1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening: Chapter 29 PRESENTATION OF MONTENEGRO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT BY THE CUSTOMS ADMINISTRATION OF MONTENEGRO Brussels, June 2013

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union LEGAL FRAMEWORK Customs Law, Article 67 Paragraph 3 (Official Gazette of RoM, 07/02, 38/02, 72/02, 21/03, 29/05, 66/06, and Official Gazette of Montenegro, 21/08) Regulation on measures of customs authorities with the goods under suspicion of infringement of intellectual property rights (Official Gazette of Montenegro, 33/11) special laws which regulate the protection of intellectual property rights in Montenegro

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union Regulation on measures of customs authorities with the goods under suspicion of infringement of intellectual property rights (Official Gazette of Montenegro, 33/11) Council Regulation (EC) No. 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights Commission Regulation (EC) No. 1891/2004 and 1172/2007 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 Agreement on trade-related aspects of intellectual property rights of World Trade Organization (TRIPS)

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union Regulation on measures of customs authorities with the goods under suspicion of infringement of intellectual property (Article 1) the conditions for undertaking actions with goods under suspicion of infringing an intellectual property right, procedure for undertaking such actions, as well as measures for protection of intellectual property rights undertaken by the customs authority in cases when the goods are found to infringe the intellectual property rights

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union CUSTOMS MEASURES (Article 1 par.1 of the Regulation ) undertaking measures in all customs procedures and treatments regarding the goods: declared for release for free circulation, export or re-export, found during the control of goods entering or leaving the customs territory of Montenegro, placed under a suspensive customs procedure, or placed in free zone or free warehouse

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union Goods under suspicion of infringement of intellectual property (Article 2 of Regulation) trade mark, copyright and related right, design, patent, supplementary protection certificate, plant variety right, designations of origin or geographical indications, semi-conductors topography right, Right-holder Representative

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union EXCEPTION (Article 3 of the Regulation ) original goods - goods bearing a trade-mark with the consent of the right holder or to goods bearing a protected rights which have been manufactured with the consent of the right-holder but are placed in one of the customs procedure without the latter's consent, original goods which have been manufactured under conditions other than those agreed with the right-holder, traveller's personal baggage containing goods of a non-commercial nature Exceptions

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union SUSPENSION OF CUSTOMS PROCEDURE Upon application of right holders Ex officio

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union APPLICATION FOR ACTION (Articles 4 and Article 5 of the Regulation) ANNEX 1 of the Regulation application must be submit to CA to the address of headquarters proof that right is registered correct and detailed technical description of the goods, all information in possession of the right holder, name and the address of contact person, designated by the right- holder No fee is paid during the lodging of application for action (Article 5 Par.6)

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DECLARATION OF RIGHT HOLDERS (Article 6 of the Regulation ) special form in ANNEX 2 accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right all expenses related to the storing and keeping the goods

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union ACCEPTANCE OF APPLICATION FOR ACTION (Article 7 of the Regulation) CA (Department of intellectual property and administrative procedures) issues decision within 30 working days 3 working days for urgent situation immediately forwarding decision to the right holder and customs offices measures for the period of one year can be extended for one year

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union ko2 440 ko APPLICATIONS FOR ACTIONS (in progress)

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union PROCEDURE UPON APPLICATION FOR ACTION (Article 8 of the Regulation) suspension of customs procedure and temporary detention of goods notification of right holders and declarant or holders of goods immediately inspection of goods to the right holder under customs supervision collecting samples for the purpose of analysis responsibility and covers the expenses of analyses of samples of the right holder

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union EX OFFICIO PROCEDURE (Article 14 of the Regulation) suspension of customs procedure and temporary detention of the goods notification of declarant or holder of the goods notification in written form of the right holder on temporary detention of goods, possible infringement of intellectual property rights as well as possibility of submission application, within 3 working days If the right holder does not submit the application – the customs procedure shall be continued If the right holder submits the application - CA shall issue a decision Deadlines are counted from the next day of the receipt of application (10+10 working days)

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union Article 8 or 14 (depends on whether it is the case of suspension upon application or ex officio) Customs procedure Number of SAD Data of goods(type of goods and type trade mark Data of importer/ exporter Imorter has the right to submit an appeal signature of importer/declarant and possible remarks RECORD

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union System of risk analysis CentralElectronicLocal Customs officer

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union SUSPENSION OF CUSTOMS PROCEDURE pcs pcs2 440 pcs RELEASE OF THE GOODS TEMPORARY MEASURES COURT DECISION RELEASE OF THE GOODS TEMPORARY MEASURES COURT DECISION SIMPL.PROCEDURE CLAIM RELEASE OF THE GOODS SIMPL.PROCEDURE CLAIM IN PROGRESS 1963 pcs 1206 pcs 88 pcs 4536 pcs pcs 2255 pcs 2135 pcs 1097 pcs 552 pcs 18 pcs 20 pcs 1850 pcs

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DEADLINES AND NOTIFICATION (Articles 11 and Article 12 of the Regulation) 10 working days additional 10 working days 3 working days for perishable goods

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union SIMPLIFIED PROCEDURE (Article 9 of the Regluation) destruction of the goods under customs control agreement between the right holder and the declarant, the holder or the owner of the goods without court procedure 10 working days (3 working days) expenses and responsibility of the right holder

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DESTRUCTION OF GOODS (Article 18 of the Regulation) destruction or remove goods from regular trade flows conditions: 1. Risks of future infringement of intellectual property rights are reduced to the highest extent possible, 2. No harm is done to the right holder, 3. Right holder is allowed to suggest the procedure of removal of goods

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union SECURITY FOR PAYMENT (Article 13 of the Regulation) request of declarant, owner, importer, holder or consignee security for payment must be provided in the amount sufficient for protection of the right holder cover the expenses of storing and keeping of goods prior to the collection of goods

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union GOODS FOUND TO INFRINGE AN INTELLECTUAL PROPERTY RIGHTS (Article 15 of the Regulation) Shall not : enter into the customs territory of Montenegro, be released for free circulation, be removed from the customs territory of Montenegro, be exported from the customs territory of Montenegro, be re-exported from the customs territory of Montenegro, be placed under the suspensive procedure, or be placed in free zone or free warehouse

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union COURT DECISION (Articles 16 and 17 of the Regulation ) notify CA of court decision within 8 working days further procedure in accordance with the court decision

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union USE OF INFORMATION (Article 10 of the Regulation) using information about consignee, consignor, declarant or holder of the gods, as well as origin of goods, only for purposes of exercising the rights otherwise the customs authority shall revoke the decision

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union COLLECTING SAMPLES AND EXPENSES (Article 19 and 20 of the Regulation) prior to the destruction of goods for possible court procedure expenses of storage, keeping or destruction of the goods shall not give rise to costs for the customs

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union INFORMATIC TOOLS Database INES + WCO IPM web site Intranet portal of the Customs Administration

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union INFORMATION Web site Public notice Regulation with Annexes (in Montenegrin and English languages) NOTIFICATION ON CUSTOMS MEASURES FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (in Montenegrin and English languages)

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union COOPERATION AT NATIONAL AND INTERNATIONAL LEVEL COOPERATION WITH THE RIGHT HOLDERS TRAINING OF CUSTOMS OFFICERS RAISING PUBLIC AWARENESS

CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union THANK YOU FOR YOUR ATTENTION QUESTIONS AND ANSWERS Milanka Strunjaš Department of Intellectual Property Rights and Administrative Procedure phone: