RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/14 
30 May 2006 
 (06-2583) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
  
ACCESSION OF MONTENEGRO 
 
Implementation of the WTO Agreement
 
 on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
   The following submission, dated 12 May 2006, is  being circulated at the request of the 
Delegation of the Republic of Montenegro. 
 
_______________ 
 
   
 WT/ACC/CGR/14 
Page 2  
 
 Implementation of the WTO Agreement
 
on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
TRIPS Agreement Country 
General Obligations IP Agreements to which the country adheres 
Compliance with Articles 1 through 12 and 
Article 19 of the Paris Convention for the Protection 
of Industrial Property in re spect of Parts II, III, and 
IV of the TRIPS Agreement. TRIPS Article 2. Serbia and Montenegro is a Member of the Paris 
Convention. 
Under Paris, Article 1(2), industrial property has as 
its object patents, utility models, industrial designs, 
trademarks, service marks, trade names, indications of source or appellations of origin, and the repression 
of unfair competition. Serbia and Montenegro is a Member of the Paris 
Convention. 
In Paris. Article 1(3), industrial property applies not 
only to industry and commerce proper, but to agricultural and  extractive industries and to all 
manufactured or natural products, e.g., wines, grain, 
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour. Serbia and Montenegro is a Member of the Paris 
Convention. 
Under Paris, Article 2, nationals of Members are to 
enjoy in other Members the advantages that their 
respective laws grant to nationals, and shall have the same protection and the same legal remedy against 
any infringement of their rights if they conform to 
the conditions and formalities imposed upon the Member's nationals. Serbia and Montenegro is a Member of the Paris 
Convention. 
Paris, Article 3, requires that nationals of non-Member countries domiciles or that have "real and 
effective" industrial or commercial establishments in 
a Member country be treated as nationals of a 
Member country. Serbia and Montenegro is a Member of the Paris 
Convention. 
Under Paris, Article 4, a right of priority is to be 
given an applicant for a patent, for registration of a 
utility model, an industrial design, or of a trademark 
who has filed the equivalent of a regular national filing under the domestic legislation of a Member 
country. The periods of priority are to be 12 months 
for patents and utility models, and 6 months for industrial designs and trademarks. The 
Article discusses the technical details of granting 
priority in depth. Serbia and Montenegro is a Member of the Paris 
Convention. 
Patent Law Article 33. 
Trademark Law Article 20. Design Law Article 25. 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are 
independent of each other. Serbia and Montenegro is a Member of the Paris 
Convention.  
Article 4 ter requires that inventors have the right to 
be named as such in the patent. Serbia and Montenegro is a Member of the Paris 
Convention. Patent Law Article 24.  WT/ACC/CGR/14 
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  TRIPS Agreement Country 
Under Article 4 quater  restrictions or limitations on 
the sale of a patented product or a product produced by a patented process cannot be the ground for 
refusing a patent or inva lidating one already issued. 
Under Article 5(A)(1), importation of  a patented 
product manufactured in a Paris Union country 
cannot be the basis of forfeiture of the patent. Article 5(A)(2) and (3) authorize countries to use 
compulsory licensing as a means to prevent abuses, 
such as the failure to work, but they may not forfeit a patent unless the grant of  a compulsory licence 
would not be sufficient to prevent the abuse. 
Proceedings for forfeiture or revocation cannot be institute until two years afte r the grant of the first 
compulsory licence. Serbia and Montenegro is a Member of the Paris 
Convention. Patent Law Articles 7, 63, 66. 
Article 5(A)(4) prohibits application for a compulsory licence for failure to work until four years have passed since tile application was filed or 
three years from date of grant and no compulsory 
licence is to be granted if the patentee justifies the failure to work. Licenses are to be non-exclusive, and 
may not be transferred except with the enterprise or 
goodwill that exploits th e licence. Article 5(B) 
prohibits forfeiture of industrial designs for failure to 
work or for importing Article corresponding to those 
that are protected. Serbia and Montenegro is a Member of the Paris 
Convention. Patent Law Articles 63, 65. 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of 
time has passed and permits the proprietor to use differing elements that do not diminish the distinctive 
character of a mark without invalidating the 
registration or diminishing the protection granted the mark. Concurrent use of the mark by co-proprietors 
is permitted so long as the public is not mislead. Serbia and Montenegro is a Member of the Paris 
Convention Trademark Law Article 53. 
Under Article 5(D), protection of patents, registered 
trademarks, and industrial designs cannot be conditioned on marking. Serbia and Montenegro is a Member of the Paris 
Convention.  
Article 5 bis requires that a grace period of at least six 
months be provided for the payment of maintenance 
fees for industrial property, but a surcharge is permissible. Countries are authorized to restore 
patents that lapsed for non-payment of fees. Serbia and Montenegro is a Member of the Paris 
Convention. 
Patent Law Article 72. 
Article 5 ter prohibits a Paris Member from making 
use of patented devices aboard a vessel, aircraft, of land vehicle temporarily or accidentally in the 
territory of the Member. Serbia and Montenegro is a Member of the Paris 
Convention. Patent Law Article 62. 
Article 5 quater  requires that process patent owners 
have all the rights against an imported product 
produced by the patent process that they would have 
with respect to products manufactured at home. Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 5 quinquies requires that Paris Members 
protect industrial designs. Serbia and Montenegro is a Member of the Paris 
Convention and the Hague Agreement Concerning 
the International Deposit of Industrial Designs; Law 
on Legal Protection of Designs. WT/ACC/CGR/14 
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 TRIPS Agreement Country 
Article 6 makes the conditions for filing and 
registration of trademarks  subject to domestic 
legislation but also makes filing and registration 
independent of those in other countries, including the 
country of origin. Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 6 bis requires parties, ex officio if legally 
possible or at the  request of an interested party, to 
refuse to register or, for a period of at least 5 years, to cancel the registration of  a trademark confusingly 
similar to a well-known mark. No time limit is 
placed on a mark used in bad faith. Serbia and Montenegro is a Member of the Paris 
Convention. 
Trademark Law Article 5. 
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without 
authorization, armorial bearings, flags, state 
emblems, official signs and hallmarks, etc. An exception is  provided for owners of rights acquired 
in good faith before the Convention entered into  
force for that country. Serbia and Montenegro is a Member of the Paris 
Convention. 
Trademark Law Articles 3 and 5. 
Article 6 quarter  makes the assignment of a mark 
valid if the portion of the business or goodwill of the 
business together with the exclusive right to 
manufacture and sell the good s bearing the mark are 
also transferred. Serbia and Montenegro is a Member of the Paris 
Convention. 
Trademark Law Article 45. 
Article 6 quinquies requires that trademarks duly 
registered in a Member be accepted for filing in other 
Members, with certain reservations, and establishes 
the conditions under which a trademark may be 
denied registration or may be invalidated. Serbia and Montenegro is a Member of the Paris 
Convention. 
 
