Industrial Designs Law in Montenegro
Here’s an overview of Industrial Designs Law in Montenegro:
Industrial Designs Law in Montenegro
1. Legal Framework
Montenegro’s industrial designs are governed by the Law on Industrial Designs (Zakon o industrijskim dizajnima).
Montenegro is a candidate country for EU membership and aligns many of its IP laws with EU standards.
The law is harmonized with the European Union’s Community Design Regulation and international treaties.
2. Definition and Protection
An industrial design protects the appearance of a product or part of a product, including features such as lines, contours, colors, shape, texture, or materials.
For protection, the design must be:
New — no identical design made public before the filing date.
Have individual character — the overall impression differs from previously known designs.
3. Registration
Industrial designs must be registered with the Intellectual Property Office of Montenegro (Zavod za intelektualnu svojinu Crne Gore).
The application must include representations (drawings or photos) of the design.
The Office performs a formal examination, but does not conduct substantive examination regarding novelty or individual character.
The application process typically takes several months.
4. Term of Protection
Protection is granted for an initial period of 5 years from the filing date.
It can be renewed in 5-year increments, up to a maximum total term of 25 years.
5. Rights and Enforcement
The registered design owner has the exclusive right to prevent third parties from using, manufacturing, or selling products incorporating the design without consent.
Infringement cases are handled by the Montenegrin courts, which can issue injunctions, order damages, or destroy infringing products.
6. International Treaties
Montenegro is a party to key international treaties including:
Paris Convention for the Protection of Industrial Property.
Hague Agreement Concerning the International Registration of Industrial Designs (Montenegro joined in recent years).
It is also aligned with EU design law principles due to its EU accession efforts.
7. Community Designs
Montenegro is not an EU member, so EU Registered Community Designs (RCDs) do not automatically apply in Montenegro.
However, Montenegrin applicants can file for RCDs to protect designs across the EU.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Industrial Designs |
| Registration Authority | Intellectual Property Office of Montenegro |
| Examination | Formal examination only |
| Term of Protection | Up to 25 years (5-year renewals) |
| International Treaties | Paris Convention, Hague Agreement |
| EU Community Designs Valid? | No, Montenegro is not an EU member |
| Enforcement | National courts; injunctions, damages, destruction |
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