IP/N/1/MNE/O/3  
 
8 April 2013  
(13-1792)  Page: 1/9  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS UNDER ARTICLE 63.2 
OF THE AGREEMENT 
MONTENEGRO  
This document reproduces the text1 of the Regulation on the Proc edure for Recognition, Changes 
and Renewal of the Validity 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 
 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MONTÉNÉGRO  
Le présent document contient le texte1 du Règlement sur les procédures pour la reconnaissance, 
les modifications et le renouvellement de la validité des dessins et modèles industriels, notifié par 
le Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto1 del Reglamento sobre el Procedimiento para el 
Reconocimiento, el Cambio y la Renovación de la Validez 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. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte en monténégrin peut être consulté, sur demande, auprès du 
Secrétariat de l'OMC./En inglés solamente. El texto en mo ntenegrino se puede consultar, previa solicitud, en la 
Secretaría de la OMC. 
 IP/N/1/MNE/O/3 
 
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  REGULATION ON THE PROCEDURE FOR RECOGNITION, CHANGES AND RENEWAL 
OF THE VALIDITY OF INDUSTRIAL DESIGN  
The Regulation was published in the Official Gazette of 
Montenegro No. 12/2012 dated 24th February 2012 
Subject Matter 
Article 1 
This Regulation shall govern in detail the contents and manner of keeping the Design 
Register (hereinafter: the Register) and the Re cord of Design Applications (hereinafter: 
Record of Applications), the contents of the request and the application for design 
registration, the contents of the request for the division of multiple applications and the documentation which shall be appended to the request, the data contained in the decision 
on the registration of a design  which are published in the offi cial gazette, the contents of 
the request for entry of changes in the Regi ster and the documentation which shall be 
appended to the request, and the contents of the design renewal request and the documentation which shall be appended to the request. 
 
The Contents and Manner of Keeping the Register 
Article 2 
The Register shall contain the following: 
1) the number of the application, or the num ber of each individual industrial design 
(hereinafter: design), where a multiple application is being submitted, with the total number of designs; 
2) the full name, or the title of the design holder, with the following data: the address, 
or seat (street and number, postal code, town and country), telephone number, fax number or e-mail address and similar, as well as the citizenship of the design holder 
(hereinafter: contact information); 
3) a representation of the design (appearance), or information that a sample has been 
appended; 
4) the name of the product or part of a product containing the design or to which the 
design has been applied; 
5) the full name of the authorized representative, if the design holder has one, with 
contact information; 
6) the full name of the joint representative, if a joint application is being filed, with 
contact information; 
7) the full name(s) of the designer, or team of designers, with contact information, or 
information that the designer, or team of de signers, do not wish to be named in the 
application; 
8) information that a description of the representation or a sample of the design has 
been appended to the application, in accordan ce with Article 5 paragraph 2 item 1 of this 
Regulation; 
9) the publication date of the design registra tion in the official gazette of the competent 
authority; 
10) information about a deferment of the publication and the requested period of 
deferment; 
11) the number of class and sub-class under the Locarno Agreement Establishing an 
International Classification of Industrial Designs (hereinafter: the International 
Classification); 
12) information about the priority right, as follows: 
- the date and number of the first applicatio n and the name of the state in which the 
application was filed, where a Union Priority Right is concerned, or 
- the name of the exhibition, the date of op ening and date of closure, and the date of 
the first day of exhibition of the product containing the design or to which the design was 
applied, where an exhibition priority right is concerned; 
13) information about the legal basis for a cessation of the validity of the design; 14) information about an appeal against a conclusion discontinuing the procedure, 
where an appeal has been filed, as follows: IP/N/1/MNE/O/3 
 
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  - full name of the appellant, with contact information, 
- the number and date of the conclusion of the competent authority against which the 
appeal is being filed, 
- the date of receipt of the appeal, 
- the full name or title of the Industrial Design Representative, if the appellant has one, 
with contact information, and 
- the date and type of decision issued in connection with the appeal; 
15) information about a lawsuit to declare a design registration invalid, as follows: 
- the full name or title of the pl aintiff, with contact information, 
- the number and date of registration of the design in connection with which the lawsuit 
is being filed, 
- the date of filing the lawsuit, and 
- the date and types of decisions rendered in connection with the lawsuit, and 
information about the finality of the judgment on the lawsuit for declaring a design 
registration invalid and the content of  the judgment’s enacting terms, and 
16) information about the payment of administrative fees and duties for specific 
procedural costs. The Register is kept in electronic form. 
 