Article 6 sexties  states that Paris Members 
"undertake" to protect service marks without being 
required to provide for their registration. Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 6 septies requires that trademark owners be 
able to oppose or request cancellation of a registration of their trademarks applied for by their 
agent or representative wi thout their authorization 
"unless the agent or repr esentative justifies his 
action". Serbia and Montenegro is a Member of the Paris 
Convention. Trademark Law Article 66. 
Article 7 states that the nature of the goods to which 
a trademark is applied may in no case be an obstacle 
to the registration of the trademark. (Duplicate language is in TRIPS Article 15.4) Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 7 bis requires that Members permit 
registration of collective marks belonging to 
associations the existence of which is not contrary to the law of the country of origin, even where the 
association is not established in the country where 
protection is being sought. Serbia and Montenegro is a Member of the Paris 
Convention. 
Trademark Law Articles 2, 15, 28 and 38. 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 9 requires seizure on importation of exclusion 
or goods bearing a trademark or trade name without 
authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and remedies must be available. Serbia and Montenegro is a Member of the Paris 
Convention. 
Penal Code Article 165. 
Trademark Law Articles 70 and 71.  WT/ACC/CGR/14 
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  TRIPS Agreement Country 
Article 10 applies the obligation of Article 9 to the 
direct or indirect use of false indications of source of goods, or false indication of the producer, 
manufacturer, or merchant of such goods. Serbia and Montenegro is a Member of the Paris 
Convention and the Madrid Agreement for the Repression of False or Deceptive Indications of 
Source on Goods. 
Penal Code Article 165.  
The Customs Law, Articles 240-247. 
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that create confusion of various kinds about the goods or 
activities of a competitor, that consist of false 
allegations about a competitor, or that are apt to mislead the public regarding a competitor's goods. Serbia and Montenegro is a Member of the Paris 
Convention. The Law on Trade, Articles 22, 23, 47, 48 and 49. 
Antimonopoly Law, Articles 2, 3, 4, 12, 13 and 14. 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to 
repress actions referred to in Article 9, 10 and 10 bis, 
and to allow federations and associations 
representing foreign businesses, on the basis of 
reciprocity, to take action in court and before administrative authorities to repress such acts. Serbia and Montenegro is a Member of the Paris 
Convention. 
Article 11 requires that temporary protection, consistent with domestic legislation, be afforded to 
patentable inventions, utility models, industrial designs and trademarks in respect of goods exhibited 
at official or officially  recognized international 
exhibitions held in their territory. Serbia and Montenegro is a Member of the Paris 
Convention.  
Patent Law Article 9. Trademark Law Articles 21 and 22. 
Design Law Article 26. 
Article 12 requires Members to establish industrial property offices for patents,  utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of 
the names of patent owners with a brief designation 
of their inventions, and the reproduction of trademarks. Serbia and Montenegro is a Member of the Paris 
Convention. 
Patent Law Articles 41 and 50. Design Law Article 37. 
Trademark Law Article 32. 
Geographical Indications Law Articles 31 and 32.  
Article 19 authorizes Members to enter into separate 
and special industrial property agreements among 
themselves, so long as those agreements do not 
contravene the provisions of Paris. Serbia and Montenegro is a Member of the Paris 
Convention. 
 
