VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA MARKET INSPECTORATE IN THE AREA OF IPR PROTECTION INTER-REGIONAL SYMPOSIUM ORGANIZED BY The World Intellectual Property Organization (WIPO),in cooperation with Intellectual Property Office of the Republic of Serbia and United States Patent and Trademark Office (USPTO) Belgrade, September 6-7, 2011 Prepared by Marina Jankovic - Market inspector in Market inspectorat in Ministry of Economy

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Market inspection service is within the Ministry of economy and performs surveillance on the market of goods, services associated with goods turnover and handcrafts and other personal services that are not placed under supervision of other inspection bodies by special regulation. Podgorica, 8. December godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Market inspection service in Montenegro has 63 employees of which 57 inspectors in direct market surveillance. The service is organized on the territorial principle, in three regional units coordinated by heads, and led by chief market inspector. Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Market inspectorate has competency in the following fields: Market inspectorate has competency in the following fields: Internal trade Product safety Consumer protection / economic interests of consumers, early complaints etc / Protection of intelectual rights / copyright and similar rights, industrial rights Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Legislative framework in the area of intellectual & industrial property -Law on copyright and related rights (Official Journal of Montenegro, no. 37/11), -Law on copyright and related rights (Official Journal of Montenegro, no. 37/11), - Law on trademarks (OJ of Montenegro, no.72/10), - Law on trademarks (OJ of Montenegro, no.72/10), -Law on protection of topography semiconductors (OJ of Montenegro, no. 75/10), -Law on legal protection of industrial design (OJ of Montenegro, no.80/10) -Law on patents(OJ of Montenegro.no.66/08, no.40/10), -Law on geographical indications of origin(OJ of MNE no.48/08) -Law on optical disks(OJ of Republic of MNE no.2/07)

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Law on cinematography (OJ of Montenegro, no. 14/08, no.40/10), Law on application of the rules regulating the IPR protection (OJ of the Republic of MNE,no.45/05) Criminal Code (OJ of the Republic of Montenegro, no.70/03, OJ of Montenegro, no. 47/06, OJ of Montenegro, no. 40/08)

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Regulation on actions of the customs authority with the goods suspected to infringe the IP rights (OJ of the Republic of Montenegro, no. 25/05), Regulation on providing the application of the rights in the IP area (OJ of the Republic of Montenegro, no. 61/07, and OJ of Montenegro, no. 70/08) Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Authorities competent for application of the regulations in the IP area - Inspection authorities which supervise trade of goods and services being the subject matter of the IPR protection - Market Inspectorate, Inspection for medicines, Inspection for medical means, Construction Inspection and Tourism Inspection - Market Inspectorate, Inspection for medicines, Inspection for medical means, Construction Inspection and Tourism Inspection - Police Directorate which ex officio undertakes actions and measures aimed to detect criminal acts infringing the IP rights

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA - Independent regulatory authority competent for radio diffusion - Customs authority - Court / s - Intellectual Property Office

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA The role of Market Inspectorate in the IPR area Market Inspectorate makes supervision over: - production and trade of goods infringing the industrial property rights : trademark, design, patent, geographical indications of origin, topography of semiconductor - production and trade of goods infringing the industrial property rights : trademark, design, patent, geographical indications of origin, topography of semiconductor and and - goods for which copyright and related rights are applied.

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Inspection supervision and relevant actions and measures are undertaken on the basis of : - Law on application of rules regulating the IPR protection (OJ of the Republic of Montenegro, no. 45/05), whereas the issues not regulated by this Law are covered by the provisions of : whereas the issues not regulated by this Law are covered by the provisions of : Law on inspection supervision (OJ of the Republic of Montenegro, no. 39/03 and OJ of Montenegro, no.76/09) and Law on general administrative procedure (OJ of the Republic of Montenegro, no. 60/03).

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Market Inspectorate carries out inspection: - ex officio - ex officio - upon the request of the right holder - upon the request of the right holder Ex officio procedure is conducted : - under the Work Plan of the Market Inspectorate, - under the programes of work for a certain time period or a certain area - as per order of the Main market inspector - upon the matters reported by the citizens.

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Procedure upon the request of the IPR holder The request of the right holder is: - INDIVIDUAL, when it is related to a certain shipment or a certain quantity of goods - INDIVIDUAL, when it is related to a certain shipment or a certain quantity of goods - GENERAL, when related to entire quantities of a certain kind of goods in proposed time period.

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA - Article 9 of the Law on application of rules regulating the IPR protection prescribes that the request is to be submitted in writing, and also the content of the request is prescribed (description of goods, data based on which the inspector is able to detect the goods infringing the IP rights, proof documenting that the person who submits the request is the right holder in relation to the goods, proposal for the time period in which the competent authority is requested to undertake appropriate measures, as well as the other data providing for the shipment or package to be detected, etc).

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA - How the procedure (started ex officio or upon the request of the right holder) ends, depends on the right holder him / herself, or on the acts that he / she undertakes in accordance with the Law on application of the rules regulating the IPR protection. - Concretely, if the right holder does not provide the proof documenting that he / she has started the procedure at the competent court (complaining that the IP rights are infringed in production and trade of goods) within 15 days from the receipt of notificationn, the goods being temporarily seized has to be returned to the person from whom it has been seized

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA In 2010 and 2011 year, in the area of IP, market inspection has made totally 747 supervisions and found 83 irregularities. In 2010 and 2011 year, in the area of IP, market inspection has made totally 747 supervisions and found 83 irregularities. Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Optical disk -Supervisions: irregularities : 21 Measures undertaken by inspectors Measures undertaken by inspectors -Seized in 13 cases -Appeal to court- 4 -Fine on the spot- 5 -Criminal sankcion- 4 Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Softwears-supervisions-94 - irregularities-58 Measures undertaken by inspectors -indicated on irregularities -58 Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Industrial rights -supervisions irregularities - 4 Measures undertaken by inspectors -Baned the use of counterfeit trademark- in 4 cases (“Gorki list”-general request,”+IT”- individual,”Taxi taxi”-individual) -appeal to court - 4 Podgorica, 8. decembar godine

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA Education of inspectors and our further steps - In order to achieve successful work within our competencies (in application of the rules in the IPR protection), education of inspectors has been continuously provided.

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA - Specific support to Market Inspectorate is provided by Microsoft which is especially visible in the work of this Inspection in suppressing software piracy. - Training for Montenegrin Market Inspectorate and Customs Directorate was organized within the IPA Regional Programme for Industrial and Intellectual Property Rights for Western Balkans and Turkey. - Market Inspectorate is a beneficiary of INES+ application (Evidency of infringing of IP right and all requests of right holders) (Evidency of infringing of IP right and all requests of right holders)

VLADA CRNE GORE MINISTARSTVO EKONOMIJE TRŽIŠNA INSPEKCIJA THANK YOU FOR ATTENTION