IP/N/1/MNE/G/1  
 
9 April 2013  
(13-1804)  Page: 1/19  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
MONTENEGRO  
This document reproduces the consolidated text1 of the Law on Indications of Geographical Origin, 
as notified by Montenegro on 21 Februa ry 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MONTÉNÉGRO  
Le présent document contient le texte1 consolidé de la Loi sur les indications d'origine 
géographique, notifiée par le Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto1 refundido de la Ley sobre las Indicaciones del 
Origen Geográfico, notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto 
en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MNE/G/1 
 
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LAW ON INDICATIONS OF GEOGRAPHICAL ORIGIN 
 
("Official Gazette of Montenegro", No. 48/08 and 40/11) 
 
(consolidated text) 
 
I.   SUBJECT-MATTER AND CONDITIONS FOR PROTECTION 
 
Subject Matter of the Law 
Article 1  
(1) This Law shall regulate the acquisition and legal protection of indications of geographical 
origin. 
 (2) Indications of geographical origin shall be appe llation of origin and geographical indication.  
 
 
Use of Indications of Geographical Origin 
Article 2  
(1) Indications of geographical origin shall be used to mark natural, agricultural and industrial 
products, products of traditional handicrafts and services.   
(2) 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 in dication of geographical origin regulated by the 
specific regulation. 
 
 
Appellation of Origin 
Article 3  
(1) An appellation of origin shall be the geographical name of a country, region or a locality, 
used to designate a product originating therein,  the quality and characteristics of which are 
due exclusively or essentially to the geographical environment, including natural and human 
factors, and which is produced, processed or prepared within a specific limited geographical 
area. 
 
(2) Exceptionally, a product may be designated by an appellation of origin where the raw 
materials for the production thereof originates from a geographical area that is wider or different than the geographical area of production, provided that: 
1) The area of production of raw material is limited; 
2) There are specific conditions for the production of raw materials; 
3) There is a system of control in place, which shall ensure fulfillment specific conditions 
for the production of raw materials. 
 
(3) Raw materials referred to in paragraph 2 of this Article shall be only live animals, meat and 
milk.   
 
 
Geographical Indication 
Article 4  
Geographical indication shall be the indication that identifies certain goods as goods originating from the territory of specific country, region or a locality within such territory, where specific quality, reputation or other characteristics of the goods can be essentially attributed to their 
geographical origin. 
  
Traditional and Historic Names 
Article 5 
Where the requirements referred to in Articles 3 an d 4 of this Law have been met, a name that is 
not the official geographical name of a country, a region or a locality that has become well-known IP/N/1/MNE/G/1 
 
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  through a long-term use in trade as the traditional name of the product that originates from such 
region or a historical name of such region shall also be an indication of geographical origin.   
Homonymic Names 
Article 6 
Where the names of two or more places of origin of  the product are identical or nearly identical in 
written or pronounced form (homonymic names), protection of such geographical names shall be 
granted to all interested persons that meet requir ements provided for in this Law, based on the 
principles of just and equal treatment of producers in the market and  truthful information of consumers, except where this could give the wr ong impression to the public about the exact 
geographical origin of the product. 
  
Names That Cannot be Protected 
Article 7 
The following names shall not be protected by the indication of geographical origin: 
 
1) Names contrary to public order or morals; 
2) Names whose appearance or content may mislead consumers with respect to nature, 
origin, quality, manner of production or other characteristics of the  product; 
3) A name that is the exact name of the country, region or a locality of origin of the product, 
which causes wrong impression among consumers that the product  originates from another country, region or a locality; 
4) A name which, due to long-term use,  became  generic, i.e. usual name for a specific 
product; 
5) A name that is not protected or ceased to be protected or ceased to be used in the county 
of origin; 
6) Geographical indication origin for vine products that is identical to the name of the variety 
of grape that existed in the territory Montenegro before January 1, 1995. 
 
 
 
II.   GENERAL PROVISIONS ON THE PROTECTION PROCEDURE 
 
Protection of Indications of Geographical Origin 
Article 8 
(1) Legal protection of indications of geographical origin shall be exercised in the administrative 
procedure before the Intellectual Property Office of Montenegro (hereinafter referred to as: the responsible authority).  
 
