New Design Law in Montenegro Introduces Important Novelties

Further to our news article on the recently adopted Law on the Protection of Industrial Design in Montenegro, in force as of January 8, 2011, the Montenegrin IPO has announced important novelties introduced by the new law.

The industrial design registration procedure has been simplified to achieve compliance with the relevant EU regulations. Only the formal requirements are being examined, while the novelty and individual character are no longer examined by the IPO. The previous practice of substantive examination has been abolished, which simplifies the procedure of recognition and registration of a design.

The law now enables the applicant or the third party that failed to perform a required action within the prescribed timeframe to apply for the continuation of the proceedings and thereby remove all legal consequences of a missed action during the proceedings.

International registration is done in accordance with the Hague Agreement. The novelty is that the application for an international registration of a design is filed directly before the World Intellectual Property Organization (WIPO). The fees for international registration of design are also paid directly to WIPO.

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

Source: Montenegrin IPO