On October 12, 2007, the Government of Montenegro published the “Decision on validation of Intellectual Property Rights” valid at the IP Office of the former State Union of Serbia & Montenegro or valid at the IP Office of Serbia after the date of separation of Montenegro from the State Union (June 3,2006).

In general and as a principle rule, the said Decision provides that all intellectual property rights valid and properly recorded at the IP Office of Serbia & Montenegro until June 3, 2006, or, at the IP Office of Serbia after that date until May 28, 2008 are valid in Montenegro.

The validity of granted rights is provided until expiration of the corresponding right in Serbia, until the date when the next annuity or renewal fee is due. No special re-registration or revalidation procedure is required for granted rights and the Decision is introducing the term of “recordal of rights in Montenegro”.

It should be noted however, that transfer of files of granted rights from the Serbian IP Office and the entering of such rights into the Register of the IP Office of Montenegro, is NOT provided automatically.

Kindly note that all assignments, changes and other recordals that need to have a legal effect in Montenegro should be recorded at the IP Office of Montenegro. If such recordals should have an effect in Serbia then recordal in Serbia is needed too.

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