(2) Decisions in the procedure referred to in paragraph 1 of this Article shall be final and against 
such decisions administrative dispute procedure may be initiated. 
 
 
Fees and Costs of the Proceedings 
Article 9 
(1) Any fees and costs incurred in the administrati ve procedure before the responsible authority 
shall be collected in accordance with specific legislation that regulates administrative fees, costs of the proceedings and costs of providing information services.  
(2) The schedule of procedural fees and the fees for providing informational services shall be 
determined by the Government of Montenegro (hereinafter referred as: the Government).  
 
 
Registers 
Article 10 
(1) The responsible authority shall keep the Register of Applications for Appellation of Origin, the 
Register of Applications for Registration of Geographical Indications, the Register of Applications for Recognition as Authorized Users of Appellation of Origin, the Register of Applications for Recognition as Authorized Users of Geographical Indications, the Register of IP/N/1/MNE/G/1 
 
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  Appellations of Origin, the Register of Geograph ical Indications, the Register of Authorized 
Users of Appellations of Origin, the Register of Authorized Users of Geographical Indications. 
 (2) The Registers referred to in the paragraph 1 of this Article shall have the status of public 
records and any interested person shall have the right to examine them in the presence of an 
official. 
 
(3) The files of registered geographical indications,  except those protected by confidentiality, may 
be examined only in the presence of an official. 
 (4) Upon the written request of an interested person  and upon payment of the prescribed fee, the 
responsible authority shall issue copies of the documents and the corresponding attestations 
and certificates pertaining to facts entered in the official registers. 
 
(5) A content of the Registers referred to in paragraph 1 of this Article shall be regulated by a 
specific regulation. 
 
 
Availability of Documents 
Article 11 
The responsible authority must make available its documents related to indications of geographical 
origin to any interested person. 
  
International Registration of the In dication of Geographical Origin 
Article 12 
(1) Authorized user of the indication of geographical  origin or the applicant for the authorized user 
of the indication of geographical origin, as the case may be, may file an application for 
international registration in accordance with an international agreement binding on Montenegro. 
 
(2) An application for international registration referred to in paragraph 1 of this Article shall be 
filed to the responsible authority accompanied with a payment of prescribed fees. 
 
(3) Content of the application for international registration of the indication of geographical origin 
shall and the manner of the administration of th e procedure by the responsible authority shall 
be regulated by a specific regulation. 
 
 
Representation 
Article 13 
(1) In the proceedings before responsible authority,  any foreign natural or legal person must be 
represented by an agent listed in the Register of Agents kept by the responsible authority or 
by a local attorney at law. 
 
(2) Any natural or legal person that meets requir ements established by the law that regulates 
patents shall be inserted in the Register of Agents. 
 
  
III.   PROCEEDINGS UPON THE APPLIC ATION TO REGISTER AN INDICATION 
 OF THE GEOGFAPHICAL ORIGIN 
  
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 appe llation 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: IP/N/1/MNE/G/1 
 
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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 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 producers 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 the characteristics of the product differ 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 product. 
 
(4) The prescribed fee shall be payable for the applic ation 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 has 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. 
 
(4) An application for the registration of a geog raphical indication, al ong with the elements 
referred to in paragraph 1 of this Article, ma y include the appearance of the geographical 
indication if comprising of words and possible fi gurative elements or figurative elements only, 
suitable to identify geographical origin of certain goods. 
 IP/N/1/MNE/G/1 
 
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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 spec ific 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.  
 
(2) In case of an application for the registration of an appellation of origin, an information on 
specific characteristics of the product shall be su bmitted in a form of a report on the manner of 
the production of the product and its specific characteristics and quality, which shall include 
inter alia : 
 
1) Particulars on the applicant for the registration of the appellation of origin and the person 
authorized to represent the applicant; 
2) Geographical name to be protected; 
3) An information on the usual manner and the method of production of the product 
concerned; 
4) An information on specific characteristics and the quality of the product; 
5) A proof that the quality control of the  pr oduct has been performed by the authorized 
organization; 
6) Regulations on the method of marking the product; 
7) Regulations designating persons authorized  to use the appellation of origin and the 
conditions for such a use; 
8) Regulations applicable to rights and obligations of a user of the appellation of origin; 
9) Any information under other regulations regulating the quality of a product. 
 
(3) A document referred to in paragraph 2, item 5 of this Article must not be issued earlier than 3 
months before the filing date of the application 
  
Filing Date of the Application 
Article 19 
(1) An application for the registration of an appellation of origin or a geographical indication shall 
be entered in the appropriate Register referred to in Article 10, paragraph 1 of this Law only if 
it contains essential elements referred to in Article 15 of this Law. 
 
(2) The filing date and the filing number shall be indi cated on the application for the registration of 
an appellation of origin or a geographical indication filed directly to the responsible authority that contains essential elements referred to in Article 15 of this Law and the applicant shall be issued a certificate. 
 
(3) Where the application for the registration of an appellation of origin or a geographical 
indication does not contain essential elements referred to in Article 15 of this Law, responsible 
authority shall invite the applicant to rectify the situation within 30 days from the date the 
notification is served, with the warning that the application will be rejected. 
 
(4) If the applicant for the registration of an appellation of origin or a geographical indication 
rectifies the situation within the time limit, a filing date of the motion rectifying the situation shall be recognized, by a specific decision, as a filing date for such an application, and the application shall be entered in the appropriate register of applications. 
 IP/N/1/MNE/G/1 
 
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  (5) If the applicant for the registration of an appellation of origin or a geographical indication does 
not rectify the situation within the time limit, responsible authority shall reject the application. 
  
Sequence of Examination of the Applications 
Article 20 
(1) Applications shall be examined in the sequence determined by their filing dates. 
 
(2) Notwithstanding paragraph 1 of this Article, an application shall be decided upon in an 
expedited procedure: 
 
1) Where of the procedure before the court, customs authorities or inspectorate has been  
initiated, if the court, customs authorities or inspectorate so require; 
2) If the application for an international registration of an appellation of origin or a 
geographical indication has been filed. 
 (3) In cases referred to in paragraph 2 of this Article a request for an expedite examination of the 
application shall be submitted and special fee paid. 
  
Examination of the Completeness of an Application 
Article 21 
(1) The application for the registration of an appellation of origin or a geographical indication shall 
be complete if it contains all the elements referred to in Articles 16-18 of this Law. 
 
(2) If the responsible authority determines that the application for the registration of an 
appellation of origin or a geographical indication is not complete, it shall notify the applicant in 
writing, stating the reasons, and invite the applicant to regularize the application within 30 
days. 
 (3) Upon the substantiated request of the applicant fo r the for the registration of an appellation of 
origin or a geographical indication and upon the payment of the prescribed fee, responsible 
authority may extend the time limit referred to in paragraph 2 of this Article for as long as it finds appropriate, but not longer than 3 months.  
 
(4) If the applicant does not regularize the application within the given time limit or does not pay 
the regularization fee, responsible authority shall reject the application. 
 
(5) In the case referred to in paragraph 4 of this Ar ticle, if the prescribed fee has been paid, the 
applicant for the registration of an appellation of origin or a geographical indication may request the restoration to the previous condition, within 3 months from the date the decision 
to reject the application has been served. 
  
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 th e 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 this Article, where the applicant is a 
domestic person or association of persons referre d to in Article 14, paragraph 2, items 1 and 3 
of this Law, the responsible authority shall ob tain an opinion of the state administrative 
authority responsible for the subject 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. 
  IP/N/1/MNE/G/1 
 
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  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 substantiated request of the applican t 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 3 months.  
 
(3) The responsible 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. 
  
Conversion of the Application for the Registration of an Appellation of Origin Into the 
Application for the Geographical Indication and Vice Versa 
Article 24  
(1) Upon the request of the applicant for the regi stration of an appellation of origin or a 
geographical indication submitted before the en d of the proceedings and upon the payment of 
the prescribed fee,  application for the registration of an appellation of origin can be converted into the application for the registration of  a geographical indication, and vice versa. 
 
