RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/28/Add.2 
17 June 2008 
 (08-2816) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Additional Questions and Replies  
 
 
 The following submission, dated 12 June 2008, is  being circulated at the request of the 
Delegation of the Republic of Montenegro.   
_______________  WT/ACC/CGR/28/Add.2 
 Page i 
 
 
 TABLE OF CONTENTS 
  
II.
 ECONOMIC POLICIES..........................................................................................................1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................1  
A. IMPORT REGULATIONS......................................................................................................1  
- Application of internal  taxes to imports .................................................................................1  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............2  
- Customs valuation.............................................................................................................. .......2  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ...........................2  
- Technical barriers to trade, standards and certification.......................................................2  
- Sanitary and phytosanitary measures.....................................................................................6  
- Free zones, special economic areas..........................................................................................7  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.........................................7  
- GENERAL........................................................................................................................ .........7  
- Fees and taxes................................................................................................................. ...........7  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS .............................................................................8
 
- Trademarks, including  service marks.....................................................................................8  
- Geographical indications, including appellations of origin...................................................9  
- ENFORCEMENT...................................................................................................................1 0 
- Civil judicial procedures and remedies.................................................................................10  
- Provisional measures ........................................................................................................... ...11 
ANNEX .......................................................................................................................... .......................13  
 
  WT/ACC/CGR/28/Add.2 
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 II. ECONOMIC POLICIES 
Question 1 We note Montenegro's statement that Mont enegro does not have any companies with 
production, trade, or internal monopolies.  Please outline how Montenegro has made this 
assessment.  What procedures are used to determ ine that no monopoly companies exist?  Who 
undertakes these procedures?  The Government or independent regulator? 
Answer:
 
Under the Law on Protection of Competition (RM OG  No. 69/05 and 37/07), the authority responsible 
for the protection of competition in Montenegro is the Directorate for the Protection of Competition, 
which has been established as an inde pendent agency.  The Directorate, inter alia , administers 
procedures to determine the abuse of competition or  the existence of monopolies.  The proceedings 
can be initiated either ex officio  or upon the request of an interested party. However, no such 
proceedings have taken place yet. 
IV. POLICIES AFFECTING TRADE IN GOODS 
A. IMPORT REGULATIONS 
- Application of internal taxes to imports 
Question 2 Excise duties - point 72 of JOB(07)/115:  Plea se clarify why Montenegro's submission still 
reports "the old" system when the system has changed in 2005?  
Could Montenegro provide a copy of the amended legislation from 2005? 
Excise duties on cigarettes:  The system descri bed by Montenegro is not compliant to the 
WTO Agreement, as it calculates the duty on the basis of three categories, and most imported cigarettes fall into the highest tax rate, thus crea ting a de facto discrimination between imported 
and locally produced cigarettes.  We have rais ed the issue with the Deputy Prime Minister of 
Montenegro, and she explained that the law was amended in October 2005, eliminating the 
three categories and applying a mixed duty.  This would solve the problem, but it is not clear 
why the submission still reports the "old" system when - as Montenegro authorities explained - the system has been changed in 2005. 
Answer:
 
The Factual Summary of Points Raised (JOB(07)/115) did not reflect the actual situation at the time it 
was prepared and distributed.  However, the situa tion has been corrected in the Draft Report of the 
Working Party on the Accession of Montenegro to the World Trade Organization 
(WT/ACC/SPEC/CGR/4), which was distributed  in February 2008.  Paragraph 72 of 
WT/ACC/SPEC/CGR/4 reflected the actual situation w ith respect to excise taxes and has included the 
changes made in 2005.  The translation of th e Law on Excise taxes has been submitted to the 
Secretariat and notified through document WT/ACC/CGR/28/Add.3. WT/ACC/CGR/28/Add.2 
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 - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 3 WT/ACC/CGR/24, Question 4:  We welcome Mont enegro's submission of the list of import 
licenses for 2006.  Please provide an update on the amendments to the Decision on Control List 
of Goods for Export, Import and Transit, adopted by the Montenegro Government on 
12 July 2007. 
Please provide an updated list of licenced products. 
Answer:
 
The Decision on Control List of Goods for Export, Import and Transit, adopted by the Montenegro 
Government on 12 July 2007 has been subm itted to WTO Secretariat prior to the 4th Working Party 
meeting (in July 2007).  However, please note that it has been submitted to the Secretariat and notified 
through document WT/ACC/CGR/28/Add.3. 
- Customs valuation  
Question 4 JOB(07)/115, WT/ACC/CGR/12, WT/ACC/CGR/12/Rev.2 - Legislation Action Plan: 
Customs Valuation, points 90 - 93 of JOB(07)/115:  Could Montenegro provide a copy of the 
amended legislation incorporating the Interp retative notes to the WTO Customs valuation 
agreement as soon as it is available. 
In order to verify if the amendments to the Customs Law and the Decree on Implementation of 
Montenegro ensure the full compliance of Mont enegro's customs valuation rules with WTO 
requirements. 
Answer:
 
