- I. SUBJECT-MATTER AND CONDITIONS FOR PROTECTION
- II. GENERAL PROVISIONS ON THE PROTECTION PROCEDURE
- III. PROCEEDINGS UPON THE APPLICATION TO REGISTER AN INDICATION OF THE GEOGFAPHICAL ORIGIN
- Initiation of the Proceedings for the Registration of the Appellation of Origin or the Geographical Indication
- Essential Elements of the Application
- Description of the Geographical Area
- Information on Specific Characteristics of the Product
- Filing Date of the Application
- Sequence of Examination of the Applications
- Examination of the Completeness of an Application
- Decision to Deny the Registration
- Conversion of the Application for the Registration of an Appellation of Origin into the Application for the Geographical Indication and Vice Versa
- Decision to Register and Entry into the Appropriate Register
- Period of Validity of an Appellation of Origin and a Geographical Indication
- IV. PROCEEDINGS UPON THE APPLICATION FOR THE RECOGNITION OF THE STATUS OF THE AUTHORIZED USER OF THE INDICATION OF THE GEOGRAPHICAL ORIGIN
- Initiation of the Proceedings for the Recognition of the Status of the Authorized User
- Essential Elements of the Application
- Request for Recognition of a Status of an Authorized User
- Proof of the Specific Activity Performed Within the Specific Region
- The Proof of Quality Control of the Product Performed
- Filing Date of the Application
- Sequence of Examination of Applications
- Examination of Completeness of the Application
- Examination of the Requirements for the Recognition of a Status of an Authorized User
- Decision to Deny the Status of an Authorized User
- Decision on Payment of the Fee for the Recognition of a Status of an Authorized User
- Decision to Recognize a Status of an Authorized User and Entry Into the Appropriate Register
- Issuance of the Certificate and Publication of the Information of the Status of the Authorized User
- Validity of the Status of the Authorized User
- V. CONTENT AND THE SCOPE OF THE RIGHT OF THE USER OF THE INDICATION OF THE GEOGRAPHICAL ORIGIN
- VI. CANCELLATION OF THE DECISION ON REGISTRATION
- VII. TERMINATION OF THE INDICATION OF GEOGRAPHICAL ORIGIN
- VIII. TERMINATION AND REVOCATION OF THE STATUS OF AN AUTHORIZED USER
- IX. CIVIL LAW PROTECTION
- X. PROVISIONAL MEASURES
- XI. PENAL PROVISIONS
- XII. TRANSITIONAL AND FINAL PROVISIONS
LAW ON INDICATIONS OF GEOGRAPHICAL ORIGIN
Subject Matter of the Law
Article 1
This Law shall regulate the acquisition and legal protection of indications of geographical origin. Indications of geographical origin shall be appellation of origin and geographical indication.
Use of Indications of Geographical Origin
Article 2
Indications of geographical origin shall be used to mark natural, agricultural and industrial products, products of traditional handicrafts and services. This Law shall not apply to products and services where acquisition, legal protection and the exercise of rights in respect of the use of the indication of geographical origin regulated by the specific regulation.
Appellation of Origin
Article 3
An appellation of origin shall be the geographical name of a country, region or a locality, used to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors, and which is produced, processed or prepared within a specific limited geographical area. Exceptionally, a product may be designated by an appellation of origin where the raw materials for the production thereof originates from a geographical area that is wider or different than the geographical area of production, provided that: The area of production of raw material is limited; There are specific conditions for the production of raw materials; There is a system of control in place, which shall ensure fulfillment specific conditions for the production of raw materials. Raw materials referred to in paragraph 2 of this Article shall be only live animals, meat and milk.
Published in the "Official Gazette of Montenegro", No. 48/08 on 11 August 2008 )
1 Please note that the administrative dispute procedure is actually the court review of the administrative decision.
2 The law that regulates contracts and torts.
Geographical Indication
Article 4
Geographical indication shall be the indication that identifies certain goods as goods originating from the territory of specific country, region or a locality within such territory, where specific quality, reputation or other characteristics of the goods can be essentially attributed to their geographical origin.
