IP/C/W/117/Add.36  
 
8 February 2019  
(19-0749) Page: 1/29 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW UNDER ARTICLE  24.2 OF THE APPLICA TION OF THE  
PROVISIONS OF THE SE CTION OF THE TRIPS A GREEMENT  
ON GEOGRAPHICAL INDI CATIONS  
RESPONSES TO THE CHE CKLIST OF QUESTIONS1 
MONTENEGRO  
Addendum  
The present document contains the responses to the Checklist of  Questions which the Secretariat 
has received from the delegation of Montenegro by means of commu nications dated 
30 November  2018.  
 
 
_______________  
 
 
A GENERAL  
1. Is protection for geographical indications provided through unfair competition law, e.g., 
passing off, false designation of origin; through a formal procedure for 
notification/registration before protection is available; or through both? Does the 
recognition of a geographical indication require registration?  
 
The Law on Indications of Geographi cal Origin, the Law on Quality Schemes  for Agricultural, the Law 
on Wine and the Law on Spirit Drinks prescribe that protection of geographical indications is provided 
through formal procedure for registration (protection is available after registration). Recognition of 
geographical indication requires registration.  
 
Protection of geographical indications for agriculture and food products is regulated  through these 
laws.  
 
2. Is there one single regime of protection of geographical indications for all produ cts? If 
not, identify the different regimes.  
 
The Law on Indications of Geographical Origin prescribes that this Law shall not apply to products 
and services where acquisition, legal protection and the exercise of rights in respect of the use of 
the indica tion of geographical origin is regulated by a specific regulation.  
 
The Law on Quality Schemes  for Agricultural and Food Products prescribes protection for agricultural 
and food products. The provisions of this Law shall not apply to spirit drinks and prod ucts of grapes 
and wine, except for wine vinegar.  
 
The Law on Wine prescribes protection of geographical indications for wines and Law on Spirit Drinks 
prescribes  provisions for spirit drinks.  
                                                
1 Documents IP/C/13 and IP/C/13/Add.1. The four questions communicated in IP/ C/13/Add.1 have been 
added to Sections A, B and F of the Checklist and appear as questions 7(a), 16(a), 16(b) and 46(a).  IP/C/W/117/Add.36  
 
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3. Do(es) the regime(s) of protection of geographical indications also extend to services?  
 
In accordance with  the Law on Indications of Geographical Origin , protection of geographical 
indications also extends to services.  
 
4. What provisions of law or regulations are directed to the recognition of geographic al 
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement? Citations to laws 
should be provided and, if the texts of the laws have not been notified to the WTO, copies 
should be provided pursuant to Article 63.2.  
 
In accordance with Article 9 of the Constitution of Montenegro, the ratified and published 
international agreements (such as TRIPS Agreement) shall make an integral part of the internal legal 
order, shall have the supremacy over the national legislation an d shall be directly applicable when 
they regulate the relations differently from the internal legislation. In accordance with above 
mentioned Article 9 of the Constitution of Montenegro, interested parties have legal means to 
prevent use of geographical in dications as referred  to in Article 22.2 of the TRIPS Agreement.  
 
Also, the Law on Indications of Geographical Origin prescribes that a name that can create confusion 
among consumers that the product originates from the geographic area that is not the true place of 
origin shall not be protected.  
 
5. If the required recognition of geographical indications is not provided through statutes 
or regulations, please explain, in detail, the mechanism or mechanisms through which the 
protection required is provided.  
 
Recognition of geographical indications is provided through regulations/laws.  
 
6. Please provide a few examples of domestic geographical indications protected in 
accordance with the means discussed above and indicate the means by which such 
protection is  provided.  
 
In accordance with the Law on Quality Schemes  for Agricultural and Food Products a ham produced 
under specific conditions in a place called Njeguši is labelled with a protected geographical origin 
named "Njeguški pršut " and a kind of cheese pro duced in Pljavlja city bears the protected 
designation of origin named "Pljevaljski sir ".  
 
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the 
TRIPS  Agreement provided for any other product? If so, please specify such products and 
the law under which they are protected.  
 
The Law on Quality Schemes  for Agricultural and Food Product  prescribes protection for all 
agricultural and food products.  
 
7(a). D oes your economy 's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or spirits against products not originating in 
the place indicated by the geographical indication, even where the true origin of the goods 
is indicat ed or the geographical indication is used in translation or accompanied by 
expressions such as "kind", "type", "style ", "imitation " or the like?  
Yes, in our legislation such provisions are prescribed. In the case of wine, it is regulated by the Wine 
Law, a nd in the case of spirits it is regulated by the Law on Spirit Drinks.  
 
Namely, in Article 29, paragraph 3 .a) of Wine Law, it is stipulated that:  
 
"Traditional terms shall be protected, only in the language and for the categories of 
grape vine products claimed in the application, against:  
a) any misuse of the protected term, including where it is accompanied by an 
expression such as "style", "type", "method ", "as produced in ", "imitation ", 
"flavour ", "like" or similar. " IP/C/W/117/Add.36  
 
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  In accordance with Article 59, Par agraph 7 of the Law on Spirit Drinks, it is regulated that:  
 
"Spirit drinks not meeting the requirements of any of the categories may not be 
described, presented or labelled using phrases such as "like", "type", "style", "made ", 
"flavour " or other similar terms associated with any denomination of spirit drinks 
indicated in this law and/or with geographical indications registered in accordance with 
this Law. " 
B  DEFINITION AND CRIT ERIA FOR RECOGNITION  
8. How are geographical indications def ined?  
 
The Law on Indications of Geographical Origin prescribes that a geographical indication shall be the 
indication that identifies certain goods as goods originating from the territory of a specific country, 
region or a locality within such territory, where a specific quality, reputation or other characteristics 
of the goods can be essentially attributed to their geographical origin.  
 
The Law on Quality Schemes  for Agricultural and Food Product pres cribes two kinds of geographical 
indications:  
 
Designat ion of origin and geographical indication  
 
Article 5  
 
(1) Designation of origin means the name of a region, a specific place, or, in exceptional cases, a 
state used to identify an agricultural of food product:  
- Originating in that region, place or state, as appropriate;  
- The quality or characteristics of which are exclusively or essentially due to particular natural 
and human factors of a defined geographical environment ;  
- Production, processing and preparation of which take place in a defined geographical area.  
 
(2) Geographical indication means the name of a region, a specific place or, in exceptional cases, a 
state used to identify an agricultural or food product:  
- Originating in that region, place or state, as appropriate;  
- Which has a spe cific quality, reputation or other characteristics attributable to its geographical 
origin ;  
- Production and/or processing and/or preparation of which take place in a defined geographical 
area. 
 
The Law on Spirit Drinks prescribes one kind of geographical  indicatio n: 
 
Geographical indication  
 
Article 75  
 
Geographical indication in terms of this Law are indications identifying a spirit drink originating in 
the territory of a country, region or locality of that country, where a given quality, reputation or 
other characteristics of that spirit is essentially attributable to its geographical origin.  
 
9. Would such a definition comprise geographical indications identifying products of a 
certain  quality or reputation which are indirectly linked to a specific regi on? 
 
According to the Law on Indications of Geographical Origin no, but in the case of regulations by 
which  is regulated Geographical  indications  for agricultural and food products, alcohol spirit d rinks 
and wines yes.  
 
10. In determining whether recognition should be given a geographical indication, what 
criteria  are considered?  
 
Law on Indications of Geographical Origin  
 IP/C/W/117/Add.36  
 
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  Initiation of the Proceedings for the Registration of the  Appellation of Origin or the 
Geographical Indication  
 
Article 14  
 
(1) The proceedings for the registration of the appellation of origin and geographical indication shall 
be initiated by the appropriate application.  
 
(2) The application for the registration of an appellation of origin or a geographical indication may 
be filed by the following persons:  
1) Associations of natural and legal persons, commercial associations, associations of 
consumers, state and local authorities interested in protection of an appellation of origin or a 
geographical indication, within their act ivities;  
2) Foreign natural or legal persons, or foreign associations if an appellation of origin or a 
geographical indication were recognized in the country of origin, when it stems from the 
international agreements ;  
3) Domestic natural and legal persons  who, within a specified geographical area, produce 
products that bear the name of such geographical area, provided the following requirements 
are met:  
- That, at the time of filing of the application are the only producers or processors or service 
provide rs for whom the registration of an appellation of origin or a geographical indication is 
requested;   
- That the geographical area has the characteristics that significantly differ from those of the 
adjacent area or that the characteristics of the product d iffer from those of the product 
originating from the adjacent areas.    
 
(3) The application for registration of an appellation of origin or a geographical indication may be 
related to only one geographical indication or a name and to only one type of prod uct. 
(4) The prescribed fee shall be payable for the application for the registration of the appellation of 
origin or a geographical indication.  
 
