Government of Montenegro Intellectual Property Office Regional Conference on the Development of National IP Strategies Sibiu, Romania, June 21 and 22,

Government of Montenegro Intellectual Property Office

Regional Conference on the Development of National IP Strategies

Sibiu, Romania, June 21 and 22, 2012

Mujević Emina


MONTENEGRO

Candidate for the EU Accession

Expected date for the opening of negotiations is the end of June 2012

Government has recognized the IP rights as one of the priorities in the Accession Process


IPOM HISTORY AND LEGISLATION

Proclamation of indenpendence of Montenegro

28 May 2008 the date when IPOM started officially - Official Gazette of Montenegro, No. 30/2008

Independent body within Montenegrin public administration, dealing with registration of industrial property rights and depositing copyright and related rights IPOM work is supervised by the Ministry of Economy of Montenegro

3. JUN 2006.


IPOM HISTORY AND LEGISLATION

Improving Montenegrin IPR legislation: Harmonisation Inclusion into the international legislative framework: Montenegro is a signatory to 19 treaties Montenegro is a member of 13 WIPO bodiesRegular and intensive cooperation with WIPO and EPO

through:

EU-funded project (IPA 2009) WIPO support


NATIONAL IP STRATEGY

National Intellectual Property Strategy for the period from 2012 to 2015

Cooperation with WIPO experts. Objective: to raise awareness of intellectual property among IPR

actors competent for enforcement of IPR policy, and among potential users as well.

goalsacitvities


NATIONAL IP STRATEGYSections of the Strategy document:

Introduction Influence of the IP onto the development of economy and society Strategic objectives Existing status Goals, priorities and expected results Challenges and opportunities Enforcement



Introduction

- BASIC DATA ON THE IMPORTANCE OF THE ADOPTION OF THE IP STRATEGY 2012-2015

- PRIORITIES IN THE PROCESS OF ACCESSION TO THE EU

- ADVANTAGES OF WTO MEMBERSHIP



Influence of the IP onto the development of economy and society

- THE IMPORTANCE OF IP FOR ECONOMY AND SOCIETY- CONSEQUENCES OF BREACH OF IP RIGHTS- MAIN COMPONENTS OF INTELLECTUAL PROPERTY

Formal intellectual property rights The holders of the IPRs are formally provided to possess their property and control its use

Non-formal connections: Trade connections Information about customer Skills Competition factors

Trademark Patent Design GIO Copyright and related rights


NATIONAL IP STRATEGY Strategic objectives

COMPREHENSIVE DOCUMENT WITH CLEAR AND SPECIFIC ACTIVITIES

MAIN GOALS:

1. ADVANCED ENFORCEMENT OF IP RIGHTS

2. INCREASING ECONOMIC GROWTH THROUGH EFFECTIVE USE OF INTELLECTUAL PROPERTY

3. IMPROVED METHODS OF ACQUIRING AND MANAGING IP

4. BETTER BUSINESS AND PUBLIC UNDERSTANDING OF THE USE AND VALUE OF IP, AND WHY IP ENFORCEMENT IS IMPORTANT

5. IMPROVING GOVERNMENT COMPETENCE AND MODERNISING SYSTEMS, SUCH AS WITHIN THE IP OFFICE, TO DELIVER THESE OBJECTIVES AND ADVISE GOVERNMENT ON IP ISSUES



Existing status

FACTORS AFFECTING THE EXISTING STATUS:

1. NATIONAL IP LAWS HARMONISED WITH THE EU LEGISLATION AND RATIFIED INTERNATIONAL TREATIES

2. INSTITUTIONAL CAPABILITY3. USE AND PROTECTION OF IP RIGHTS IN MONTENEGRO


NATIONAL IP STRATEGY Existing status

NATIONAL REGULATION IN FORCE: - Law on Copyright and Related Rights ("Official Gazette" no. 37/11)- The Trademark Law ("Official Gazette" no. 72/10)- Patent Law ("Official Gazette" no. 66/08 and 40/10)- Law on Legal Protection of Industrial Designs ("Official Gazette" no. 80/10)- Law on Appellations of Origin ("Official Gazette" no. 48/2008)- Law on protection of topographies of semiconductor ("Official Gazette" no. 75/10)- Law on the implementation of regulations governing the protection of intellectual property

rights ("Official Gazette of RM" no. 45/05 and "Official Gazette" no. 37/11)- Law on Optical Disks ("Official Gazette" no. 27/07 and 53/11)- Law on designations of origin, geographical indications and traditional specialties guaranteed

designations of agricultural and food products ("Official Gazette" no. 18/11)- Law on Plant Variety Protection ("Official Gazette" no. 48/07 and 48/08),- Regulation on Customs with the goods for which there is reasonable suspicion that it infringes

the intellectual property rights ("Official Gazette" no. 33/11).


