Geographical indications

GEOGRAPHICAL INDICATIONS

Indications of geographical origin shall be appellation of origin and geographical indication. Indications of geographical origin shall be used to mark natural, agricultural and industrial products, products of traditional handicrafts and services.

An appellation of origin shall be the geographical name of a country, region or a locality, used to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors, and which is produced, processed or prepared within a specific limited geographical area.

Geographical indication shall be the indication that identifies certain goods as goods originating from the territory of specific country, region or a locality within such territory, where specific quality, reputation or other characteristics of the goods can be essentially attributed to their geographical origin.

Geographical indications, or appellations of origin, protect both producers and consumers, allowing producers to make their products recognizable on the market compared to similar products and thereby securing a better market position, better placement, and higher product prices. Geographical origin recommends the product to consumers compared to similar products in the same category, contributes to increased income for agricultural producers and retention of the population in rural areas, and increases the possibility of sales at higher prices that correspond to their specific properties and reputation on the market.

In accordance with Montenegro's regulations, the protection of geographical indications for food products, grape and wine products, and strong alcoholic beverages is under the jurisdiction of the Ministry of Agriculture, Forestry, and Water Management, while the procedure for protecting indications for other products and services falls under the jurisdiction of the Ministry of Economic Development.

Period of validity of the registered appellation of origin or a geographical indication shall not be limited.

PROCEEDINGS FOR THE REGISTRATION OF THE GEOGRAPHICAL INDICATION 

Geographical indications are protected in accordance with the Law on Geographical Indications ("Official Gazette of Montenegro", Nos. 48/08 and 40/11), while the Rulebook on the Procedure for Recognition of Geographical Indications and Recognition of the Status of Authorized Users of Geographical Indications ("Official Gazette of Montenegro", No. 27/09) regulates the content and manner of maintaining the Register of Applications for Appellations of Origin, the Register of Applications for Geographical Indications, the Register of Applications for Recognition of the Status of Authorized Users of Appellations of Origin, the Register of Applications for Recognition of the Status of Authorized Users of Geographical Indications, the Register of Appellations of Origin, the Register of Geographical Indications, the Register of Authorized Users of Appellations of Origin, and the Register of Authorized Users of Geographical Indications; the content of the application for international registration of a geographical indication and the procedure of the competent authority for that application; the content of the application for recognition or extension of the status of an authorized user of an appellation of origin or geographical indication; and the content of the certificate of the status of an authorized user of an appellation of origin or geographical indication.

The application for the registration of an appellation of origin or a geographical indication may be filed by the following persons:

1) Associations of natural and legal persons, commercial associations, associations of consumers, state and local authorities interested in protection of an appellation of origin or a geographical indication, within their activities;

2) Foreign natural or legal persons, or foreign associations if an appellation of origin or a geographical indication were recognized in the country of origin, when it stems from the international agreements;

3) Domestic natural and legal persons who, within a specified geographical area, produce products that bear the name of such geographical area, provided the following requirements are met;

- That, at the time of filing of the application are the only producers or processors or service providers for whom the registration of an appellation of origin or a geographical indication is requested;

 - That the geographical area has the characteristics that significantly differ from those of the adjacent area or that the characteristics of the product differ from those of the product originating from the adjacent areas

The proceedings for the registration of the appellation of origin and geographical indication shall be initiated by the appropriate application that includes:

1) A request for the registration of an appellation of origin or a geographical indication (Obrazac G-l) (klik to open);

2) A description of the geographical area;

3) An information on specific characteristics of the product.

PROCEEDINGS FOR THE RECOGNITION OF THE STATUS OF THE AUTHORIZED USER 

Only authorized users whose products or services meet the conditions prescribed by law and who are registered with the competent authority may use a protected geographical indication or appellation of origin.

The application for recognizing the status of an authorized user of an appellation of origin or a geographical indication may be submitted by natural or legal persons who, within the geographical area, produce products marked by the name of such geographical area, as well as associations of such natural or legal persons.

The procedure for recognizing the status of an authorized user of an appellation of origin or a geographical indication shall be initiated by filing the application for recognizing the status of an authorized user of an appellation of origin or a geographical indication that includes:

1) Request for recognition of a status of an authorized user of an appellation of origin or a geographical indication; (Form O-1)

2) Proof of particular activity performed within the particular geographical area.

A proof that the quality control of the product has been performed by the authorized organization named in the application for the registration of the appellation of origin shall also be essential element of the application for recognition of a status of an authorized user of an appellation of origin

Status of the authorized user of an appellation of origin or a geographical indication shall be valid for five years and can be renewed perpetually, for as long as the appropriate appellation of origin or a geographical indication is valid.

INTERNATIONAL REGISTRATION OF THE INDICATION OF GEOGRAPHICAL ORIGIN

An authorized user of a geographical indication, or the applicant for the recognition of the status of an authorized user of a geographical indication, may submit a request, through the Ministry of Economic Development, for international registration in accordance with the international agreement binding Montenegro.

The international registration of an appellation of origin or geographical indication is carried out according to the rules of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of October 31, 1958, amended in Stockholm on July 14, 1967, and with amendments on September 28, 1978.

The application for international registration, in English, is submitted on the form of the World Intellectual Property Organization (WIPO).

The administrative fee for the application to establish a geographical indication of origin is €32.00, for the application for the recognition of the status of an authorized user of a geographical indication €50.00, and for the request for international registration of a geographical indication €20.00. The account for paying administrative fees is: 832-3161910-97.