Essential Elements of the Application  
 
Article 15  
 
The following shall be the essential elements of the application:  
1) A request for the registration of an appellation of origin or a geographical indication, as the 
case may be;  
2) A description of the geographical area;   
3) An information on specific characteristics of the product.  
 
Request for the Registration of an Appellation of Origin  
Or a Geographical Indication  
 
Article 16  
 
(1) A request for registration of an appellation of origin or a geographical indication shall include:  
1) Particulars of the applicant;  
2) Geographical name to be protected;  
3) Type of a product to which the geographical indication applies;  
4) The name of the region or a locality of origin of the product to be marked by a geographical 
name;  
5) A signature of the applicant;   
6) A proof that the prescribed fee has been paid.  
 
(2) Where the applicant is a foreign natural or legal person or a foreign association, the application 
referred in paragraph 1 of this Article shall be accompanied by a public document verifying that the 
appellation of origin or a geographical indication h as been recognized in the country of origin.  
 
(3) An application for the registration of an appellation of origin, along with the elements referred 
to in paragraph 1 of this Article, shall also include an information on the organization authorized to 
control the quality of a product.  IP/C/W/117/Add.36  
 
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(4) An application for the registration of a geographical indication, along with the elements referred 
to in paragraph 1 of this Article, may include the appearance of the geographical indication if 
comprising of words and pos sible figurative elements or figurative elements only, suitable to identify 
geographical origin of certain goods.  
 
Description of the Geographical Area  
 
Article 17  
 
Description of the geographical area shall comprise information on the geographical area where the 
product originates from and shall include specifics on administrative borders of such area, its 
geographical map and the information on human factors suitable to cause specific characteristics, 
quality and reputation of the concerned product.  
 
Information on Specific Characteristics of the Product  
 
Article 18  
 
In case of an application for the registration of a geographic indication, an information on specific 
characteristics of the product shall comprise detailed description of the production m ethod of the 
product, precise indication of specific characteristics or quality of the product, including information 
on the reputation acquired, on persons authorized to use the geographical indication and conditions 
for such a use as well as rights and o bligations of the user of the geographical indication.  
 
 
 
 
Examination of the Registration Requirements  
 
Article 22  
 
(1) Where the application for the registration of an appellation of origin or a geographical indication 
is complete within the meaning of Article 21, paragraph 1 of this Law, the responsible authority shall 
examine whether the requirements for the registration of an appellation of origin or a geographical 
indication have been met.  
 
(2) During the examination referred to in paragraph 1 of thi s Article, where the applicant is a 
domestic person or association of persons referred to in Article 14, paragraph 2, items 1 and 3 of 
this Law, the responsible authority shall obtain an opinion of the state administrative authority 
responsible for the sub ject of examination, which shall be taken into account when deciding on the 
application of the member state where an appellation of origin or a geographical indication for the 
registration of an appellation of origin or a geographical indication.  
 
Decision  to Deny the Registration  
 
Article 23  
 
(1) Where the responsible authority determines that the application for the registration of an 
appellation of origin or a geographical indication does not meet requirements for the registration 
under this Law, the responsible authority shall notify the applicant in writing stating the reasons for 
denial to register an appellation of origin or a geographical indication, as the case may be, and 
inviting him to comment those reasons within 60 days.  
 
(2) Upon the substa ntiated request of the applicant and the payment of the prescribed fee, the 
responsible authority may extend the time limit referred to in paragraph 1 of this Article for as long 
as it finds appropriate, but not longer than three  months.  
 
(3) The responsi ble authority shall decide to deny the registration of an appellation of origin or a 
geographical indication if the applicant for the registration of an appellation of origin or a 
geographical indication does not comment reasons referred to in paragraph 1 of this Article.  
 IP/C/W/117/Add.36  
 
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  11. Is there any human creativity involved in the making of specific products under 
protection by the system of geographical indications? If so, how much? And do these 
products involve any human factors?  
 
It is not specifically prescribed  by legislation which regulated protection of geographical indications 
for agricultural and food products, wine and spirit drinks (Law on Quality Schemes for Agricultural 
and Food Products, Law on Wine and Law on Spirit Drinks).  
 
According to the Law on In dications of Geographical Origin no.  
 
12. Are there any other intellectual property rights involved, such as patents for example?  
 
According to the Law on Indications of Geographical Origin no.  
 
13. What authority, if any, may define the geographic region  or area for which rights are 
claimed and on what basis is such definition made?  
 
The Law on Indications of Geographical Origin does  not prescribe which authority may define the 
geographic region or area for which rights are claimed.  
 
14. Does your legisla tion contain criteria for homonymous geographical indications for 
wines?  
 
Yes. 
 
15. Does your national legislation provide for recognition and protection of geographical 
indications or appellations of origin of foreign countries?  
 
Yes. The Law on Indications of Geographical Origin prescribes that the application for the registration 
of an appellation of origin or a geographical indication may be filed by foreign natural or legal 
persons, or foreign associations if an appellation of origin or a geog raphical indication were 
recognized in the country of origin, when it stems from the international agreements.  
 
16. Is there any specific prohibition in the legislation/regulations/rules/procedures 
covering geographical indications not protected in the cou ntry of origin? If so, please 
specify the relevant statutory provision.  
 
Yes. In the case of Law on Quality Schemes  for Agricultural and Food Product it is prescribed by the 
Article 15 .  
 
The Law on Indications of Geographical Origin prescribes that the ap plication for the registration of 
an appellation of origin or a geographical indication may be filed by foreign natural or legal persons, 
or foreign associations if an appellation of origin or a geographical indication were recognized in the 
country of ori gin, when it stems from the international agreements.  
 
16(a). Is there a clear distinction among the terms "geographical indications ", 
"appellations of origin " and "indications of source " in your economy 's industrial property 
law and/or related law, or are  there any substantive criteria to distinguish these terms?  
In accordance with our legislation there are three laws by which geographical indication are 
regulated. As we already have mentioned above, for wine and spirit drinks it has two separate laws. 
For other agricultural and foodstuff products geographical indication are regulated by Law on quality 
schemes for agricultural products and foodstuffs.  
 
A product name identified as a geographical indication is one that is closely linked to a specific 
product ion area. This concept encompasses protected designations of origin (PDOs) and protected 
geographical indications (PGIs) for foods and wines, while spirits and aromatised wines have 
geographical indications.  
 IP/C/W/117/Add.36  
 
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  16(b). Does your legislation contain criteria for homonymous geographical indications for 
wines and spirits?  
In our legislation criteria for homonymous geographical indications for wines and spirits are 
prescribed. Regarding to the Wine Law provisions . 
 
In accordance with the Spirit Drinks Law by Art icle 77 it is prescribing the next:  
 
"Homonymous geographical indications meeting the requirements of this Law may be 
registered respecting the local and traditional usage and the risk of confusion.  
Homonyms name misleading the consumer into believing that  the product comes from 
another territory shall not be registered even if the name is accurate in terms of actual 
territory of the state, region or place of origin of the product in question.  
The use of registered homonymous geographical indications shall authorise where there 
is a clear distinction in practice between the homonym registered subsequently and the 
name already registered, with due regard to treating producers in an equitable manner 
and not misleading the consumers. " 
In case of the Wine Law, i t has implementing regulations by which criteria for homonymous 
geographical indications for wines are regulated.  
 
C PROCEDURE FOR RECOGN ITION  
17. With respect to any formal system for recognition of geographical indications, must 
the applicant be a governmental organization or can a private entity own the rights to a 
geographical indication?  
 
In accordance with Article 14 paragraph 2 of the Law on Indications of Geographical Origin an 
application for the registration of an appellation of origin or a geographical indication may be filed 
by the following persons:  
1) Associations of natural and legal persons, commercial associations, associations of 
consumers, state and local authorities interested in protection of an appellation of origin or a 
geographi cal indication, within their activities;  
2) Foreign natural or legal persons, or foreign associations if an appellation of origin or a 
geographical indication were recognized in the country of origin, when it stems from the 
international agreements ;  
3) Domestic natural and legal persons who, within a specified geographical area, produce 
products that bear the name of such geographical area, provided the following requirements 
are met : 
- that, at the time of filing of the application are the only producer s or processors or service 
providers for whom the registration of an appellation of origin or a geographical indication is 
requested ;  
- that the geographical area has the characteristics that significantly differ from those of the 
adjacent area or that th e characteristics of the product differ from those of the product 
originating from the adjacent areas.   
 
18. What are the competent authorities where the protection of a geographical indication 
can be obtained?  
 
In accordance with the Law on Indications o f Geographical Origin , the competent authority where 
the protection of a geographical indication can be obtained is the Intellectual Property Office of 
Montenegro.  
 
The c ompetent authority where the protection of a geographical indication can be obtained f or 
agriculture and food products, spirit drinks and wines is t he Ministry of Agriculture and Rural 
Development.  
 