Please note that the translation of relevant provisions of the Customs Law and the Decree on 
Implementation of Montenegro have  been submitted to the Secretariat and notified through document 
WT/ACC/CGR/28/Add.3. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS - Technical barriers to trade, standards and certification Question 5 Article 4, points 2 - 4:  the definitions of technical regulation, technical requirement and 
technical specification seem to overlap in a non-coherent way.  Could you please clarify the 
differences between them? 
The questions asked in this section refer to v ersion of the Law on Technical Requirements and 
Conformity Assessment of Products form June  2007, which at that time was not final and 
passed by the Parliament.  In the meantime, th e Law was finalized, passed by the Parliament 
and came into effect.  The answers provided below will be based on the current Law on Technical Requirements and Conformity Assessment of Products with Prescribed  WT/ACC/CGR/28/Add.2 
 Page 3 
 
 
 Requirements (Official Gazette of Montenegro No. 14/08).  The translation of the Law has been 
submitted to the Secretariat and notified  through document WT/ACC/CGR/28/Add.3. 
Answer:  
Definitions in the current Law are provided in Article  5.  Montenegro believes that points 2 - 4 do not 
overlap, but rather complement each other.  Techni cal regulation, as defined in point 2 is actually a 
legal act (regulation), which contains technical require ments.  This is the manner of introduction of 
technical requirements into the legal system.  
Technical requirement and technical specification, on  the other hand, are parts of a regulation, which  
define characteristics of a product or a method of production or processing of such a product and 
technical requirements that product in question must fulfill.   
Montenegro believes that these definitions are comp liant with those provide d in TBT Agreement.  
These definitions are also believed to be in line with the EU regulation (from February 2007), under 
which Member States are obliged, in addition to notif ication of technical regulations, to "update lists 
of technical requirements for products". 
Question 6 
Could you also tell what is meant in Article 4, point 3 by "that are by nature obligatory and 
compliance with which is mandatory"? 
Answer:  
The current Law (now this is Article 5, point 3) does not contain the phrase "that are by nature 
obligatory and compliance with which is mandatory" any more. 
Question 7 Risk assessment (latter half of TBT 2.2) is stil l missing from Article 6 of the Law.  Also the 
second sentence of TBT 5.1.2 is not covered by Article 6 of the Law.  
Answer:
 
Risk analysis and categorization of risks have been removed from the Law on Technical 
Requirements and Conformity Assessm ent of Products with Prescrib ed Requirements and included in 
the Law on General Safety of Products, which is pending parliamentary passage (expected by the end 
of June 2008).  
Question 8 
Numbering of articles from Article 7 onwards are wrong because there are two articles with 
number 6 and two articles with number 7.  The contents of Article 6 is repeated in another 
slightly differing Article 6.  The two articles numbered 7 differ a lot.  We would like to see the 
final draft of the amended Law, please. 
Answer:  
This error has been correct ed in the current Law. WT/ACC/CGR/28/Add.2 
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 Question 9 
Article 7(4):  What is meant with "participation of officials" in Montenegro in "conformity 
assessment systems"? 
Answer:  
The phrase "participation of officials"  has been removed  and does not appear in the current Law. 
Question 10 
The latter of the two Articles 7 contains main el ements of TBT Articles 2. 9 and 2.10.  However, 
some aspects are missing.  E.g. first paragraph point 1:  how is the notice published?  Same 
paragraph point 2:  definition of the "appropriat e stage" is missing.  Same paragraph point 3:  
provide copies to whom?  Second paragraph point 1:  why notification only upon adoption?  
Why not earlier, if possible? 
Answer:  
Montenegro believes that all the issues mentioned in this question have been properly addressed in the 
new Law and that these provisions are compliant with  Articles 2.9 and 2.10 of the TBT Agreement. 
Question 11 
Article 8(2) repeats the contents of the latter Article 7.  Is there a special need for this?  Or is it 
because they are supposed to transpose TBT Articles 5.6 and 5.7 concerning conformity 
assessment procedures and not technical regulatio ns (as written in the articles of the Law)? 
Answer:  
Montenegro believes that all the issues mentioned in this question have been properly addressed in the 
new Law and that these provisions are compliant with Articles 5.6 and 5.7 of the TBT Agreement. 
Question 12 
Article 8(4) does not mention how quickly the publication of new technical regulations in 
Official Gazette takes place.  
Answer:  
Montenegro believes that the issue has been resolved in Article 6(3)  of the current Law, under which 
technical regulations are published in the "Official Gazette of Montenegro" and become effective not 
earlier than six months after their publication.  Please note that under the Montenegrin legal system, 
all laws and regulations, including technical regula tions must be published in the Official Gazette 
immediately after their adoption.  No legal act of general applicability can enter into force before the 
publication in the Official Gazette. 
Question 13 In document WT/ACC/CGR/24 on page 3 it is stated that the redrafted Law on Technical 
Requirements will clarify our earlier question on what Article 9 (earlier Article 8) paragraph 2 
of this Law means.  Since the slightly revised ar ticle is not much clearer than the earlier one,  WT/ACC/CGR/28/Add.2 
 Page 5 
 
