New Montenegrin Design Law Gives 12-Month Deadline to Owners

On December 22, 2010, the Montenegrin Parliament adopted the new Law on the Protection of Industrial Design, which came into force on January 8, 2011. The law prescribes re-registration of designs registered before the Serbian IPO prior to May 28, 2008, which is the opening date of the Montenegrin IPO. The final deadline to request re-registration is January 8, 2012, 12 months from when the law entered into force.

This rule does NOT apply to design rights owners who have already filed requests for design renewal, recordal of changes or the Certificate of Registration before the Montenegro IPO.

Considering that under the old law the fees were paid annually and as of May 28, 2008 before the Montenegrin IPO, this provision will affect design owners who obtained the initial registration, for the five-year period, before the Serbian IPO, prior to the opening of the Montenegrin IPO.

The designs are to be renewed every five years, with a maximum of 25 years of protection. In accordance with the old law, the renewal fees are, after the first five years of protection, paid annually.

The law provides the possibility to appeal the decision of the Montenegrin IPO before the competent ministry. The cancellation of a registered design is to be argued before the competent court as opposed to a proceeding before the IPO as prescribed by the previous law.

For more information, please contact Jasna Jusic Paovic at our Montenegro office.

Source: PETOŠEVIĆ (the text of the law)