19. Do the procedures which lead to the recognition of a geographical indication take place 
ex officio or must they be based on the initiative  of an entity or person?  
 IP/C/W/117/Add.36  
 
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  The procedure which lead to the recognition of a geographical indication cannot be initiated ex officio. 
The procedure for the registration of the geographical indication shall be initiated by the appropriate 
application.  
 
The app lication for registration of a designation of origin or a geographical indication may be 
submitted only by an association of producers or processors of agricultural or food products they 
produce or process (hereinafter referred to as: the association).  
  
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication?  
 
The applicant must pay an administrative fee for the application for the registration of a geographical 
indication.  
 
The Ministry of Agriculture provides support for certification costs of the protected names of 
agricultural and food products.  
 
21. If criteria must be set out in an application for recognition of a geographical indication, 
are those criteria purely geographic in nature?  
 
Law on Ind ications of Geographical Origin  
 
Essential Elements of the Application  
 
Article 15  
 
The following shall be the essential elements of the application:  
1) A request for the registration of an appellation of origin or a geographical indication, as the case 
may be;  
 
2) A description of the geographical area ;  
 
3) An information on specific characteristics of the product.  
 
Request for the Registration of an Appellation of Origin  
Or a Geographical Indication  
 
Article 16  
 
(1) A request for registration of an app ellation of origin or a geographical indication shall include:  
1) Particulars of the applicant;  
2) Geographical name to be protected;  
3) Type of a product to which the geographical indication applies;  
4) The name of the region or a locality of origin of the product to be marked by a geographical 
name;  
5) A signature of the applicant;   
6) A proof that the prescribed fee has been paid.  
 
(2) Where the applicant is a foreign natural or legal person or a foreign association, the application 
referred in paragra ph 1 of this Article shall be accompanied by a public document verifying that the 
appellation of origin or a geographical indication has been recognized in the country of origin.  
 
(3) An application for the registration of an appellation of origin, along w ith the elements referred 
to in paragraph 1 of this Article, shall also include an information on the organization authorized to 
control the quality of a product.  
 
(4) An application for the registration of a geographical indication, along with the element s referred 
to in paragraph 1 of this Article, may include the appearance of the geographical indication if 
comprising of words and possible figurative elements or figurative elements only, suitable to identify 
geographical origin of certain goods.  
 IP/C/W/117/Add.36  
 
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  Descrip tion of the Geographical Area  
 
Article 17  
 
Description of the geographical area shall comprise information on the geographical area where the 
product originates from and shall include specifics on administrative borders of such area, its 
geographical map and the information on human factors suitable to cause specific characteristics, 
quality and reputation of the concerned product.  
 
Information on Specific Characteristics of the Product  
 
Article 18  
 
(1) In case of an application for the registration of a g eographic indication, an information on specific 
characteristics of the product shall comprise detailed description of the production method of the 
product, precise indication of specific characteristics or quality of the product, including information 
on the reputation acquired, on persons authorized to use the geographical indication and conditions 
for such a use as well as rights and obligations of the user of the geographical indication.  
 
22. What other criteria, if any, must be set out in an application for recognition of a 
geographical indication?  
 
Law on Indications of Geographical Origin  
 
Essential Elements of the Application  
 
Article 15  
 
The following shall be the essential elements of the application:  
1) A request for the registration of an appellation of origin or a geographical indication, as the case 
may be;  
 
2) A description of the geographical area ;  
 
3) An information on specific characteristics of the product.  
 
Request for the Registration of an Appellation of Origin  
Or a Geographic al Indication  
 
Article 16  
 
(1) A request for registration of an appellation of origin or a geographical indication shall include:  
1) Particulars of the applicant;  
2) Geographical name to be protected;  
3) Type of a product to which the geographical indicati on applies;  
4) The name of the region or a locality of origin of the product to be marked by a geographical 
name;  
5) A signature of the applicant;   
6) A proof that the prescribed fee has been paid.  
 
(2) Where the applicant is a foreign natural or legal person or a foreign association, the application 
referred in paragraph 1 of this Article shall be accompanied by a public document verifying that the 
appellation of origin or a geographical indication has been recognized in the country of origin.  
 
(3) An a pplication for the registration of an appellation of origin, along with the elements referred 
to in paragraph 1 of this Article, shall also include an information on the organization authorized to 
control the quality of a product.  
 
(4) An application for t he registration of a geographical indication, along with the elements referred 
to in paragraph 1 of this Article, may include the appearance of the geographical indication if 
comprising of words and possible figurative elements or figurative elements only,  suitable to identify 
geographical origin of certain goods.  IP/C/W/117/Add.36  
 
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  Description of the Geographical Area  
 
Article 17  
 
Description of the geographical area shall comprise information on the geographical area where the 
product originates from and shall include specifics on administrative borders of such area, its 
geographical map and the information on human factors suitable to cause specific characteristics, 
quality and reputation of the concerned product.  
 
Information on Specific Characteristics of the Product  
 
Article 18  
 
(1) In case of an application for the registration of a geographic indication, an information on specific 
characteristics of the product shall comprise detailed description of the production method of the 
product, precise indication of specif ic characteristics or quality of the product, including information 
on the reputation acquired, on persons authorized to use the geographical indication and conditions 
for such a use as well as rights and obligations of the user of the geographical indicat ion.  
 
23. What information must be supplied in an application for rights in a geographical 
indication?  
 
Law on Indications of Geographical Origin  
 
Essential Elements of the Application  
 
Article 15  
 
The following shall be the essential elements of the application:  
1) A request for the registration of an appellation of origin or a geographical indication, as the case 
may be;  
 
2) A description of the geographical area ;  
 
3) An information on specific characteristics of the product.  
 
Request for the Regist ration of an Appellation of Origin  
Or a Geographical Indication  
 
Article 16  
 
(1) A request for registration of an appellation of origin or a geographical indication shall include:  
1) Particulars of the applicant;  
2) Geographical name to be protected;  
3) Type of a product to which the geographical indication applies;  
4) The name of the region or a locality of origin of the product to be marked by a geographical 
name;  
5) A signature of the applicant;   
6) A proof that the prescribed fee has been paid.  
 
(2) Wh ere the applicant is a foreign natural or legal person or a foreign association, the application 
referred in paragraph 1 of this Article shall be accompanied by a public document verifying that the 
appellation of origin or a geographical indication has bee n recognized in the country of origin.  
 
(3) An application for the registration of an appellation of origin, along with the elements referred 
to in paragraph 1 of this Article, shall also include an information on the organization authorized to 
control the  quality of a product.  
 
(4) An application for the registration of a geographical indication, along with the elements referred 
to in paragraph 1 of this Article, may include the appearance of the geographical indication if 
comprising of words and possible figurative elements or figurative elements only, suitable to identify 
geographical origin of certain goods.  IP/C/W/117/Add.36  
 
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  Description of the Geographical Area  
 
Article 17  
 
Description of the geographical area shall comprise information on the geographical area where the  
product originates from and shall include specifics on administrative borders of such area, its 
geographical map and the information on human factors suitable to cause specific characteristics, 
quality and reputation of the concerned product.  
 
Information  on Specific Characteristics of the Product  
 
Article 18  
 
(1) In case of an application for the registration of a geographic indication, an information on specific 
characteristics of the product shall comprise detailed description of the production method o f the 
product, precise indication of specific characteristics or quality of the product, including information 
on the reputation acquired, on persons authorized to use the geographical indication and conditions 
for such a use as well as rights and obligati ons of the user of the geographical indication.  
 
24. Must the goods or services with respect to which a geographical indication is claimed 
be set out?  
 
In accordance with Article 16 paragraph 1 item 3 of the Law on Indications of Geographical Origin a 
request for registration of a geographical indication shall include a type of a product to which the 
geographical indication applies.  
 
25. What mechanisms are provided to oppose the recognition of a geographical 
indication? How is an investigation conducted after such a complaint?  
 
Law on Indications of Geographical Origin  
 
Conditions for Cancellation of the Decision  
 
Article 47  
 
Upon the written proposal of an interested person, the responsible authority may cancel the decision 
on registration of an indication of geographical origin or a decision to recognize the status of an 
authorized user, if it determines that requirements for the registration of an indication of 
geographical origin or requirements for the recognition of the status of an authorize d user have not 
been met at the time when the decision was issued.  
 
Application for the Cancellation of the Decision  
 
Article 48  
 
(1) The proposal referred to in Article 47 of this Law shall be submitted in two copies and shall 
include:  
1) Particulars of t he person who submitted proposal;  
2) Indication that the cancellation of the decision to register an indication of geographical origin 
or a decision to recognize the status of an authorized user is being requested;  
3) Registration number of the indication of geographical origin whose cancellation is being 
requested or registration number of the indication of geographical origin against whose 
authorized user the proposal has been submitted;  
4) Particulars of the authorized user of the indication of geographi cal origin whose cancellation 
is being requested;  
5) Reasons for the cancellation;  
6) Evidence supporting the reasons;  
7) Power of attorney, where the proceedings are initiated through an attorney;   
8) Evidence that the prescribed application fee has been paid.  
 
