Montenegro News Archives

June 28, 2010

Montenegro New Trademark Law Gives 12-month Deadline to Trademark Owners

The Montenegrin parliament is expected to adopt a new trademark law in early July. The law will enter into force on the 8th day from its publication in the Official Gazette of Montenegro.

The most important provision of the new law affects the owners of trademarks registered before the Serbian Intellectual Property Office before May 28, 2008, the opening date of the Montenegrin IPO. Namely, the decree on IPR enforcement, which regulated the validity of Serbian intellectual property rights after the opening of the Montenegrin IPO, prescribed continuous validity of the trademarks registered before the Serbian IPO, on the territory of Montenegro, until their renewal due date, without re-registration or payment of any additional fees. The new law, however, in Article 65, obligates trademark owners to request entrance of their rights into the Montenegrin trademarks register within 12 months from the coming into force of this law.

This rule does NOT apply to trademark owners who:

Filed the renewal request,
Filed the request for Montenegrin Certificate of Registration,
Filed the request for change of name/address, or
Filed the assignment of rights before the IPO of Montenegro after the beginning of its operations.

The above requests are regarded as requests for entrance into the trademarks register.

In addition, the new trademark law aims to shorten the trademark registration process and achieve full compliance with the relevant EU regulations by abolishing the previous practice of substantive examination on relative grounds and introducing opposition proceedings. Under the new law, a trademark application will be examined on absolute grounds only and if it meets the requirements for registration, it will be published in the Official Gazette of the Montenegrin IPO. Third parties will have three months from the date of publication to file a written opposition.

The new trademark law will comply with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which is crucial for the process of Montenegrin accession to the World Trade Organization (WTO).

Another novelty will be the possibility to appeal IPO decisions before the competent ministry. Furthermore, the cancellation of a registered trademark will be argued before the competent court as opposed to a proceeding before the IPO as prescribed by the current legislation.

For more information, please contact Jasna Jusic Paovic at our Montenegro Office.

April 26, 2010

Montenegro to Adopt Three New IP Laws

The government of Montenegro is currently reviewing three new draft laws - the Draft Law on Trademarks, the Draft Law on the Legal Protection of Industrial Designs and the Draft Law on the Protection of Topographies of Semiconductors.

The new trademark law aims to shorten the trademark registration process and achieve full compliance with the relevant EU regulations by abolishing the previous practice of substantive examination on relative grounds and introducing opposition proceedings.

Under the new system, a trademark application will be examined on absolute grounds only and if it meets the requirements for registration, it will be published in the Official Gazette of the Montenegrin IPO. Third parties will have three months from the date of publication to file a written opposition.

The new trademark law is expected to enter into force within the next six months, while the other two laws are expected to enter into force by the end of the year.

For more information, please contact Jasna Jusic Paovic at our Montenegro office.

Source: The Government of Montenegro website

March 30, 2010

Extension of European Patents to Montenegro via Euro-PCT Route

As of March 1, 2010, the Extension of a European patent to Montenegro via the Euro-PCT route is available, provided that the PCT application includes both the designation of the European Patent Office (EPO) and of Montenegro.

All PCT applications, designating the EPO and Montenegro, filed on or after March 1, 2010 and having entered the regional phase before the EPO, will have the opportunity to be extended to Montenegro once granted, provided that an extension fee (102 EUR) has been paid to the EPO within 31 months from the priority date at the latest.

All PCT patent applications designating Montenegro, filed before March 1, 2010 can enter the PCT national phase before the Montenegrin IPO within 30 months from the priority date. Consequently, as mentioned above, for PCT applications with the filing date of March 1, 2010 or later, the only available route for Montenegro will be the Euro-PCT route.

For more information, please contact Jasna Jusic Paovic or Loic Dufour.

Source: WIPO

More than 300 Personal Names with .ME Extension Auctioned Online

Montenegrin domain registration company DoMEn and the domain auction company NameJet are organizing an online auction of personal names and surnames with a .ME extension, starting on April 5, 2010.