 
 perhaps you could answer to our question:  Is there always a possibility to prove the conformity 
of a product with relevant technical regulations by other means than using standards?  
Answer:  
Yes, under Article 9, paragraph 2 of  the Law, conformity of a produc t can be established in any other 
manner, i.e. by other means than using standards. 
Question 14 
Even though in document WT/ACC/CGR/24 on page 2 (Question 8) it is stated that in the re-
drafted "Law on Technical Regulations" a possibilit y of an appeal is provided for, we could not 
locate it. The present Article 17 seems to be identical to the former Article 15 which stated that 
the decisions as regards authorizations of confor mity assessment bodies are final.  Could you 
please clarify what your intensions are?  (The  same applies to Article 15 of the Decree on 
Manner of Authorizing Conformity Assessment Bodies). 
Answer:  
The meaning of the term "final" in the Montenegrin le gal system is that the decision is final within the 
administrative procedure, which means that the re view of such a decision is possible within the 
"administrative dispute proceedings".  The admini strative dispute proceedings is actually the court 
review of an administrative act, which is performed  by the Administrative Court of Montenegro.  This 
system actually prevents the authority who has is sued a decision to be involved in deciding on an 
appeal lodged against such a decision and provides for the independent tribunal to decide upon an appeal. 
Question 15 Article 5.9 of the TBT Agreement:  Article 5.9 would seem to be still missing.  If it is included in 
one of the separate regulations mentioned in the Law, we would like to know in which one.  
Answer:
 
The time intervals, within the meaning of Article 5.9 of the TBT Agreement, have been included in 
Article 15(2) of the Law. 
Question 16 
Decree on Manner of Authorizing Conformity Assessment Bodies, document 
WT/ACC/CGR/24:  Could Montenegro submit the revised Decree on Manner of Authorizing 
Conformity Assessment Bodies? 
In document WT/ACC/CGR/24, page 3 it is stated that a revision of Article 3 will answer our 
earlier question on Article 3.6 of the Decree and its meaning.  Document JOB(07)/115 of 
29 June 2007 also refers to the revision of this Decree on page 42.  We are wondering when the 
revised Decree could be submitted to us. 
Answer:  
The revisions of the Decree are planned to be adopted in June 2008 and submitted to the 
Working Party prior to the ne xt Working Party Meeting. WT/ACC/CGR/28/Add.2 
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 Question 17 
As stated earlier our understanding of Article 7 of the abovementioned Decree together with the 
related Article 3.6 is that the technical comp etence of a conformity assessment body can be 
proven by three different means:  by an accredita tion certificate, by a report on competence 
from other equally significant procedure (these are also mentioned under Article 17(4) of the 
Law on Technical Requirements and Conformity A ssessment of Products) or by evidence which 
is in accordance with the regulations issued by the Accreditation Body.  What is meant with the 
two last mentioned means of proving competence?  How do they differ?  Could you provide us 
any examples? 
Answer:  
The revised Decree mentioned above will provide for just two ways to prove the technical 
competence of a conformity assessment body:  by an accreditation certificate or by a report on competence from the other equally significant procedure.  This change will be in line with Article 19(4) of the Law Technical Requirements and Conformity Assessment  of Products with 
Prescribed Requirements, which already has identical provision related to assessment of competence.  
Details of the equally significant procedures will be prescribed by the appropriate regulations and 
notified in accordance with the prov isions of the TBT Agreement. 
Question 18 
Standardization:  Standards can apparently st ill be mandatory, which is contrary to the 
definitions in Annex I of the TBT Agreement. 
Answer:
 
Under the Law on Standards (Official Gazette of  Montenegro No. 13/08) standards cannot be 
mandatory any more.  The translation of the Law on Standards has been subm itted to the Secretariat 
and notified through document WT/ACC/CGR/28/Add.3. 
Question 19 
We would also like to know whether the revised  Strategy of Quality Infrastructure Development 
in Montenegro, foreseen to be adopted in April 2007 and mentioned on pages 40 - 41 of document JOB(07)/115 of 29 June 2007 has already been adopted? 
Answer:
 