(2) If the proposal to cancel the decision to register an indication of geographical origin or a decision 
to recognize the status of an authorized user does not meet requirements referred to in paragraph  1 IP/C/W/117/Add.36  
 
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  of this Article, responsible authority sha ll invite the applicant in writing to regularize the application 
within 30 days from the date the notification has been served.  
 
(3) If the applicant does not regularize the application within the time limit referred in paragraph 2 
of this Article, the res ponsible authority shall reject the application.  
 
Proceedings upon the Complete Proposal  
 
Article 49  
 
(1) Where the proposal referred to in Article 47 of this Law is complete, the responsible authority 
shall serve it on the opposing party and invite it to  respond within 30 days from the date the 
invitation has been served.  
 
(2) The responsible authority may schedule the hearing in the proceedings initiated upon the 
proposal referred to in Article 47 of this Law.  
 
(3) If the applicant for the cancellation of the decision on registration an indication of geographical 
origin or a decision on recognition the status of an authorized user renounces the proposal, the 
responsible authority may continue the proceedings ex offic io. 
 
(4) Provisions of Articles 23 and 36 of this Law shall apply mutatis mutandis  to the proceedings upon 
the proposal for the cancellation of the decision on registration an indication of geographical origin.  
 
Article 50  
 
(1) Upon the completion of the proceedings referred to in Article 47 of this Law, the responsible 
authority may issue or refuse to issue, a decision to cancel the decision on registration of an 
indication of geographical origin or a decision on recognition of the status of an authorized user.  
 
(2) Three months after the decision to cancel the decision on registration of an indication of 
geographical origin or a decision on recognition of the status of an authorized user has become final 
and enforceable, the re sponsible authority shall publish prescribed information on such a decision in 
its official publication.  
 
Law on Quality Schemes for Agricultural and Food Product : 
 
Application for registration of a designation of origin or a geographical indication  
 
Artic le 8 
 
(1) The application for registration of a designation of origin or a geographical indication may be 
submitted only by an association of producers or processors of agricultural or food products they 
produce or process (hereinafter referred to as: the association).  
 
(2) The association members may also be other producers of other agricultural and/or food products.  
 
(3) Notwithstanding paragraph 1 of this Article, an application for registration of a designation of 
origin or geographical indication may be submitted by a natural or legal person provided that:  
1) It proves that it is the only producer or processor of a specific product in a defined 
geographical area; and/or  
2) The geographical area has characteristics that distinct it essentially from the neighbouring 
areas or the product characteristics are different from those produced in the neighbouring 
areas.  
 
(4) The association shall perform internal control over producti on or processing of agricultural and 
food products carrying the designation of origin or geographical indication.  
 
(5) The application referred to in paragraph 1 of this Article shall include: the name and address of 
the applicant, the designation of origi n or the geographical indication registration of which is sought.  
 IP/C/W/117/Add.36  
 
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  (6) Together with the application for registration of the designation of origin or geographical 
indication, the following shall be presented:  
1) The specification referred to in Article 7 o f this Law;  
2) A single document that includes:  
- The main elements of the specification: the product name and description including, where 
appropriate, the specific rules concerning the packaging and labelling and a precisely defined 
space of the geograph ical area ;  
- Description of the link between the product and the geographical environment or 
geographical origin referred to in Article 5 para graph s 1 and 2 of this Law, including, where 
appropriate, the specific elements of the product description or pro duction method justifying 
the link.  
3) The document on internal rules, internal controls and procedures of the association.  
 
(7) Registration of only designation of origin or geographical indication may be sought by the 
application referred to in paragraph  1 of this Article.  
 
(8) The manner of submitting the application for registration of the designation of origin or 
geographical indication and the form of the single document referred to in the paragraph 6 item 2 
of this Article shall be laid down by the Ministry.  
 
26. Who can oppose the recognition of a geographical indication?  
 
In accordance with the Law on Indications of Geographical Origin any interested person can propose 
to the responsible authority to cancel the decision on registration of a geogra phical indication.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Objection to an application for registration  
 
Article 10  
 
(1) A legal or natural person having a legitimate interest that is established or resident in Montenegro 
may lodge an objection to the application for registration of a designation of origin or a geographical 
indication.  
 
(2) The objection referred to in paragraph 1 of this Article shall be submitted to the Ministry within 
the period of 30 days from the day of publishing of the application in the Official Gazette of 
Montenegro.  
 
(3) The objection referred to in paragraph 1 of this Article shall be admissi ble if:  
1) It has been submitted within the deadline set;  
2) The objection points that the designation of origin or a geographical indication sought by the 
application does not comply with the registration conditions referred to in Article 5 of this 
Law;  
3) It points that registration of the name proposed would be contrary to Article 7 paragraphs 4, 
6 and 7 of this Law;  
4) It points that registration of the name proposed would jeopardize the existence of a wholly 
or partially identical name or trademark o r the existence of products present at the market 
for at least five years before the date of publication of the application in the Official Gazette 
of Montenegro ;  
5) It includes information from which it can be concluded that the name for which the 
regist ration is sought is generic in terms of Article 6 of this Law.  
 
(4) The manner of submitting the objection referred to in paragraph 1 of this Article shall be laid 
down by the Ministry.  
 
27. If your national legislation provides for recognition and protec tion of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain such recognition and consequent protection?  
 
In accordance with Article 14 paragraph 1 item 2 of the Law on In dications of Geographical Origin 
the application for the registration of a geographical indication may be filed by foreign natural or IP/C/W/117/Add.36  
 
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  legal persons, or foreign associations if geographical indication was recognized in the country of 
origin, when it stems f rom the international agreements.  
 
D MAINTENANCE  
28. How long does recognition for a geographical indication continue?  
 
In accordance with Article 26 of Law on Indications of Geographical Origin the period of validity of 
the registered geographical indication shall not be limited.  
 
Law on Quality Schemes  for Agricultural and Food Product : The Commi ssion for registration of the 
designation of origin/geographical indication, is responsible for consideration  of the justification of 
the applications. The deadline for decision is 60 days from the date of receipt of the reques t. 
 
29. If recognition of a geographical indication must be renewed or reaffirmed, what 
information  must be provided in order to effect su ch a renewal or reaffirmation? Specify 
any fees involved in renewal or reaffirmation.  
 
In accordance with the Law on Indications of Geographical Origin recognition of a geographical 
indication does not need to be renewed or reaffirmed.  
 
In accordance with the Law on Quality Schemes for Agricultural and Food Product, the decision on 
registration of the designation of origin, or geographical indication shall be cancelled in case the 
procedure for verification of the compliance with the product specification e stablishes that the 
product does not comply with the conditions from the specification and that continuous compliance 
with the conditions from the specification will not be ensured and where no product protected with 
the designation of origin or geographic al indication has been marketed for at least seven years.  
  
30. Must a geographical indication be used in order to maintain rights? If so, how is such 
use determined?  
 
In accordance with the Law on Indications of Geographical Origin geographical indicatio n does not 
need to be used in order to maintain rights.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Names, designations and symbols  
 
Article 18  
 
(1) An agricultural or food product produced or processed in accordance with the corresponding 
product specification shall be identified so that its label, beside the registered name has a visible 
indication "Protected Designation of Origin " or "PDO", or „Prot ected Geographical Indication " or 
"PGI", together with the application of the corresponding symbol.  
 
(2) In addition to indication, designation or symbol referred to in paragraph 1 of this Article, the 
label may contain also the image of the geographical area of origin as well as the text, graphic 
symbols or symbols related to the place, region or state that the geographical area is situated in.  
 
(3) Only the producers or processors producing or processing agricultural or food products in 
accordance with t he product specification and registered in the records referred to in Article 13 
paragraph 2 of this Law, may apply the indication or designation referred to in paragraph 1 of this 
Article on the label, advertising or other documentation referring to the a gricultural or food product.  
(4) The symbol referred to in paragraph 1 of this Article is the graphic symbol of a registered 
designation or indication of an agricultural or food product.  
 
31. Is there a specified limit for non -use before rights in a geogr aphical indication cease 
and, if so, what is that limit?  
 
In accordance with the Law on Indications of Geographical Origin recognition of a geographical 
indication does not need to be renewed or reaffirmed.  
 IP/C/W/117/Add.36  
 
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  In accordance with the Law on Quality Schemes fo r Agricultural and Food Product, the decision on 
registration of the designation of origin, or geographical indication shall be cancelled in case the 
procedure for verification of the compliance with the product specification establishes that the 
product d oes not comply with the conditions from the specification and that continuous compliance 
with the conditions from the specification will not be ensured and where no product protected with 
the designation of origin or geographical indication has been market ed for at least seven years.  
 