More than 300 names and surnames, such as Andrew.ME, Adam.ME, Daniel.ME and Maria.ME will be auctioned. For the full list of available names, please visit www.PersonalNames.Me

More than 350,000 .ME domains have been registered since 2007, when the domain became active, making it the fastest-selling country code top-level domain (ccTLD) in history.

A number of large global companies, including Google and Microsoft, have registered .ME domain names. World’s largest social network Facebook has recently registered fb.ME as an URL shortener.

For more information, please contact Jelena Radevic in our Montenegro office.

Source: Daily newspaper “Vijesti”

February 23, 2010

New Regulation Regarding Registration and Use of Montenegro Domain

The new Regulation titled Regulation on Procedures for the Registration and Use of the Domain Names Under the National .ME Domain came into force in December 2009, after its publication in the Official Gazette of Montenegro.

The new Regulation outlines the basic conditions for registering and using the Montenegro’s country code top-level domain (ccTLD).

According to the new regulation, international standards and the Uniform Domain Name Dispute Resolution Policy (UDRP) will be applied when resolving disputes concerning the registration of domain names. If the dispute is to be resolved through arbitration, the registration agent will designate the arbitration representative with the consent of the ccTLD manager.

As of September 2007, when the .ME domain became active, more than 320,000 .ME domains have been purchased, making it the fastest-selling ccTLD in history. Some addresses such as love.ME and write.ME have become so popular that the representatives of .ME decided to take them off the market and auction them online.

For more information, please contact Jelena Radevic in our Montenegro office.

Source: The Official Gazette; daily newspaper “Vijesti”

Montenegro Begins to Issue Certificates of Registration for Trademarks

On February 10, 2010, the Montenegrin IPO began issuing certificates of registration for trademark applications filed after its opening in May of 2008.

The first certificates of registration are expected for trademark applications filed in May and June 2008.

The IPO is examining applications on both the absolute and relative grounds.

For more information, please contact Jelena Radevic in our Montenegro office.

Source: Montenegro IPO, the Official Gazette

Montenegrin IPO Launches the First IP Gazette

On February 10, 2010, the Montenegrin IPO launched its first Intellectual Property Gazette. The Official Gazette of the Montenegrin IPO is currently available in a PDF format on the official website of Montenegrin IPO.

Most of the Gazette’s content is bilingual, in Montenegrin and English. The first edition starts with the introduction from the editor Novak Adzic, who is also the director of the IPO. According to the IPO, the Gazette will be issued three times a year.

For more information, please contact Jelena Radevic in our Montenegro office.

Source: Montenegrin IPO

January 21, 2010

Extension of European Patents to Montenegro as from March 1, 2010

On March 1, 2010, the Co-operation and Extension Agreement between Montenegro and the European Patent Organization will enter into force. Under this agreement, it will be possible to extend the protection conferred by European patent applications and European patents to Montenegro without any subsequent examination.

European patents extended to Montenegro will have the same effect as national patents granted for the territory of Montenegro. However, it is important to note that extensions to Montenegro will be available only for European patent applications and international patent applications, entering European regional phase, filed on or after March 1, 2010 and for which the extension fee has been paid to the European Patent Office. The extension fee is EUR 102 (USD 143).

For European patent applications and international patent applications, entering European regional phase, filed before March 1, 2010, patent protection can be obtained in Montenegro provided the Republic of Serbia has been designated as “extension country”. Namely, the Decree on IP rights Enforcement in Montenegro, that clarifies re-registration and re-filing questions after the split of the State Union of Serbia and Montenegro, for the territory of Montenegro, provides that European Patents valid for the territory of Serbia are valid in Montenegro automatically.

We recommend that owners of such patents request a Letters Patent / Registration Certificate directly from the Montenegrin IPO for the sake of clarity and good order.

