Amendments regarding industrial design law recently came into force in Montenegro. Industrial design owners wishing to file infringement lawsuits are offered new opportunities.
Previously, an action could be filed within 5 years as from the date of infringement. Henceforth, if the infringer has acted in bad faith, a lawsuit can be filed at any moment during the design protection period, to wit, within 25 years posterior to the filing date.
The owner may in addition of damages claim compensation, evaluated on the basis on a licence agreement which has been concluded.
Finally, if the owner proves that the infringement has been committed during a commercial activity or with the aim of obtaining economic or commercial benefits, the Court will be able to order the seizure of the defendant’s movable and immovable properties, although he is not directly linked to the design infringement.