The Contents and Manner of Keeping the Record of Applications 
Article 3 
Besides the data prescribed by the Law on  Legal Protection of Industrial Design 
(hereinafter: the Law), the Record of A pplications shall contain the following: 
1) the number of the application, or the number of each individual design, where a 
multiple application is being filed, with the total number of designs; 
2) the date of filing the application; 
3) the full name or title of the applicant, with contact information; 4) the full name or title of the authorized Industrial Design Representative, with contact 
information; 
5) the full name or title of the joint representative, with contact information, where a 
joint application is being filed; 
6) the full name(s) of the designer, or team of designers, with contact information, or 
information that the designer, or team of de signers, do not wish to be named in the 
application; 
7) information that a description of the representation or the sample of the design has 
been submitted with the application, in acco rdance with Article 5 paragraph 2 item 1 of 
this Regulation; 
8) information about a deferment of the publication and the requested period of 
deferment; 
9) the number of class and sub-class under the International Classification; 10) information about the priority right, if such a right is being sought, as follows: - the date and number of the first application and the name of the state in which that 
application was filed, where a Union Priority Right is concerned, or 
- the name of the exhibition, the date of op ening and date of closure, and the date of 
the first day of exhibition of the product containing the design or to which the design was 
applied, where an exhibition priority right is concerned; 
11) information about the priority right of the original application, where the application 
subject to the entry was created by separating a design from a multiple application; 
12) information about changes in the desi gn application, and the date when the 
changes were entered in the Record of Applications; 
13) the date of issuance of a conclusion discontinuing the procedure, where such a 
conclusion has been issued; 
14) information about an appeal against a conclusion of the competent authority, where 
an appeal has been filed, as follows: contact information of the appellant, 
- the number and date of the conclusion of the competent authority against which the 
appeal is being filed, 
- the date of receipt of the appeal, - the contact information of the Industrial Design Representative, if the appellant has 
one, and  
- the date and type of decision issued in connection with the appeal; 15) information about the payment of administrative fees and duties for specific 
procedural costs. The Record of Applications is kept in electronic form. IP/N/1/MNE/O/3 
 
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The Design Registration Application  
Article 4 
The design registration application (hereinafter: application) shall be filed with the 
competent authority in written form, directly, or by mail. 
Besides the data prescribed by the Law, the application shall contain: 1) a signed declaration of the designer, or te am of designers, or the applicant, that the 
designer or team of designers do not wi sh to be named in the application, and 
2) proof of a priority right. 
 
Contents of the Design Registration Request 
Article 5 
The request for registration of an industrial  design shall as an integral part of the 
application contain the following: 
1) an explicit request for the registration of an industrial design; 
2) the number of the design application and its filing date; 3) the full name or title of the applicant, with contact information; 
4) a designation of the product in which the design will be contained or to which the 
design will be applied in a manner clearly describing the nature of the product and making it possible for every product to be classified in  one class, and, if possible, the name from 
the list of products, in accordance with the International Classification; 
5) the full name or title of the authorized Industrial Design Representative, with contact 
information, if the applicant has one; 
6) an indication of the appointment of a joint representative, where a joint application is 
being filed; 
7) an indication of the total number of designs, where a multiple application is being 
filed, and 
8) the signature of the applicant or joint repr esentative, or the signature and seal of an 
Industrial Design Representative, if the applicant has one. 
Besides the data referred to in paragraph 1 of this Article, the design registration 
request may also contain the following: 
1) a description of the visible characteristics of a representation or sample of the design 
which may not exceed one hundred words for each design, without citing data concerning the novelty of the design, the individual char acter of the design, or its technical value; 
2) a request for a deferment of the publicatio n of a registered design and the requested 
period of deferment; 
3) the classification of the product (designation of the class) in which the design will be 
contained or to which the design will be applied, in accordance with the International 
Classification; 
4) contact information about the designer or team of designers, or information that the 
designer, or team of designers, do not wish to be named in the application; 
5) information about the priority right, in a ccordance with Articles 29 and 30 of the Law, 
and 
6) indication that the application was created by separation from a multiple application, 
as well as the number of the original application. 
The request referred to in paragraph 1 of this Article shall be completed on form D-1, 
which is an integral part of this Regulation, and submitted in two copies. 
 