In accordance with the Law on Indications of Geographical Origin geographical indication does not 
need to be used in order to maintain rights.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Names, designations and  symbols  
 
Article 18  
 
(1) An agricultural or food product produced or processed in accordance with the corresponding 
product specification shall be identified so that its label, beside the registered name has a visible 
indication "Protected Designation of Origin " or "PDO", or „Protected Geographical Indication " or 
"PGI", together with the application of the corresponding symbol.  
 
(2) In addition to indication, designation or symbol referred to in paragraph 1 of this Article, the 
label may contain also the image of the geographical area of origin as well as the text, graphic 
symbols or symbols related to the place, region or state that the geographical area is situated in.  
 
(3) Only the producers or processors producing or processing agricultural or food pro ducts in 
accordance with the product specification and registered in the records referred to in Article 13 
paragraph 2 of this Law, may apply the indication or designation referred to in paragraph 1 of this 
Article on the label, advertising or other docume ntation referring to the agricultural or food product.  
(4) The symbol referred to in paragraph 1 of this Article is the graphic symbol of a registered 
designation or indication of an agricultural or food product.  
 
32. Who monitors the use of geographical indications to determine if the criteria identified 
in the application continue to be met?  
 
In accordance with Article 55 of the Law on Indications of Geographical Origin the responsible 
authority (Intellectual Property Office of Montenegro) monitors the u se of geographical indications 
upon the application -request of an interested person and it can determine that the conditions 
prescribed by this Law for the recognition of the status of an authorized user of a geographical 
indication, have ceased to exist.  
 
Law on Quality Schemes for Agricultural and Food Product:  
 
Control body  
 
Article 62  
 
(1) Verification of compliance of agricultural or food products with the specification shall be  done 
following the adoption of the decision on registration of designation s of origin, geographical 
indications, traditional speciality guaranteed and the "Higher Quality " label.  
 
(2) The verification of compliance with the specification referred to in paragraph 1 of this Article 
shall be done by a control body authorised by the  Ministry.  
 
(3) The authorization referred to in paragraph 2 of this Article shall be issued to a control body that:  
- Is based in Montenegro;  
- Is accredited in accordance with the standard MEST EN ISO/IEC 17065 ;  
- Meets the conditions as regards technical equipment and qualified staff.  
 
(4) The list of authorised control bodies shall be published in the Official Gazette of Montenegro.  
  IP/C/W/117/Add.36  
 
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  33. If a government entity is responsible for monitoring the use of geographical  
indications, what are its procedures for doing so?  
 
Law on Indications of Geographical Origin  
 
Revocation of the Decision on Recognition the Status of an Authorized User  
 
Article 55  
 
(1) Upon the application of an interested person, the responsible authority may revoke a decision 
on recognition the status of an authorized user of an appellation of origin or a geographical indication 
if it determines that the conditions prescribed by this Law for the recognition of the status of an 
authorized user of an appellation of origin or a geographical indication, have ceased to exist.  
 
(2) In the proceedings initiated upon the application for the revocation of a decision on recognition 
the status of an authorized user of an appellation of origin or a geographic al indication, an authorized 
user of an appellation of origin or a geographical indication must prove the existence of the conditions 
prescribed by the law for the recognition of the status of an authorized user of an appellation of 
origin or a geographica l indication.  
 
(3) If the applicant for the revocation of a decision on recognition the status of an authorized user 
of an appellation of origin or a geographical indication renounces the application, the responsible 
authority may continue the proceedings ex officio .  
 
(4) Provisions of Article 36 of this Law shall apply mutatis mutandis  to the proceedings initiated upon 
the application for the revocation of a decision on recognition the status of an authorized user of an 
appellation of origin or a geographical indication.  
 
(5) The status of a person inserted in the appropriate register as the authorized user of an appellation 
of origin or a geographical indica tion shall be terminated on the first day subsequent to the day the 
decision to revoke a decision on recognition the status of an authorized user of an appellation of 
origin or a geographical indication became final and enforceable.  
 
Law on Quality Scheme s for Agricultural and Food Product  
 
Procedure of verification of compliance with the specification  
 
Article 63  
 
(1) The procedure of verification of compliance of agricultural and/or food products with the 
specification shall start with submission of the application to the control body.  
 
(2) Where the procedure of verification of compliance verifies that the agricultural and/or food 
products comply with the specification, the control body shall issue a document on compliance of 
the agricultural and/or foo d products, which is presented to the applicant and the Ministry.  
 
(3) Where the control body establishes major non -compliance with the specification of agricultural 
and/or food products, it shall notify the Ministry thereof.  
 
(4) The notification referred to in paragraph 3 of this Article shall include the extent of 
non-compliance and measures that need to be undertaken in order to eliminate the non -compliance.  
 
(5) The control body shall present the Ministry annually with a report on assessments o f compliance 
of agricultural or food products with the specification no later than by January 31 of the current year 
for the previous year.  
 
(6) The costs of assessment of compliance with the specification shall be borne by the applicant.  
 
(7) The assessme nt of compliance of agricultural and/or food products with the specification shall 
be done on the basis of the control plan of the control body.  
 IP/C/W/117/Add.36  
 
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  34. Are there means by which interested parties may request termination of a 
geographical indication based on non-use or failure to maintain the criteria identified in 
the application? Describe the procedure.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Cancellation of the decision on registration of designation of origin  
or geographical indication  
 
Article 15  
 
(1) The decision on registration of the designation of origin, or geographical indication shall be 
cancelled in case the procedure for verification of the compliance with the product specification 
establishes that the product does not comply w ith the conditions from the specification and that 
continuous compliance with the conditions from the specification will not be ensured and where no 
product protected with the designation of origin or geographical indication has been marketed for at 
least seven years.   
 
(2) The request for cancellation of the decision referred to in the paragraph 1 of this Article may be 
submitted to the Ministry by a legal or natural person having legitimate interest, stating the reasons 
for the cancellation.  
 
(3) The Min istry shall publish the valid decision on cancellation of the decision on registration of a 
designation of origin or geographical indication in the Official Gazette of Montenegro.  
 
(4) Use of a designation of origin or geographical indication following the cancellation of the decision 
on its registration shall be prohibited.  
 
(5) Based on the decision referred to in paragraph 3 of this Article, the Ministry shall delete the 
register ed designation of origin or geographical indication from the registers referred to in Article 12 
of this Law.  
 
Law on Indications of Geographical Origin : 
 
Conditions for Cancellation of the Decision  
 
Article 47  
 
Upon the written application of an intereste d person, the responsible authority may cancel the 
decision on registration of an indication of geographical origin or a decision on recognition of the 
status of an authorized user, if it determines that requirements for the registration of an indication 
of geographical origin or requirements for the recognition of the status of an authorized user have 
not been met at the time when the decision was issued.  
 
Termination of the Appellation of Origin or Geographical Indication  
In the Country of Origin  
 
Article  52 
 
(1) Registered appellation of origin or registered geographical indication shall cease to be valid when 
its protection in the country of origin terminates.  
 
(2) Upon the application of an interested person accompanied with the certificate of the compe tent 
authority of the country of origin of an appellation of origin or a geographical indication, or upon an 
information received from the competent authority of the country of origin of an appellation of origin 
or a geographical indication that the protec tion of such an appellation of origin or a geographical 
indication has been terminated in the country of origin, the responsible authority shall issue a 
decision that will cease validity of an appellation of origin or a geographical indication.  
 
(3) The  responsible authority shall enter a decision referred to in paragraph 2 of this Article into the 
appropriate register and  shall publicize prescribed information on the termination of an appellation 
of origin or a geographical  indication, as the case may be.  IP/C/W/117/Add.36  
 
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  Termination of the Geographical Indication Based on the Court Decision  
 
Article 53  
 
(1) Any interested person  may file a suit before the competent court in order to establish that certain 
geographical indication became generic, i.e. usual name for certain product.  
 
(2) Registered geographical indication shall cease to be valid based on the final and enforceable 
decision of the court establishing that it became generic, i.e. usual name for certain product.  
 
(3) Registered geographical indication that is registered and protected in its country of origin as an 
appellation of origin, cannot be declared as generic, i.e. usual name for certain product, for as long 
as such protection is valid in the country of origin.  
 
(4) After the responsible authority receives the court decision referred to in paragraph 2 of this 
Article, it shall enter the decision in the appropriate register and publish the prescribed information 
on termination of the geographical indication in it s official publication.  
 
35. Do the procedures which lead to forfeiture of a geographical indication take place ex 
officio  or must they be based on the initiative of an entity or person?  
 
The procedures which lead to forfeiture of a geographical indication  must be based on the initiative 
of an interested person.  
 