National treatment, with exceptions allowed in the 
Paris, Berne and Rome Conventions. Article 3. Serbia and Montenegro is a Member of the Paris, 
Berne and Rome Conventions. 
Trademark Law Articles 6 and 11. Geographic Indications Law Articles 7 and 11. 
Design Law Articles 10 (2) and 16. 
Patent Law Articles 3 and 4.  Topographies Law Article 7. 
Copyright Law Articles 106 and 145. 
Most favored nation treat ment, with enumerated 
exceptions. Article 4. Montenegro will provide most favoured nation 
treatment upon accession. 
Copyright and Related Rights Citation to copyright and related laws 
Compliance with Article I through 21 of the Berne 
Convention with the exception of Article 6 bis, 
Article 9.1. Serbia and Montenegro is a Member of the Berne 
Convention. 
Article 2 defines "literary and artistic works" as 
"every production in the literary, scientific and 
artistic domain whatever may be the mode or form of 
its expression," giving examples. Limitations related to speeches are provided in Article 2 bis. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 2, 3, 4, 5 and 6. WT/ACC/CGR/14 
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 TRIPS Agreement Country 
Article 3 requires that protection be provided to the 
works of authors who are nationals of Berne Union members and to works of nationals of non-Union 
countries if those works are published in a Union 
member simultaneously with publication in the non-
Union country. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Article 106. 
Article 4 requires that protection be provided cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in 
a Union member and to wo rks of architecture or 
artistic works incorporated into a building or structure in a Union member. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 11 and 106. 
Article 5 requires that authors enjoy the rights 
required by Berne and any other rights a country 
provides works on a national treatment basis without being subject to any formalities. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Article 175. 
Article 7 requires that the term of protection for 
copyright be 50 years fo llowing the death of the 
author.  Special term s are authorized for 
cinematographic works, anonymous or 
pseudonymous works, photographic works and 
works of applied Article.  Article 8 gives authors of protected works the exclus ive right to make or 
authorize the making of translations of the work. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 4, 8, 19, 100, 101, 102 and 104. 
Article 9 requires that authors be given the exclusive right to authorize reproduction of the work in any 
manner or form with only limited exceptions that do 
not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate 
interests of the author. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 20, 40-55. 
Articles 10 and 10 bis define certain authorized "free 
uses of works". Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 42, 48, 53 and 54. 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatic-musical  and musical works and 
any translation thereof and authors of literary and artistic works, the exclusive right to authorize the 
public performance of their works, including by 
broadcast, public recitation and any communication to the public. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 25, 26, 28-35. 
Article 12 requires that authors of literary or artistic 
works have the exclusive right to authorize 
adaptations, arrangements and other alterations of their works. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Article 30. 
Article 13 authorizes countries to impose 
reservations and conditions on the exclusive right 
granted authors of musical works or written works 
that are recorded. Serbia and Montenegro is a Member of the Berne 
Convention. 
 