Representation of the Design 
Article 6 
A representation of the design shall as an in tegral part of the application be appended 
on form D-2, which is an integral pa rt of this Regulation, in two copies. 
The D-2 form is A 4 in format. The space for the representation of the design may not exceed 26.2 by 17 cm, nor be 
less than 4 by 4 cm, and a margin of at least 2.5 cm in width shall exist to the left of that 
space. 
In the upper left hand side corner of form D- 2 of this Regulation shall be designated the 
total number of designs in the application, the sequential number of the design and the 
number of aspects, in accordance with paragraph 5 of this Article, as well as the applicant, 
or joint representative. IP/N/1/MNE/O/3 
 
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  In the space intended for the representation of the design shall be glued or printed by 
electronic means a graphic representation or a photograph of the design, in monochrome or colour, and on each copy of the D-2 form of this Regulation there may be only one graphic representation, or photograph, of the design. 
The graphic representation or photograph must have right angles and straight edges, 
they may not be folded, marked or attached to the form by puncturing, and in the graphic representation or photograph there may not be any explanations, legends, other objects, 
accessories, persons or animals on the design or alongside the design. 
Where one graphic representation or photograph cannot show all the characteristics of 
the novelty and the individual character of th e design, more than one, and at most six, 
graphic representations or photographs from various aspects may be submitted to present 
the design, in which case every representati on of the design shall be individually 
numbered with two digits separated by a point, the first digit indicating the sequential number of the design, and the second indicating the number of the aspect (e.g., 1.1, 1.2, 
1.3). 
In the case referred to in paragraph 6 of this Article, the requisite number of copies of 
form D-2 of this Regulation shall be submi tted with the application, and the page number 
shall be entered in the bottom right corner of every form. 
Where a certain part of the design cannot be seen clearly in the representation of the 
design, that part may be shown magnified. 
All appended and duly marked pages together constitute one copy of form D-2 of this 
Regulation. 
 
Graphic Representation of the Design 
Article 7 
The graphic representation of the design shall be appended in its original or a 
reproduced copy of the original done by el ectronic means or graphic methods, provided 
the reproduced copy is of the same quality as the original. 
The graphic representation of the design must be suitable for reproduction. The graphic representation of the design in original or reproduced form shall be done 
with drawing equipment or by electronic means so that all lines are unbroken and the 
characteristics of the design clearly visible. 
If possible, three-dimensional designs should be shown in perspective and may contain 
shading and shadows in order to emphasize spatiality. 
The graphic representation of a design shall be done on white paper. 
The graphic representation of a design may not be a technical drawing showing an 
object in cross-section or a drawing containing axes and sizes (dimensions). 
By exception from paragraph 3 of this Articl e, graphic representation of the design may 
contain broken or dotted lines if such lines are used to designate visible parts of the design for which no protection is being sought in the procedure cited. 
 
Photograph of the Design 
Article 8 
An application may contain a photograph of the design or a copy of that photograph 
made by electronic means or processes. 
Photographs and reproductions of photographs of a design shall be made so that the 
characteristics of the design shown are clearl y visible, and so that the photographs are 
suitable for reproduction. 
Photo-copies of photographs may not be appended to serve as representations of the 
design. 
Photographs of designs shall be done on neutral or monochromatic backgrounds. 
Photographs may not be retouched (with Indian or other ink, or correction fluid). 
 
Representations of Designs with Repe ating Structures, Letters and Numbers 
Article 9 
Where an application concerns a design consisting of multiple repeated structures 
(ornaments, patterns and similar), the representation of the design shall show the 
structure by itself and a sufficient section of the repeated area. 
Where an application concerns typographic letter designs, the representation of the 
design must consist of a sequence of all small and capital letters of the alphabet and IP/N/1/MNE/O/3 
 
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  Arabic digits from zero to nine, as well as five rows of text written in that script, using font 
size 16. 
 
