– Law on the Protection of Trade Secrets, published in the Official Gazette of Montenegro No. 145/2021 of December 31, 2021, in force since January 8, 2022.
– Law on Business Companies, published in the Official Gazette of Montenegro No. 65/2020 of June 3, 2020, in force since July 11, 2020, with amendments published in the Official Gazette No. 146/2021 of December 31, 2021, in force on the same day.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 3, 2006.
– WTO's TRIPS Agreement, since April 29, 2012.

Protection

Definition: a trade secret is information (1) which in its entirety or in a precisely defined configuration or sum of its components is not generally known or easily accessible to persons who use this information in the scope of their activities; (2) which has a commercial value because it is a secret, and (3) for which the natural or legal person who legally controls the trade secret (holder of the trade secret) has taken appropriate measures in order to preserve its secrecy.

Assignment - licensing: possible.

Remedies for misappropriation: in order to prevent the illegal acquisition, use or disclosure of a trade secret, the holder of the trade secret, i.e. the acquirer license, can file a lawsuit within three years, from the day he learned about the violation and the perpetrator, and no later than within five years from the day when that violation was committed in accordance with the law. Against the perpetrator of the violation, the holder of the trade secret, i.e. the acquirer of the license, can claim with the competent court: (1) termination or, depending on the case, prohibition of use or disclosure of the trade secret; and/or (2) prohibition of production, offering, placing on the market or use of the goods with which the violation was committed, i.e. prohibition of importation, export or storage of the infringing goods for those purposes; and/or (3) taking certain actions in relation to the goods with which the injury was committed; and/or (4) destruction in whole or in part of all documents, objects, materials, substances or electronic files containing the trade secret or which are in themselves a trade secret or, as necessary, are handed over to the requester of those documents, items, materials, substances or electronic files in whole or in part. It is also possible to request the issuance of temporary measures due to the illegal acquisition, use or disclosure of a trade secret, namely: (1) temporary measure of cessation or prohibition of the use or disclosure of a trade secret; (2) prohibition of production, offering or placing on the market or use of the goods with which the violation was committed, i.e. prohibition of import, export or storage of the goods that caused the violation; (3) temporary confiscation or handing over of goods that are suspected of being violated, including imported goods, for preventing the placing on the market or the circulation of those goods on the market. If the holder of the trade secret has suffered damages, he has the right to request compensation for those damages.