Sub-areas?

The European Union acquis in the field of intellectual property rights covers issues related to copyright and related rights, industrial property rights, and provisions on their enforcement.

Copyright and related rights protect works in the fields of literature, science, and the arts, while industrial property includes rights to patents, trademarks, industrial designs, geographical indications and designations of origin, as well as semiconductor topographies.

Intellectual property rights are set out in Article 27 of the Universal Declaration of Human Rights, which emphasizes the right to the protection of creative work. Among the greatest civilizational achievements are the first international treaties in the field of intellectual property, namely the Paris Convention for the Protection of Industrial Property of 1883 and the Berne Convention for the Protection of Literary and Artistic Works of 1886. The Principality of Montenegro became a member of the Berne and Paris Conventions, as the oldest international sources of law, on 1 July 1893. The Constitution of Montenegro guarantees the protection of intellectual creativity in Articles 76 and 77.

When was the chapter closed?

The chapter on Intellectual Property Rights was officially opened on 31 March 2014 and provisionally closed at the Intergovernmental Conference on 16 December 2024 in Brussels.

Closing benchmarks?

1. Montenegro implements all necessary legislative amendments to ensure the application of the principle of Union-wide exhaustion of rights across the entire EU territory as of the date of accession.

2. Montenegro adopts amendments to the Law on Copyright and Related Rights in order to achieve full alignment with the EU acquis.

3. Montenegro adopts a new Law on Patents to complete alignment with the acquis, with particular emphasis on supplementary protection certificates.

4. Montenegro ensures sufficient administrative capacity for the registration and enforcement of intellectual property rights and provides a track record of investigations by the customs service, as well as effective enforcement through civil, and where necessary, criminal court proceedings against infringers.

Activities in the coming period?

According to the European Commission’s 2019 Report, Montenegro has a good level of preparedness in the field of intellectual property rights. Good progress has been achieved in integrating IT tools for industrial property rights, as well as in improving coordination among the bodies involved, joint operations, and reporting.

In the coming period, in line with the recommendations received, Montenegro will continue to work with particular attention on the preparation and adoption of a new National Intellectual Property Strategy, further alignment with the EU acquis in the area of collective management of copyright and related rights, and measures to improve the track record of results in investigations, criminal prosecution, and court outcomes.

Future challenges for Montenegro largely relate to intensifying public awareness of intellectual property among citizens and reforming public administration in a way that ensures it is adequately prepared to face all challenges in this field, which is at the same time highly significant for Montenegro’s European perspective.

Institutions/organizations participating in the negotiating working group

Members of the Working Group for this chapter include representatives of the Ministry of Economy, the Ministry of Agriculture and Rural Development, the Ministry of Science, the Office for European Integration, the Police Administration, the Customs Administration, the Inspection Administration, the Agency for Medicines and Medical Devices, the Commercial Court, the State Prosecutor’s Office of Montenegro, the Parliamentary Committee on Education, Science, Culture and Sport, the Chamber of Commerce of Montenegro, the Bar Association of Montenegro, the NGO Forum of Prosperity, and the NGO Organization for the Protection of Music Authors’ Rights of Montenegro.

What are the benefits of this chapter for Montenegro?

The benefit of a properly regulated intellectual property rights system in Montenegro lies in enabling all interested parties to create their works without fear of being harmed in any way. This is extremely important not only for citizens of Montenegro, but also for citizens from other countries around the world. Adequate protection of intellectual property is a key prerequisite for any economic and overall development of a country and an expression of Montenegro’s commitment to accession to the European Union.