Representations of Designs in Colour and Monochrome 
Article 10 
If a design shown in colour is appended to the application, the design shall be 
registered and published in that colour, and if a design shown in black and white is 
appended, the design shall be registered and published in black and white. 
In the process of publication of the design and issuance of a decision on the design 
whose representation was submitted in colour, the best reproduction technology available to the competent authority shall be used. 
In the event of a dispute about the shades an d tones of colour in which the design was 
reproduced, the original copy of the repres entation of the design appended to the 
application shall be deemed the authentic design of the product. 
 
The Position of the Design 
Article 11 
The correct position of the design shall be the position depicted in form D-2 of this 
Regulation. 
 
Representation in Multiple Design Applications 
Article 12 
Where a multiple application has been filed, a separate graphic representation or 
photograph shall be appended for each design. If in a multiple application a design is 
represented with several graphic representa tions or photographs, all representations 
concerning the same design should be numbere d in accordance with Article 6 paragraph 7 
of this Regulation (example: 1.1, 1.2, and 1. 3 for the first design, 2.1, 2.2, 2.3 for the 
second design). 
 
Design Sample 
Article 13 
A sample of a design shall not exceed 26.2 by 17 cm in length and width, 100 grams in 
weight, and 5 mm in thickness, and is filed glued to form D-2 of this Regulation. 
Perishable products or products which are dangerous to keep shall not be accepted as 
samples. 
Samples of designs are submitted in three copies, and in the case of multiple 
applications three copies of samples shall be submitted for each design. 
Where an application concerns a design refe rred to in Article 9 paragraph 1 of this 
Regulation, the design sample shall show the structure of the design and a sufficient part of the repeated area. 
Where a deferment of the publication of a de sign has been requested, the holder of a 
registered design shall submit a graphic repr esentation of photograph of the design, in 
accordance with this Regulation, within 90 days from the expiry of the period for which deferment was sought, for the purpose of publicat ion of data in accordance with Article 15 
paragraphs 2, 3 and 4 of this Regulation. 
 
Contents of a Request for the Division of a Multiple Application 
Article 14 
A request for the division of multiple application shall contain the following: 
- an explicit request for a multiple application to be divided into several individual 
applications or multiple separated applications, 
- a designation of the total number of separated individual or multiple applications, and 
- a new application, or new applications, submitted in accordance with this Regulation. 
 IP/N/1/MNE/O/3 
 
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  Contents of the Data Contained in Decision s on Registering Designs Which is Published 
in the Official Gazette 
Article 15 
The following data from the decision on the re gistration of a design shall be published in 
the official gazette of the competent authority: 
1) The registration number of the design and th e date of issuance of the decision on the 
registration of the design and entry of the design in the Register; 
2) The number of the design application and the date of its filing; 
3) the full name or title of the design holder, with contact information; 4) a representation (appearance) of the design; 5) the name of the product or part of a pr oduct which contains the design or to which 
the design has been applied; 
6) the class and sub-class numbers according to the International Classification; 7) the full name or title of the authorized In dustrial Design Representative, if the design 
holder has one, with contact information; 
8) the full name(s) of the designer or team  of designers, with contact information, 
except if they have requested not to be named in the application, and 
9) the following data on the priority right: 
- the date and number of the first applicatio n and the name of the state in which the 
application was filed, where a Union Priority Right is concerned, or 
- the name of the exhibition, the date of op ening and date of closure, and the date of 
the first day of exhibition of the product containing the design or to which the design was 
applied, where an exhibition priority right is concerned. 
Where a deferment of publication has been sought, data referred to in paragraph 1 
items 1, 2, 3, 7 and 8 of this Article, as well as information that deferment of publication 
has been requested, shall be published in the official gazette of the competent authority. 
A representation of the design and details in connection with its appearance shall not be 
published. 
At the expiry of the period for which public ation has been deferred, the design shall be 
published in the first following issue of the official gazette of the competent authority. 
If owing to technical limitations in the publication of a graphic representation or 
photograph the representation of the characte ristics of the design is deemed disputable, 
the original copy of the representation of th e design appended to the application shall be 
deemed the authentic design of the product. 
Following publication, all interested parties are entitled to inspect the representation. 
Where a deferment has been sought, interested parties are entitled only to access 
bibliographic data about the design referred to in paragraph 2 of this Article. 
The data referred to in paragraph 1 of this Article shall be designated with INID codes 
for the purpose of identifying bibliographic data on the design. 
If during the first publication substantial faults are detected in the publication, data 
contained in the design registration decision shall be published again. 
 
