IP/N/1/MNE/E/1  
 
8 April 2013  
(13-1784)  Page: 1/10  
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 Enforcement of the Legislation that 
Regulates Protection of Intellectual Property Rights, 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 portant application de la Loi régissant la 
protection des droits de propriété intellectuelle, 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 refundido de la Ley relativa a la Observancia de 
la Legislación que regula la Protección de los De rechos de Propiedad Intelectual, 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/E/1 
 
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  THE LAW ON ENFORCEMENT OF THE LEGISLATION  
THAT REGULATES PROTECTION OF  
INTELLECTUAL PROPERTY RIGHTS 
("Official Gazette of Republic of Montenegro",  No. 25/05 and "Official Gazette of Montenegro", 
No. 37/11, 40/11) 
(consolidated text) 
 
SECTION ONE 
 
BASIC PROVISIONS 
 
Subject matter of the Law 
Article 1 
 
(1) This Law shall designate authorities responsible to enforce the legislation that regulates 
protection of intellectual property rights, re gulate procedures applicable to actions of 
responsible authorities where goods suspected of infringing intellectual property rights are 
produced, bought, sold or placed into circulation, broadcasted or used  in any other way, and 
establish penalties for commercial offences and misdemeanors. 
  (2) Provisions of this Law shall apply mutatis mutandis  to services and service providers. 
 
(3) This Law shall not apply to: 
 
1) goods that bear a trade mark with the consent of the holder of that trade mark or that 
are protected by a copyright or related righ t or a design right and that have been 
manufactured with the consent of the right holder but are placed into circulation without 
the latter's consent; 
 
2) goods that have been manufactured or bear a trade mark under conditions other than 
those agreed with the right holder; 
 
3) non-commercial goods and personal belongings, i.e., to goods intended strictly for 
personal use, provided that multiple identical copies of the same product are not being 
owned or used. 
 
Prohibition of Production and Circulation 
Article 2 
 Production, holding and placement into circulation of goods that infringe upon the intellectual property rights established by law and any in ternational agreements shall be prohibited. 
 
Article 3 
 
Article 3 has been deleted. 
 
Definitions 
Article 4 
 (1) For the purposes of this Law: 
 
1) 'intellectual property rights' shall mean copyright and related rights, trademarks, 
geographical indications, designs, patents and topographies of integrated circuits; 
 
2) 'right holder' shall mean the initial holder of an intellectual property right, any 
successor in title to such initial holder, or any other person duly authorized to use the IP/N/1/MNE/E/1 
 
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  right in accordance with the applicable law, including professional associations and 
rights management bodies representing rights holders; 
 
3) 'infringing goods' shall include but are not limited to pirated copyright goods, 
counterfeit trademark goods, goods infringing design rights,  goods infringing patents, 
goods infringing topographies of integrated circuits as well as any goods the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise 
circumvent any technological measure, a device or a component that is designed to 
prevent or restrict acts, with respect to  protected subject matter, that are not 
authorized by the right holder; 
 
4) 'pirated copyright goods' shall mean a copy of copyrighted work or any goods that 
contains copies of copyrighted works, made  without the consent of the holder of the 
copyright or related right,  or of a pers on duly authorized by the right holder; 
 
5) 'counterfeit trademark goods' shall mean: 
  
1. any goods or packaging, including goods that may not bear a counterfeit mark 
but are directly contained within packaging that bears a counterfeit trademark, bearing without authorization a trademark that is identical to, or substantially indistinguishable from, a trademark validl y registered in respect of similar or 
closely related goods or that cannot be distinguished in its essential aspects 
from such a trademark; 
 
2. any label, sticker, brochure, instructions for use, guarantee document, or other 
thing, whether presented separately or not, that includes a mark, symbol or logo that is identical to or substantially indistinguishable from a trademark 
registered in respect of goods that are similar or closely related to the goods 
with which such things are or may be associated. 
 3. any goods bearing marks that are identical to, or differ only minimally from 
registered trademarks, when used on related or similar goods. 
 