Article 14 requires that authors of literary and artistic works have the exclusive right to authorize the cinematographic adaptation and reproduction of their 
works and the distribution, public performance and 
communication to the public of the adaptation or reproduction, without the limitations authorized 
under Article 13(1). Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Article 30.  WT/ACC/CGR/14 
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  TRIPS Agreement Country 
Article 14 bis specifies that a cinematographic work 
is to be protected as an  original work without 
prejudice to any work that is adapted or reproduced 
and the author of the cine matographic work is to 
enjoy the same rights as the author of any other 
work. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 2 and 11. 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 34 and 35. 
Article 15 requires that ownership of a work, for 
purposes of litigation, be presumed to be that which 
appears on the work in the usual manner. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Article 9. 
Article 16 requires that infringing copies of a work be subject to seizure whether domestically produced 
or imported Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 177 and 183. 
Article 18 requires that copyright protection be 
applied to all works which, at the moment Berne becomes effective, have not fallen into the public 
domain in the country of  origin through the expiry 
of the term of protection. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 193 and 196. 
Article 19 authorizes Union members to provide greater protection than that required by the 
Convention. Serbia and Montenegro is a Member of the Berne 
Convention. 
 
Article 20 authorizes Union members to enter into 
special agreements among themselves to provide 
more extensive rights than those provided by Berne. Serbia and Montenegro is a Member of the Berne 
Convention.  
Protect computer programs, whether in source or object code, as literary works under the Berne Convention. Protect compilations of data, whether in 
machine readable or other form are to be protected as 
intellectual creations if they constitute such. Article 10. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 2, 5, 20, 45 and 46. 
Provide rental rights at l east for computer programs 
and cinematographic works with certain exceptions. 
Article 11. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 22 and 24. 
Provide a term of protection of fifty years from the death of the author (Berne Article 7.1 and TRIPS 
Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years 
from the end of the calen dar year of authorized 
publication, or, if not published within fifty years 
from making, fifty years from the end of the calendar year of making. Article 12. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 100-104. 
Confine limitations and exceptions to exclusive rights to certain special cases which do not conflict 
with a normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate 
interests. Article 13. Serbia and Montenegro is a Member of the Berne 
Convention. 
 