Therefore, if a European Patent, based on a European patent application or international patent application, entering European regional phase, filed before March 1, 2010, is granted and extended to Republic of Serbia, the same is automatically valid in Montenegro until the next annuity due date falling after the date of grant of the European Patent. From that date on, it is required that a separate annuity fee is paid in Montenegro in order to keep the patent valid in this country.

For more information, please contact Loic Dufour or Jasna Jusic Paovic.

Source: EPO Website

January 20, 2010

Montenegrin IPO Website Now in English

Two months after its launch, the official Montenegrin IPO website now has its English version.

The website provides information on IPR legislation currently in force in Montenegro, as well as on the proceedings related to the protection of IPR.

For more information, please contact Jelena Radevic in our Montenegro office.

Source: Montenegrin IPO

December 08, 2009

European Patent Extension to Montenegro Expected Soon

The European Patent Organization and Montenegro signed an agreement on the extension of European patents to Montenegro on February 13, 2009.

On October 14, 2009, the Parliament of Montenegro adopted the Law on Affirmation of the Agreement between the Government of Montenegro and the European Patent Organization on the Extension of European Patents to Montenegro. The law was published in the Official Gazette of Montenegro on November 6, 2009 and came into force in Montenegro on November 14, 2009.

However, even though this law entered into force in Montenegro, the Agreement itself is not applicable yet. The date of entry into force of the Agreement will be determined by a mutual exchange of notes between the Government of Montenegro and the EPO. The exchange of notes has not taken place yet. As soon as we know that the exchange of notes took place, we will report on it.

For more information, please contact Jasna Jusic Paovic in our Montenegro office.

October 21, 2009

Montenegro PTO Starts Substantive Examination of Trademark Applications

In October 2009, the Montenegrin PTO started substantive examinations of trademark applications.

Within the substantive examination, the PTO is examining applications on both the absolute and the relative grounds.

The Montenegrin PTO opened in May 2008, after the separation of the Union of Serbia and Montenegro in June 2006.

For more information, please contact Jelena Radevic in our Montenegro office.

Deadline Extended for Montenegro Domain .ME to Replace CG.YU

The period of transition from the current CG.YU domain to the new .ME domain has been extended from September 30, 2009 to March 30, 2010, based on the decision of the International Corporation for Assigned Names and Numbers (ICANN).

In addition, Montenegrin domain registration company DoMEn has informed all CG.YU website owners that Google has agreed to fast index the new .ME websites.

If the current CG.YU domain users do not change their e-mails and web-servers into .ME before the deadline of March 30, 2010, they will not be able to access their accounts or recover information.

The extension CG.YU, assigned to the former Republic of Yugoslavia, has been replaced by .RS (for Serbia) and .ME (for Montenegro), after the split of the Union of Serbia and Montenegro in June 2006.

For more information, please contact Jelena Radevic in our Montenegro office.

September 25, 2009

Montenegro’s Domain .ME to Completely Replace Former Domain CG.YU

As of September 30, 2009, Montenegro’s former domain CG.YU will no longer be in use. Before September 30th, all CG.YU users will need to change their e-mails and web-servers into .ME, the official country code assigned to Montenegro by the International Corporation for Assigned Names and Numbers (ICANN). If current CG.YU domain users do not switch to .ME before the deadline, they will not be able to access their emails and web servers.

While the CG.YU days are numbered, the new Montenegrin domain .ME continues to grow rapidly. Currently, the domain has more than 270,000 applications, out of which 79 % are active websites.

In May 2009, .ME had 250,000 applications and was supposedly one of the fastest growing country code domains in the world, which was attributed to its great compatibility with English words.

With domain names such as Trust.ME, Teach.ME, Share.ME, Remind.ME, this country code domain attracted many businesses and advertisers because of its unique online marketing power.

For more information, please contact Jelena Radevic in our Montenegro Office.

June 25, 2009

Montenegro’s ccTLD Records 250,000 Registrations

Montenegro’s country code top-level domain (ccTLD) .ME reached quarter of a million registrations, announced representatives of the .ME registry on May 20, 2009.

