VZCZCXRO2079
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 
 
¶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