Provide performers with the right for 50 years from the date of a performance to prevent unauthorized 
fixation of their unfixed performances and of 
reproductions of such fixations and to prevent the unauthorized broadcast by wireless means and 
communication to the public of their live 
performances. Article 14.1 and 5. Serbia and Montenegro is a Member of the Berne 
Convention. 
Copyright Law Articles 114, 115 and 144. WT/ACC/CGR/14 
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Provide phonogram producers with the right for 50 
years from the date of first authorized fixation to prohibit unauthorized   reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copies of their phonograms once sold or 
otherwise distributed. Article 14.2, .4, and, .5. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 124, 125 and 144. 
Providing broadcasting organizations with the exclusive rights for 20 years of fixation, reproduction of fixations, and re-broadcasting by wireless means 
of their broadcasts and the communication to the 
public of broadcasts of their broadcasts or provide to the owners of the copyright in the material broadcast 
the possibility of exercising such rights. 
Articles 14.3. and 5. Serbia and Montenegro is a Member of the Berne 
Convention. Copyright Law Articles 134 and 144. 
Trademarks Citation to appropriate law 
Provide trademark or servi ce mark protection for any 
sign, or combination of signs capable of 
distinguishing the goods or services of one 
undertaking from those of other undertakings. Article 15.1. Trademark Law Article 4. 
Not deny registration for a mark based solely on the 
nature of the goods or services to which trademark is 
to be applied. Article 15.4. Trademark Law Article 4. 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation. Article 15.5. Trademark Law Articles 31, 50-52. 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks 
for similar goods or services of other parties if 
confusion is likely to result. Article 16.1. Trademark Law Article 33. 
Presume confusion where an identical mark is used 
without authorization on identical goods or services. 
Article 16.1. Trademark Law Article 33. 
Provide protection for well known trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the latter use would imply a connection with the right holder or 
would be likely to damage the right holder's interests. 
Articles 16.2 and 3. Trademark Law Article 5. 
Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms. 
Article 17. Trademark Law Article 37. 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely. Article 18. Trademark Law Article 41. 
Allow cancellation for non-use only after a period of 
three years of uninterrupted non-use unless valid 
reasons exist for the non-use, including government interference with use. Article 19.1. Trademark Law Articles 53 and 54. 
No encumbering of the use of a trademark by special 
requirements. Article 20. Trademark Law does not contain such requirements. 
May establish conditions for licensing but 
compulsory licensing not permitted and owner of registered mark must be able to assign it with or 
without transfer of business. Article 21. Trademark Law Articles 45 and 46.  WT/ACC/CGR/14 
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Geographical Indications Cita tion to appropriate laws 
Provide means to prevent deceptive use of 
geographical indications identifying location where a given quality, reputation or other characteristic of a 
good is attributable to its location. Article 22.1 and 2. 
Refuse to register or invalidate registrations of 
trademarks containing geographical indications 
except in instances in which such marks have been used continuously for at least 10 years or in good 
faith before 15 April 1994. Article 22.3 Draft Geographical Indi cations Law Article 7. 
Trademark Law Articles 5 and 55. 
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate in another territory. Article 22.4 Draft Geographical Indi cations Law Article 7. 
 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical 
indications for wines and spirits if they do not originate in the place name d. Articles 23.2 and 24. Trademark Law Articles 5 and 55. 
Industrial Designs Citation to appropriate laws 
Provide, with certain exceptions, protection for new 
or original, independently created industrial designs. 
Article 25.1. Design Law Articles 1-5. 
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection. 
Article 25.2. No special provisions on textile designs. 
Protection should last at least 10  years. Design Law Article 11. 
Patents Citation to appropriate law 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable. Exceptions are permitted for plants and animals, except for microorganisms and non-
biological and microbiological processes. Exceptions 
are also permitted for reasons of order public and morality. Article 27. Patent Law Articles 2, 5-7. 
Provide patent owners with the right to prevent 
others from making, using, offering for sale, selling 
or importing a patented product or from using a patent process or using, offering for sale, selling or 
importing a product produced directly using such 
process. Article 28.2. Patent Law Articles 52 and 53. 
Give patent owners the right to assign the rights in 
the patent, or transfer the rights by succession, or 
licence them. Article 28.2. Patent Law Articles 52 and 101. 
Require applicants to disclo se the invention so that 
one skilled in the art can carry it out and may require indication of the best mode and information on 
corresponding foreign applications. Article 29. Patent Law Article 25. 
Ensure that any exceptions to exclusive patent rights 
do not unreasonably conflict with normal 
exploitation of the patent and do not unreasonably 
prejudice the legitimate interests of the patent owner, taking third party interests into account. Article 30. Patent Law Articles 59, 61 and 62. 
Compulsory licenses can be issued only when 
enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and transfer of the licen ce, etc. Article 31. Patent Law Articles 63-68. WT/ACC/CGR/14 
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Provide an opportunity for judicial review of 
decisions to revoke or forfeit a patent. Article 32. Patent Law Article 14. 
Provide a patent term of at least 20 years from the 
filing date. Article 33. Patent Law Article 71. 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in 
which tile product produced by the process is new or 
where it is substantially likely that the identical 
product was made using the process and the patent owner has been unable through reasonable efforts to 
determine the process used. Article 34. Patent Law Article 97. 
Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs of 
integrated circuits that ar e registered or have been 
commercially exploited anywhere in the world. 
Article 3, 4, 5, and 7 of the Washington Treaty as 
incorporated into TRIPS by Article 35. Topographies Law is in compliance with the 
Washington Treaty Articles 3,4,5 and 7. 
Make unlawful, except in certain circumstances, the reproduction, importation, sale or other distribution 
of a protected layout design or an integrated circuit 
embodying such design or an Article containing such a microcircuit. Article 6 of Washington and 
Article 36 of TRIPS. Topographies Law Articles 16-18. 
Provide such protection for a term of 10 years from 
the files of an application for registration or from first commercial exploitation. Article 38. Topographies Law Article 19. 
Undisclosed Information Citation to appropriate laws 
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable); 
has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret. 
Article 39.2. Company Law Article 38. 
Penal Code Article 141. Law on Protection of Topographies Articles 11 (4), 
15 (2). 
Law on Medicines, Articles 26, 59 (4), 72 (2),  80 (2). 
Law on Medical Devices, Article 21 (3). 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing a new chemical entity. Article 39.3. Law on Medicines, Article 26. 
 
