OJ EPO 2007, 406

On 3 June 2006 the Montenegrin parliament adopted a "Declaration of Independence" stating that as of that date the Republic of Montenegro (ME) ^[ 1 ] was an independent state with full legal personality under international law. This declaration officially terminated the State Union of Serbia and Montenegro.

The Serbian parliament declared on 5 June 2006 that the Republic of Serbia (RS) ^[ 2 ] was the legal successor to the former State Union of Serbia and Montenegro and informed the European Union and other representatives of the international community accordingly.

On 19 September 2006, the government of the Republic of Serbia deposited with the Director General of WIPO a declaration^[ 3 ] to the effect that the Patent Cooperation Treaty (PCT) continues to apply to the Republic of Serbia^[ 4 ].

The embassy of the Republic of Serbia informed the European Patent Office in a letter dated 27 November 2006 that the Republic of Serbia continues to exercise its rights and meet its commitments under the Agreement between the Federal Republic of Yugoslavia and the European Patent Organisation on Co-operation in the Field of Patents of 26 November 2001 (Co-operation and Extension Agreement) signed and ratified by the State Union of Serbia and Montenegro^[ 5 ].

On 4 December 2006, the government of the Republic of Montenegro deposited a declaration with the Director General of WIPO confirming inter alia that as of 3 June 2006 the PCT continues to apply to the Republic of Montenegro. To date no further information has been published by WIPO concerning this declaration. Up to now the government of the Republic of Montenegro has not contacted the European Patent Office with regard to the Co-operation and Extension Agreement between the European Patent Organisation and the former State Union of Serbia and Montenegro. As soon as further details become available, an updated notice will be published in the Official Journal.

In the light of the above, the European Patent Office bases the applicability of the Co-operation and Extension Agreement on the following assumptions:

Serbia is the legal successor to the State Union as regards the Co-operation and Extension Agreement. As of 4 June 2006 the Co-operation and Extension Agreement no longer applies to the territory of Montenegro. European patent applications and PCT applications filed after 3 June 2006 and entering the European phase, and European patents resulting from such applications, can be extended to the territory of Serbia only.

The protection conferred by pending European patent applications and PCT applications filed up to 3 June 2006 and entering the European phase, and by European patents resulting from such applications, can be extended to the territory of Serbia. The European Patent Office will endeavour, in co-operation with the Serbian and Montenegrin authorities, to clarify whether the protection resulting from such applications and patents can also be extended to the territory of Montenegro.