Identifier
Created
Classification
Origin
07PODGORICA39
2007-02-20 14:34:00
UNCLASSIFIED
Embassy Podgorica
Cable title:
MONTENEGRO PROGRESSES ON PROTECTION OF INTELLECTUAL PROPERTY
how-toVZCZCXRO2079 RR RUEHPOD DE RUEHPOD #0039/01 0511434 ZNR UUUUU ZZH R 201434Z FEB 07 FM AMEMBASSY PODGORICA TO RUEHC/SECSTATE WASHDC 0075 RUCPDOC/DEPT OF COMMERCE WASHINGTON DC INFO RUEHBW/AMEMBASSY BELGRADE 0014 RUEHPOD/AMEMBASSY PODGORICA 0079
UNCLAS SECTION 01 OF 02 PODGORICA 000039
SIPDIS
SIPDIS
STATE FOR EUR/SCE, EB/IPE - BOGER;
COMMERCE FOR ITA/MAC/OIPR - PETERS
E.O. 12958: N/A
TAGS: ECON ETRD KIPR MW
SUBJECT: MONTENEGRO PROGRESSES ON PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS (IPR)
REF: Podgorica 27
UNCLAS SECTION 01 OF 02 PODGORICA 000039
SIPDIS
SIPDIS
STATE FOR EUR/SCE, EB/IPE - BOGER;
COMMERCE FOR ITA/MAC/OIPR - PETERS
E.O. 12958: N/A
TAGS: ECON ETRD KIPR MW
SUBJECT: MONTENEGRO PROGRESSES ON PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS (IPR)
REF: Podgorica 27
1. (U) SUMMARY: Montenegro made steady progress on protecting
intellectual property rights (IPR) in 2006. The government
official who has been in charge of IPR has been promoted to
deputy prime minister, from which position she can more
effectively require cooperation on protecting IPR. In 2007,
Montenegro is seeking to conclude a Stabilization and Accession
Agreement (SAA) with the EU, and join the WTO, both of which
require enhanced IPR protection. End summary.
Progress in 2006: Legislation
--------------
2. (U) After regaining independence on June 3, 2006, the GoM
declared that the intellectual property rights laws of the
former State Union of Serbia and Montenegro would continue in
force. On July 25, the Montenegro Penal Code was amended to
allow ex officio prosecution of IPR criminal offenses, and the
confiscation and destruction of infringing items. On December
26, 2006, the Parliament passed the Optical Disks Law, which
conforms to international standards.
Enforcement
--------------
3. (U) Active enforcement of Montenegro's IPR law began on
January 1, 2006. Enforcement was most evident in the sale of
music and video recordings and software, with a significant
decrease in the availability of pirated goods. The GoM Market
Inspectorate conducted 406 ex officio inspections, and nine upon
the request of rights holders. Irregularities were discovered in
198 ex officio inspections, and in all nine requested
inspections, leading to the confiscation of goods valued at
Euros 20,953. Additionally, fines were imposed in 30 cases, and
65 criminal cases were initiated.
Government Software
--------------
4. (U) The GoM has signed a partnership agreement with Microsoft
covering the use of software, and the Prime Minister and other
senior GoM officials meet frequently with senior Microsoft
officials.
WIPO
--------------
5. (U) On December 4, 2006 a Declaration of Continuity was
submitted to the World Intellectual Property Organization
(WIPO),confirming that all the international agreements
administered by WIPO that were binding on the former State Union
are recognized as binding on Montenegro.
Benefit Sharing
--------------
6. (U) The first collecting society of music composers - "PAM
CG" was established on March 10, 2006. Arrangements between "PAM
CG" and foreign collection societies are being made in order to
enable collecting of royalties for foreign authors in Montenegro
and for Montenegrin authors abroad. (Note: "PAM CG" is a direct
result of a USG-sponsored "Speakers' Program" on IPR issues in
Montenegro in 2006. End note.)