6) 'Goods infringing design rights' shall mean  any goods, produced without authorization 
of the right holder, containing a design iden tical to the design validly registered in 
respect of such goods, or which cannot be distinguished in its essential aspects from the registered design; 
 
7) 'Goods infringing patents' shall mean  any goods that are identical to patented goods 
or obtained directly by a patented process, made without authorization of the right holder; 
 
8) Item 8 has been deleted. 
 
9) Item 9 has been deleted. 
 
10) Item 10 has been deleted. 
 
11) 'Broadcaster' shall mean any natural or legal person registered for production, 
transmission and broadcasting (radio and/or television) licensed for transmission and broadcasting of a signal, in accordance with the law that regulates broadcasting 
activities.     
 (2) Any mould or matrix which is specifically designed or adapted for the manufacture of a 
counterfeit trade mark or of goods bearing such a trade mark or of pirated goods shall be 
deemed to be 'counterfeit trademark goods' or 'pirated copyright goods.' 
 
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  SECTION TWO 
 
RESPONSIBLE AUTHORITIES 
 
Responsibilities 
Article 5 
 
(1) Authorities responsible for enforcement of the intellectual property legislation shall be: state 
administrative authority in charge of economy, state administrative authority in charge of medicines and medical devices,  state administrative authority in charge of urban planning, state administrative authority in charge of tourism, state administrative authority in charge of 
culture and media and an independent regulato ry authority in charge of  broadcasting 
(hereinafter referred to as: the responsible authority)  
 
(2) Inspectorial supervision with respect to protection of intellectual property rights  within 
responsibilities of the authorities referred to in paragraph 1 of this Article  shall be performed 
by: market inspection, inspection for medicines, inspection for medical devices, building 
inspection, tourist inspection and the authorized official of the independent regulatory 
authority in charge of  broadcasting (hereinafter referred to as: the responsible inspector).  
  
Powers of the Inspector 
Article 6  
 
(1) Market inspector shall supervise production and circulation of goods that infringe industrial 
property rights (trademark, design, patent, geographical indications and topographies of integrated circuits) and the circulation of goods protected by copyrights and related rights. 
 
(2) Inspector for medicines shall supervise production and circulation of goods infringing 
industrial property rights with respect to medicines.  
 
(3) Inspector for medical devices shall supervise production and circulation of goods infringing 
industrial property rights with respect to medical devices. 
 
(4) Building inspector shall supervise building activities that infringe intellectual property rights.  
 (5) Tourist inspector shall supervise providing of services that infringe intellectual property 
rights with respect to tourism and catering.  
 (6) The authorized official of the independent re gulatory authority in charge of broadcasting 
shall supervise activities of electronic medi a with respect infringement of copyright or 
related right by unauthorized broadcasting of a protected work. 
  
SECTION THREE 
 
PROCEEDINGS OF THE RESPONSIBLE AUTHORITY 
 
Initiation of the Proceedings 
Article 7 
 
(1) Proceedings by the responsible authority for the protection of intellectual property rights 
shall be initiated ex officio  or upon the initiative-application (hereinafter referred to as: the 
application) of the right holder (hereinafter referred to as: the applicant). 
 
(2) The law that regulates inspectorial supervision shall be applicable to all matters that are not 
specifically regulated by this Law. 
 IP/N/1/MNE/E/1 
 
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  Types of the Application 
Article 8 
 (1) The application to initiate proceedings for the protection of intellectual property rights shall 
be submitted to the responsible authority in writing. 
 (2) The application may be submitted as: 
 
1) an individual application, if it is related to a particular consignment of goods;  2) a general application, where it is related to all quantities of certain goods within the 
specified period of time. 
  
