PODGORICA, MONTENEGRO - The Montenegro Decree on Intellectual Property Rights (IPRs), which was published on October 12, 2007, in the Official Gazette No. 61, came into force on October 20, 2007.
As reported by SD PETOSEVIC, the Decree regulates IPRs in Montenegro after its separation from the Union of Serbia and Montenegro on June 3, 2006.
The Decree calls for an automatic validity of Serbian IPRs in Montenegro. The IP owners will have the option of filing requests for new certificates of registration confirming their rights in Montenegro. A proof of their Serbian rights and payment of an applicable fee will be needed.
The following are further details of the Decree:
- IPRs are defined as the rights that were granted and registered under the relevant laws and international conventions which were applicable in the territory that is today the Republic of Montenegro (predecessor state rights).
- IPRs will continue to be automatically valid in Montenegro as they were on June 3, 2006, when Montenegro became independent, and will be valid until their expiration/renewal/next annuity date. Consequently, existing IPRs will have to be maintained separately in Montenegro, once renewal and annuity fees become due.
- IPRs granted and registered before the Serbian Patent and Trademark Office (PTO) between June 3, 2006, and the date when the PTO in Montenegro officially starts to operate, will also automatically be valid in Montenegro until their expiration/renewal/next annuity date. This date is still unknown but October/November 2007 is a possibility.
- Pending applications for IPRs will keep their priority and may be continued in Montenegro but only upon completing a “re-filing” procedure. The time frame for completing the “re-filing” procedure is 6 months from the date that the Montenegrin PTO officially starts to operate.
- International Trademark Registrations under the Madrid system will be subject to Rule 39 of the Common Regulations. The World Intellectual Property Organization (WIPO) has already started to inform International Trademark Registration owners of the possibility of continuation of effect to Montenegro within the prescribed time limits, as per WIPO notification.
- International Trademark Registrations extended to Serbia after June 3, 2006, and before December 4, 2006, when Montenegro signed the Agreement and the Protocol, will have to be re-registered in Montenegro in order to preserve Serbian priority. A WIPO certificate will have to be submitted to the Montenegrin PTO. The fees for this service have not yet been announced.
- European patents and Patent Cooperation Treaty (PCT) based patents granted in Serbia and Montenegro before June 3, 2006, will automatically continue to be valid in Montenegro until the first upcoming annuity due in Montenegro, for which a separate annuity fee will, from this moment on, apply in this country.
- European Union (EU) patents valid in Serbia and Montenegro or the Republic of Serbia registered on the basis of a European Patent Application filed on or after June 3, 2006, will continue to be valid in Montenegro until the next annuity due in Montenegro.
- Intellectual Property owners have the right to request a Montenegrin certificate (trademark certificate, patent certificates, etc.) from the Montenegrin PTO, upon submitting proof of exact contents and validity.