Regarding the  Law on Quality Schemes for Agricultural and Food Product (see also answer to 
question 33):  
 
Cancellation of the decision on registration of designation  
of origin or geographical indi cation  
 
Article 15  
 
(1) The decision on registration of the designation of origin, or geographical indication shall be 
cancelled in case the procedure for verification of the compliance with the product specification 
establishes that the product does not c omply with the conditions from the specification and that 
continuous compliance with the conditions from the specification will not be ensured and where no 
product protected with the designation of origin or geographical indication has been marketed for at  
least seven years.   
 
(2) The request for cancellation of the decision referred to in the paragraph 1 of this Article may be 
submitted to the Ministry by a legal or natural person having legitimate interest, stating the reasons 
for the cancellation.  
 
(3) The Ministry shall publish the valid decision on cancellation of the decision on registration of a 
designation of origin or geographical indication in the Official Gazette of Montenegro.  
 
(4) Use of a designation of origin or geographical indication following the cancellation of the decision 
on its registration shall be prohibited.  
 
(5) Based on the decision referred to in paragraph 3 of this Article, the Ministry shall delete the 
register ed designation of origin or geographical indication from the registers referred to in Article  12 
of this Law.  
 
E SCOPE OF RIGHTS AND USE 
36. May anyone who meets the criteria submitted to obtain recognition of a geographical 
indication use that geographica l indication after recognition is given or must additional 
criteria or procedures be followed by that party before use is permitted?  
 
The party needs to obtain recognition of the status of an authorized user of geographical indication 
before its use.  
 IP/C/W/117/Add.36  
 
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  Law on Quality Schemes for Agricultural and Food Product  
 
Use of designation of origin and geographical indication  
 
Article 13  
 
(1) A registered designation of origin or geographic indication may be used by a producer or 
processor of an agricultural or food pr oduct provided that the product complies with the conditions 
from the corresponding specification.  
 
(2) Following the registration of the designation or indication referred to in paragraph 1 of this Article 
and following the procedure of verification of c ompliance of the product with the specification in 
accordance with Article 63 of this Law, a producer or processor of the agricultural or food product 
shall submit an application for entry in the Records on users of registered designations of origin or 
Records on users of registered geographical indications, as appropriate.  
 
(3) The entry in the records referred to in paragraph 2 of this Article shall be done by a decision of 
the Ministry.  
 
(4) The producer or processor of agricultural or food products shal l be deleted from the records 
referred to in paragraph 2 of this Article where it no longer complies with the conditions from the 
product specification.  
 
Law on Indications of Geographical Origin  
 
Initiation of the Proceedings for the Recognition  
of the Status of the Authorized User  
 
Article 27  
 
(1) The procedure for recognizing the status of an authorized user of an appellation of origin or a 
geographical indication shall be initiated by filing the application for recognizing the status of an 
authorized user of an appellation of origin or a geographical indication.  
 
(2) The application for recognizing the status of an authorized user of an appellation of origin or a 
geographical indication may be submitted by natural or legal persons who, within the geogr aphical 
area, produce products marked by the name of such geographical area, as well as associations of 
such natural or legal persons.  
 
(3) Prescribed fee shall be payable for filing of an application for recognition of a status of an 
authorized user of an  appellation of origin or a geographical indication.  
 
37. Who makes the determination regarding use of a geographical indication by particular 
parties, the entity responsible for the recognition or the entity that obtained the 
recognition?  
 
In accordance w ith the Law on Indications of Geographical Origin the entity responsible for the 
recognition of a geographical indication (IP Office) shall issue a decision on recognition of the status 
of an authorized user of a geographical indication.  
 
In accordance wit h Law on Quality Schemes for Agricultural and Food Product, it is the Ministry of 
Agriculture and Rural Development.  
 
38. Are there fees involved in receiving authorization to use a particular geographical 
indication and, if so, what are those fees and how  are they established?  
 
Article 38 paragraph 1 of the Law on Indications of Geographical Origin prescribes that where the 
application for the recognition of a status of an authorized user of a geographical indication meets 
the requirements under this Law f or the recognition of the status of an authorized user of a 
geographical indication, the responsible authority shall invite the applicant to pay the fee for the 
recognition of the status of an authorized user of a geographical indication for the first thre e years IP/C/W/117/Add.36  
 
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  and the costs of publication of  the information on the authorized user of a geographical indication, 
and to furnish evidence of payment.  
 
39. If there is a dispute regarding use of a geographical indication by a particular party, 
what procedures a re followed to resolve it?  
 
In case of a dispute regarding use of a geographical indication by a particular party, the dispute can 
be brought before the competent court in accordance with the provisions of the Law on Indications 
of Geographical Origin which prescribe civil law protec tion and provisional measures.  
 
Law on Indications of Geographical Origin  
 
Prohibited Actions  
 
Article 43  
 
Any person who has not been recognized as an authorized user of an appellation of origin or a 
geographical indication shall not be allowed to use re gistered appellation of origin or geographical 
indication, their translation, transcription or transliteration, regardless of the font or the colour  used, 
or expressed in any other manner, to mark products, where the appellation of origin or the 
geographic al indication is supplemented with the words such as: "kind", "type," "fashion, " 
"imitation ", "by the process " and the like, even where the geographical origin of the product is 
correct.  
 
In accordance with Law on Quality Schemes for Agricultural and Food Product , the authorized 
certification body that conduct s control and certification is obliged to inform the 
Ministry  of Agriculture and the inspection of all nonconformities and use of the geographical 
indication.  
 
Administrative measures and actions of th e agricultural inspector  
 
Article 66  
 
In addition to administrative measures and actions as laid down by the law governing the inspectorial 
supervision, the agricultural inspector shall take also the following administrative measures and 
actions:  
1) Prohibit the use of a registered designation of origin, geographical indication or name of the 
traditional speciality guaranteed that are not entered into the register;  
2) Prohibit the use of designations and indications to producers of agricultural and food pro ducts 
who are not entered into the corresponding records of users of designations and indications;  
3) Prohibit marketing of agricultural and food products with registered designation or indication 
or name that fail to comply with the conditions from the pr oduct specification;  
4) Prohibit marketing of agricultural and food products with registered designation or indication 
where it is established that they have not been labelled in accordance with this Law ;  
5) Lay down also other measures and actions in acc ordance with the law.  
 
40. Must individual authorized users of a geographical indication use that geographical 
indication continually to retain their right to use it and, if so, how is their use determined 
and how long will disuse be permitted?  
 
The Law on  Indications of Geographical Origin does not prescribe any limitations or special conditions 
regarding continuous use geographical indication as a condition for authorized user of a geographical 
indication to retain the rights to use the geographical indic ation.  
 IP/C/W/117/Add.36  
 
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  Law on Quality Schemes for Agricultural and Food Product  
 
Use of designation of origin and geographical indication  
 
Article 13  
 
(1) A registered designation of origin or geographic indication may be used by a producer or 
processor of an agricultural or food product provided that the product complies with the conditions 
from the corresponding specification.  
 
(2) Following the regis tration of the designation or indication referred to in paragraph 1 of this Article 
and following the procedure of verification of compliance of the product with the specification in 
accordance with Article 63 of this Law, a producer or processor of the ag ricultural or food product 
shall submit an application for entry in the Records on users of registered designations of origin or 
Records on users of registered geographical indications, as appropriate.  
 
(3) The entry in the records referred to in paragraph  2 of this Article shall be done by a decision of 
the Ministry.  
 
(4) The producer or processor of agricultural or food products shall be deleted from the records 
referred to in paragraph 2 of this Article where it no longer complies with the conditions fro m the 
product specification.  
 
41. If there is a dispute over continuity of use by a particular party, how is it resolved?  
 
The Law on Indications of Geographical Origin does not prescribe any limitations or special conditions 
regarding continuous use geog raphical indication as a condition for authorized user of a geographical 
indication to retain the rights to use the geographical indication.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Use of designation of origin and geographical indication  
 
Article 13  
 
(1) A registered designation of origin or geographic indication may be used by a producer or 
processor of an agricultural or food product provided that the product complies with the conditions 
from the corresponding specification.  
 
(2) Follo wing the registration of the designation or indication referred to in paragraph 1 of this Article 
and following the procedure of verification of compliance of the product with the specification in 
accordance with Article 63 of this Law, a producer or proce ssor of the agricultural or food product 
shall submit an application for entry in the Records on users of registered designations of origin or 
Records on users of registered geographical indications, as appropriate.  
 
(3) The entry in the records referred t o in paragraph 2 of this Article shall be done by a decision of 
the Ministry.  
 
(4) The producer or processor of agricultural or food products shall be deleted from the records 
referred to in paragraph 2 of this Article where it no longer complies with the conditions from the 
product specification.  
 
42. Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are imposed on such licenses? If such 
conditions are not met, what is the e ffect on the geographical indication?  
 
