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Montenegro IP Report: A Decade After

A few days ago Montenegro celebrated the tenth anniversary of its independence from the State Union of Serbia and Montenegro. The past decade has been quite dynamic and challenging for the country. The major economic growth that followed independence was slowed by the recession. Nowadays, Montenegro is a small but an open economy with a relatively good investment climate. The country is a EU candidate, and it recently received invitation for membership in NATO.

Legislation

Development of intellectual property rights in Montenegro has almost as long a life span as the republic itself. After declaring independence, Montenegro acceded to all relevant international treaties, and thus all international mechanisms for protection continued to apply to the country. As regards the national instruments, the entire set of IP laws was created since the local intellectual property office started operations in 2008. The aim was to bring the legislation in line with the EU acquis communautaire.

The Patent Law of 2008 abolished substantive examination of inventions. A patent is granted if the formal requirements are fulfilled. However, the patent owner is obliged to...

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International Conventions

Paris Convention, WIPO, PCT, Madrid Agreement, Nice Agreement, Berne Convention (Copyright), Locarno Agreement (Industrial designs), Madrid Protocol, Hague Agreement (Industrial Designs), Budapest Treaty, Lisbon Agreement, Rome Convention, TLT, CT, PPT and WTO

MINIMAL FILING REQUIREMENTS

Patent Applications

  • Applicant data
  • Name and address
  • Priority application data
  • Patent specification and claims

Trade/Service Mark Applications

  • Applicant data
  • Priority application data
  • List of goods/services
  • At least one representation of the mark (in color if claimed)

Industrial Design Applications

  • Applicant data
  • Priority application data
  • At least one drawing or photograph of the claimed model or design

All other documents may be filed subsequently. Powers of attorney and declarations need not be legalized or notarized unless requested by the Patent and Trademark Office.

Some documents may require translation into Montenegrin.