IP/N/1/MNE/1  
 
25 March 2013  
(13-1625)  Page: 1/8  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
MONTENEGRO  
 
By means of a communication received on 21 February 2013, the Delegation of Montenegro has submitted the following notification under Article 63.2 of the TRIPS Agreement.   
_______________ 
  
Regarding notifications related to the TRIPS Agreement, please find enclosed a notification under 
Article 63.2 (Checklist on issues of enforcement
1) and notification under Article 69 (contact point).2 
Regarding the obligation of notification of national IP legislation (notification under Article 63.2 of 
TRIPS), please find enclosed the list of main dedicated IP laws and regulations and the list of other 
laws and regulations.  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
 
 TITLE OF THE LAW  
OFFICIAL GAZETTE IN MONTENEGRIN IN ENGLISH 
    
 1. Zakon o autorskom i srodnim 
pravima Copyright and Related Rights Act
3 
 ("Official Gazette of 
Montenegro", No. 37/11)  
 2. Zakon o žigu Law on Trademarks
4 ("Official Gazette of 
Montenegro", 
No. 72/10) 
 
3. Zakon o izmjenama i 
dopunama Zakona o žigu Law on Amendments to the Law 
on Trademarks5 ("Official Gazette of 
Montenegro", No. 44/12) 
 
 
4. Zakon o oznakama 
geografskog porijekla 
(consolidated text) Law on Indications of 
Geographical Origin6 
(consolidated text) 
 ("Official Gazette of 
Montenegro", 
No. 48/08 and 40/11) 
                                               
1 See document IP/N/6/MNE/1. 
2 See document IP/N/3/MNE/1. 
3 See document IP/N/1/MNE/C/1. 
4 See document IP/N/1/MNE/T/1. 
5 See document IP/N/1/MNE/T/1/Add.1. 
6 See document IP/N/1/MNE/G/1. IP/N/1/MNE/1 
 
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 5. Zakon o oznakama porijekla, 
geografskim oznakama i oznakama garantovano 
tradicionalnih specijaliteta 
poljoprivrednih i prehrambenih proizvoda 
 Law on Designations of Origin, 
Geographical Indications and Indications of Traditional 
Specialities Guaranteed for 
Agricultural and Food Products
7  
 ("Official Gazette of 
Montenegro", 
No. 18/11) 
 
6. Zakon o pravnoj zaštiti 
industrijskog dizajna Law on Legal Protection of 
Industrial Design8 ("Official Gazette of 
Montenegro", 
No. 80/10)  
 7. Zakon o patentima 
 (consolidated text) Patent Law
9 
 (consolidated text) ("Official Gazette of 
Montenegro", No. 66/08, 40/10  and 
40/11) 
 
 8. Zakon o zaštiti topografija 
poluprovodnika Law on the Protection of 
Topographies of Integrated Circuits
10 
 ("Official Gazette of 
Montenegro", No. 75/10) 
 9. Zakon o zaštiti neobjavljenih 
podataka 
 
(consolidated text) The Law on Protection of  
Undisclosed Information
11 
 
(consolidated text) ("Official Gazette of 
Republic of 
Montenegro" 
No. 16/07 and "Official Gazette of 
Montenegro" 
No 73/08)  
   
10.  
Zakon o primjeni propisa kojima se ure đuje zaštita prava 
intelektualnu svojinu 
 (consolidated text)  
The Law on Enforcement of the Legislation that Regulates 
Protection of Intellectual Property 
Rights
12 
 
(consolidated text) 
  
("Official Gazette of Republic of  
Montenegro", 
No. 25/05 and "Official Gazette of  
Montenegro", 
No. 37/11, 40/11)  
 
OTHER LAWS AND REGULATIONS 
 
 Copyright and related rights 
 
 
1. Pravilnik  o deponovanju i 
evidenciji  autorskih djela i 
predmeta srodnih prava Regulation on the Deposit and 
Register of Copyright Works and 
Subject Matter of Related 
Rights13 ("Official Gazette of 
Montenegro", 
No. 30/12) 
 
 Trademarks 
 
  2. Pravilnik o postupku za 
priznanje, promjenama, obnovi važenja i me đunarodnoj 
registraciji žiga Regulation on the Procedure  of 
Granting, Changing, Renewing and Internationally Registering Trademarks
14  
("Official Gazette of Montenegro", No. 50/11) 
 
                                               
7 See document IP/N/1/MNE/G/2. 
8 See document IP/N/1/MNE/D/1. 
9 See document IP/N/1/MNE/P/1. 
10 See document IP/N/1/MNE/L/1. 
11 See document IP/N/1/MNE/U/1. 
12 See document IP/N/1/MNE/E/1. 
13 See document IP/N/1/MNE/O/1. 
14 See document IP/N/1/MNE/O/2. IP/N/1/MNE/1 
 
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   Geographical indications 
 
 
 3. Pravilnik o postupku za 
priznanje oznake geografskog porijekla i priznanju statusa 
ovlašćenog korisnika oznake 
geografskog porijekla Regulations on the procedure for 
recognition of indication of  geographical origin and 
recognition of status of the 
authorized user of indication of geographical origin
15 
  
