News & Resources

January 29, 2008

Montenegro Customs to Install IP Database

Plans are underway for the Montenegro Customs to install a specialized intellectual property database modeled after a database currently used by the customs officials in Great Britain.

The database will be used to store records of cases and applications for protection of IP rights.

The Montenegro Customs has also prepared a guide for customs officials to help them identify pirated CDs and DVDs. In the future, the Customs will issue a similar guide containing examples of counterfeit goods and guidelines for recognizing them.

For more information, please contact Tijana Radosevic in our Montenegro Office.

October 14, 2007

MONTENEGRO and KOSOVO UPDATE

For the latest IP developments in Montenegro and Kosovo, please submit your Request for Information here and a Montenergo and Kosovo representative will get back to you shortly.

May 25, 2007

European Patents - Applicability of Co-operation and Extension Agreement in Montenegro

On May 23, 2007, the European Patent Office issued a notice concerning the Co-operation and Extension Agreement with the former State Union of Serbia and Montenegro that ceased to exist on June 3, 2006.

“Serbia is the legal successor to the former Union of Serbia and Montenegro as regards the Co-operation and Extension Agreement. As of 4 June 2006 the Co-operation and Extension Agreement no longer applies to the territory of Montenegro.

European patent applications and PCT applications filed after 3 June 2006 and entering the European phase, and European patents resulting from such applications, can be extended to the territory of Serbia only.

The protection conferred by pending European patent applications and PCT applications filed up to 3 June 2006 and entering the European phase, and by European patents resulting from such applications, can be extended to the territory of Serbia.

The European Patent Office, in co-operation with the Serbian and Montenegrin authorities, will attempt to clarify whether the protection resulting from such applications and patents can also be extended to the territory of Montenegro.”

For more information, please contact Loic Dufour.

March 29, 2007

Montenegro Establishes Council for .ME Domains

On March 22, 2007, Montenegro’s law calling for the establishment of a Council for .ME domains entered into force. The Council is now the highest authority in the field of domain names in Montenegro.

The Council is a state body, consisting of Montenegro’s government members. It is responsible for establishing general rules concerning the maintenance of .ME domains. It is also responsible for monitoring changes in the area of Internet domains and reporting directly to the government of Montenegro.

The Council also monitors activities of its administrative body, which is the National Registry for Domain Names. This administrative body was created by the government of Montenegro to handle technical and administrative operations relating to .ME domains. Its official title is: “The Information System Center of the University of Montenegro” (“Centar informacionog sistema Univerziteta Crne Gore”).

The legal framework for the domain names in Montenegro is still in the making but close to being finalized. We expect new regulations to enter into force in the next couple of months.

For more information, please contact Vesna Gakovic in our Balkan Regional Office in Serbia.

September 01, 2006

Montenegro: End of Summer Update

After its separation from Serbia in June, the official stance of the Government of the Republic of Montenegro Ministry for International Economic Relations and European Integrations is that until suitable laws are passed in the Republic of Montenegro laws that were in force in the Union of Serbia and Montenegro would be enforced as if they were the laws of the Republic of Montenegro.

Therefore, based on the above, until a new national PTO is established we believe that the IP rights validly registered in Serbia, both before and after the dissolution of the Union, will be enforceable in the new country.

In addition, we believe that once a Montenegrin PTO is established, a revalidation period will be permitted whereby holders of IP rights in Serbia will have 6-12 months to revalidate their existing IP rights in the new country.

It is also important to note, however, that the Republic of Montenegro does have its own Law on Enforcement of the Legislation that Regulates Intellectual Property Rights which gives various government agencies, such as Customs and the Market Inspectorate, the authority to detain and seize infringing goods. Applications for the enforcement of IP rights, therefore, must be made separately for Montenegro, even though such applications will have to be based on IP rights registered in Serbia. We encourage our clients to consider filing Customs Watch Notices and also Market Inspectorate Notices in Montenegro, a popular transit area for counterfeit products.

For more information on Montenegro, please contact Slobodan Petosevic or Kathryn Szymczyk.

June 06, 2006

Montenegro's Separation from Serbia, Recent Developments in Kosovo: How Are Your Intellectual Property Rights Affected?

Montenegro

The former Yugoslav republic of Montenegro declared independence on Saturday when its parliament adopted the May 21st national referendum decision to end its union with Serbia.

Negotiations between Serbia and Montenegro on how to disentangle the two states, including the laws and court systems, are expected to begin shortly.

The separation of the union will have significant effects on IP owners’ rights. Currently, Montenegro does not have its own Patent and Trademark Office or its own intellectual property laws. New legislation in Montenegro is likely to closely resemble the relevant Serbian laws. Based on the experience following the breakup of the former Yugoslavia into 5 countries, we anticipate a six to twelve month period of time for IP owners to revalidate rights registered under the old union in Montenegro. In the meantime, joint government agencies, such as the Patent and Trademark Office in Serbia, will operate under the same rules and regulations as before the independence declaration.

Kosovo

Kosovo, an enclave in Serbia with an Albanian majority, is presently jointly governed by Provisional Institutions of Self-Government and the UN Interim Administrative Mission in Kosovo (UNMIK). The future of the province is set to be determined by the end of 2006.

A comprehensive legal framework for the self-government for Kosovo was established on May 15, 2001. Since 2001, new laws have been promulgated to replace some of the laws of Serbia, including some laws on intellectual property rights. The amendments to the law on patents, which would allow the Ministry of Trade to establish a Patent and Trademark Office, are presently being reviewed by the Office of the Prime Minister and are expected to be approved shortly. In addition, the promulgation of a trademark law is expected in the near future. Once a Patent and Trademark Office is established in Kosovo it will likely be necessary to revalidate the existing IP rights. Like in Montenegro, we anticipate that there will be a six to twelve month time frame within which an IP owner can revalidate their existing IP rights registered under the old union.

Although the situation in both Montenegro and Kosovo is in flux, the enforcement of intellectual property rights is possible with the use of good strategy and timely action.

For more information on Montenegro and Kosovo, please contact Slobodan Petosevic or Kathryn Szymczyk.