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Montenegro

Jamaica approves protection of GIs, Montenegro joins TMView and United Kingdom ratifies Hague Agreement: news round-up

In today's round-up, we look predictions for the next round of gTLDs, the UK’s IP Crime Unit urging the public to “treat mum right” by avoiding fakes, and much more.

Jamaica approves protection of GIs, Montenegro joins TMView and United Kingdom ratifies Hague Agreement: news round-up

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23 Apr 2020

Procedures and strategies for anti-counterfeiting: Western Balkans

With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be fertile ground for the manufacture and distribution of counterfeit goods. Read more

13 May 2019

Procedures and strategies for anti-counterfeiting: Western Balkans

With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Due to its geographical location, the Western Balkans is well connected to other regions and continents. Read more

18 May 2017

Western Balkans

With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods. Read more

13 Feb 2017

Amended laws on patents, trademarks and industrial designs enter into force

The amended laws on patents, trademarks and industrial designs entered into force on January 18 2017. While most amendments concern the alignment of terminology with the new Law on Administrative Proceedings, there are two significant changes: all three laws introduce the possibility of filing administrative proceedings against decisions of the IPO, and the amended trademark law now allows parties to suspend opposition proceedings while negotiating an agreement.

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Anti-Counterfeiting

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3 Oct 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

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2 Nov 2011

Simplified Customs procedure applicable as of beginning of 2012

A new decree concerning goods suspected of infringing IP rights came into force in Montenegro on July 16 2011 and will be applied as of January 1 2012. The new decree makes it possible for IP rights holders to destroy infringing goods seized by Customs without first having to initiate court proceedings. To be able to destroy the infringing goods, the written consent of the owner of the goods is sufficient.

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Enforcement and Litigation

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9 Sep 2016

Laws on trademarks, designs and semiconductor topographies amended

Recent legislative revisions aim to bring Montenegro’s IP regime fully into line with EU law and relevant international treaties. Among other things, amendments to the Trademark Law bring greater clarity to certain requirements and procedures.

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4 Apr 2014

Trademark legislation to be amended

Montenegro has drafted amendments to its trademark law in order to bring it into line with the EU trademark legislation. Among other things, the new law permits the cancellation of trademarks that have become generic, as well as of trademarks that are likely to cause confusion with existing marks. It is expected that the amendments will be adopted in the near future.

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28 Jan 2011

New Trademark Law brings significant changes

The new Trademark Law of Montenegro has come into force. Under the law, the owners of trademarks registered in Serbia before May 28 2008 must 'revalidate' them in Montenegro before December 16 2011. Among other things, <i>ex officio</i> examination on relative grounds has been abolished and opposition proceedings have been introduced.

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Online

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14 Sep 2010

'Unpersuasive' arguments for registration of '.me' domain name rejected

In <i>Facebook Inc v Abbas</i>, a WIPO panel has ordered that the domain name 'facebook.me', which was registered in 2008 during the auction period for '.me' domain names, be transferred to Facebook Inc. Among other things, the panel rejected the respondent's argument that he collected domain names as a hobby.

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17 Nov 2009

Deadline for transition from '.cg.yu' to '.me' extended

The period of transition from the 'cg.yu' extension to the new ccTLD '.me' has been extended from September 30 2009 to March 30 2010 based on a decision by ICANN. In addition, the registry responsible for the '.me' ccTLD has informed all 'cg.yu' domain name owners that Google has agreed to fast index the new '.me' domain names.

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29 May 2009

doMEn auctions off dozens of '.me' domain names

doMEn, the operator of Montenegro's country-code top-level domain, '.me', has auctioned off dozens of '.me' domain names to the highest bidder. '.me' domain names have proved popular in English-speaking countries, and domain names such as 'chatwith.me' have changed hands for prices in the region of €10,000.

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6 Nov 2008

Montenegro adopts UDRP for ‘.me’ disputes

Montenegro has adopted the Uniform Domain Name Dispute Resolution Policy for disputes involving ‘.me’ domain names. The ‘.me’ country-code top-level domain, which replaced the Yugoslavian ‘.yu’ ccTLD, has proved very popular with English-speaking countries.

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Portfolio Management

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4 Jul 2012

Visa successfully registers slogan for financial services

Visa International Service Association, the US multinational financial services corporation, has obtained the registration of MORE PEOPLE AROUND THE WORLD GO WITH VISA for services in Class 36. The Montenegrin Intellectual Property Office had initially found that the mark’s “general appearance did not enable the goods/services to be distinguished in the course of trade”.

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10 Jan 2012

Opposition against national trademark applications now possible

A year after the opposition procedure was introduced in Montenegro, the first round of pending trademark applications has been published for opposition in the December issue of the <i>Official Bulletin</i> of the Montenegro IP Office. Although it was possible to oppose international trademark applications, this was not previously the case for national trademark applications.

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1 Jul 2010

Trademark owners given 12-month deadline under new trademark law

The Montenegrin parliament is expected to adopt a new trademark law in early July. Under Article 65 of the new law, trademark owners must request that their rights be entered into the Montenegrin Trademarks Register within 12 months of the law coming into force.

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7 May 2010

Three new IP laws to enter into force

The government of Montenegro is currently reviewing three new draft IP laws, including the Draft Law on Trademarks. Under the new law, a trademark application will be examined on absolute grounds only. The new law is expected to enter into force within the next six months.

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Trademark law

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5 May 2011

Law on agricultural products and foodstuffs enters into force

The Law on Designations of Origin, Geographical Indications and Traditional Specialties Guaranteed for Agricultural Products and Foodstuffs has come into force. The law provides that the owner of a designation of origin or geographical indication registered under the provisions of the Law on Geographical Indications must file a request for registration under the new law within 18 months of its coming into force.

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10 Mar 2011

New design law introduces important novelties

Further to the adoption of the Law on the Protection of Industrial Designs, which came into force on January 8 2011, the Montenegrin Intellectual Property Office has announced important changes introduced by the new law. Among other things, the procedure for the registration of industrial designs has been simplified to achieve compliance with the relevant EU regulations.

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7 Feb 2011

New design law gives 12-month deadline to owners

The Montenegrin Parliament has adopted the new Law on the Protection of Industrial Design, which came into force on January 8 2011. The law prescribes the re-registration of designs registered before the Serbian IPO prior to May 28 2008, the date on which the Montenegrin IPO started operations. The final deadline to request the re-registration of a design is January 8 2012.

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19 Mar 2010

First edition of Official Gazette published

The Montenegro IP Office has issued the first edition of the <i>Official Gazette</i>, which featured 100 registered trademarks and 50 patents. Two more editions are expected to be published this year. There are currently around 2,800 trademark applications pending before the office, while 20,000 Serbian trademarks have been automatically recognized.

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António Corte-Real
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Lisbon, Portugal
Simões, Garcia, Corte-Real & Associados
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