1. Government of Montenegro Intellectual Property Office
Regional Conference on the Development of National IP Strategies
Sibiu, Romania, June 21 and 22, 2012
Mujević Emina

2. Government of Montenegro Intellectual Property Office
Candidate for the EU Accession
Expected date for the opening of negotiations is the end of June 2012
Government has recognized the IP rights as one of the priorities in the Accession Process

3. Government of Montenegro Intellectual Property Office
IPOM HISTORY AND LEGISLATION
Proclamation of indenpendence of Montenegro
28 May 2008
the date when IPOM started officially
- Official Gazette of Montenegro, No. 30/2008
Independent body within Montenegrin public
administration, dealing with registration of
industrial property rights and
depositing copyright and related rights
IPOM work is supervised by the Ministry
of Economy of Montenegro
3. JUN
2006.

4. Government of Montenegro Intellectual Property Office
IPOM HISTORY AND LEGISLATION
Improving Montenegrin IPR legislation:
Harmonisation
Inclusion into the international legislative framework:
Montenegro is a signatory to 19 treaties
Montenegro is a member of 13 WIPO bodies
Regular and intensive cooperation with WIPO and EPO through:
WIPO support
EU-funded project (IPA 2009)

5. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
National Intellectual Property Strategy
for the period from 2012 to 2015
Cooperation with WIPO experts.
Objective: to raise awareness of intellectual property among IPR actors competent for enforcement of IPR policy, and among potential users as well.
goals
acitvities

6. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Sections of the Strategy document:
Introduction
Influence of the IP onto the development
of economy and society
Strategic objectives
Existing status
Goals, priorities and expected results
Challenges and opportunities
Enforcement

7. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Introduction
BASIC DATA ON THE IMPORTANCE OF THE ADOPTION OF THE IP STRATEGY
PRIORITIES IN THE PROCESS OF ACCESSION TO THE EU
ADVANTAGES OF WTO MEMBERSHIP

8. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Influence of the IP onto the development of economy and society
THE IMPORTANCE OF IP FOR ECONOMY AND SOCIETY
CONSEQUENCES OF BREACH OF IP RIGHTS
MAIN COMPONENTS OF INTELLECTUAL PROPERTY
Formal intellectual property rights
The holders of the IPRs
are formally provided to
possess their property and
control its use
Non-formal connections:
Trade connections
Information about customer
Skills
Competition factors
Trademark
Patent
Design
GIO
Copyright and
related rights

9. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Strategic objectives
COMPREHENSIVE DOCUMENT WITH CLEAR AND SPECIFIC ACTIVITIES
MAIN GOALS:
ADVANCED ENFORCEMENT OF IP RIGHTS
INCREASING ECONOMIC GROWTH THROUGH EFFECTIVE USE OF INTELLECTUAL PROPERTY
IMPROVED METHODS OF ACQUIRING AND MANAGING IP
BETTER BUSINESS AND PUBLIC UNDERSTANDING OF THE USE AND VALUE OF IP, AND WHY IP ENFORCEMENT IS IMPORTANT
IMPROVING GOVERNMENT COMPETENCE AND MODERNISING SYSTEMS, SUCH AS WITHIN THE IP OFFICE, TO DELIVER THESE OBJECTIVES AND ADVISE GOVERNMENT ON IP ISSUES

10. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Existing status
FACTORS AFFECTING THE EXISTING STATUS:
NATIONAL IP LAWS HARMONISED WITH THE EU LEGISLATION AND RATIFIED INTERNATIONAL TREATIES
INSTITUTIONAL CAPABILITY
USE AND PROTECTION OF IP RIGHTS IN MONTENEGRO

11. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Existing status
NATIONAL REGULATION IN FORCE:
- Law on Copyright and Related Rights ("Official Gazette" no. 37/11)
- The Trademark Law ("Official Gazette" no. 72/10)
- Patent Law ("Official Gazette" no. 66/08 and 40/10)
- Law on Legal Protection of Industrial Designs ("Official Gazette" no. 80/10)
- Law on Appellations of Origin ("Official Gazette" no. 48/2008)
- Law on protection of topographies of semiconductor ("Official Gazette" no. 75/10)
- Law on the implementation of regulations governing the protection of intellectual property rights ("Official Gazette of RM" no. 45/05 and "Official Gazette" no. 37/11)
- Law on Optical Disks ("Official Gazette" no. 27/07 and 53/11)
- Law on designations of origin, geographical indications and traditional specialties guaranteed designations of agricultural and food products ("Official Gazette" no. 18/11)
- Law on Plant Variety Protection ("Official Gazette" no. 48/07 and 48/08),
- Regulation on Customs with the goods for which there is reasonable suspicion that it infringes the intellectual property rights ("Official Gazette" no. 33/11).

12. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Existing status
INTERNATIONAL REGULATION IN FORCE:
- Convention Establishing the World Intellectual Property Organization
- Paris Convention for the Protection of Industrial Property
- Berne Convention for the Protection of Literary and Artistic Works
- Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
- Madrid Agreement Concerning the International Registration of Marks
- Protocol to the Madrid Agreement Concerning the International Registration of Marks
- Hague Agreement Concerning the International Deposit of Industrial Designs
- Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks
- Locarno Agreement Establishing an International Classification for Industrial Designs
- Lisbon Treaty on the Protection of Appellations of Origin and their International Registration
- Nairobi Treaty on the Protection of Olympic symbols
- Agreement žigovnom right
- WIPO Copyright Treaty
- WIPO Performances and Phonograms Treaty
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
- PCT Agreement
- Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs
- Strasbourg Agreement Concerning the International Patent Classification
- Patent Law Treaty
- Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

13. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Existing status
THE MAIN INSTITUTIONS RESPONSIBLE FOR IP RELATED MATTERS:
Ministry of Economy
IPOM
Custom Directorate
Market Inspection
Courts
The Police
Ministry of Education and Sports
Ministry of Science
Ministry of Culture
Chamber of Commerce
Collective Management od Copyright and Related Rights Societies
TO INCREASE THE
LEVEL
OF IP PROTECTION

14. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Existing status
USE AND PROTECTION OF IP RIGHTS
ESSENTIAL:
COOPERATION AMONG COMPETENT INSTITUTIONS
(National IP Strategy includes the results achieved by the competent institutions)

15. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Goals:
ADVANCED ENFORCEMENT OF IP RIGHTS
INCREASING ECONOMIC GROWTH THROUGH EFFECTIVE USE OF INTELLECTUAL PROPERTY
IMPROVED METHODS OF ACQUIRING AND MANAGING IP
BETTER BUSINESS AND PUBLIC UNDERSTANDING OF THE USE AND VALUE OF IP, AND WHY IP ENFORCEMENT IS IMPORTANT
IMPROVING GOVERNMENT COMPETENCE AND MODERNISING SYSTEMS, SUCH AS WITHIN THE IP OFFICE, TO DELIVER THESE OBJECTIVES AND ADVISE GOVERNMENT ON IP ISSUES

16. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Priorities:
TO IMPROVE THE ENFORCEMENT OF IP AND TACKLE COUNTERFEITING AND PIRACY ACTIVITIES
TO IMPROVE THE PROCESS OF ACQUIRING IP RIGHTS AND IN MANAGING THEM TO ENSURE BUSINESS CAN INCREASE MARKETS AND PROFITABILITY
TO IMPROVE THAT THE PUBLICITY FUNDED RESEARCH CAN BE COMMERCIALISED EFFECTIVELY
TO INCREASE THE UNDERSTANDING OF IP AS A TOOL FOR WEALTH CREATION
TO INCREASE THE ECONOMIC GROWTH

17. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Objectives:
CONSOLIDATION OF THE IP FRAMEWORK
IMPROVING INSTITUTIONAL CAPABILITY
MORE EFFECTIVE USE OF IP BY BUSINESS
PROMOTION OF INNOVATION
PROMOTING IP CULTURE IN SOCIETY

18. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Challanges
The current IT infrastructure within the IP Office s not fully capable of supporting the objectives of the strategy
Business community has little knowledge of how to use IP to improved profitability and growth
The enforcement infrastructure is currently unable to curtail counterfeiting and piracy activities effectively
Opportunities
The legislation on and related issues IP has recently been updated, but needs some amendment to fit the full requirements of Montenegrin legal form and requirements
The experience gained in relation to the EU programme means that there is a core of specialists familiar with the issues addressed by the strategy

19. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Process and Structure
Working Group of various Government representatives
Ministry of Economy
IPOM
Custom Directorate
Market Inspection
Commercial Court
Ministry of Education and Sports
Ministry of Science
Ministry of Agriculture
Ministry of Culture
The Police
IPOM TO COORDINATE AND MANAGE THE WORKING GROUP

20. Government of Montenegro Intellectual Property Office
NATIONAL IP STRATEGY
Process and Structure
ACTION PLAN
Consolidation of IP and Enforcement Framework
Improving Institutional Capabilities
Increasing Business use of IP
Promotion of Innovation
Supporting Growth of Copyright-based industries
Promoting wider understanding of impact of IP

21. Government of Montenegro Intellectual Property Office
THANK YOU!