Yes, it was adopted as planned.  Please note that th e translation of the Strategy has been submitted to 
the Secretariat and notified through document WT/ACC/CGR/28/Add.3. 
- Sanitary and phytosanitary measures Question 20 Could Montenegro clarify its current membership st atus to the OIE?  Could Montenegro clarify 
the current status of Montenegro's accession to FAO, which is a pre-condition for Codex 
Alimentarius?   WT/ACC/CGR/28/Add.2 
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 There is still no indication regarding the po ssible membership in OIE (normally decided by 
now).  A quick look on the OIE website in end-September 2007, the list of New Member Countries of OIE still includes Serbia-and Montenegro, member on 2002-11-21. 
Answer:
 
Montenegro is the Member of OIE as of 10 July 2007.  Montenegro is the Member of FAO as of 
17 November 2007. 
- Free zones, special economic areas 
Question 21 How does Montenegro see the compat ibility of Article 23 (exemption from profit tax) with State 
aid rules and WTO anti-subsidy obligations? 
Answer:
 
Montenegro is aware that Article 23 of the Free Zo nes Law might be incompatible with the State aid 
and anti-subsidy obligations.  Howe ver, there is only one operational free zone in Montenegro, which, 
since it was established, has failed to attract significant number of companies willing to operate there.  Therefore, the real effect of Article 23 is almost negligible.   
In addition, please note, that Mont enegro has committed, in paragraph 152 of the revised Draft Final 
Report, to administer, from the date of accession, free zones or free economic zones established in Montenegro, in compliance with WTO provisions, including the Agreements on TRIPS, TRIMs, and Subsidies and Countervailing Measures.  Thus, any incompatibilities will be corrected. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
- Fees and taxes Question 22 Can Montenegro give details about the official application fees in connection with registering 
various IP rights (i.e patents, trademarks, design , GIs).  Is there a difference on the level of fees 
between nationals of Montenegro and foreign applicants? 
Answer:
 
The Schedule of Fees, which includes the fees applicab le to registering various IP rights, is annexed 
to this document.  In accordance with the Schedule of  Fees, for registering various IP rights nationals 
of Montenegro pay 10 per cent of the amount of fees prescribed by the Schedule of Fees.  As of the date of accession to WTO, the amount of fees fo r all applicants, both nationals of Montenegro and 
foreign nationals, will be identical. WT/ACC/CGR/28/Add.2 
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 - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Trademarks, including service marks 
Question 23 
Law "On Trademarks" (SM OG No. 61/04):  The ex pression "general appearance" as used in 
Article 5 paragraphs 2 6 and 12 is vague and is not usually used in trademarks field but merely 
concerns Designs protection.  Can you please clar ify the meaning of this expression in this 
context? 
Answer:  
Montenegro respectfully disagrees with the above st atement.  Montenegro is of the opinion that 
(general) appearance is one of the key elements of a trademark, which in almost all cases, first and 
foremost, is a visual experience.  The visual elemen t, as the key feature of the trademark, is included 
in the definition of a trademark in TRIPS. 
In TRIPS Article 15.1 a trademark is defined as any sign, or any combination of signs, capable of 
distinguishing the goods or services of one undertak ing from those of other undertakings, in particular 
words including personal names, letter s, numerals, figurative elements and combinations of colours as 
well as any combination of such signs.  Under the same provision, Me mbers are allowed to require, as a 
condition of registration, that signs be visually perceptible.  
All the above elements actually define the "appearance" of  a trademark, i.e. its visual perception.  
Appearances are analyzed in order to compare different marks.  Article 12 of the Trademark Law lists 
situations where a mark cannot be protected by a tr ademark.  The way to esta blish registrability of a 
mark is, inter alia , to analyze its visual characteristics, i.e. its appearance.  Therefore, Montenegro 
believes that "appearance" as used in the Trad emark Law is not vague a nd that it does not concern 
designs protection only, but  is relevant for trademarks, too. 
Question 24 Please clarify what could be the added value of the expression used in the end of Article 5, 
paragraph 9 "… and misleads the participants in commerce;".  Is it an additional criteria to be 
checked alongside with the "likelihood of confusion"?  According to Article 16, paragraph 1 of the TRIPS Agreement "likelihood of confusion" is sufficient. 
Answer:
 