Request to Enter Changes in the Register 
Article 16 
The entry of changes in the Register shall be initiated by a written request. 
The request referred to in paragraph 1 of this Article may be filed for the entry of the 
following: 
1) changes of data about the design holder which have occurred after the registration of 
the design; 
2) licences; 3) transfer of rights to the design; 
4) liens, enforcements and bankruptcy, and 
5) other data in connection with the legal status of the design holder or with the design. The request referred to in paragraph 1 of this Article shall be filed on form D-3, which is 
an integral part of this Regulation. 
 IP/N/1/MNE/O/3 
 
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  Contents of the Request to Enter Change s in the Register and the Documentation 
Appended to the Request 
Article 17 
The request referred to in Article 16 paragraph 1 of this Regulation shall contain the 
following: 
1) an explicit request for the entry of a change in the Register; 2) the registration number of the design; 
3) the design application number (the D- number); 
4) contact information for the design holder; 5) contact information for the applicant; 6) contact information of the authorized Industrial Design Representative, if the 
applicant has one; 
7) information about the type of change which is the subject of the entry and the 
contents of the change, with complete citation of the new data whose entry is being 
requested, and 
8) the signature of the applicant, or signature and seal of an Industrial Design 
Representative, if the applicant has one. 
The following shall be appended to the request referred to in paragraph 1 of this Article: 
1) proof of the legal basis of the change whose entry in the Register is being sought; 2) a certified copy of a licensing contract or a certified excerpt from that contract, or 
the original of the certificate on granting a licence signed by the licencer and the licensee, 
where the entry of a licence is being sought; 
3) a certified copy of a contract on a transfer, or a certified excerpt from that contract, 
or the original of the certificate of transfer  signed by the grantor and the grantee of the 
design, where the entry or a transfer is being sought; 
4) a certified copy of a contract on a lien, or a certified excerpt from that contract, or 
the original of the certificate on a lien signed by the lienee and the lienor, or other 
document proving the lien, where the entry of a lien is being sought; 
5) a certified copy of a document on an enforcement procedure, or bankruptcy, or a 
certified excerpt from such a document, where the entry of an enforcement or bankruptcy 
is being sought; 
6) an orderly power of attorney, if th e applicant has an Industrial Design 
Representative, and 
7) proof of payment of administrative fees and duties for the specific procedural costs. 
 
Contents of a Request for Design Protecti on Renewal and Documentation Appended to 
the Request 
Article 18 
Renewal of the protection of a design shall be initiated by a written request. 
The request referred to in paragraph 1 of this Article shall contain the following: 1) an explicit request for a renewal of the protection of the design; 
2) the registration number of the design, or the number of the design in a multiple 
application for which renewal of protection is being sought; 
3) the design application number (the D- number); 
4) the full name of the design holder, with contact information; 
5) the full name of the authorized Industrial Design Representative, if the applicant has 
one, with contact information; 
6) the signature of the applicant, or signature and seal of an Industrial Design 
Representative, if the applicant has one. 
The request referred to in paragraph 1 of this Article shall be filed on form D-4, which is 
an integral part of this Regulation. 
The following shall be appended to the request for design protection renewal: 
1) an orderly power of attorney, if the applicant has an Industrial Design 
Representative, and 
2) proof of payment of administrative fees and duties for the specific procedural costs. 
 
Delivery of Forms 
Article 19 
Copies of the forms prescribed by this Regula tion shall be delivered to parties at their 
request. IP/N/1/MNE/O/3 
 
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Entry into Force of this Regulation 
Article 20 
This Regulation shall enter into force on the eighth day from the date of its publication 
in the Official Gazette of Montenegro . 
  
 
  No: 0901-2756/2 
Podgorica, 22
nd December 2011 
The Minister 
Dr Vladimir Kavari ć, sgd. 
  
  
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