Aracon News


Alert! Deadline for re-validation of Serbian Trademarks in Montenegro is approaching - The new Montenegrin Trademark Law, that entered into force on 16 December 2010 obliges owners of trademarks registered before the Serbian Intellectual Property Office prior to 28 May 2008 (opening date of the Montenegrin Intellectual Property Office) to file a request for entrance of their rights into the Montenegrin Trademark Registry, within 12 months from the enforcement of the Trademark Law i.e. 16 December 2011. If owners of such trademarks fail to comply with in accordance with the above mentioned, their trademarks will not be valid in Montenegro.

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Simplified Customs Procedure in Montenegro as of 1 January 2012 - The new Regulation on Customs Treatment of Goods Suspected to Infringe Intellectual Property Rights ("Official Gazette of Montenegro 33/2011) came into force on 16 July 2011, and shall take effect as of 1 January 2012.

The new regulation empowers IP right holders to destroy the seized goods without initiating court proceedings. In order to initiate destruction of infringed goods, the written consent of the owner of such infringing goods is enough. However, even without obtaining the written consent, and in case the owner of goods does not object within 10 days from the receipt of customs notification, the goods shall be destroyed. The destruction is performed at the expense of the IP right holder.

Furthermore, in accordance with the new Regulation the customs application must also contain a statement from the applicant i.e. the IP right holder, that he accepts responsibility for damages which may arise from his actions or omissions or if in case is subsequently determined that the goods in question do not infringe IP rights. This statement also obligates the IP right holder to bear all expenses for the storage and maintenance, as well as expenses for destruction of the seized goods.

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