PODGORICA 00000039 002 OF 002
IPR Plans for 2007
--------------
7. (U) The GoM in December adopted its action plan to implement
its finalized (but not signed) Stabilization and Accession
Agreement (SAA) with the EU (Ref). The Plan and its annexes set
out in-depth steps needed to quickly raise the standard of IPR
protection in Montenegro, prior to the signing of an Interim
Agreement with the EU, which is expected in first half of 2007
(Ref). The Plan's annexes include a list of WIPO Conventions to
which Montenegro plans to accede. Additional emphasis will be
placed on Montenegro's protection of IPR during its discussions
to join the WTO.
FERRILL
SIPDIS
SIPDIS
STATE FOR EUR/SCE, EB/IPE - BOGER;
COMMERCE FOR ITA/MAC/OIPR - PETERS
E.O. 12958: N/A
TAGS: ECON ETRD KIPR MW
SUBJECT: MONTENEGRO PROGRESSES ON PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS (IPR)
REF: Podgorica 27
1. (U) SUMMARY: Montenegro made steady progress on protecting
intellectual property rights (IPR) in 2006. The government
official who has been in charge of IPR has been promoted to
deputy prime minister, from which position she can more
effectively require cooperation on protecting IPR. In 2007,
Montenegro is seeking to conclude a Stabilization and Accession
Agreement (SAA) with the EU, and join the WTO, both of which
require enhanced IPR protection. End summary.
Progress in 2006: Legislation
--------------
2. (U) After regaining independence on June 3, 2006, the GoM
declared that the intellectual property rights laws of the
former State Union of Serbia and Montenegro would continue in
force. On July 25, the Montenegro Penal Code was amended to
allow ex officio prosecution of IPR criminal offenses, and the
confiscation and destruction of infringing items. On December
26, 2006, the Parliament passed the Optical Disks Law, which
conforms to international standards.
Enforcement
--------------
3. (U) Active enforcement of Montenegro's IPR law began on
January 1, 2006. Enforcement was most evident in the sale of
music and video recordings and software, with a significant
decrease in the availability of pirated goods. The GoM Market
Inspectorate conducted 406 ex officio inspections, and nine upon
the request of rights holders. Irregularities were discovered in
198 ex officio inspections, and in all nine requested
inspections, leading to the confiscation of goods valued at
Euros 20,953. Additionally, fines were imposed in 30 cases, and
65 criminal cases were initiated.
Government Software
--------------
4. (U) The GoM has signed a partnership agreement with Microsoft
covering the use of software, and the Prime Minister and other
senior GoM officials meet frequently with senior Microsoft
officials.
WIPO
--------------
5. (U) On December 4, 2006 a Declaration of Continuity was
submitted to the World Intellectual Property Organization
(WIPO),confirming that all the international agreements
administered by WIPO that were binding on the former State Union
are recognized as binding on Montenegro.
Benefit Sharing
--------------
6. (U) The first collecting society of music composers - "PAM
CG" was established on March 10, 2006. Arrangements between "PAM
CG" and foreign collection societies are being made in order to
enable collecting of royalties for foreign authors in Montenegro
and for Montenegrin authors abroad. (Note: "PAM CG" is a direct
result of a USG-sponsored "Speakers' Program" on IPR issues in
Montenegro in 2006. End note.)
PODGORICA 00000039 002 OF 002
IPR Plans for 2007
--------------
7. (U) The GoM in December adopted its action plan to implement
its finalized (but not signed) Stabilization and Accession
Agreement (SAA) with the EU (Ref). The Plan and its annexes set
out in-depth steps needed to quickly raise the standard of IPR
protection in Montenegro, prior to the signing of an Interim
Agreement with the EU, which is expected in first half of 2007
(Ref). The Plan's annexes include a list of WIPO Conventions to
which Montenegro plans to accede. Additional emphasis will be
placed on Montenegro's protection of IPR during its discussions
to join the WTO.
FERRILL