WTO Agreement On Trade-Related Aspects of Intelle ctual Property Rights regulates the protection of 
intellectual property rights within the context of tr ade, i.e. commercial activity.  Therefore, the 
"likelihood of confusion" within the meaning of TR IPS Article 16.1 refers to the confusion in the 
context of commercial activity.  Therefore, such confusion involves "participants in commerce", including consumers, who may be confused or mislead by the similarity of a mark attached to certain 
product.  This type of confusion differs from th e "common" confusion (by those not involved in 
commercial activity, or simply not  buying products in circulation), be cause it can cause an injury to 
participants in commercial activities.  Montenegro be lieves that a distinction of such a commerce-related 
element of the confusion must be emphasized in the Trademark Law.  The provision of Article 5, paragraph is not an addition al criterion to be checked alongside the "likelihood of confusion", it simply 
explains the meaning of the phrase "likelihood of confusion" in the context of TRIPS.  WT/ACC/CGR/28/Add.2 
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 Question 25 
According to answer to Questions 91 and 112 - document WT/ACC/CGR/23 - the Law on 
Indications of Geographical Origin will be modifying to comply with Articles 16.1 and 24.5 of the TRIPS Agreement.  What about the Law on Trademarks?  Are modifications also foreseen 
to align it to the same articles of the TRIPS Agreement?  
Answer:
 
Montenegro believes that its Trademark Law is co mpliant with the TRIPS Article 16.1.  The TRIPS 
Article 24.5. refers to Geographical Indications (GI) and the coexistence of GIs and prior in time 
registered patents.  This issue is addressed in the draft of new Law on Indications of Geographical 
Origins.  For details, please see the answer bellow. 
Question 26 
Please clarify how Article 22.3 of the TRIPS Agr eement is dealt with by the Trademark law.  
Does Article 5 paragraph 12 cover this situation?   Or is a modification foreseen to adapt the 
Article 5 to include among the grounds for ref usal the existence of former registered GI's? 
Answer:  
Yes, Article 5 paragraph 12 may cover this situa tion.  Please note, however, that the Trademark Law 
effective in Montenegro is the la w of the former State Union, which will be enforced until replaced by 
the new, Montenegrin law.  Monten egro plans to replace all former State Union IP laws.  Thus, the 
new Law on Indications of Geographical Origins and the new Patent Law have been approved by the 
Government and are pending parliamentary passage.  Once all the former State Union IP laws are 
replaced, minor linguistic inconsistencies that  may be encountered now, will be corrected. 
- Geographical indications, including appellations of origin 
Question 27 WT/ACC/CGR/24, Question 91:  Montenegro states that the Law on Indications of 
Geographical Origin will be amended no later th an January 2008 to meet the requirements of 
the TRIPS Agreement Articles 16.1 and 24.5.  The amendment does not appear to be in the 
Legislative Action Plan.  Please provide an update  on the timetable for making the amendments. 
Answer:
 
The draft of the new Law on Indications of Geographical Origin, has been approved by the 
Government and is pending par liamentary passage.  The draft Law was submitted to the WTO 
Secretariat on 15 February 2008. 
Question 28 Please indicate how Montenegro, through its La w on Indications of Geographical Origin or 
some other form, will allow the co-existence of  GIs with prior trademarks.  Under certain 
circumstances this fully justified under the TRIPS Agreement; Article 17 of the TRIPS Agreement permits Members to provide lim ited exceptions to the rights conferred by 
trademarks, including Article 16.1 rights, provided that such exceptions take account of the 
legitimate interests of the owner of the trademark and of third parties;  and that a system of WT/ACC/CGR/28/Add.2 
Page 10 
 
 
 GI protection that provides under certain limit ed circumstances for coexistence with GIs may 
be one of the limited exceptions accepte d under Article 17 of the TRIPS Agreement. 
Answer:  
Montenegro believes that the issue of co-existence of GIs with prior in time trademarks is properly 
resolved in Article 44 of the draft Law. 
Question 29 
Can Montenegro confirm that the provisions on GIs would be applicable to all goods?  Could 
non-geographical names (for example traditional names) be registered as GIs in accordance 
with the current draft of the Law on  Indications of Geographical Origin?  
Under the TRIPS Agreement (Article 22.1), GIs can be  applied to all types of products.  A GI is 
any kind of designation which points to a given country, region or locality.  It may be a geographical name, such as "Parma" for ham from It aly or it may be a denomination that is not 
a geographical name, such as "Feta" for cheese from  Greece.  A GI can also be a symbol like the 
"Eiffel Tower" for goods from Paris. 
Answer:
 
Yes, Montenegro confirms that the provisions on  GIs would be applicable to all goods.  Non-
geographical names (traditional or historic names) can be registered as GIs in accordance with the draft of the Law on Indications of Geographical Origin. 
- ENFORCEMENT 
Question 30 
Can Montenegro tell the Working Part y whether the mandate to carry out ex-officio  action by 
Customs authorities on the grounds of suspected Intellectual Property infringement apply to all 
intellectual property rights and also to goods in transit? 
Answer:
 
Yes, the mandate to carry out ex-officio  action by Customs authorities on the grounds of suspected 
infringement of intellectual property rights apply to  all intellectual property rights, and to goods 
placed into any of the customs pr ocedures, including the transit. 
- Civil judicial procedures and remedies 
Question 31 The Law "On Enforcement of the Legislation that  Regulates Protection of Intellectual Property 
Rights" (Articles 233-238, 271):  Please explain wh ether the laws of Montenegro comply with 
the general obligations as laid down in Article 41 of TRIPS.  
Answer:
 
