provisional measures may be requested even before filing an action.  
 
(2)  In the case referred to in paragraph 1 of this Article, the court order establishing the provisional measure shall contain the period in which the action has to be filed, which can not be 
less than 30 days from the day of execution of the provisional measure.    
 (3)  An appeal lodged against a court decision setting the provisional measure shall not stay the 
execution of such decision. 
 (4)  Provisional measures referred to in paragraph 1 of this Article shall cease to have effect where proceedings leading to a decision on the merits of the case are not initiated within a period 
referred to in paragraph 2 of this Article. 
 
Article 15 
 
The court may order the owner of undisclosed information to provide a security sufficient to protect the defendant and to prevent abuse of law. 
 
Article 16 
 Where the provisional measures are revoked or wh ere they lapse due to any act or omission by 
the owner, or where it is subsequently found that there has been no violation or threat of violation 
of the owner's right, the court shall have the au thority to order the owner, upon request of the 
defendant, to provide the defendant appropriate compensation for any injury caused by these 
measures. 
 
Article 17 
 
Prohibition of unlawful use of undisclosed information protected under this Law shall cease to have an effect when such information is no longer entitled to protection. IP/N/1/MNE/U/1 
 
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VII. PRESERVATION OF SECRECY 
 
Article 18  
 The courts and other competent authorities shall preserve the secrecy of undisclosed information 
protected under this Law. Obligation of preservation of secrecy includes inter alia  holding in 
camera  hearings, restricting access and use of such information and ordering any person involved 
in the proceedings not to disclose such information without prior court approval. 
 
 
VIII. PENAL PROVISIONS 
 
Article 19  
 (1)  Any administrative authority, commercial enti ty, other legal person or an entrepreneur that 
commits any act of unlawful acquisition, use or disclosure of undisclosed information referred to in 
Article 7 of this Law shall for the fined for the offence in the amount equal to 200-300 minimal wages in Montenegro.  
(2)  Where an offence referred to in paragraph 1 of this Article, is committed by a legal entity, 
responsible person in such entity shall be fine d in the amount equal to 20 minimal wages in the 
Montenegro. 
 
Article 20 
 
(1) Any materials suspected to be subject to an offence referred to in Article 18 of this Law may 
be seized until the end of the proceedings.    (2) An appeal lodged against a decision referred to in paragraph 1 of this Article shall not stay 
the execution of that decision. 
 
Article 21 
 
(1) Materials being subject to an offence,  including documents and/or other material in which 
such information or data is incorporated by any from which the data can be perceived, reproduced, 
or otherwise communicated with the aid of a machine or device, shall be confiscated or destroyed, 
as the case may be. However, the owner of the undi sclosed information shall be entitled to dispose 
of such objects in any other way found appropriate.  
(2) The magistrate may order the  destruction of items used, or intended to be used, in any 
manner or part, to commit or facilitate committing of the offence taking into consideration the nature, scope, and proportionality of the use of such items in committing the offence. 
 
(3) Materials referred to in paragraphs 1 and 2 of this Article may be confiscated and destroyed 
even if they are not the property of the offender. 
 
(4) Materials referred to in paragraph 1 of this Article may be confiscated and destroyed even if 
the procedure was dismissed because it was not possible to administer the procedure due to the fact that the identity of an offender was not kn own or the offender was not reachable to competent 
authorities, or due to any other legal obstacles, save in the case where the time period within 
which the procedure may be initiated has elapsed.  
(5) Any proceeds obtained, directly or indirectly, as the result of an offence shall be confiscated.  
 
Article 22 
 
Where it was determined, after the appropriate proceedings have been performed, that the offence has not been committed, the owner of the materials seized referred to in Article 19 of this Law shall have the right to claim compensation of damages, at the expense of the state budget. 
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IX. FINAL PROVISION 
 
Article 23  
 
This Law shall come into force on the eighth day following its publication in the "Official Gazette of Montenegro".  
 
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