("Official Gazette of Montenegro", 
No. 27/09) 
 Industrial design 
 
 
4. Pravilnik o postupku za 
priznanje, promjenama i obnovi 
važenja industrijskog dizajna Regulation on the Procedure for 
Recognition, Changes and 
Renewal of the Validity of 
Industrial Design16 
  
("Official Gazette of 
Montenegro", 
No. 12/12) 
 Patents 
 
 5. Uredba o postupku za pravnu 
zaštitu pronalazaka Regulation on the Procedure for 
Legal Protection of Inventions
17 ("Official Gazette of 
Serbia and Montenegro", 
No. 62/04) 
 
 Civil judicial procedures and remedies 
 
 6.  
Zakon o parni čnom postupku 
 
(consolidated text)  
Law on Civil Procedure
18 
 
(consolidated text) 
 ("Official Gazette of 
Republic of Montenegro", 
No. 22/04 and 76/06) 
 Provisional judicial measures 
 
 7. Zakon o izvršenju i 
obezbje đenju Law on Enforcement and 
Securing of Claims
19 ("Official Gazette of 
Montenegro", 
No. 36/11)  
 Special requirements rela ted to border measures 
 
  8. Uredba o postupanju carinskog 
organa sa robom za koju se sumnja da povre đuje prava 
intelektualne svojine Regulation on Procedure of 
Customs Authority with the Goods Under Suspicion of 
Infringing the Intellectual 
Property Rights
20 
  
("Official Gazette of Montenegro" 
No. 33/11) 
 Criminal procedures 
 
 
9.  
Zakon o krivi čnom postupku 
 
(consolidated text)  
The Criminal Procedure Code21 
 
(consolidated text)   
("Official Gazette of 
Montenegro", 
No. 57/09 and 49/10) 
                                               
15 Text not available in English. 
16 See document IP/N/1/MNE/O/3. 
17 Text not available in English. 
18 See document IP/N/1/MNE/O/4. 
19 See document IP/N/1/MNE/O/5.  
20 See document IP/N/1/MNE/O/6. 
21 See document IP/N/1/MNE/O/7. IP/N/1/MNE/1 
 
- 4 - 
 
   Other legislation 
 
 
  
10.  
  
Krivični zakonik 
 (consolidated text)  
  
Criminal Code
22 
 (consolidated text) ("Official Gazette of 
the Republic of Montenegro" 
No. 70/03, 13/04, 
47/06 and the "Official Gazette of 
Montenegro" 
No. 40/08, 25/10 and 32/11)  
 11.  
Zakon o zaštiti konkurencije  
Law on Protection of 
Competition
23 ("Official Gazette of 
Montenegro", 
No. 44/12) 
 
  12.  
 Zakon o opštem upravnom 
postupku 
 (consolidated text)  
 Law on General Administrative 
Procedure
24 
 (consolidated text) ("Official Gazette of 
Republic of Montenegro", 
No. 60/03 and the 
"Official Gazette of Montenegro" No. 32/11) 
 
 
                                               
22 See document IP/N/1/MNE/O/8. 
23 See document IP/N/1/MNE/O/9. 
24 See document IP/N/1/MNE/O/10. IP/N/1/MNE/1 
 
- 5 - 
 
  ANNEX  
LIST OF "OTHER LAWS AND REGULATIONS" 
 
TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE  
  
 
BRIEF DESCRIPTION  
 
 
Copyright and related rights 
 
Regulation on the Deposit and Register of 
Copyright Works and Subject Matter of Related 
Rights; No: 0901-374/9; adopted on 4th June  
2012; entry into force on 16th June 2012.  
 
   
  
 
 This Regulation regulates in detail the 
conditions, which copies of copyright works 
and of subject matter of related rights (hereinafter: protected matter ) must meet, 
which are deposited with the state 
administration authority competent for matters of intellectual property and the contents of the register of deposited protected matter. 
 
Trademarks 
 
Regulation on the Procedure of Granting, Changing, Renewing and Internationally 
Registering Trademarks; No: 0901-2056/4; 
adopted on 17
th October 2011; entry into force 
on 29th October 2011. 
 
 
  
 
  
 
This Regulation defines in detail the contents and manner of keeping the Trademark 
Register and the application records, the 
detailed content of the application for the registration of a trademark, the content of the request for the issuance of a certificate of the 
priority right and the content of the certificate 
of the priority right, the content of the data from the application  which are published in 
the Official Gazette, the detailed content of the 
data on the registration of a trademark which are published in the Official Gazette, the 
detailed content of the request for the division 
of a trademark and the documentation required to be submitted with the request, the content of the request to enter changes in the 
Trademark Register and the documentation 
required to be submitted with the request, the detailed content of the request for the entry of 
the transfer of a trademark and the 
documentation required to be submitted with the request, the content of the request for the 
renewal of the trademark and the 
documentation required to be submitted with the request, and the content of the request for the international registration of a trademark 
and the evidence required to be submitted 
with the request.  IP/N/1/MNE/1 
 
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  Geographical indications 
 
Regulations on the procedure for recognition of 
indication of geographical origin and 
recognition of status of the authorized user of indication of geographical origin; No.0701-
773/4; Adopted on 7
th April  2009; entry into 
force on 21st April 2009. 
  
