IP/N/1/MNE/L/1  
 
8 April 2013  
(13-1788)  Page: 1/8  
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 
M
ONTENEGRO  
This document reproduces the text1 of the Law on the Protection of Topographies of Integrated 
Circuits, as notified by Montenegro on 21 Fe bruary 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 
M
ONTÉNÉGRO  
Le présent document contient le texte1 de la Loi sur la protection des topographies de circuits 
intégrés, 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 de Protección de las Topografías de 
Circuitos Integrados, 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/L/1 
 
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  Pursuant to Article 82 paragraph 1 item 2 and Article 91 paragraph 1 of the Constitution of 
Montenegro, the Parliament of Montenegro in its 24
th convocation, and at the fifth session of the 
second regular meeting in 2010 on 9/12/2010, hereby enacts the 
LAW 
ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS 
 
(''Official Gazette of Montenegro'', No. 75/10) 
 
I. BASIC PROVISIONS 
 
 
Subject-Matter 
 
Article 1 
This Law shall regulate the requirements for the pr otection of topographies of integrated circuits, 
the rights of their creators and the rights  of holders of the protected topographies. 
 
 
Right to Protection 
 
Article 2 
The right to the protection of the topography of an integrated circuit (hereinafter: the topography) 
shall belong to its creator.  
 
If a topography has been created jointly by two or  more creators, all creators of such topography 
shall be entitled to the protection right. 
 
The employer of the creator of a topography or a person who has commissioned the creation of a 
topography shall be entitled to the protection of any such topography created in the course of the 
creator's employment or on the basis of a commi ssion, unless otherwise provided by the contract. 
 
Definitions 
 
Article 3 
An integrated circuit, for the purposes of the pr esent Law, shall mean a finished or semi-finished 
product intended for the performance of an electr onic function and incorporating, in a piece of 
material, one or more interconnected layers consisting of integrated elements, one of which at least 
is an active element.   A topography, for the purposes of the present La w, shall be a unique set of three-dimensionally 
disposed images, however expressed or coded for ea ch layer, comprising an integrated circuit. 
 Commercial use of topographies of integrated circuits, for the purposes of the present Law, shall 
mean the manufacture, sale, leasing or renting of a topography, or of an integrated circuit 
manufactured on the basis thereof, or the marketin g of such topography or integrated circuit by 
other means, unless the use of the topography is subject to provisions concerning confidentiality. 
 
Topographies Register 
 
Article 4 
The provisions of the law governing general administrative procedures shall be applicable to the 
procedure for topography registration and protec tion unless otherwise prescribed by the present 
Law. 
 
The Register of Topographies (hereinafter: the Register) shall be maintained by the competent 
authority responsible for intellectual property issues (hereinafter: the competent authority). 
 IP/N/1/MNE/L/1 
 
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The Register shall be open to the public. 
 Decisions handed down by the competent authority shall be subject to an appeal filed with the 
government department in charge of industrial  property issues (hereinafter: the Ministry). 
 
Equality of Foreign and National Persons 
 
Article 5 
Foreign legal and natural persons shall have the same rights as national legal and natural persons with respect to the registration and legal protection of topographies in Montenegro, provided this 
results from ratified international agreements or the principle of reciprocity.  
 Proof of the existence of reciprocity as 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: the Representative) entered in the Register 
of Patent Representatives maintained by the comp etent authority or by a lawyer entered in the 
Montenegro Bar Association Register.  
 
II. REQUIREMENTS FOR PROTECTION    
Originality of Topography 
 
Article 6 
A topography may be protected if it is original. 
 A topography shall be considered original if it is the result of an intellectual effort on the part of its creator, and if it was not known at the time of its creation and/or was not in use in the integrated 
circuit industry. 
 If a topography consists of a combination of elemen ts which are well known in the integrated circuit 
industry, protection shall be granted only for the combination of such elements, provided that it 
meets the requirements referred to in the second paragraph of the present article.  
Content, Limitations and Lapse of Exclusive Rights 
 
Article 7 
The holder of rights in a protected topography shall have an exclusive right to its commercial use. 
 
The protected topography rights holder referred to in the first paragraph of the present article shall 
be entitled to prevent other persons from: 
 
1)  reproducing the protected topography in any way or in any form without authorization 
2)  importing or marketing without authorization a topography or an integrated circuit 
manufactured on the basis of a protected topography. 
 
The exclusive rights referred to in the first paragr aph of the present article shall not apply to the 
following: 
 
1)  a reproduction of a topography intended for non-commercial use 2)  a reproduction of a topography intended for analysis, evaluation or familiarization with 
the blueprint, process, system or techniques used in the manufacture of a topography 
or in the topography itself. 
 
