A number of amendments to Montenegro’s industrial design law came into force last summer, providing several fresh options for industrial design owners filing infringement lawsuits.

As was previously the case, an action may be filed within five years from the date of the infringement. However, if the infringer has acted in bad faith, the lawsuit may now be filed at any time during the design protection period, i.e. within 25 years after the filing date.

Regarding compensation for damages, apart from general rules under the provisions of the Montenegrin Law on Obligations, the new design law lets the right owner ask for compensation estimated at the value of a concluded licence agreement.  This sum might be tripled, where the infringer acts in bad faith.

The rules relating to preliminary injunctions have also been expanded. Now, for example, at the request of a design owner who provides evidence that the infringement is being carried out in the course of commercial activity or in order to obtain commercial or economic benefit, 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.

Source: “Montenegro Strengthens Enforcement Against Industrial Design Infringement” by Jasna Jusic (from the PETOSEVIC Newsletter)