(2) In the process of examination of the fulfillment of the requirements for the registration of an 
appellation of origin, where the requirements for the registration of an appellation of origin 
have not been met but the requirements for the registration of a geographical indication have 
been met, the responsible authority shall suggest  to the applicant for the registration of an 
appellation of origin to convert such application into the application for the registration of a geographical indication. 
 
(3) In the process of examination of the fulfillment of the requirements for the registration of a 
geographical indication, where the requiremen ts for the registration of a geographical 
indication have not been met but the requirements for the registration of an appellation of 
origin have been met, the responsible authority shall suggest to the applicant for the registration of a geographical indication to convert such application into the application for the 
registration of an appellation of origin. 
 (4) The responsible authority shall issue an individu al decision on conversion of the appropriate 
application. 
 
 
Decision to Register and Entry into the Appropriate Register 
Article 25 
(1) Where the responsible authority finds that the app lication for the registration of an  appellation 
of origin or a geographical indication meets the  requirements under this Law, the responsible 
authority shall issue a decision on the registration of an appellation of origin or a geographical 
indication, as the case may be, and such an appellation of origin or a geographical indication, along with the prescribed bibliographical data , shall be entered into the Register of the 
Appellations of Origin or the Register of Geog raphical Indications, as the case may be.  
 
(2) Registered appellation of origin or a geographical  indication shall be published in the official 
publication of the responsible authority. 
 
 
Period of Validity of an Appellation of  Origin and a Geographical Indication 
Article 26 
Period of validity of the registered appellation of  origin or a geographical indication shall not be 
limited.  
 
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IV.   PROCEEDINGS UPON THE APPLIC ATION FOR THE RECOGNITION OF THE  
STATUS OF THE AUTHORIZED USER OF THE INDICATION  
OF THE 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 auth orized 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 
geographical 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. 
 
 
Essential Elements of the Application 
Article 28 
(1) Essential elements of the application for recognition of a status of an authorized user of an 
appellation of origin or a geographical indication shall be the following: 
 
1) Request for recognition of a status of an authorized user of an appellation of origin or a 
geographical indication; 
2) Proof of particular activity performed within the particular geographical area.  
 
(2) A proof that the quality control of the prod uct has been performed by the authorized 
organization named in the application for the registration of the appellation of origin shall also be essential element of the application for recognit ion of a status of an authorized user of an 
appellation of origin 
  
Request for Recognition of a Status 
Of an Authorized User 
Article 29 
(1) The request for recognition of a status of an authorized user of an appellation of origin or  a 
geographical indication shall contain: 
 
1) Particulars of the applicant; 
2) Geographical name to be protected; 
3) Type of a product to which the geographical name applies; 
4) Name of the region or locality the product originates from; 
5) Manner of marking of a product; 
6) Appearance of an appellation of origin or  a geographical indication; 
7) Indication of specific characteristics of the product; 
8) Signature of the applicant; 
9) Proof that the prescribed fee has been paid. 
 (2) In addition to elements referred to in paragraph 1 of this Article, the request for recognition of 
a status of an authorized user of an appellation of origin shall contain the name of the 
organization authorized to control the quality of the product. 
 
 IP/N/1/MNE/G/1 
 
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  Proof of the Specific Activity Performed 
Within the Specific Region 
Article 30 
Appropriate certificates and decisions issued by competent authorities or any other documents 
adequately substantiating relevant facts, shall be deemed to be the proof of specific activity 
performed or specific product produced within specific region.  
 
The Proof of Quality Control of the Product Performed 
Article 31 
(1) Any document (attestation, certificate, credential or report) confirming that the quality control 
of the product has been performed, issued by  the authorized organization named as the 
organization responsible to perform quality control in the request for the registration of the appellation of origin and the request for the recognition of the status of an authorized user of 
the appellation of origin, which verifies that the product subject to control has all the specific 
characteristics listed in the report on the ma nner of production of the product and specific 
characteristics and quality thereof referred to Article 18, paragraph 2 of this Law, shall be 
deemed to be the proof that the quality control of the product has been performed. 
 (2) The document referred to in paragraph 1 of this Article shall be valid for six months. 
 