Yes, they do.  Montenegro has the legislative fra mework in place and the system of enforcement of 
IPRs that are compliant with the general ob ligations as laid down in TRIPS Article 41.  WT/ACC/CGR/28/Add.2 
 Page 11 
 
 
 Question 32 
Please explain whether the Montenegrin judicial authorities have the authority to order the 
production of evidence lying in the control of the opposing party as provided in Article 43(1) of TRIPS. 
Answer:
 
Yes, they do.  Under Article 177 of the Law on C opyright and Related Rights the court may order a 
person which is associated with the infringement of  another person’s copyright or related right to 
furnish information or hand over documents relati ng to the infringement.  Similar provisions are 
contained in Article 65 of the Trademark Law, Article 64 of the Law on Protection of Design, 
Articles 96 and 97 of the draft Patent Law and Article 62 of the draft Law on Indications of 
Geographical Origin. 
Question 33 
Please explain to what extent injunctions can be ordered by the judicial authorities in 
accordance with Article 44(1) of TRIPS. 
Answer:  
Each of IP laws applicable in Montenegro contai ns a provisions that authorize the court to order a 
party to desist from an infringement of intellectual property rights, in compliance with the TRIPS Article 44.1. 
Question 34 
Please explain whether other remedies within the meaning of Article 46 of TRIPS are available 
under the laws of Montenegro.  Do they include the possibility for the judicial authorities to 
order that materials and implements which served  for the creation of the infringing goods be 
disposed of the channels of commerce? 
Answer:
 
Laws of Montenegro provide for other remedies within the meaning of Article 46 of TRIPS, 
including, inter alia , the possibility for the judicial authorities to order that materials and implements 
which served for the creation of the infringing goods be confiscated and destroyed or disposed of the 
channels of commerce in any other way. 
- Provisional measures 
Question 35 Further to the answer received to Question 98 - document WT/ACC/CGR/23 - could you please 
specify where the notice requirement of Article 50 (4) of TRIPS is laid down in the Montenegrin 
law.  Do the relevant statutes also provide for th e possibility of a review, including a right to be 
heard, to take place upon request of the defendant as further provided in Article 50(4) of TRIPS? WT/ACC/CGR/28/Add.2 
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 Answer:  
The requirements of TRIPS Article 50.1 have been me t in the following provisions:  Article 183(3) of 
the Law on Copyright and Related Rights, Article 62( 3) of the Trademark Law, Article 61(3) of the 
Law on Protection of Design, Article 94(3) of the dr aft Patent Law Article 61(3) of the draft Law on 
Indications of Geographical Origin. 
The requirements of TRIPS Article 50.4 have been met in the Law on Litigation Proceedings and the 
Law on Enforcement Proceedings, which regulate the proceedings related to civil cases and 
proceedings related to enforcement (execution) of court decisions, respectively. Both laws grant the 
possibility of a review and the right to heard. 
 
_______________ 
   WT/ACC/CGR/28/Add.2 
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 ANNEX 
Law on Administrative Fees 
Provisions on Intellectual Property Rights 
Schedule of Fees  
Tariff No. 126 
1) For filing of application for patent registration: 
 - For up to 10 patent claims 20, 00; and 
 - Each additional patent claim exceeding 10 patent claims 2, 00. 
2) For filing of application for topography protection 20, 00. 
3) For filing of application for model registration, i.e. sample: 
 - Up to one design i.e. sample 15, 00; and 
 - Each additional design or sample 12, 00. 
4) For filing of application for trademark registration:  - If the list of goods and services encompass up to three classes of the International 
classification of goods and services 60, 00; 
 - If the list of goods and services encompass more than three classes of the 
International classification of goods and ser vices, for each additional class 8, 00; and 
 - For figurative element or verbal trademark with graphical solution 8, 00. 
5) For filing of application for collective trademark registration:  - If the list of goods and services encompass up to three classes of the International 
classification of goods and services 125, 00; 
 - If the list of goods and services encompass more than three classes of the 
International classification of goods and ser vices, for each additional class 30, 00; and 
 - For figurative element or verbal trademark with graphical solution 15, 00. 
6) For a request for patent, trademark, model,  sample, i.e. geographical mark and indication 
international registration 20, 00. 
7) For filing of application for geogr aphical indication registration 32, 00. 
8) For filing of application for recognition as an  authorized user of a geographical indication 
100, 00. 
9) For filing of application for in ternational patent registration: 
 - Up to 10 patent claims 40, 00; and 
 - Each additional claim exceeding 10 patent claims 2, 00. WT/ACC/CGR/28/Add.2 
Page 14 
 
