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Intellectual Property

Montenegro

The success of a company springs from its ideas. By obtaining, defending and licencing various property rights ranging from trademarks to designs, patents, protection certificates and utility models, this potential is transformed into financially measurable company values. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With 150 IP-lawyers in 34 countries, we understand your business needs. CMS has worked with some of the best-known brands and we specialize in representing companies from the lifesciences, pharmaceutical, medical products, media, telecommunications, clothing, computer and consumer goods industries. We advise and represent clients during trademark registrations and similarity examinations, handle their trademark portfolios and potential breaches of their trademark, design, patent and protection certificate rights, and prosecute product piracy for our clients at customs authorities and courts across Europe. Our expertise extends to parallel and grey imports, sales rights and associated legal fields such as pharmaceutical products, media, telecommunications and broadcast law.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. In the event of a breach of property rights, we support our clients in asserting their rights before courts and criminal courts. Our range of services includes warnings, injunctions, lawsuits and border confiscations as well as the increasingly important international assertion of intellectual property rights.

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01/01/2018
Pro­tect­ing ideas, se­cur­ing profit
Bro­chure In­tel­lec­tu­al Prop­erty
28 September 2020
High Court con­firms that the class of in­ven­tions cre­ated by AI ma­chines...
The High Court has con­firmed that the class of in­ven­tions cre­ated by AI ma­chines is not pat­entable. The de­cision po­ten­tially leaves the door open for hu­man own­ers of AI ma­chines to list them­selves as...
04/08/2014
CMS Em­ploy­ee In­vent­or Re­wards Sur­vey 2014
21 September 2020
MESSI vs. MASSI – Li­onel takes three points be­fore the CJEU
On Thursday 17 Septem­ber 2020 the Court of Justice of the European Uni­on handed down its judg­ment in a trade mark dis­pute dat­ing back to 2011 in­volving Li­onel Messi, the icon­ic FC Bar­celona foot­baller,...
14 September 2020
An EPO Case Law Round-Up: Ad­ded Mat­ter
The EPO is well-known for its strict ap­proach to as­sess­ing amend­ments un­der the ad­ded mat­ter pro­vi­sion of Art­icle 123 of the European Pat­ent Con­ven­tion. This of­ten cre­ates com­plex leg­al scen­ari­os which...
13 August 2020
Sus­tain­able food pro­gress may close glob­al reg­u­lat­ory gap
In­nov­a­tion in the sus­tain­able food sec­tor is for­ging ahead at a re­mark­able pace. Our cur­rent food sources ac­count for nearly one-third of glob­al GHG emis­sions while con­sumers are in­creas­ingly bet­ter edu­cated...
27 July 2020
Pro­tec­tion for Designs in UK post Brexit
Since 2002, UK busi­nesses have been able to pro­tect their designs by vir­tue of both UK and EU design rights, con­fer­ring par­al­lel but slightly dif­fer­ing forms of pro­tec­tion. This art­icle con­siders the...
22 July 2020
Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
14 July 2020
Ger­man Fed­er­al Su­preme Court cla­ri­fies the bar for po­ten­tial pat­ent in­fringers...
With its de­cision of 5 May 2020 (Case No. KZR 36/17), the Ger­man Fed­er­al Su­preme Court raised the re­quire­ments for the con­duct of the po­ten­tial pat­ent in­fringer for FRAND ne­go­ti­ations. For the first time...
08 July 2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
26 June 2020
CJEU an­nuls EUIPO’s trade mark in­val­id­a­tion of Louis Vuit­ton’s Dam­i­er Azur...
On 10 June 2020, the Gen­er­al Court of the CJEU (“GC”) pub­lished its de­cision on the Louise Vuit­ton Mal­leti­er (“Louis Vuit­ton”) case,[1] which relates to the valid­ity of Louis Vuit­ton’s fig­ur­at­ive...
01 June 2020
En­larged Board to cla­ri­fy European Pat­ent Of­fice ap­proach to double pat­ent­ing
The European Pat­ent Of­fice Tech­nic­al Board of Ap­peal has re­ferred three leg­al ques­tions to the En­larged Board of Ap­peal. These ques­tions con­cern the al­low­ab­il­ity of double pat­ent­ing at the EPO, and will...