The exclusive rights referred to in the first paragraph of the present article shall lapse when the 
protected topography and/or integrated circuit cont aining such topography is put on the market by 
the rights holder or by a person authorized by the rights holder.   IP/N/1/MNE/L/1 
 
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III. REGISTRATION PROCEDURE  
Filing of the Application 
 
Article 8 
The procedure for registering a topography shall be initiated by filing an application with the 
competent authority for the entry of the topography  in the Register (hereinafter: the application). 
 The application referred to in the first paragraph of the present article shall consist of the 
application for the recognition of the right to a topography and the relevant annexes. 
 The application for the recognition of the right to a topography shall comprise: 
 
1)  the name of the topography 2)  information about the applicant and the creator of the topography if the applicant is not 
the creator of such topography 
3)  the application's filing date 4)  the date of the topography's creation if the topography has not been commercially 
exploited, or the date and place of its fi rst commercial exploitation anywhere in the 
world. 
 
The application for the recognition of the right to a topography shall be accompanied by the 
following annexes: 
 
1)  a description of the topography, including data defining the electronic function 
performed by the integrated circuit manufactured according to the topography 
2)  a graphic representation of the topography or its representation in another appropriate 
form identifying it 
3)  if the integrated circuit has been comme rcially exploited, a copy of the integrated 
circuit manufactured according to the topography for which protection is sought  
4)  proof of the topography's commercial exploitation  5)  a statement of entitlement to file the app lication if the applicant is not the creator of 
the topography. 
 A separate application shall be filed for each topography. 
 
The application and supporting documents for the topography's registration shall not be made available to the public before the date of public ation of the topography's registration without the 
prior consent of the applicant.  
 
The regulations issued by the Ministry shall pr escribe the particulars of the content of the 
application referred to in the first paragraph of the present article. 
 
Processing the Application 
 
Article 9 
An application shall be deemed correct and complete if it meets the requirements referred to in Article 8 of the present Law and if the prescribed administrative fee has been paid.  
The competent authority shall enter on the application its filing date and application number. 
 If the competent authority establishes that the application is not correct and complete, it shall 
notify the applicant accordingly, requesting that he/she eliminate the deficiencies within sixty days 
of receiving the notification.  
If the applicant remedies the deficiencies within the period referred to in the third paragraph of the 
present article, the application shall be deemed to have been correct and complete ab initio . 
 IP/N/1/MNE/L/1 
 
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Should the applicant fail to remedy the deficiencies within the period referred to in the third 
paragraph of the present article, the application sh all be deemed to have been withdrawn, and the 
competent authority shall take a decision rejecting the application.  
 
At the request of the applicant, the competent authority may extend the time limit referred to in the third paragraph of the present article for a maximum of sixty days. 
 
Proceedings before a competent authority shall be subject to the payment of administrative fees pursuant to the law governing administrative f ees, procedural fees and fees for information 
services. 
 
The regulations of the Government of Montenegro shall determine the amounts of procedural fees 
and of fees for information services.  
 
Topography Registration 
 
Article 10 
The competent authority shall take a decision on the registration of a topography and shall enter the topography in the Register on the basi s of a correct and complete application. 
 
The date on which the decision to register a topograp hy is issued shall be considered as the date on 
which the topography was entered in the Register.   
The Register of Topographies shall contain in particular: registration number, application number 
and date, date of entry in the Register, information on the rights holder, information on the creator, 
and rights expiry date. 
 
The data given in the decision referred to in th e first paragraph of the present article shall be 
published in the Official Gazette issued by the competent authority.  
Final court decisions and decisions of competent authorities shall be entered in the Register. 
 The regulations issued by the Ministry shall prescr ibe the content of the Register in more detail. 
 
 IV. TERM AND LAPSE OF PROTECTION  
 
Commencement and Term of Protection 
 
Article 11 
Protection shall commence on the date of the topography's entry in the Register. 
 Rights in the topography shall subsist for ten years commencing on the day the application is filed 
with the competent authority. 
 If the topography has been used commercially for the first time anywhere in the world prior to the 
application's filing date referred to in the second paragraph of the present article, protection shall 
subsist for ten years from the date on which the topography was used for the first time.  The application may not be filed after the expiry of a two-year period following the first commercial 
use of the topography. 
 During the protection period the holder of the pr otected topography shall be entitled to mark the 
integrated circuit with the letter T. 
 IP/N/1/MNE/L/1 
 
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  Lapse of Protection 
 
Article 12 
Rights in the topography shall lapse on the expiry  of a ten-year period commencing at the end of 
the calendar year in which the application was filed and/or at the end of the calendar year in which the topography was used commercially for the first time anywhere in the world. 
 