Enforcement Citation to appropriate laws 
- General Provisions  
Provide for effective action against infringement of 
intellectual property rights without creating barriers 
to legitimate trade or opportunities for abuse. Article 41.1. Copyright Law Articles 177-190. 
Patent Law Articles 92-100. 
Trademark Law Articles 57-73. Design Law Articles 56-72. 
Draft Geographical Indica tions Law Articles 56-64. 
Topographies Law Articles 26-28. IPR Enforcement Law. 
Penal Code Articles 165 and 250. 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time-limits or 
unwarranted delays. Article 41.2. Copyright Law Article 179. 
Patent Law Article 98. 
Trademark Law Article 57. 
Design Law Article 56. Draft Geographical Indica tions Law Articles 56-64. 
Topographies Law Article 26. 
IPR Enforcement Law.  WT/ACC/CGR/14 
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Provide decisions on the merits based upon the 
evidence presented in the case to the parties, preferably in writing with  the reasons explained. 
Article 41.3. Civil Procedure Law, Articles 8, 9, 340, 347,  
Law on General Administrative Procedure, Articles 9, 200 (2) (3), 203 (2).   
 
Criminal Procedure Law 368, 369 (7). 
Provide for appeals to ju dicial bodies of final 
administrative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a case. Article 41.4. The right to appeal is a constitutional right, and 
provided in all the laws in Montenegro. 
 
- Civil and Administra tive Procedures and 
Remedies  
Provide a procedure that allo ws plaintiffs to bring an 
action for infringement; requires that defendants be notified; permits both side to present evidence in 
support of their position; and protects confidential 
information. Article 42. Copyright Law Article 177. 
Patent Law Article 92. Trademark Law Article 57. 
Design Law Article 56. 
Draft Geographical Indi cations Law Article 56. 
Topographies Law Article 26. 
Law on Civil Procedure Articles 307 and 309. 
IPR Enforcement Law Articles 7-11. 
Authorize judges to order production of evidence necessary to substantiate a party's claims where that 
party has been unable to obtain such evidence from 
the opposing party. Article 43.1. Copyright Law Article 183. 
Patent Law Articles 94-95. 
Trademark Law Articles 57, 61 and 62. 
Design Law Article 61. Draft Geographical Indi cations Law Article 64. 
Authorize judges to enjoin a defendant, except the 
government, from infringing intellectual property 
rights. Article 44.1. Copyright Law Article 177. 
Patent Law Article 92. 
Trademark Law Article 57. 
Design Law Article 56. 
Draft Geographical Indi cations Law Article 56. 
Topographies Law Article 26. 
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement. Article 45.1. Copyright Law Article 177. 
Patent Law Article 93. 
Trademark Law Article 57. Design Law Article 56. 
Draft Geographical Indi cations Law Article 56. 
Topographies Law Article 26. 
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits 
and/or statutory damages. Article 45.2. Copyright Law, Articles 177, 178. 
Patent Law Article 93. 
Trademark Law Article 57. 
Design Law Article 56. Draft Geographical Indica tions Law, Article 56. 
Topographies Law Article 26. 
Law on Civil Procedure Article 152. 
Authorize additional remedies including seizure of infringing goods, and the materials and implements 
the predominant use of which is infringement. 
Article 46. Copyright Law Articles 177 and 182. 
Patent Law Articles 93-94. 
Trademark Law Articles 57 and 61. 
Design Law Article 56. 
Draft Geographical Indi cations Law Article 56. 
Penal Code Article 69. IPR Enforcement Law Article 14. 
Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs. 
Article 48.1. Civil procedure law Articles 151-153. 
IPR Enforcement Law Article 17. WT/ACC/CGR/14 
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Exempt public authorities and officials from liability 
in connection with the administration of intellectual property laws only where the actions are taken or 
intended in good faith within the scope of tile 
relevant authority. Article 48.2. IPR Enforcement Law Article 17. 
Law on Contracts and To rts, Articles 171-172. 
Ensure that administrative remedies conform to the 
principles in the preceding Article.  Article 49. Provided. 
 