In accordance with Article 46 paragraph 1 of the Law on Indications of Geographical Origin a 
registered geographical indication may not be subject of a contract on transfer of rights,  a license 
agreement, pledge, franchise or the like.  
 IP/C/W/117/Add.36  
 
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  Law on Quality Schemes for Agricultural and Food Product  
 
Use of designation of origin and geographical indication  
 
Article 13  
 
(1) A registered designation of origin or geographic indication may be used by a producer or 
processor of an agricultural or food product provided that the product complies with the conditions 
from the corresponding specification.  
 
(2) Following the regis tration of the designation or indication referred to in paragraph 1 of this Article 
and following the procedure of verification of compliance of the product with the specification in 
accordance with Article 63 of this Law, a producer or processor of the ag ricultural or food product 
shall submit an application for entry in the Records on users of registered designations of origin or 
Records on users of registered geographical indications, as appropriate.  
 
(3) The entry in the records referred to in paragraph  2 of this Article shall be done by a decision of 
the Ministry.  
 
(4) The producer or processor of agricultural or food products shall be deleted from the records 
referred to in paragraph 2 of this Article where it no longer complies with the conditions fro m the 
product specification.  
 
43. How is "grandfathered use " of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
 
Law on Quality Schemes for Agricultural and Food Product  
 
International registration  
 
Article 34  
 
(1) International registration of designations of origin, geographical indications and traditional 
specialities guaranteed shall be done in accordance with ratified international agreements.  
 
(2) The application for international registration of designa tions of origin, geographical indications 
and traditional specialities guaranteed shall be submitted to first to the competent authority of 
Montenegro.  
 
F RELATIONSHIP TO TRAD EMARKS  
44. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?  
 
Law on Indications of Geographical Origin  
 
Relation to the Previously Registered Trademark  
 
Article 44  
 
(1) The provisions of this Law shall not prejudice t he conditions for the registration, validity of the 
registration or the right to use the trademark which is identical or similar to a registered geographical 
indication or an appellation of origin, if the application for the registration of the concerned t rademark 
has been done in a good faith or the trademark rights have been acquired by the use in good faith 
prior to the filing of the application for the registration of a geographical indication or an appellation 
of origin, as the case may be.  
 
(2) A geog raphical indication or an appellation of origin shall not be registered where, in the light of 
a trademark 's reputation and renown and the length of time it has been used, such registration could 
mislead the consumer as to the true identity and characteris tics of the product.  
 IP/C/W/117/Add.36  
 
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  Trademark Law  
 
Exclusive Rights  
 
Article 10  
 
(1) The holder of the trademark shall be exclusively entitled to use the sign protected by a trademark 
for marking of goods and/or services to which such mark pertains.  
 
(2) The trademark holder shall be entitled to prevent other persons from using in the course of trade 
without his consent the following:  
1) A sign which is identical with his/her trademark in relation to goods and/or services which 
are identical with those goods and/or serv ices for which the trademark has been registered ;  
2) Any sign where, because of its identity with, or similarity to the trademark and the identity 
or similarity of the goods or services covered by the trademark and the sign, there exists a 
likelihood of c onfusion on the part of the public which includes the likelihood of association 
between the sign and the trademark . 
 
45. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations  of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
 
Law on Indications of Geographical Origin  
 
Relation to the Previously Registered Trademark  
 
Article 44  
 
(1) The provisions of this Law shall not prejudice the conditions for the registration, validity of the 
registration or the right to use the trademark which is identical or similar to a registered geographical 
indication or an appellation of origin, if the application for the registration of the concerned trademark 
has been done in a good faith or the trademark rights have been acquired by the use in good faith 
prior to the filing of the application for the registration of a geographical indication or an appellation 
of origin, as the case may be.  
 
(2) A geographical indicatio n or an appellation of origin shall not be registered where, in the light of 
a trademark 's reputation and renown and the length of time it has been used, such registration could 
mislead the consumer as to the true identity and characteristics of the produc t. 
 
Trademark Law  
 
Relative Grounds for Refusal of a Trademark Registration Based on Earlier Trademarks  
 
Article 7  
 
Based on an opposition a trademark shall not be registered:  
1) Should such trademark be identical to an earlier registered trademark for id entical goods 
and/or services for which the new registration is applied for ;  
 2) Should, because of the identity with, or similarity to the earlier trademark and because of 
the identity or similarity with goods or services covered by the trademark, there exists a likelihood 
of confusion of the public, which includes a likelihood of association with the earlier trademark.  
 
An earlier trademark referred to in paragraph 1 of the present Article shall be considered:  
1) A trademark registered in Montenegro whic h enjoys priority right stipulated in 
Articles  22, 23 and 24 of the present Law;  
2) A trademark registered on the basis of ratified international treaties effective in 
Montenegro ;  
3) A trademark which is well known in Montenegro on the day of application for the registration 
or on the day of priority right, if the priority has been claimed, pursuant to Article 6bis of the 
Paris Convention.  
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  An earlier trademark shall be also understood to include an application for the registration of a 
trademark referred to in paragraph 2 items 1 and 2 of the present Article, provided that it becomes 
registered.  
 
In establishing whether the trademark referred to in paragraph 2, item 3 of this Article is well known 
in Montenegro pursuant to Article 6bis of the Paris Convention, the familiarity of the relevant part of 
the public with the trademark shall be taken into account, including their familiarity with the 
trademark as a consequence of trademark -related marketing  activities.  
 
The relevant part of the public shall be understood to mean actual and potential users of goods 
and/or services designated by such mark, as well as the persons involved in the process of 
distribution and trade of the respective goods and/or s ervices.  
 
Based on an opposition a new trademark for which the registration application has been filed shall 
not be registered if such trademark is identical or similar to an earlier trademark, and the registration 
of goods or services has been sought whic h are not similar to goods or services for which the earlier 
trademark has been registered, when this earlier trademark has a reputation in Montenegro and 
when the use of the later trademark without due cause would take unfair advantage of, or be 
detriment al to, the distinctive character or repute of the earlier trademark.  
 
Law on Quality Schemes for Agricultural and Food Product  
 
Relation with trademarks  
 
Article 17  
 
(1) Where designations of origin or geographical indications are registered in accordance with this 
Law, the application for registration of a trademark, for the purpose of protection in accordance with 
Article 16 of this Law and relating to the same product category shall be rejected if the application 
for registration of the trademark is subm itted after the date of submission of the application for 
registration of the designation of origin or geographical indication.  
 
(2) Trademarks registered in contravention of paragraph 1 of this Article shall be invalidated, in 
accordance with the law.  
 
(3) The trademark use of which is protected in accordance with Article 16 of this Law and registered 
in good faith before submitting the application for registration of the designation of origin or 
geographical indication in accordance with this Law may co ntinue to be used in case there are no 
grounds for its invalidation in accordance with the specific regulation.  
 
46. What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark?  
 
Law on Indications of Geographical Origi n 
 
Relation to the Previously Registered Trademark  
 
Article 44  
 
(1) The provisions of this Law shall not prejudice the conditions for the registration, validity of the 
registration or the right to use the trademark which is identical or similar to a registered geographical 
indication or an appellation of origin, if the application for the registration of the concerned trademark 
has been done in a good faith or the trademark rights have been acquired by the use in good faith 
prior to the filing of the application for the registration of a geographical indication or an appellation 
of origin, as the case may be.  
 
(2) A geographical indication or an appellation of origin shall not be registered where, in the light of 
a trademark 's reputation and renown and  the length of time it has been used, such registration could 
mislead the consumer as to the true identity and characteristics of the product.  
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  Trademark Law  
 
Absolute Grounds for Refusal of a Registration  
 
Article 6  
 
A trademark shall not be used to protect a sign:  
4) Consisting exclusively of indications which in trade serve to designate geographical origin 
of the goods and/or services;  
8) Which is of such a nature as to deceive the public in particular with regard to the nature, 
quality or geographi cal origin of the goods or services;  
12) Which contains or consists of geographical indication identifying wines and spirits, with 
respect to such wines and spirits not having that origin ;  
13) Which contains or consists of a geographical indication effect ive in Montenegro, if the 
application for the registration of a trademark has been submitted after the date of filing of 
the application for the registration of the geographical indication and to the extent determined 
by regulations governing the registrat ion of geographical indication and regarding the same 
type of goods or services . 
 
Annulment of the Trademark  
 
Article 51  
 
If the trademark has been registered contrary to the provisions of Articles 6 to 8 of this Law, the 
competent court may annul the regi stered trademark in whole or in part.  
 
The claim for annulment of the registered trademark may be filed for the entire duration of the 
trademark right, as well as after the expiration of the right duration.  
 
In cases of trademark registration contrary to Article 6 of this Law, the claim may be filed by any 
interested party, the State Prosecutor and the competent authority ex officio.  
 
In cases of trademark registration contrary to Article 7 of this Law, the c laim may be filed by the 
holder of the earlier trademark.  
 
In cases of trademark registration contrary to Article 8 of this Law, the claim may be filed by the 
person whose right has been infringed.  
 