 
Filing Date of the Application 
Article 32 
(1) The application for the recognition of a status of an authorized user of an appellation of origin 
or a geographical indication shall be entered in the appropriate register referred to in Article 10, paragraph 1 of this Law only if it contains essential elements referred to in 
Article 28 of this Law. 
 (2) The filing date and the filing number shall be indicated on the application referred to in 
paragraph 1 of this Article filed directly to the responsible authority that contains essential 
elements referred to in Article 28 of this Law an d the applicant shall be issued a certificate. 
 (3) Where the application for the recognition of a status of an authorized user of an appellation of 
origin or a geographical indication does not contain essential elements referred to in Article 28 
of this Law, responsible authority shall invite  the applicant to rectify the situation within 
30 days from the date the information was received, with the warning that the application will 
be rejected. 
 (4) If the applicant for the recognition of a status of an authorized user of an appellation of origin 
or a geographical indication rectifies the situation within the time limit, a filing date of the 
motion rectifying the situation shall be recognized , by a specific decision, as a filing date for 
such an application, and the application shal l be entered in the appropriate register of 
applications. 
 
(5) If the applicant for the recognition of a status of an authorized user of an appellation of origin 
or a geographical indication does not rectify the situation within the time limit, the responsible 
authority shall reject the application. 
  
Sequence of Examination of Applications 
Article 33 
(1) Applications shall be examined in the order determined by their filing dates. 
 
 
Examination of Completeness of the Application 
Article 34 
(1) An application for the recognition of a status of an authorized user of an appellation of origin or 
a geographical indication shall be complete if it contains all the elements referred to in Articles 29-31 of this Law. 
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  (2) If the responsible authority determines that the application referred to in paragraph 1 of this 
Article is not complete, it shall notify the applicant in writing, stating the reasons, and invite the applicant to regularize the application within 30 days. 
 
(3) Upon the substantiated request of the applicant for the recognition of the status of an 
authorized user of an appellation of origin or a geographical indication and the payment of the prescribed fee, responsible authority may extend  the time limit referred to in paragraph 2 of 
this Article for as long as it finds appropriate, but not longer than 3 months.  
 (4) If the applicant does not regularize the application within the given time limit or does not pay 
the regularization fee, responsible authority shall reject the application. 
 
(5) In the case referred to in paragraph 4 of this Ar ticle, if the prescribed fee has been paid, the 
applicant for the recognition of a status of an authorized user of an appellation of origin or a 
geographical indication may request the restoration to the previous condition, within 3 months 
from the date the decision to reject the application has been served. 
 
 
Examination of the Requirements for the 
Recognition of a Status of an Authorized User 
Article 35 
Where the application for the recognition of a status of an authorized user of an appellation of 
origin or a geographical indication is complete in accordance with Articles 29-31 of this Law, the responsible authority shall examine whether the requirements for the recognition of the status of 
an authorized user of an appellation of origin or a geographical indication have been met. 
  
Decision to Deny the Status of an Authorized User 
Article 36 
(1) Where the responsible authority determines that the application for recognition of the status of 
an authorized user of an appellation of origin or a geographical indication does not meet 
requirements for the recognition of the status of an authorized user of under this Law, the 
responsible authority shall notify the applicant in writing, stating the reasons for denial to recognize the status of an authorized user of an appellation of origin or a geographical 
indication and inviting him to comment those reasons within 60 days. 
 (2) Upon the substantiated request of the applicant for the recognition of the status of an 
authorized user of an appellation of origin or a geographical indication and the payment of the 
prescribed fee, 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 3 months.  
 
(3) The responsible authority shall decide to deny the recognition of a status of an authorized user 
of an appellation of origin or a geographical indication if the applicant does not comment reasons referred to in paragraph 1 of this Article. 
 
