Montenegro Strengthens Enforcement Against Industrial Design Infringement

The amendments to the industrial design law in Montenegro, in force as of June 19, 2013, bring a number of enforcement-related changes, providing several new possibilities for the industrial design owners filing infringement lawsuits.

Under the amendments, the right owner may file a lawsuit to request the permanent injunction and a fine against the infringer.

As earlier, the lawsuit may be filed within five years after the infringement occurred. A new provision has been added stating that if the infringer acted in bad faith, the lawsuit may be filed at any time during the design protection period, i.e. within 25 years after the filing date.

With respect to the compensation for damages, apart from general rules under the provisions of the Montenegrin Law on Obligations, the new design law enables the right owner to request the amount of compensation as if the license agreement had been concluded. If the infringer acted in bad faith, the right owner may request triple the amount of such compensation.

The provisions on preliminary injunctions provide several new possibilities in terms of obtaining these measures. For example, at a request of the design owner who provided evidence that the infringement was done in the course of a commercial activity or in order to obtain commercial or economic benefits, the court may order the seizure of the defendant’s movable and immovable property, even if it is not directly connected to the design infringement.

By: Jasna Jusic

For more information, please contact Jasna Jusic at our Montenegro office.