NATIONAL IP STRATEGY Existing status

INTERNATIONAL REGULATION IN FORCE:

- Convention Establishing the World Intellectual Property Organization- Paris Convention for the Protection of Industrial Property- Berne Convention for the Protection of Literary and Artistic Works- Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods- Madrid Agreement Concerning the International Registration of Marks- Protocol to the Madrid Agreement Concerning the International Registration of Marks- Hague Agreement Concerning the International Deposit of Industrial Designs- Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks- Locarno Agreement Establishing an International Classification for Industrial Designs- Lisbon Treaty on the Protection of Appellations of Origin and their International Registration- Nairobi Treaty on the Protection of Olympic symbols- Agreement žigovnom right- WIPO Copyright Treaty- WIPO Performances and Phonograms Treaty- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure- PCT Agreement - Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs- Strasbourg Agreement Concerning the International Patent Classification- Patent Law Treaty- Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks



Existing status

THE MAIN INSTITUTIONS RESPONSIBLE FOR IP RELATED MATTERS:

- Ministry of Economy- IPOM- Custom Directorate- Market Inspection- Courts- The Police- Ministry of Education and Sports- Ministry of Science- Ministry of Culture- Chamber of Commerce- Collective Management od Copyright and Related Rights Societies

TO INCREASE THE LEVELOF IP PROTECTION



Existing status

USE AND PROTECTION OF IP RIGHTS

ESSENTIAL:

COOPERATION AMONG COMPETENT INSTITUTIONS

(National IP Strategy 2012-2015 includes the results achieved by the competent institutions)


NATIONAL IP STRATEGY Goals:

1. ADVANCED ENFORCEMENT OF IP RIGHTS2. INCREASING ECONOMIC GROWTH THROUGH EFFECTIVE USE OF

INTELLECTUAL PROPERTY 3. IMPROVED METHODS OF ACQUIRING AND MANAGING IP4. BETTER BUSINESS AND PUBLIC UNDERSTANDING OF THE USE AND VALUE

OF IP, AND WHY IP ENFORCEMENT IS IMPORTANT5. IMPROVING GOVERNMENT COMPETENCE AND MODERNISING SYSTEMS,

SUCH AS WITHIN THE IP OFFICE, TO DELIVER THESE OBJECTIVES AND ADVISE GOVERNMENT ON IP ISSUES


NATIONAL IP STRATEGY Priorities:

1. TO IMPROVE THE ENFORCEMENT OF IP AND TACKLE COUNTERFEITING AND PIRACY ACTIVITIES

2. TO IMPROVE THE PROCESS OF ACQUIRING IP RIGHTS AND IN MANAGING THEM TO ENSURE BUSINESS CAN INCREASE MARKETS AND PROFITABILITY

3. TO IMPROVE THAT THE PUBLICITY FUNDED RESEARCH CAN BE COMMERCIALISED EFFECTIVELY

4. TO INCREASE THE UNDERSTANDING OF IP AS A TOOL FOR WEALTH CREATION

5. TO INCREASE THE ECONOMIC GROWTH


NATIONAL IP STRATEGY Objectives:

1. CONSOLIDATION OF THE IP FRAMEWORK2. IMPROVING INSTITUTIONAL CAPABILITY3. MORE EFFECTIVE USE OF IP BY BUSINESS4. PROMOTION OF INNOVATION5. PROMOTING IP CULTURE IN SOCIETY


NATIONAL IP STRATEGY Challanges The current IT infrastructure within the IP Office s not fully capable of

supporting the objectives of the strategy Business community has little knowledge of how to use IP to improved

profitability and growth The enforcement infrastructure is currently unable to curtail counterfeiting

and piracy activities effectively

Opportunities The legislation on and related issues IP has recently been updated, but

needs some amendment to fit the full requirements of Montenegrin legal form and requirements

The experience gained in relation to the EU programme means that there is a core of specialists familiar with the issues addressed by the strategy


NATIONAL IP STRATEGY Process and Structure

Working Group of various Government representatives- Ministry of Economy- IPOM- Custom Directorate- Market Inspection- Commercial Court- Ministry of Education and Sports- Ministry of Science- Ministry of Agriculture - Ministry of Culture- The Police

IPOM TO COORDINATE AND MANAGE THE WORKING GROUP


NATIONAL IP STRATEGY Process and Structure

ACTION PLAN Consolidation of IP and Enforcement Framework Improving Institutional Capabilities Increasing Business use of IP Promotion of Innovation Supporting Growth of Copyright-based industries Promoting wider understanding of impact of IP


THANK YOU!

Documents

Government of Montenegro Intellectual Property Office Regional Conference on the Development of National IP Strategies Sibiu, Romania, June 21 and 22,