The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights.
Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English).
The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues.
The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights.
The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage.
If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right.
Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right.
With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control.
Declaration should be made on special form found in Annex 2, making the integral part of the Regulation.
No fee is paid for lodging of the application for action for protection of intellectual property rights.
Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest.
Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid.