 
Conversion of the Application for the Recognit ion of a Status of the Authorized User of 
an Appellation of Origin Into the Applicat ion for the Recognition of a Status of an 
Authorized user the Geographical Indication and Vice Versa 
Article 37  
(1) Where in the proceedings upon the application for the recognition of a status of an authorized 
user pursuant Article 24 of this Law, a conversion  of an application for the registration of the 
appellation of origin into the application for the registration of the geographical indication has taken place, the applicant for the recognition of  the status of an authorized user of an 
appellation of origin or a geographical indication that has been converted shall, along with the 
payment of the prescribed fee, submit the request to convert the application for the 
recognition of a status of an authorized user of the appellation of origin into the application for 
the recognition of status of an  authorized user  of a geographical indication, or vice versa. 
 (2) The responsible authority shall notify without delay all the applicants for the recognition of a 
status of an authorized user of an appellation of origin or a geographical indication that the IP/N/1/MNE/G/1 
 
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  request for the conversion of an appellation of origin or a geographical indication has been 
submitted pursuant Article 24 of this Law. 
 (3) The responsible authority shall issue an individu al decision on conversion of the appropriate 
application. 
  
Decision on Payment of the Fee for the Recognition 
Of a Status of an Authorized User 
Article 38 
(1) Where the application for the recognition of a status of an authorized user of an appellation of 
origin or a geographical indication meets the requirements under this Law for the recognition 
of the status of an authorized user of an appellation of origin or 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 an appellation of origin or a geographical indication for the first three 
years and the costs of publication of  the information on the authorized user of an appellation of origin or a geographical indication, and to furnish evidence of payment. 
 
(2) Where the applicant does not furnish the eviden ce of payment referred to in paragraph 1 of 
this Article within 30 days, the application shall be considered withdrawn, and the responsible authority shall declare withdrawal by an individual decision. 
 
(3) In the case referred to in the paragraph 2 of this Article, an applicant for the for the 
recognition of a status of an authorized user of an appellation of origin or a geographical 
indication may request the restoration to the previous condition, within 3 months from the 
date the decision to reject the application has been served. 
 
 
Decision to Recognize a Status of an Authorized User 
and Entry Into the Appropriate Register 
Article 39 
Where the applicant for the recognition of a status of an authorized user of an appellation of origin 
or a geographical indication furnishes the evidence  of payments referred in Article 38, paragraph 1 
of this Law, the responsible authority shall issue a decision on recognition of the status of an 
authorized user of an appellation of origin or a ge ographical indication and the recognized status of 
the applicant, along with the prescribed bibliograp hical data, shall be entered into the Register of 
Authorized Users of Appellations of Origin or th e Register of Authorized Users of Geographical 
Indications, as the case may be. 
  
Issuance of the Certificate and Publication of the Information 
Of the Status of the Authorized User 
Article 40 
(1) An authorized user of an appellation of origin or a geographical indication shall be issued a 
certificate verifying the status of an authorized user of an appellation of origin or a 
geographical indication and the prescribed in formation shall be published in the official 
publication. 
 
(2) The content of the certificate verifying the st atus of an authorized user referred to in 
paragraph 1 of this Article shall be regulated by a specific regulation. 
 
 
Validity of the Status of the Authorized User 
Article 41 
(1) Status of the authorized user of an appellation of origin or a geographical indication shall be 
valid for three years as of the date of entry into the Register of Authorized Users of Appellations of Origin or the Register of Author ized Users of Geographical Indications, as the 
case may be. 
 (2) Upon the application of the authorized user of  an appellation of origin or a geographical 
indication, accompanied with the evidence that re quirements prescribed by this Law have been 
met and that the prescribed fee has been paid, the status of an authorized user can be IP/N/1/MNE/G/1 
 
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  renewed perpetually, for as long as the appropriate appellation of origin or a geographical 
indication is valid.  
 (3) The content of the application referred to in para graph 2 of this Article shall be regulated by a 
specific regulation. 
  
 
V.   CONTENT AND THE SCOPE OF THE RIGHT OF THE USER OF THE INDICATION OF 
THE GEOGRAPHICAL ORIGIN 
 
 
Use of a Registered Appellation of Or igin or a Geographical Indication 
Article 42 
(1) Registered appellation of origin or geographical  indication may be used only by the persons 
who were recognized the status of an authorized user of such appellation of origin or geographical indication, which were entered in the appropriate Register. 
 
(2) Authorized users of an appellation of origin or a geographical indication shall have the right to 
use the appellation of origin or the geographical indication to mark the product that the appellation of origin or the geographical indication has been related to. 
 
(3) Authorized users shall have the exclusive right to mark their products with the indication 
"controlled appellation of origin". 
 