Content of the Application 
Article 9 
 (1) Application referred to in Article 8 of this Law shall include description of goods that enables 
identification of infringing goods and the proof that the applicant is a right holder with 
respect to concerned goods. 
 (2) The applicant referred to in paragraph 1 of this Article may also submit other information, 
including the following:  
 
1) details identifying the consignment or packages; 
 
2) information about the place where the goods are situated or their intended 
destination; 
 
3) data on identity of the manufacturer, importer, owner or holder of the goods;  4) information about the scheduled dispatch or delivery date;  
 
5) information about the means of transport used; and  
6) sample of goods, photographs and a like. 
  (3) The general application shall specify the period during which the protection of intellectual 
property rights is being requested. 
  
Article 10 
 
Where the intellectual property right ceases to exis t during the proceedings, the right holder shall 
notify the responsible authority.   
 
Article 11 
 
All expenses incurred with respect to proceedings initiated by the application of the right holder 
shall be assumed by the applicant.  
Proceedings Upon An Application 
Article 12 
 (1) There shall be an obligation of the responsi ble inspector to act upon an application and to 
notify the applicant in writing about the supervision performed and any action taken within 
eight days as of the filing date. 
 
(2) Where the applicant requests urgent action and where sufficiently specific information 
concerning allegedly infringing goods is provided, responsible inspector shall notify the applicant about the supervision performed and any action taken within three days as of the filing date. 
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  Security 
Article 13 
 Where the measure referred to in Article 14 of this Law was taken in the proceeding initiated upon 
the application, the applicant shall, upon the requ est of the responsible inspector, provide a bank 
guarantee or an evidence of a deposit to a specially designated account, in an amount equal to any costs that may incur if the proceedings are discontinued owing to omission by the right holder or if 
it is determined, in the course of proceedings, that there was no infringement. 
 
Measures Taken by the Inspector 
Article 14 
 
(1) Where, in the course of inspectorial supervision proceedings, it was established that 
intellectual property rights were infringed by production or circulation of goods, medicines 
and medical devices, market inspector, inspector for medicines and inspector for medical 
devices shall be authorized to: 
 
1) temporary prohibit production or activity; 
 2) temporary seize goods, medicines and medical devices. 
 
(2) Where the measures referred to in paragraph 1 of this Article were taken, responsible 
inspector shall immediately, but not later than within two days,  notify in writing the right holder and/or the applicant, in order to enable them to initiate a proceedings before the 
competent court for the protection of intellectual property rights. 
 (3) The right holder shall, not later than 15 days as of the day the notification referred to in 
paragraph 2 of this Article was served,  submit to the responsible inspector a proof  that the 
proceedings before the competent court have been  initiated, or that an interim measure has 
been ordered. 
 
(4) Notification referred to in paragraph 2 of th is Article shall include the name and address of 
the person from whom the goods were seized, and of the owner, importer and manufacturer 
of the goods, if available, as well as of quantity, type of goods, etc. 
 
Taking of Samples 
Article 15 
 
Upon the request of the right holder, applicant and the person from whom the goods were seized, responsible authority shall allow samples to be taken insofar as and to the extent that such samples are needed as evidence in any proceedings before the competent court. 
 
 
SECTION FOUR 
ACTIONS WITH RESPECT TO GOODS 
 
Release of Goods 
Article 16 
 (1) Where the right holder, within a period referr ed to in Article 14, paragraph 3 of this Law did 
not notify the competent inspector the proof that the proceedings before the competent court 
have been initiated, or that an interim measure has been ordered, temporary seized goods 
shall be released to the person from whom they were seized. 
 
(2) Where the proceedings before the competent co urt have been initiated, but the court has not 
ordered any interim measures to temporary prohibit production or circulation of goods, temporary seized goods shall be released to the person from whom they were seized. 
 