When the trademark has been registered contrary to Artic le 6 of this Law, the trademark shall be 
annulled if the grounds for annulment exist at the time of rendering of the decision on the trademark 
annulment.  
 
46(a). Does your economy 's industrial property law and/or related law provide the refusal 
or invalida tion of a trademark registration, which consists of or contains geographical 
indications identifying wines or spirits with respect to such wines or spirits not originating 
in the indicated territory?  
Yes, our laws that provide for geographical indications for spirits and wines contain provisions that 
regulate these issues.  
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  G ENFORCEMENT  
47. How are rights in the geographical indication enforced? Are provisions available under 
unfair competition law? Trademark law? Other laws? Provide citations to the laws and, if 
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide 
copies.  
 
Rights in the geographical indication are enforced through provisions of the:  
 
Law on Indications of Geographical Origin  
 
IX. CIVIL LAW PROTECTION  
Protection in the Event of Infringement of Registered  
Indication of Geographical Origin  
 
Article 56  
 
(1) In the event of infringement of a registered indication of geographical origin, an action may be 
filed, and the plaintiff may request the following:  
1) Determination of the infringement of an appellation of origin or a geographical indication;  
2) Prohibition of acts that infringe an appellation of origin or a geographical indication;  
3) Reimbursement of damages and justifiable legal costs and expenses;  
4) Publication of the court decision at the expense of the defendant;  
5) Confiscation and destruction, without any compensation, of any products created or 
obtained by infringing an appellation of origin or a geographical indication ;  
6) Confiscation and destruction, without any compensation, of the materials and objects 
(equipment, tools) predominantly used to manufacture objects that infringe an appellation of 
origin or a geographical indication . 
 
(2) If the infringement of an appellation of origin or a geographical indication was intentionally or 
by gross negligence, the plaintiff may request from the defendant the compensation amounting up 
to three times of the amounts of direct damage and lost profits combined.  
 
(3) In considering the claims referred t o in paragraph 1, items 5 and 6 of this Article, the court shall 
take into account the need to maintain proportionality between the gravity of the infringement and 
the measures ordered, as well as the interests of third parties.  
 
(3) Appropriate provisions  of the Law of Obligations  shall apply to those issues concerning damages 
for infringement of rights that are not provided for by this Law . 
 
Infringement of Registered Appellation of Origin or  
Geographical Indication  
 
Article 57  
 
(1) Any unauthorized use of protected appellation of origin or a geographical indication by any 
economic operator within the meaning of Articles 42 and 43 of this Law shall constitute an 
infringement of an appellation of origin or a geographical indication.  
 
(2) The imitation of t he registered appellation of origin or geographical indication shall also constitute 
an infringement of an appellation of origin or a geographical indication.  
 
Right to File an Action  
 
Article 58  
 
(1) An action for infringement of an appellation of origin or a geographical indication referred to 
Article 56 of this Law may be filed by any person referred to Article 14, paragraph 2 of this Law, 
authorized user of an appellation of origin or a geographical indication and public or state prosecutor.  
 
(2) Where the proceedings referred to Articles 47, 52, 53 and 55 of this Law have been initiated 
before the responsible authority or the court, the court deciding the case based on the action referred IP/C/W/117/Add.36  
 
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  to in Article 56 of this Law shall delay the proceedings pe nding the final decision of the responsible 
authority or the court.  
 
Time Limit to File an Action  
 
Article 59  
 
An action for the infringement an appellation of origin or a geographical indication may be filed within 
a period of three years as of the day on  which the plaintiff became aware of the infringement and 
the identity of the infringer, but not later than five years as of the day of the first infringement.  
 
X. PROVISIONAL MEASURES  
Provisional Measure of Seizure or  
Removal from the Circulation  
 
Article  60 
 
(1) Upon the request of the plaintiff who makes it probable that his appellation of origin or a 
geographical indication is or shall be infringed, the court may, ending a final decision, issue a 
provisional measure of:   
1) Confiscation and/or withdrawal from the market of products made or obtained by 
infringement of an appellation of origin or a geographical indication;  
2) Confiscation and/or withdrawal from the market of implements (equipment, tools) 
predominantly used in the production of pro ducts infringing appellation of origin or a 
geographical indication;  
3) Prohibition of the further performance of acts infringing appellation of origin or a 
geographical indication.  
 
(2) A request for the grant of a provisional measure may be filed even be fore filing an action, 
provided that the action is filed not later than 30 days from the execution of the provisional measure.  
 
(3) Where there is risk of irreparable harm being caused or where there is demonstrable risk of 
evidence being destroyed, the co urt may order a provisional measure without the defendant being 
heard, whereas the defendant must be notified of the execution of the provisional measure without 
delay, but not later than five days from the execution of the provisional measure.  
 
(4) The co urt may instruct the applicant to furnish additional evidence of the infringement of 
appellation of origin or a geographical indication or of the imminent risk of the infringement thereof 
and order him to provide a security in order to prevent any abuse.  
 
(5) An appeal against the court decision on the provisional measure referred to in paragraph 1 of 
this Article shall not stay the execution of the decision.  
 
(6) Appropriate provisions of the Law on Enforcement Procedure shall apply to those issues 
concern ing the institution of provisional measures that are not provided for by this Law.  
 
Securing of Evidence  
 
Article 61  
 
(1) At the request of the plaintiff who makes it credible that his/her right has been infringed, and 
that there is a reasonable doubt that  the evidence of that will be destroyed or that it will not be 
possible to obtain it later on, the court may order a provisional measure to secure evidence without 
giving prior notice to or hearing the person from which evidence is to be collected.  
 
(2) For the purposes of Paragraph 1 of this Article, the securing of evidence shall mean the inspection 
of premises, books, documents, databases, etc., as well as the seizure of documents and infringing 
goods, interrogation of witnesses and expert witnesses.  
 
(3) The court order for measures to secure evidence shall be served to the person from which 
evidence is to be collected, on the occasion of the collection of evidence, and to an absent person, 
as soon as that becomes possible.  IP/C/W/117/Add.36  
 
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(4) Provisional measure to secure evidence may be requested even before filing an action, provided 
that the action is filed not later than 30 days from the execution of the provisional measure.  
 
Obligation to Provide Information  
 
Article 62  
 
(1) A court may order a person responsibl e for an infringement of the registered appellation of origin 
or geographical indication to provide information about any third parties who have participated in 
the infringement of the appellation of origin or geographical indication and about their distri bution 
channels.  
 
(2) Person referred to in paragraph 1 of this Article who does not fulfil the obligation of providing 
information shall be held liable for any damages arising therefrom.  
 
48. Who has the right to enforce a geographical indication?  
 
In acc ordance with the Law on Indications of Geographical Origin an action for infringement of a 
geographical indication may be filed by applicants for registration of registered geographical 
indications and authorized users of a geographical indications.  
 
49. W hat judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications? Are there fees involved and, if so, what are those 
fees?  
 
Commercial court s have jurisdiction over civil law enforcement actions related t o geographical 
indications. In proceedings before the Commercial court , court fees shall be paid in accordance with 
the Law on court fees.  
 
50. Must the public be notified of the existence of a geographical indication and, if so, how 
and how often?  
 
In accordance with the Law on Indications of Geographical Origin registered a geographical indication 
shall be published in the official publication of the responsible authority, as well as information about 
registered authorized user of a geographical ind ication. Also, in the case of infringement of a 
registered geographical indication, an action may be filed, and the plaintiff may request publication 
of the court decision at the expense of the defendant.  
 
51. Is unauthorized use of a geographical indicati on subject to criminal action and, if so, 
describe the procedures. If the law has not been notified pursuant to Article 63.2 of the 
TRIPS Agreement, please provide a copy.  
 
In accordance with Article 271 of the Criminal Code of Montenegro anyone who, with the intention 
to deceive buyers or service users, uses someone else 's indication of geographic origin, shall be 
punished by a fine or a prison term up to three years. The procedure is prescribed by Criminal 
Procedure Code.  
 
H INTERNATIONAL AGREEM ENTS  
52. Is your government party to an international, including bilateral or plurilateral, 
agreement for the notification and/or registration of geographical indications? If so, 
please name the international agreement and explain the relationship between it and yo ur 
national legislation.  
 
Montenegro is a party of Lisbon Agreement for the Protection of Appellations of Origin and their 
International Registration.  
 
In accordance with Article 9 of the Constitution of Montenegro, the ratified and published 
internationa l agreements (such as TRIPS Agreement) shall make an integral part of the internal legal 
order, shall have the supremacy over the national legislation and shall be directly applicable when 
they regulate the relations differently from the internal legislati on. IP/C/W/117/Add.36  
 
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53. What other international agreements, if any, have been entered into? What do those 
agreements  provide?  
 
Montenegro is not a party of any other international agreement related to the geographical 
indications.  
 
 
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