QUICK LOOK ON RECENT CHANGES IN MONTENEGRO LAW DUE TO EU HARMONIZATION

New changes were brought to the laws on trademarks and industrial designs, in order to bring Montenegro’s IP legal framework in line with the European Union’s legislation and relevant treaties.
The amendments to the Trademark Law came into effect on 8-Jul-2016 and refer to the following aspects:
…In case of a provisional refusal of an international trademark registration, a local representative can be appointed within a four months term, which is now calculated from the date WIPO issued the notification, instead of the date the notification was received;
– Provisions related to the market watch requirements and market inspectorate activities are now included in the Trademark Law;
– The new amendments set the legal framework regarding the effects of an EU trademark in Montenegro, after this country accedes to the EU.
The changes brought to the Law on Industrial Designs have entered into force on 19-Jul-2016:
– The law now includes provisions regarding the legal effects of a Community Design in Montenegro (after the country accedes to the EU);
…The cancellation of a design on absolute or relative grounds can be filed anytime before the design expires, but also after the expiration date or the renunciation of a design right.