The Montenegro IP Office was officially inaugurated on May 28, 2008, following a decree regulating the recognition of intellectual property rights granted in the predecessor state of Serbia and Montenegro.
Holders of patent, trademark and design applications which were pending in Serbia on May 28, 2008, can revalidate them in Montenegro and retain the priority date of the original Serbian filing. However, if not revalidated within six months, these applications will not be recognised in Montenegro.
For international registrations designating Serbia, which were filed with the World Intellectual Property Office (WIPO) in the period from June 3, 2006 to December 4, 2006, there is a six month period to revalidate them in Montenegro (by filing a request with the Montenegro IP Office).
Serbian national rights registered before May 28, 2008, will automatically be recognised in Montenegro.
In order to receive a Certificate of Registration, the owner will formally have to request its issuance and prove that their Patent, Trade Mark, or design was in force in Serbia on May 28, 2008.
As of May 28, 2008, renewal fees become payable on national rights in Montenegro.
International trademarks designating Serbia and Montenegro registered before June 3, 2006, will be valid in Montenegro provided that trademark owners file a request for the continuation of effect with WIPO. The deadline is six months from the date the trademark owners receive a notification under article 39 from WIPO.
International trademarks designating Serbia registered between June 3, 2006 and December 4, 2006 have to be revalidated in Montenegro within 6 months from the date the Montenegro IP Office starts operating. Requests for revalidation have to be filed with the Montenegro IP Office, and it will have to be supported by evidence that the international trademark was registered for Serbia in the relevant period.
Montenegro is party to the following international systems:
- The Patent Cooperation Treaty for international patent applications
- The Madrid System for international trade mark applications
- The Hague System for international design registrations
The international country code for Montenegro in respect of intellectual property rights is ME.
For UK companies wishing to obtain protection in Montenegro, in most cases this would be achieved as part of an application for wider international rights via the international systems for patents, trade marks or designs via the World Intellectual Property Office (WIPO).
Article Published August 12th, 2008
