Intellectual Property Laws at Montenegro
Montenegro's intellectual property (IP) framework is designed to align with international standards, particularly those of the European Union, and is governed by several key laws and regulations. Here's an overview of the main areas:
1. Copyright and Related Rights
The Law on Copyright and Related Rights (Official Gazette of Montenegro, Nos. 37/11, 53/16, 145/21, 48/24, 84/24, and 100/24) protects works of literature, science, and art, as well as related rights of performers, producers, and broadcasters. Recent amendments, effective from October 24, 2024, harmonize Montenegrin law with EU Directives 2019/789 and 2019/790. Notably, these amendments introduce exceptions for text and data mining, allowing research institutions and cultural heritage organizations to reproduce protected works for scientific purposes without prior permission or payment, unless the copyright holder has expressly reserved all rights
2. Trademarks
The Law on Trademarks (Official Gazette of Montenegro, Nos. 72/2010, 44/2012, 18/2014, 40/2016, 2/2017, and 3/2023) governs the registration and protection of trademarks. The 2023 amendments align the law with the Nice Agreement and the Paris Convention, enhancing the protection of trademarks in Montenegro
3. Patents
The Law on Patents (Official Gazette of Montenegro, Nos. 42/2015, 2/2017, 146/2021, and 3/2023) regulates the patenting process, including filing, examination, and enforcement. Montenegro is a member of the European Patent Organisation, allowing for the extension of European patents to Montenegro
4. Industrial Designs
The Law on the Legal Protection of Industrial Designs (Official Gazette of Montenegro, No. 80/2010) provides protection for the visual design of products. It includes provisions on prior use rights, allowing individuals who have used a design in good faith before the filing date to continue its use
5. Enforcement and Border Measures
The Law on the Enforcement of the Legislation that Regulates Protection of Intellectual Property Rights (Official Gazette of Montenegro, Nos. 45/2005, 37/2011, 40/2011, 18/2014, 42/2015, and 42/2016) outlines procedures for enforcing IP rights, including customs measures to prevent the importation of counterfeit goods
6. Collective Management Organizations
Montenegro recognizes several collective management organizations for the administration of copyright and related rights:
PAM CG – Montenegrin Organization for Collective Management of Music Authors' Rights
A-PRAVA Montenegro – Organization for Protection of Film Producers' Rights
INCG – NGO “Performers of Montenegro”
These organizations are authorized by the Ministry of Economic Development to manage rights on behalf of authors and other rights holders
7. Registration and Deposit
While copyright protection in Montenegro is automatic upon creation, authors can deposit copies of their works with the Ministry of Economic Development to establish evidence of their rights. This is not compulsory but can be useful in legal disputes
8. IP Legal Services
For assistance with IP matters in Montenegro, firms like Ćupić Law Firm offer services including trademark and patent registration, copyright protection, and enforcement actions. They have extensive experience representing international clients
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