 This Regulation regulates in detail procedure 
for recognition of indication of  geographical 
origin and recognition of status of the authorized user of indication of geographical 
origin. 
 
Industrial design 
 Regulation on the Procedure for Recognition, 
Changes and Renewal of the Validity of 
Industrial Design; No. 0901-2756/2; adopted on 22
nd December 2011; entry into force on 
3rd March 2012. 
   
 This Regulation shall govern in detail the 
contents and manner of keeping the Design 
Register (hereinafter: the Register) and the Record of Design Applications (hereinafter: 
Record of Applications), the contents of the 
request and the application for design registration, the contents of the request for 
the division of multiple applications and the 
documentation which shall be appended to the request, the data contained in the decision on the registration of a design which are 
published in the official gazette, the contents 
of the request for entry of changes in the Register and the documentation which shall be 
appended to the request, and the contents of 
the design renewal request and the documentation which shall be appended to the 
request. 
 
Patents 
 Regulation on the Procedure for Legal Protection of Inventions; No. 230; adopted on 
24
th December 2004; entry into force on 
1st January 2005. 
 
  
 
This Regulation regulates in detail the issues concerning the procedure for the legal 
protection of inventions that are conducted 
before the administrative body responsible for intellectual property matters. 
 
 
Civil judicial procedures and remedies 
 Law on Civil Procedure, adopted on 23
rd March 2004; entry into force on 
10th April 2004. 
 (consolidated text of Law) 
  
 This Law defines rules of procedure on the basis of which the court deliberates and 
decides on personal and family disputes, labor 
disputes, property and other civil disputes between natural and legal persons, unless 
some of the mentioned disputes have been 
placed under the competence of another public authority under a separate law. 
 IP/N/1/MNE/1 
 
- 7 - 
 
  Provisional judicial measures 
 
Law on Enforcement and Securing of Claims; 
adopted on 12th July 2011; entry into force on 
25th September 2011. 
 
 
  
 This Law defines the procedure of enforced 
satisfaction of claims on the basis of domestic 
or foreign enforceable or authentic document and securing of claims.  This Law shall also 
apply to involuntary enfo rcement of a decision 
adopted in an administrative procedure on fulfilling a monetary obligation, if enforcement 
is levied on real estates, shares and holdings 
of business organization members. This Law shall also apply to involuntary enforcement of notarial documents and other documents 
envisaged by law. This Law shall also apply to 
enforcement and securing of claims on ship and aircraft, only if prescribed so by a 
separate law.   
 
Special requirements related to border 
measures 
 Regulation on Procedure of Customs Authority 
with the Goods Under Suspicion of Infringing 
the Intellectual Property Rights; adopted on 23
rd June 2011; entry into force on 
16th July 2011; in effect since 
1th January 2012. 
  
  This Regulation stipulates the conditions for 
undertaking actions with goods suspicious of 
infringing an intellectual property right and procedure for undertaking such actions, in 
cases when the goods are: 
Declared for release for free circulation, export or re-export, 
Found during the control of goods entering or 
exiting the customs territory of Montenegro, Placed under a suspensive customs procedure, or placed in free zone or free warehouse. 
This Regulation stipulates actions for 
protection of an intellectual property right undertaken by the customs authority when the 
goods referred in Paragraph 1 are found to 
infringe intellectual property rights.  
Criminal procedures 
 The Criminal Procedure Code; adopted on 27
th 
July 2009; entry into force on 
26th August 2009; in effect since 1st September 
2011. 
 
(consolidated text of Law) 
  
 This Code sets forth the rules with the 
objective to enable a fair conduct of the 
criminal proceedings and ensure that no innocent person be convicted and that a 
criminal sanction be imposed on a criminal 
offender under the conditions provided for in the Criminal Code and on the basis of legally 
conducted proceedings. 
 IP/N/1/MNE/1 
 
- 8 - 
 
  Other legislation 
 
 
Criminal Code; adopted on 
17th December 2003; entry into force on 
2nd January 2004; in effect since 
2nd April 2004. 
 (consolidated text of Law-Code) 
   
  
This Code prescribes criminal sanctions and 
their application, to the extent necessary for the suppression of criminal offences 
 
Law on Protection of Competition; adopted on 
26th July 2012; entry into force on 8th 
October 2012. 
  
This Law shall regulate the protection of 
competition in the market of Montenegro and other matters relevant to the protection of 
competition.  
 
 Law on General Administrative Procedure; adopted on 21
st October 2003; entry into force 
on 5th November 2003.  
 
(consolidated text of Law) 
 
  
This Law defines the procedures which state authorities and local administration authorities apply when deciding on administrative matters 
on rights, obligations or legal interests of a 
natural person, legal person or other party, as w e l l  a s  w h e n  p e r f o r m i n g  o t h e r  a f f a i r s  
determined by this Law.   
 
   
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