The acquis communautaire in the field of Intellectual Property Law covers the issue of copyright and related rights, industrial property rights and provisions for their implementation.
Copyright and related rights protect works in the fields of literature, science and arts, while industrial property means rights to a patent, trademark, industrial design, designations of geographical origin and geographical indications and topographies of semiconductors.
Intellectual property rights are set out in Article 27 of the Universal Declaration of Human Rights, which emphasizes the right to protect creativity. The greatest civilizations are the first international treaties in the field of intellectual property, the Paris
Convention for the Protection of Industrial Property 1883 and the Berne Convention for the Protection of Literary and Artistic Works 1886. The Principality of Montenegro was a member of the Berne and Paris Convention as the oldest international sources of law since 1 July 1893. The Constitution of Montenegro in Articles 76 and 77 guarantees the protection of intellectual creativity.
When was the chapter open?
The chapter on Intellectual Property Rights was officially opened on March 31, 2014.
1. Montenegro completes all necessary legislative amendments to ensure Community exhaustion of rights in all areas from the date of accession.
2. Montenegro adopts amendments to the Law on Copyright and Related Rights to complete alignment with the acquis.
3. Montenegro adopts the new Law on Patents to complete alignment with the acquis, particularly on supplementary protection certificates.
4. Montenegro ensures a sufficient administrative capacity to register and enforce intellectual property rights and provides a track record of investigation, prosecutions, and judicial treatment of violations.
What are the activities in the coming period?
According to the European Commission Report for 2019, Montenegro has a good level of preparedness in the field of intellectual property rights. Good progress has been made in integrating IT instruments for industrial property rights, as well as in the coordination of the bodies involved, joint operations and reporting.
Montenegro will in the forthcoming period in line with the recommendations received, continue to work on preparing and adopting the new National Intellectual Property Strategy, aligning with the acquis communautaire in terms of the collective exercise of copyright and related rights and measures to improve the balance of investigations, prosecution and judicial epilogue.
In the forthcoming period, the challenges for Montenegro are mostly related to intensifying the awareness raising of intellectual property among citizens and public administration reform so that in the future it is adequately prepared for all challenges in this area, which is at the same time very important for the European perspective of Montenegro.
Institutions / organizations participating in the negotiation group?
The members of the Working Group for this chapter are representatives of the Ministry of Economy, Ministry of Agriculture and Rural Development, Ministry of Science, Office for European Integration, Police Directorate, Customs Administration, Market Inspectorate, Agency for Medicines and Medical Devices, Commercial Court, Prosecutor’s Office of Montenegro, of the Parliamentary Committee for Education, Science, Culture and Sports, Chambers of Commerce of Montenegro, Bar Association of Montenegro, NGO Forum of Prosperity and NGO of the Organization for the Protection of the Rights of Music Authors of Montenegro.
What is the benefit to Montenegro of this chapter?
The benefit of an adequately regulated area of intellectual property in Montenegro is that all interested parties will be able to create their works without fear of being harmed in any way. This is very important, not only for citizens of Montenegro, but also citizens from other countries of the world. Adequate protection of intellectual property is a key prerequisite for any economic and other development of a country and a statement of Montenegro’s commitment to EU accession.