(4) Rights referred to in paragraphs 2 and 3 of this Article shall include the right to use an 
appellation of origin or a geographical indica tion on packaging, catalogues, prospectuses, 
advertisings, posters and other forms of offer, on instructions, invoices, business 
correspondence and other forms of business documents, and to import or export goods bearing such appellation of origin or geographical indication. 
 
 
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 registered appellation of origin or geographical 
indication, their translation, transcription or transliteration, regardless of the font or the color 
used, or expressed in any other manner, to mark products, where the appellation of origin or the 
geographical 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. 
 
 
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. 
 
 IP/N/1/MNE/G/1 
 
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  Use of the Personal Name 
Article 45 
The provisions of this Law shall in no way influence any person to use his/her personal name in the commercial activities,  or that of his/her predecessor, except where such name is used in such a 
manner as to deceive consumers. 
  
Prohibition of Transfer 
Article 46 
(1) Registered appellation of origin or geographical indication shall not be subject to the contract 
on transfer of rights, license agreement, pledge, franchise or the like.  
 
(2) Where the registered appellation of origin or geographical indication is subject of the 
application for the registration of a trademark or is a registered trademark, such a trademark 
cannot be transferred, assigned, pledged or the like.   
  
 
VI. CANCELLATION OF THE DECISION ON REGISTRATION 
  
Conditions for Cancellation of the Decision 
Article 47 
Upon the written application of an interested person, the responsible authority may cancel the 
decision to register 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 authorized user have 
not been met at the time when the decision was issued. 
  
Application for the Cancellation of the Decision  
Article 48 
(1) The application referred to in Article 47 of this Law shall be submitted in two copies and shall 
include: 
 
1) Particulars of the applicant; 
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 request has been submitted; 
4) Particulars of the authorized user of the indication of geographical 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 application 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 of this Article, responsible authority shall 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 responsible authority shall reject the application.  
  
Proceedings upon the Complete Application 
Article 49 
(1) Where the application 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. IP/N/1/MNE/G/1 
 
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(2) The responsible authority may schedule the hearing in the proceedings initiated upon the 
application referred to in Article 47 of this Law. 
 
(3) If the applicant for the cancellation of the decisi on to re g is te r an ind ic atio n of g e og raphic a l 
origin or a decision to recognize the status of an authorized user renounces the application, the responsible authority may continue the proceedings ex officio . 
 
(4) Provisions of Articles 23 and 36 of this Law shall apply mutatis mutandis  to the proceedings 
upon the application for the cancellation of the decision to register 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 to register an indication of geographical origin or a decision to recognize the status of  an authorized user.  
 
(2) Three months after the decision to cancel the deci sion to register an indication of geographical 
origin or a decision to recognize the status of an authorized user has become final and enforceable, the responsible authority shall publ ish prescribed information on such a decision 
in its official publication. 
  
Article 51 
Cancellation of the decision to register an indi cation of geographical origin or a decision to 
recognize the status of an authorized user shall not have the effect on any court decision related to 
the violation of rights that are final and enforcea ble at the time of issuance of such a decision, 
provided that the plaintiff, i.e. authorized user of  the indication of geographical origin has acted in 
good faith.     
 
 
VII.   TERMINATION OF THE INDI CATION OF GEOGRAPHICAL ORIGIN 
 
 
Termination of the Appellation of Or igin 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 competent 
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 protection 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. 
  
 
Termination of the Geographical Indi cation 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 gene ric, 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. IP/N/1/MNE/G/1 
 
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(3) Registered geographical indication that is register ed and protected in its country of origin as an 
appellation of origin, cannot be declared as gene ric, 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 its official publication. 
   
VIII.    TERMINATION AND REVOCATION OF THE STATUS 
OF AN AUTHORIZED USER 
 
 
Termination of the Status of an Authorized User of an 
Appellation of Origin or a Geographical Indication 
Article 54 
Status of an authorized user of an appellation of origin or a geographical indication shall be terminated before the time referred in Article 41, paragraph 1 of this Law lapses, if:  
1) An authorized user of an appellation of origin or a geographical indication renounces his 
right - on the first day subsequent to the day on which the responsible authority receives the motion of renunciation; 
2) An appellation of origin or a geographical indication ceased to be valid based on the 
decision of the responsible authority pursuant Articles 52 or 53 of this Law - on the day set in the decision concerned; 
3) A legal person who is the authorized user ceased to exist or a or if the natural person who 
is the authorized user has died - on the day th e legal person ceased to exist or on the day 
of death, except where the right has been tr ansferred to the successors in right of the 
legal person. 
 