Traditional and Historic Names
Article 5
Where the requirements referred to in Articles 3 and 4 of this Law have been met, a name that is not the official geographical name of a country, a region or a locality that has become well-known through a long-term use in trade as the traditional name of the product that originates from such region or a historical name of such region shall also be an indication of geographical origin.
Homonymic Names
Article 6
Where the names of two or more places of origin of the product are identical or nearly identical in written or pronounced form (homonymic names), protection of such geographical names shall be granted to all interested persons that meet requirements provided for in this Law, based on the principles of just and equal treatment of producers in the market and truthful information of consumers, except where this could give the wrong impression to the public about the exact geographical origin of the product.
Names That Cannot be Protected
Article 7
The following names shall not be protected by the indication of geographical origin:
Names contrary to public order or morals; Names whose appearance or content may mislead consumers with respect to nature, origin, quality, manner of production or other characteristics of the product; A name that is the exact name of the country, region or a locality of origin of the product, which causes wrong impression among consumers that the product originates from another country, region or a locality; A name which, due to long-term use, became generic, i.e. usual name for a specific product; A name that is not protected or ceased to be protected or ceased to be used in the county of origin; Geographical indication origin for vine products that is identical to the name of the variety of grape that existed in the territory Montenegro before January 1, 1995.
Protection of Indications of Geographical Origin
Article 8
Legal protection of indications of geographical origin shall be exercised in the administrative procedure before the Intellectual Property Office of Montenegro (hereinafter referred to as: the responsible authority). Decisions in the procedure referred to in paragraph 1 of this Article shall be final and against such decisions administrative dispute procedure may be initiated. 1
Fees and Costs of the Proceedings
Article 9
Any fees and costs incurred in the administrative procedure before the responsible authority shall be collected in accordance with specific legislation that regulates administrative fees, costs of the proceedings and costs of providing information services. The schedule of procedural fees and the fees for providing informational services shall be determined by the Government of Montenegro (hereinafter referred as: the Government).
Registers
Article 10
The responsible authority shall keep the Register of Applications for Appellation of Origin, the Register of Applications for Registration of Geographical Indications, the Register of Applications for Recognition as Authorized Users of Appellation of Origin, the Register of Applications for Recognition as Authorized Users of Geographical Indications, the Register of Appellations of Origin, the Register of Geographical Indications, the Register of Authorized Users of Appellations of Origin, the Register of Authorized Users of Geographical Indications. The Registers referred to in the paragraph 1 of this Article shall have the status of public records and any interested person shall have the right to examine them in the presence of an official. The files of registered geographical indications, except those protected by confidentiality, may be examined only in the presence of an official. Upon the written request of an interested person and upon payment of the prescribed fee, the responsible authority shall issue copies of the documents and the corresponding attestations and certificates pertaining to facts entered in the official registers. A content of the Registers referred to in paragraph 1 of this Article shall be regulated by a specific regulation.
Availability of Documents
Article 11
The responsible authority must make available its documents related to indications of geographical origin to any interested person.
International Registration of the Indication of Geographical Origin
Article 12
Authorized user of the indication of geographical origin or the applicant for the authorized user of the indication of geographical origin, as the case may be, may file an application for international registration in accordance with an international agreement binding on Montenegro. An application for international registration referred to in paragraph 1 of this Article shall be filed to the responsible authority accompanied with a payment of prescribed fees. Content of the application for international registration of the indication of geographical origin shall and the manner of the administration of the procedure by the responsible authority shall be regulated by a specific regulation.
Representation
Article 13
In the proceedings before responsible authority, any foreign natural or legal person must be represented by an agent listed in the Register of Agents kept by the responsible authority or by a local attorney at law. Any natural or legal person that meets requirements established by the law that regulates patents shall be inserted in the Register of Agents.
