Tuesday, February 1, 2011

Re-register those Serbian designs -- in Montenegro

Class 99 has learned that, on 22 December 2010, the Montenegrin Parliament adopted a new Law on the Protection of Industrial Design, which came into force on 8 January 2011. The law prescribes re-registration of designs registered with the Serbian Intellectual Property Office (IPO) before 28 May 2008 -- the opening date of the Montenegrin IPO. The final deadline to request re-registration is 8 January 2012.

This rule does NOT apply to design rights owners who have already filed requests for design renewal, recordal of changes or the Certificate of Registration with the Montenegro IPO.

The designs must be renewed every five years, with a maximum of 25 years of protection. In accordance with the old law, the renewal fees are, after the first five years of protection, paid annually. The new law also provides the possibility to appeal decisions of the Montenegrin IPO before the competent [in one sense of the word, for sure; let's hope it's in two!] ministry. Cancellation of a registered design must be sought before the competent court, in contrast with proceedings before the IPO as prescribed by the previous law.

Source: PETOŠEVIĆ

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