(3) Where the responsible inspector was provided  with the proof that the competent court has 
ordered an interim measure, the responsible inspector shall dispose with temporary seized goods in accordance with such order. 
 IP/N/1/MNE/E/1 
 
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  Compensation of Damages 
Article 17 
 (1) The responsible authority and/or responsible inspector shall not be liable to compensate for 
any damages resulting from temporary seizure of goods upon the application of the right 
holder. 
 
(2) Where it was determined in the course of proceedings upon the application of the right holder 
that the goods were seized without justification, the applicant shall be liable to compensate to the person from whom the goods were temporary seized for any damages caused by such seizure. 
 
Destruction of Goods 
Article 18 
 
(1) Responsible inspector shall be authorized to destroy the goods, upon the court order or ex 
officio . 
 
(2) Responsible inspector may destroy temporary se ized goods ex officio if the owner of goods 
or the person from whom the goods were temporary seized is not accessible by the responsible inspector within 30 days as of the day of seizure of goods. 
 
 
SECTION FIVE 
 
PENAL PROVISIONS 
 
I. ECONOMIC OFFENCES 
 
Article 19 
 
Article 19 has been deleted. 
 
Article 20 
 
Article 20 has been deleted. 
 
Article 21 
 (1) Any company or any other form of a commercial entity that:  
1) without authorization affixes a mark protected by a trademark, a mark for which 
trademark application has been filed or a mark that is well-known in Serbia and Montenegro to its goods or a package thereof; 
 
2) without authorization offers, places into circulation, stores the goods for such 
purposes or provides services under the mark protected by a trademark, a mark for 
which trademark application has been filed or a mark that is well-known in Serbia and 
Montenegro.  
 
3) without authorization, imports or exports the goods under the mark protected by a 
trademark, a mark for which trademark application has been filed or a mark that is 
well-known in Serbia and Montenegro. 
 
4) without authorization, in its business documents or for advertising purposes,  uses the 
mark protected by a trademark, a mark  for which trademark application has been filed or a mark that is well-known in Serbia and Montenegro; 
 
shall be fined € 3,000 – € 30,000 for the economic offence. 
 IP/N/1/MNE/E/1 
 
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  (2) Any company or any other form of a commercial entity that in its commercial activities uses: 
 
1) a mark created by imitation of the mark protected by a trademark, a mark for which 
trademark application has been filed or a mark that is well-known in Serbia and 
Montenegro; 
 
2) a mark protected by a trademark, a mark  for which trademark application has been 
filed or a mark that is well-known in Serbia and Montenegro, with the addition of the 
words 'type', 'manner', 'according to the procedure' or a like. 
 
shall also be fined for the economic offence by the fine referred to in paragraph 1 of this 
Article. 
 (3) Any person in the company or any other form of commercial entity responsible for any 
commercial offence referred to in paragraphs 1 and 2 of this Article shall be fined € 300 – 
€ 3,000.  
 
(4) The objects of the economic offences and the devices used or intended to be used to commit 
the commercial offence referred to in paragraphs 1 and 2 of this Article shall be forfeited, and the objects of the economic  offence shall be destroyed. 
 
Article 22  
 (1) Any company or any other form of a commercial entity that without authorization: 
 
1) fabricates, industrially or handcrafted, products intended to be marketed, based on a 
protected design or a design for which design application has been filed; 
 
2) uses any product protected by the design right and/or any products fabricated based 
on a design for which design application has been filed;  
 
3) offers, places into circulation and stores for such purposes any products fabricated 
based on a design for which design application has been filed; 
 
4) imports or exports any products protected by the design right and/or any products 
fabricated based on a design for which design application has been filed; 
 
shall be fined € 3,000 – € 30,000 for the economic offence. 
 (2) Any company or any other form of a commercial entity that commits any act referred to in 
paragraph 1, items 1-4 with respect to any products created by imitation of a protected 
design and/or a design for which design application has been filed shall be fined for the 
economic offence by the fine referred to in paragraph 1 of this Article. 
 