- Provisional Measures  
Authorize judges to grant temporary restraining 
orders and provisional relief to prevent infringement and to preserve evidence. Article 50.1. Copyright Law Articles 182-184. 
Patent Law Articles 92, 94. Trademark Law Articles 57, 61-63. 
Design Law Articles 60-62. 
Draft Geographical Indica tions Law Articles 60-62. 
IPR Enforcement Law Article 14. 
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the 
decision on the merits finds the provisional relief unjustified. Article 50.3. Trademark Law, Article 64. 
Design Law, Article 63. 
Draft Geographical Indi cations Law Article 64. 
The Law on Civil Procedure, Article 165. 
IPR Enforcement Law Article 17. 
Provide for notice, for form al action by the plaintiff 
after temporary restraining orders, etc. Article 50.4. Copyright Law Article 183. 
Patent Law Article 95. Trademark Law Article 62. 
Design Law Article 61. 
Draft Geographical Indi cations Law Article 61. 
The Law on Civil Procedure, Article 271. 
- Border Measures See RM Border Measures Regulation 
Provide for suspension of release by customs 
authorities of goods suspected of bearing a counterfeit trademark or  of being a piratical 
copyrighted work, either at the request of a right 
holder. Members are authorized to extend such protection to holders of other forms of intellectual 
property, Article 51. Customs Law Article 241. 
Border Measures Article 3 – applies to any goods that violate IPRs. 
Require right holders initiating border measures to provide evidence of a prim a facie infringement and a 
description of the goods sufficient for customs 
authorities to recognize them. The right holder must 
be notified within a reasonable time is action will be taken on his behalf. Article 52. Customs Law Articles 241, 242 and 244. 
Border Measures Article 4 (description); Article 9 (2) (notification); Article 11 (1) (prima facie evidence). 
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse. Article 53. Border Measures Article 8. 
Requires prompt notification of the right holder and 
the importer when action under Article 51 is taken. 
Article 54. Customs Law Article 244. 
Border Measures Articles 9 (2); 11 (2). 
Requires that customs authorities be notified within a maximum of 20 days of th e receipt of notice that 
proceedings on the merits have begun or the suspension is to be revoked. Article 55. Customs Law Article 244. 
Border Measures Article 9 (3) (commencement of 
proceedings); Article 10 (2) (revocation of suspension). 
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the 
goods subject to border measures if goods were 
wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within the 
allotted time. Article 56. Customs Law Article 243. 
Border Measures 13(2).  WT/ACC/CGR/14 
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  TRIPS Agreement Country 
Right holders must be allowed to inspect the detained 
goods in order to substantiate the right holder's claims. Importers must be given similar authority. 
Members may give the right holder the names and 
addresses of those involved in the importation when 
infringement is found to exist. Article 57. Customs Law Article 245. 
Border Measures Article 9 (5) (names and addresses); Article 9 (6) (inspection). 
Establishes the conditions that must be in place if customs authorities are authorized to act ex officio, including the ability to ask the right holder for 
information at any time; the requirement to notify the 
importer promptly of the suspension; and the requirement that public offi cials be liable if they act 
in bad faith. Article 58. Border Measures Article 12 (request for 
information); Article 11 (2) (notification);  The Law on Contracts and Torts, Articles 171-172 
(liability for acting in bad faith). 
Competent authorities must be able to order 
destruction or disposal other than by re-export of infringing goods where appropriate. Article 59. Border Measures Articles 14, 15. 
 
Members are authorized to except from border 
measures small quantities of infringing goods of a 
non-commercial nature carried in personal luggage or shipped in small consignments. Article 60. Customs Law Article 246. 
- Criminal Procedures  
Provide criminal procedures  and penalties, sufficient 
to act as a deterrent, for wilful trademark 
counterfeiting or copyright piracy on a commercial scale. Authorizes extension of criminal actions to 
other forms of intellectual property where 
infringements are wilful and on a commercial scale. 
Article 61. Draft Penal Code Amend Article 233 (copyright); 
Article 238a (trademark); Article 238b (patents); 
Article 238c (designs). IPR Enforcement Law Articles 19-26. 
 
 
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