Initiation of the Proceedings for the Registration of the Appellation of Origin or the Geographical Indication
Article 14
The proceedings for the registration of the appellation of origin and geographical indication shall be initiated by the appropriate application. The application for the registration of an appellation of origin or a geographical indication may be filed by the following persons: Associations of natural and legal persons, commercial associations, associations of consumers, state and local authorities interested in protection of an appellation of origin or a geographical indication, within their activities; Foreign natural or legal persons, or foreign associations if an appellation of origin or a geographical indication were recognized in the country of origin, when it stems from the international agreements; Domestic natural and legal persons who, within a specified geographical area, produce products that bear the name of such geographical area, provided the following requirements are met; That, at the time of filing of the application are the only producers or processors or service providers for whom the registration of an appellation of origin or a geographical indication is requested; That the geographical area has the characteristics that significantly differ from those of the adjacent area or that the characteristics of the product differ from those of the product originating from the adjacent areas. The application for registration of an appellation of origin or a geographical indication may be related to only one geographical indication or a name and to only one type of product. The prescribed fee shall be payable for the application for the registration of the appellation of origin or a geographical indication.
Essential Elements of the Application
Article 15
The following shall be the essential elements of the application:
A request for the registration of an appellation of origin or a geographical indication, as the case may be; A description of the geographical area; An information on specific characteristics of the product.
Request for the Registration of an Appellation of Origin Or a Geographical Indication
Article 16
A request for registration of an appellation of origin or a geographical indication shall include: Particulars of the applicant; Geographical name to be protected; Type of a product to which the geographical indication applies; The name of the region or a locality of origin of the product to be marked by a geographical name; A signature of the applicant; A proof that the prescribed fee has been paid. Where the applicant is a foreign natural or legal person or a foreign association, the application referred in paragraph 1 of this Article shall be accompanied by a public document verifying that the appellation of origin or a geographical indication has been recognized in the country of origin. An application for the registration of an appellation of origin, along with the elements referred to in paragraph 1 of this Article, shall also include an information on the organization authorized to control the quality of a product. An application for the registration of a geographical indication, along with the elements referred to in paragraph 1 of this Article, may include the appearance of the geographical indication if comprising of words and possible figurative elements or figurative elements only, suitable to identify geographical origin of certain goods.
Description of the Geographical Area
Article 17
Description of the geographical area shall comprise information on the geographical area where the product originates from and shall include specifics on administrative borders of such area, its geographical map and the information on human factors suitable to cause specific characteristics, quality and reputation of the concerned product.
Information on Specific Characteristics of the Product
Article 18
In case of an application for the registration of a geographic indication, an information on specific characteristics of the product shall comprise detailed description of the production method of the product, precise indication of specific characteristics or quality of the product, including information on the reputation acquired, on persons authorized to use the geographical indication and conditions for such a use as well as rights and obligations of the user of the geographical indication. In case of an application for the registration of an appellation of origin, an information on specific characteristics of the product shall be submitted in a form of a report on the manner of the production of the product and its specific characteristics and quality, which shall include inter alia: Particulars on the applicant for the registration of the appellation of origin and the person authorized to represent the applicant; Geographical name to be protected; An information on the usual manner and the method of production of the product concerned; An information on specific characteristics and the quality of the product; A proof that the quality control of the product has been performed by the authorized organization; Regulations on the method of marking the product; Regulations designating persons authorized to use the appellation of origin and the conditions for such a use; Regulations applicable to rights and obligations of a user of the appellation of origin; Any information under other regulations regulating the quality of a product. A document referred to in paragraph 2, item 5 of this Article must not be issued earlier than 3 months before the filing date of the application
Filing Date of the Application
Article 19
An application for the registration of an appellation of origin or a geographical indication shall be entered in the appropriate Register referred to in Article 10, paragraph 1 of this Law only if it contains essential elements referred to in Article 15 of this Law. I. SUBJECT-MATTER AND CONDITIONS FOR PROTECTION
II. GENERAL PROVISIONS ON THE PROTECTION PROCEDURE
III. PROCEEDINGS UPON THE APPLICATION TO REGISTER AN INDICATION OF THE GEOGFAPHICAL ORIGIN