The validity of topography rights shall expire before the period referred to in the first paragraph of the present article if the prescribed administrative fees have not been paid or if the holder of the 
protected topography waives his/her rights therein. 
 
Notwithstanding the second paragraph of the present article, the rights in the protected topography 
shall lapse fifteen years after the topography was regi stered or coded for the first time if it has not 
been used commercially since and if the application referred to in Article 11 of the present Law has 
not been filed.  
 
V. CIVIL LAW PROTECTION  
Challenging the Right to Protection 
 
Article 13 
Any legal or natural person may file a complaint with the competent authority challenging the right 
to topography protection registered in the name of the defendant and seeking to establish: 
 
1) that the topography is not original 
2) that the images of the topography do not enable it to be identified. 
 
Infringement of Rights 
 
Article 14 
The topography rights holder may file a complaint requesting the competent authority to confirm that the topography rights have been infringed. 
 
In the complaint filed with the competent authority, the plaintiff shall be entitled to demand the following: 
 
1)  confirmation that trade mark rights have been infringed 2)  termination of the infringement of trade mark rights 3)  compensation for material damage and reasonable reimbursement of costs incurred as 
a result of the proceedings 
4)  a ban on further reproduction of the topography 5)  a ban on the export and marketing of integrated circuits manufactured on the basis of 
the protected topography 
6)  publication of the judgment at the defendant's expense. 
 
The section of the patent law relating to civil la w protection shall apply to the topography rights 
infringement procedure.  
Unintentional Infringement 
 
Article 15 
A person using an integrated circuit containing a protected topography for commercial purposes 
without being aware or in a position to be aware that the product's topography is protected shall 
not be prevented from using such integrated circuit commercially.  
The topography rights holder may seek payment of adequate compensation for further use of an 
integrated circuit from the moment the person referred to in the first paragraph of the present article becomes aware or is in a position to be come aware that the protected topography rights 
have been infringed.  IP/N/1/MNE/L/1 
 
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The amount of the compensation referred to in th e second paragraph of the present article shall 
depend on the extent to which the protecte d topography has been used commercially. 
 
The provisions of the present article shall apply to the legal successor of the person referred to in 
the first paragraph of the present article. 
 
The right to commercial use referred to in the first paragraph of the present article shall be limited to the import, sale or distribution of integrated circuits or other products containing integrated circuits. 
 
 VI. TRANSITIONAL AND FINAL PROVISIONS 
 
Recognized Rights 
 
Article 16 
Topographies entered in the Register of Topograp hies at the Serbia and Montenegro Intellectual 
Property Institute (hereinafter: the Serbia and Mont enegro Institute) and/or the Serbia Intellectual 
Property Institute (hereinafter: the Serbia Institut e) up to 28/05/2008 shall be valid until the expiry 
of their validity, and/or until the expiry of the pe riod for which the Serbia Institute has been paid 
the rights renewal fee pursuant to the law, there being no registration requirement or requirement 
to pay a special fee. 
 
Topographies for which the competent authority has issued a topography recognition certificate in the form of a note affixed to a copy of the certif icate issued by the Serbia and Montenegro Institute 
or the Serbia Institute shall be entered in the Re gister by the competent authority within one year 
from the date on which this Law enters into force, there being no requirement for the filing of a separate application.  
The competent authority shall issue the rights recognition certificate for topographies for which 
rights recognition applications have been filed and enter those topographies in the Register within one year from the date on which the present Law enters into force. 
 
Topography renewal applications and topography assignment applications for the topographies referred to in the first paragraph of the present arti cle shall be deemed to be applications for entry 
in the Register.  
 The existence of a topography as referred to in the first paragraph of the present article shall be confirmed by a topography document and/or certificate issued by the Serbia Institute. 
 
By-laws 
 
Article 17 
By-laws for the enforcement of the present Law shall be adopted within six months from the date on which this Law enters into force. 
 
Until the adoption of the by-laws referred to in th e first paragraph of the present article, the by-
laws adopted under the Law on the Protection of Topographies of Integrated Circuits (Official Gazette of Serbia and Montenegro No. 61/04) shall apply. 
 
Cessation of Applicability 
 
Article 18 
The Law on the Protection of Topographies of Inte g rate d Circ ui ts  (Offic ial G aze tte  of Serb ia and  
Montenegro No. 61/04) shall cease to apply as of the date on which the present Law enters into 
force. 
 IP/N/1/MNE/L/1 
 
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  Entry into force 
 
Article 19 
This Law shall enter into force on the eighth day from the date of its publication in the Official 
Gazette of Montenegro.  
SU-SK No. 01-589/6 
Podgorica 9 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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