INTELLECTUAL PROPERTY RIGHTS IN MONTENEGRO
Opposition Term |
90 Days |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Montenegrin Trademark Law, 2010 - is the primary law governing the mechanism of trademark registration and protection in Montenegro.
For getting a trademark registered in Montenegro, an application has to be filed with the Montenegrin IP Office, which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
Montenegro follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is within ninety (90) days from the date of publication of the trademark application in the Intellectual Property Gazette of Montenegro.
In Montenegro, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Montenegro is a member of the Paris Convention for the Protection of Industrial Property.
The Patent Law - passed on July 16, 2015, deals with the mechanism of patent protection in Montenegro.
For seeking patent protection in Montenegro, an application has to be filed with the Montenegrin IP Office, which administers the entire process of patent grant.
In Montenegro, an invention that is new, involves an inventive step, and is susceptible of industrial application, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.The types of patent applications that can be filed include Non-Convention Application and Convention Application.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Montenegro, pre-grant opposition cannot be filed.
Patents last for twenty (20) years in Montenegro. Annuities are due for the third and each following year for the patent applications and patents counting from the filing date.
The Law on the Protection of Industrial Design, 2011 - governs and deals with the mechanism of registration of industrial designs in Montenegro.
For getting an industrial design registered in Montenegro, an application has to be filed with the Montenegrin IP Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Montenegro include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Montenegro.
The maximum term of protection in Montenegro is twenty-five (25) years, provided the registration is renewed after the first period of protection of five (05) years annually for successive periods of one (01) year each.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) months after the renewal date.
Montenegro is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law on Copyright and Related Rights (Official Gazette of Montenegro, Nos. 37/2011 and 53/2016) - is the basic legislation governing copyright protection in Montenegro.
In Montenegro, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
Copyright lasts for the life of the author and for seventy (70) years after his death, unless stipulated otherwise.
For works of co-authorship, copyright lasts for seventy (70) years from the death of the author who died last.
Copyright of an audiovisual work lasts for seventy (70) years from the death of the last person among the co-authors, the principal director, screenplay writer, dialogue author, and the author of music specifically composed for the audiovisual work.
Copyright in a musical works with words, with the text and music written by different co-authors specifically for this work, lasts for seventy (70) years from the death of the last co-author.
Protection of copyright in anonymous or pseudonymous works lasts for seventy (70) years from the date of publication of the work, unless the identity of the author becomes known before that period.
Copyright in collective works lasts for seventy (70) years from the date of publication of the work, unless the individuals who participated in the creation of the work are named in it.
Durations are calculated from 1st January of the year immediately following the year in which the relevant event occurred.