 
 NOTE: 
1) Fee described in points 1) and 2) of this tari ff number, shall be reduced for 10 per cent, if the 
submitter of a claim, together with the claim, also submits name of the invention and abstract translated in English language. 
2) Fee described in point 9) of this tariff number shall be increased for 50 per cent, if the 
application for patent internati onal registration is submitted in additional deadline of 30 days, 
after expiry of the deadline for entering na tional phase of application considering.  
3) If the submitter of a claim for patent, topography , or design registration, national inventor, i.e. 
author, pays fee in amount of 10 per cent of the fee prescribed by this tariff number. This 
reducing refers to the successors of the first direct heritable line.   
Tariff No. 127 
For publication of application information for patent , topography, trademark, collective mark, model, 
sample, geographical indication, application for  inte rnational registration of patent, application for  
international registration of trademark and dispositio n and evidence application for subjects of related 
rights 7, 00. 
Tariff No. 128 
For substantive examination of appli cation for patent registration 45, 00. 
Tariff No. 129 
For maintenance of the rights from the application fo r patent registration, i.e. annual maintenance fee 
for the patent is paid as follows: 
 - For the 3
rd year from the application filing 20, 00; 
 - For the 4th year from the application filing 22, 00;  - For the 5th year from the application filing 24, 00;  - For the 6th year from the application filing 30, 00;  - For the 7th year from the application filing 38, 00; 
 - For the 8th year from the application filing 40, 00; 
 - For the 9th year from the application filing 60, 00;  - For the 10
th year from the application filing 70, 00; 
 - For the 11th and each subsequent year up to the expi ry date of the patent, fee from the 
item 8 of this tariff number increased for €25,00 per each year is paid. 
NOTE: 
1) If the submitter of a claim for patent registra tion, i.e. maintenance of  the patent, is national 
inventor then he pays fee in amount of 10 per cent of the fee prescribed by this tariff number. This reducing refers to the successors of the first direct heritable line.   
2) Annual maintenance fee from the claim for patent registration, i.e. patent maintenance, is to 
be paid before the beginning of a year to whic h the fee refers, and, the earliest, three months 
before the expiry of a period for which the previous fee is paid.  
3) If the annual fee is not paid in deadline described in point 2) of this note, it can be paid in six 
months period following the date of expi ry of deadline, increased for 50 per cent.  WT/ACC/CGR/28/Add.2 
 Page 15 
 
 
 Tariff No. 130 
Annual maintenance fee for the petty patent is paid as follows: 
 - For the 3rd year from the application filing 15,00; 
 - For the 4th year from the application filing 17,00; 
 - For the 5th year from the application filing 20,00; 
 - For the 6th year from the application filing 28,00;  - For the 7th year from the application filing 30,00;  - For the 8th year from the application filing 37,00;  - For the 9th year from the application filing 45,00; and 
 - For the 10
th year from the application filing 55,00. 
NOTE: 1) If the submitter of a claim is national inventor then he pays fee in amount of 10 per cent of the 
fee prescribed by this tariff number.  This reducing refers to the successors of the first direct heritable line. 
2) Annual maintenance fee for petty patent maintena nce is to be paid before the beginning of a 
year to which the fee refers, and, the earliest, th ree months before the expiry of a period for 
which the previous fee is paid. 
3) If the annual fee is not paid in deadline described in point 2) of this note, it can be paid in six 
months period following the date of expi ry of deadline, increased for 50 per cent. 
Tariff No. 131 
For topography registration 65, 00. 
NOTE: 1) If the submitter of a claim from this tariff number is national inventor then he pays fee in 
amount of 10 per cent of the fee prescribed by this tariff number.  
2) Reducing described in the point 1) of this note refers to th e successors of the first direct 
heritable line. 
Tariff No. 132 
1) For renewal of right of model, i.e. sample for the five years period: 
 - for the first model, i.e. sample 38, 00; and 
 - for second and each subsequent model, i.e. sample from the series 28, 00. 
2) For renewal of right of model, i.e. sample for the period from 6
th to 15th year: 
 - For the first model, i.e. sample 25, 00; and 
 - For second and each subsequent model, i.e. sample from the series 20, 00. WT/ACC/CGR/28/Add.2 
Page 16 
 