(3) Any person in the company or any other form of commercial entity responsible for any 
commercial offence referred to in paragraphs 1 and 2 of this Article shall be fined € 300 – € 3,000. 
 
(4) The objects of the economic offences and the devices used or intended to be used to commit 
the commercial offence referred to in paragraphs 1 and 2 of this Article shall be forfeited, and the objects of the economic offence shall be destroyed 
 
Article 23 
 
(1) Any company or any other form of a commercial entity that publicizes the subject of another 
persons' design application without authorization shall be fined € 1,000 – € 10,000 for the economic offence. 
 
(2) Any person in the company or any other form of commercial entity responsible for any 
commercial offence referred to in paragraph 1 of this Article shall be fined € 100 – € 1,000. 
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  Article 24 
 (1) Any company or any other form of a commercial entity that without authorization 
manufactures, imports, exports,  offers to place into circulation or places into circulation, 
stores or uses in its commercial activity any product or process protected by a patent,  shall 
be fined € 3,000 – € 30,000 for the economic offence. 
 
(2) Any person in the company or any other form of commercial entity responsible for any 
commercial offence referred to in paragraph 1 of this Article shall be fined € 300 – € 3,000. 
 (3) The objects of the economic offences and the devices used or intended to be used to commit 
the economic offence referred to in paragraph 1 of this Article shall be forfeited, and the 
objects of the economic offence shall be destroyed. 
 
 
II. MISDEMEANORS 
 
Article 25 
 
Article 25 has been deleted. 
 
Article 26 
 Any natural person shall be fined for the mi sdemeanor in the amount of € 100 – € 1,000 if: 
 
1) Item 1 has been deleted; 
 
2) without authorization affixes a mark protected by a trademark, a mark for which 
trademark application has been filed or a mark that is well-known in Serbia and Montenegro to its goods or a package thereof; 
 
3) without authorization offers, places into circulation, stores the goods for such 
purposes or provides services under the mark protected by a trademark, a mark  for which trademark application has been filed or a mark that is well-known in Serbia and 
Montenegro; 
 
4) without authorization, imports or exports the goods under the mark protected by a 
trademark, a mark for which trademark application has been filed or a mark that is 
well-known in Serbia and Montenegro; 
 
5) without authorization, in its business documents or for advertising purposes,  uses the 
mark protected by a trademark, a mark  for which trademark application has been 
filed or a mark that is well-known in Serbia and Montenegro; 
 
6) uses a mark created by imitation of the mark protected by a trademark, a mark for 
which trademark application has been filed or a mark that is well-known in Serbia and Montenegro; 
 
7) uses a mark protected by a trademark, a mark  for which trademark application has 
been filed or a mark that is well-known in Serbia and Montenegro, with the addition of the words 'type', 'manner', 'according to the procedure' or a like; 
 
8) fabricates, industrially or handcrafted, products intended to be marketed, based on a 
protected design or a design for which design application has been filed; 
 
9) uses any product protected by the design right and/or any products fabricated based 
on a design for which design application has been filed; 
 
10) offers, places into circulation and stores for such purposes any products fabricated 
based on a design for which design application has been filed; 
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  11) imports or exports any products protected by a design right or fabricated based on a 
design for which design application has been filed; 
 
12) commits any act referred to in items 8-11 of this Article with respect to products 
created by imitation of a protected design an d/or a design for which design application 
has been filed; 
 
13) Item 13 has been deleted. 
 
14) Item 14 has been deleted. 
 
15) Item 15 has been deleted. 
 
 
SECTION SIX 
TRANSITIONAL AND FINAL PROVISION 
 
Article 27 
 At the date when this Law comes into force, the provisions of Article 31, paragraphs 1, 3 and 4 of the Law on Cinematography shall cease to effective. 
 
Article 28  
 
This Law shall come into force on the eight day after its publication in the Official Gazette of the 
Republic of Montenegro, and shall be effective as of January 1, 2006.  
 
 
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