Intellectual Property Rights in Montenegro
Intellectual Property Rights in MontenegroUpdated on Thursday 22nd June 2017
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The success of your company in Montenegro can be granted by defending and protecting various intellectual property rights. The national law in Montenegro protects the acquisition and disposition of intellectual property rights. Trademarks, patents, utility models and industrial designs can receive intellectual property rights in Montenegro.
If you want to protect your business from intellectual property theft, our lawyers in Montenegro can provide you with legal assistance.
Montenegrin legislation for intellectual property rights
After declaring its independence, Montenegro joined all relevant international treaties and created an entire set of intellectual property laws. These laws were meant to align the Montenegrin legislation with the European one. The law on the enforcement of intellectual property rights entered into force in January 1st 2006 and assesses up to EUR 30,000 fines to Montenegrin companies selling counterfeited or pirated goods.
Intellectual property rights are dealt by the Montenegrin Intellectual Property Office, the competent authority within state administration. The legislation provides that any intellectual rights registered with the Serbian Intellectual Property Office, before May 28th 2008 is enforceable in Montenegro. Any application for intellectual rights submitted after this date in Serbia has to be re-submitted in Montenegro within six months. If you want to acquire intellectual rights for your company`s goods and prevent others from exploiting your business ideas, you can rely on our law firm in Montenegro.
Application for acquiring intellectual property rights in Montenegro
The most common type of intellectual property rights in Montenegro include: patents, trademarks and industrial designs. As a foreign investor in Montenegro, you can obtain intellectual protection for your company`s products by submitting a written application to The Intellectual Property Office. According to the type of intellectual property you want to defend, the content of the application may vary. The main requirements are the following:
• Patent – it is a form of right granted to an inventor, giving its owner the right to exclude others from making, selling, using and importing an invention for a limited period of time. According to the Montenegrin Law on Patents, the application should contain: the name and address of the applicant/inventor, description of patent, patent claims, drawings (if any), a summary of the invention, power of attorney signed by the applicant;
• Trademarks - they comprise of recognizable designs, expressions or signs which identify products from a particular source. In order to have a trademark registered in Montenegro, the application has to contain the following: full name and address of the applicant, an outlook (representation) of the mark, a list of goods and services according to Nice Classification, the original Priority Document and power of attorney;
• Industrial designs – protection is granted over the shape, configuration, and composition of pattern or color in a three-dimensional pattern. The requirements for an industrial design application are: name and address of the applicant/author (the author can choose not to be mentioned in the application), full and short title of the industrial design, a two-dimensional presentation of designs being subject of protection, the Legal Base for the application and power of attorney.
Don`t hesitate to contact our attorneys in Montenegro for legal advice in applying for the protection of intellectual property rights.