 
Revocation of the Decision to Recognize the Status of an Authorized User 
Article 55 
(1) Upon the application of an interested person, the responsible authority may revoke a decision 
to recognize 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 to recognize 
the status of an authorized user of an appellation of origin or a geographical 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 geographical indication. 
 
(3) If the applicant for the revocation of a decision to  recognize 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 to recognize the status of an authorized user of an appellation of origin or a geographical indication. 
 
The status of a person inserted in the appropriate register as the authorized user of an appellation 
of origin or a geographical indication shall be terminated on the first day subsequent to the day 
the decision to revoke a decision to recognize the st atus of an authorized user of an appellation of 
origin or a geographical indication became final and enforceable.   
 IP/N/1/MNE/G/1 
 
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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 indi cation 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 just ifiable 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 requ est 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 to 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. 
 
(4) 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 Articl es 42 and 43 of this Law shall constitute an 
infringement of an appellation of origin or a geographical indication. 
 
(2) The imitation of the 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 in 
Article 56 of this Law may be filed by any pers on 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, th e court deciding the case based on the action 
referred to in Article 56 of this Law shall delay the proceedings pending 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. IP/N/1/MNE/G/1 
 
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  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 ma rket 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 products 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 before 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 court may order a provisional measure without the defendant 
being heard, whereas the defendant must be no tified of the execution of the provisional 
measure without delay, but not later than five days from the execution of the provisional measure. 
(4) The court 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 
concerning 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 Articl e, 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. 
 
(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 responsible 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 distribution channels. IP/N/1/MNE/G/1 
 
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(2) Person referred to in paragraph 1 of this Article who does not fulfill the obligation of providing 
information shall be held liable for any damages arising therefrom.  
 
 
 
XI.   PENAL PROVISIONS 
 
Offences 
Article 63 
(1) Any legal entity that does not have a status of the authorized user of an appellation of origin or 
registered geographical indication, that uses a registered appellation of origin or registered 
geographical indication, their translation, transcription or transliteration, shall be fined € 1,300 – € 20,000 (Article 43). 
 
(2) Any responsible person in the legal entity shall be fined € 60 – € 1,500 for the offence referred 
to in paragraph 1 of this Article.   
 
(3) Any entrepreneur shall be fined € 1,300 – € 6,000 for the offence referred to in paragraph 1 of 
this Article. 
 
 
Article 64 
(1) Any legal entity who engages in representation in exercising the rights stemming from this 
Law, and who is not registered in the Register of Representatives maintained by the 
responsible authority shall be fined € 1,300 – € 15,000 (Article 13).   
(2) Any responsible person in the legal entity and any natural person shall be fined € 60 – € 600 
for the offence referred to in paragraph 1 of this Article  
 
(3) Any entrepreneur shall be fined € 1,300 – € 6,000 for the offence referred to in paragraph 1 of 
this Article.  
  
 
XII.   TRANSITIONAL AND FINAL PROVISIONS 
 
Article 65 
Protection of indications of geographical origin in accordance with Article 33 of the Stabilization and Association Agreement between the European Communities and their Member States of the one part and the Republic of Montenegro, of th e other part ("Official Gazette of Montenegro" 
No. 7/2007) shall be provided in the procedures and the manner prescribed by this Law. 
  
Article 66 
Implementing regulations for this Law shall be enacted not later than 3 months from the day on which this Law enters into force. 
 
 
Article 67 
On the day this Law comes into effect, the Law on Indications of Geographical Origin (Official 
Gazette of Serbia and Montenegro No. 20/06) shall cease to be effective. 
  
Article 68  
(1) This Law shall enter into force on the eighth day after the day of its publication in the "Official 
Gazette of Montenegro". 
 
(2) This Law shall come into effect on September 1, 2008.  
  
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