 
 NOTE: 
1) If the owner of the model is national author, he  pays fee in amount of 10 per cent of the fee 
prescribed by this tariff number.  This reducing refers to the successors of the first direct 
heritable line. 
2) Annual maintenance fee for maintenance of right  of model, i.e. sample, i.e. maintenance of 
the model is to be paid before the beginning of a year to which the fee refers, and, the earliest, 
six months before the expiry of a peri od for which the previous fee is paid. 
3) If the annual fee is not paid in deadline described in point 2) of this note, it can be paid in six 
months period following the date of expi ry of deadline, increased for 50 per cent. 
Tariff No. 133 
1) For granting, renewal and annual maintena nce trademark fee for the first ten years: 
 - If the list of goods and services encompass es up to three classes of International 
classification of goods and services 80, 00; 
 - If the list of goods and services encompasses mo re than three classes of International 
classification of goods and services, for each additional class 13, 00; and 
 - For figurative element or verbal trademark with graphical solution 13, 00. 
2) For granting, renewal, and annual maintenance of the collective mark fee for the first ten 
years: 
 - If the list of goods and services encompass es up to three classes of International 
classification of goods and services 230, 00; 
 - If the list of goods and services encompasses mo re than three classes of International 
classification of goods and services, fee for each additional class 13, 00; and 
 - For figurative element or verbal trademark with graphical solution 13, 00. 
3) For granting, renewal, and annual ma intenance geographical indication fee: 
 - for period up to five years following the day of inscription of the registered status of 
competent owner into the Register of the co mpetent users of  geographical indications 
100, 00; and 
 - For each renewal of the right on us ing geographical indications 100, 00. 
NOTE: 1) Fee for renewal of the right described in this tariff number is to be paid before the beginning 
of a year to which the fee refers, and, the earliest, six months before the expiry of a period for 
which the previous fee is paid. 
2) If the annual fee is not paid in deadline described in point 1) of this note, it can be paid in six 
months period following the date of expi ry of deadline, increased for 50 per cent.  WT/ACC/CGR/28/Add.2 
 Page 17 
 
 
 Tariff No. 134 
1) For entering in the registry of representatives: 
 - For legal entities 50, 00; and 
 - For physical entities 25, 00. 
2) For the renewal of the registration in the registry of representatives annual fee is paid: 
 - For legal entities 40, 00; and 
 - For physical entities 20, 00. 
Tariff No. 135 
1) For certificates of the data regarding regist ered and recognized rights on which the Official 
record is kept 6, 00. 
2) For certificates of international registered trademarks, models i.e. samples on which the 
Official record is kept 12, 00. 
Tariff No. 136 
For certificate of the right to priority for intellectual property application: 
 - For first certificate 2, 50; and 
 - For each successive certificate 0, 60. 
Tariff No. 137 
For a request for restoring the former state register ed rights in procedure before the body competent 
for intellectual property matters 12, 00. 
Tariff No. 138 
For a request for extension of the term before the body competent for intellectual property matters: 
 - For first request up to 30 days 4, 00; and 
 - For each successive request for ever y month of prolonging deadline 8, 00. 
Tariff No. 139 
1) For issuing certificate on registered intellectual property right 6, 00. 2) For issuing a photocopy of a registration certificate on registered intellectual property right 
5, 00. 
Tariff No. 140 
1) For a request for termination of the validit y of a trademark in case of not using 115, 00. 
2) For a proposal for announcement of a an inva lid decision for recognition of patent, petty 
patent, trademark, i.e. international registered trademark 115, 00. WT/ACC/CGR/28/Add.2 
Page 18 
 
 
 3) For a proposal for announcement of a an invalid decision for recognition of geographical 
indications, i.e. recognition as authorized user 115, 00. 
4) For a proposal to revoke decision on registered patent 115, 00. 5) For a request to revoke decision on recognition as authorized user 115, 00. 
6) For a proposal for announcement of an invalid decision for recognition of model, i.e. sample: 
 - Up to one model, i.e. sample 115, 00; and 
 - For two or more model (based on multiple  claim), or samples, for second and each 
additional model or sample 12, 00 
Tariff No. 141 
For a decision at the request for registration of transf er of right or license for a registered patent, petty 
patent, topography, trademark, model i.e. sample 10, 00. 
Tariff No. 142 
For a decision at the request for registration of what ever other change of the registered or recognized 
rights 6, 00. 
Tariff No. 143 
1) For a request for announcement of a patent application before the expiry of a term of 
18 months from the day of submitting the application 12, 00. 
2) For a request for application of trademark, i.e. model to put in urged procedure 23,00. 
Tariff No. 144 
For a request of registration application of a patent to be converted to a regi stration application of a 
model and vice versa 5, 00. 
Tariff No. 145 
1) For a activity license for collective implementation of copyrights and related 100, 00. 
2) For renewal of license 100, 00. 
Tariff No. 146 
For a request for issuance of forced license 150, 00. 
Tariff No. 147 
For disposition and evidence of works and subjects of related rights 40, 00.  WT/ACC/CGR/28/Add.2 
 Page 19 
 
 
 NOTE: 
1) If the submitter of a claim described in this tariff number is national author, he pays fee in 
amount of 10 per cent of the fee prescribed by this tariff number.  
2) This reducing refers to the successors  of the first direct heritable line. 
 
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