Supposedly, .ME is one of the fastest growing new ccTLD in the world, with 48,000 applications submitted for an online auction of .ME domains in late May 2009. The next round of auctions began on June 5, 2009.

Interested buyers can bid for domains, such as Copy.Me, Publish.Me, Catch.Me, Share.Me, Beer.Me, Trust.Me, Network.Me, Live.Me, Kick.Me, Face.Me, David.Me, Invite.Me, Teach.Me, Remind.Me, Gallery.Me.

Online marketing community members believe that .ME’s popularity is directly linked with the domain’s branding power. Domains such as YouAnd.Me, Hotels4.Me, Pizza4.Me and Tickets4.Me are easy to remember, more personalized and provide more user-generated content, explained Steve Sikes, the founder of the popular dating site YouAnd.Me.

For more information, please contact Jelena Radevic in our Montenegro Office.

May 12, 2009

Montenegro Establishes Procedures for the Registration of Geographical Indications

The Montenegrin “Regulation on Procedures for the Registration of Geographical Indications” entered into force on April 21, 2009.

The regulation was drafted on the basis of a recently enacted Law on Geographical Indications, which came into force on August 19, 2008.

The regulation was prepared by the Montenegrin Ministry of Economy and it was published in the Official Gazette of Montenegro on April 13, 2009.

For more information, please contact Jelena Radević in our Montenegro office.

EU Extends Customs and Tax Assistance Project in Western Balkans

European Union’s project called Technical Assistance to Customs and Tax Administrations (TACTA) for the West Balkan countries has recently been extended until the end of August 2009.

The project, which officially started on April 4, 2008, is led by the Italian Customs and is funded by the European Commission.

As explained by TACTA Project Director Natalina Cea, the general objectives of the project are: to harmonize the customs and tax legislation and procedures with those in the EU; to establish well functioning and accountable customs and tax administrations, and to strengthen and modernize the national enforcement of customs legislation and procedures; to support legal trade; to enhance institutional capacity of beneficiary countries; and to promote regional cooperation.

TACTA teams and work plans were set up for each beneficiary country. The team leaders and staff implementing this project comprise customs and tax experts, who closely cooperate with national customs and tax administrations, and provide them with the necessary IT and expert support, such as study visits, training, workshops and seminars.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

April 14, 2009

Deadline for Re-filing of IP Rights Applications in Montenegro Expires on May 28, 2009

Serbian patent, trademark and design applications which were pending on the date the Montenegro IPO began its operations, May 28, 2008, must be re-filed in Montenegro by May 28, 2009, to maintain the original filing date.

Serbian registrations continue to be valid in Montenegro until their expiration date, without the need for re-registration. While the re-registration is not mandatory, we advise that IP rights holders apply for a certificate of registration to document their rights in this new jurisdiction. The Montenegrin certificate of registration would be needed during enforcement procedures.

For more information, please contact Jasna Jusic in our Montenegro Office.

March 17, 2009

Montenegro Begins to Issue Certificates of Registration

On March 3, 2009, the Montenegrin Intellectual Property Office began issuing certificates of registration, which confirm continuous validity of the intellectual property rights obtained before the Serbian Intellectual Property Office, on the territory of Montenegro.

After a five-year period of consecutive non-use, starting from the registration date in Serbia, the trademark becomes vulnerable to cancellation requests from third parties on the grounds of non-use.

For more information, please contact Jasna Jusic or Jelena Radevic in our Montenegro Office.

February 16, 2009

Montenegro and EPO sign Agreement on Cooperation and Extension

On Friday, February 13, 2009, in Munich, the Montenegrin Minister for Economic development, Mr. Branimir Gvozdenovic, and the director of the European Patent Office, Ms. Alison Brimelow, signed the Agreement on Co-operation and Extension.

We will inform you about the details as they become available.

For more information, please contact Jasna Jusic in our Montenegro Office.

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.