IP/N/6/MNE/1  
 
11 March 2013  
(13-1311)  Page: 1/40  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
 
 
   
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
RESPONSES FROM MONTENEGRO 
Civil and Administrative Procedures and Remedies 
(a) Civil judicial procedures and remedies 
 1. Specify the courts which have jurisdic tion over IPR infringement cases. 
The courts which have jurisdiction over IPR infringement cases are Commercial Court in Podgorica 
and Basic courts.  
Law on Courts  ("Official Gazette of the Republic of Montenegro", No. 5/02, 49/04 and  
"Official Gazette of Montenegro", No. 22/08 and 39/11) 
 
Jurisdiction 
 
Article 20  
 
(1)  Commercial courts shall hear and determine at first instance:   
 
"litigation between domestic and foreign companies, other legal persons and entrepreneurs 
(commercial entities) resulting from their commercial legal relations (as result of performing 
activities which are intended to procure certain gain to parties) as well as cases where parties are persons who are not commercial entities but are connected as material co-
litigant with commercial entities" (Article 20, paragraph 1, item 1) 
 
"copyright and industrial property between parties from item 1) of this paragraph" (Article 20, paragraph 1, item 4)  
 
"disputes relating to rights of artists, rights concerning the multiplication, duplication and releasing for circulation of audiovisual works as well as disputes relating to computer 
programs and their use and transfer between the parties referred to in item 1 of this 
paragraph"; (Article 20, paragraph 1, item 5) 
 
Article 16 
 Basic courts shall have jurisdiction:  
(2) "In civil cases, as a court of first instance to judge:  
 
(a)  disputes relating to property, matrimony, family, persons, copyright and other 
matters except in those disputes for which the law prescribes the jurisdiction of 
another court"  
 
                                               
1 Document IP/C/5. IP/N/6/MNE/1 
 
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  2. Which persons have standing to assert IPRs? How may they be represented? Are 
there requirements for mandatory personal appearances before the court by the right 
holder? 
Copyright and Related Rights  Act ("Official Gazette of Montenegro", No. 37/11) 
 
Article 183 
 
The right holder of a Copyright work or subject matter of related rights (hereinafter: protected 
matter ) whose rights under this Act was infringed, may seek the protection of his rights and claim 
damages according to general regulations, unless ot herwise provided by this Act. (paragraph 1) 
 
Right holder 
 
Article 73 
 
Rights granted under this Act to the author, including the right to protection in courts and other competent authorities (legal standing), belong to another person to the extent in which they are 
assigned to him by law, by contract or by other legal act (right holder).  
 Societies for the collective administration of copyright and related rights, trade unions as well as professional associations registered for the protection of copyright, enjoy legal standing to enforce 
protection of their members' rights in courts and other competent authorities.  
 
Law on Legal Protection of Industrial Design ("Official Gazette of Montenegro", No. 80/10) 
 
Article  46 
 
In case of infringement of industrial design righ ts, the design rights holder may request from the 
competent court to determine the industrial design rights infringement. (paragraph 2)  
Patent Law ( "Official Gazette of Montenegro", No. 66/08, 40/10 and 40/11)  
 
Article 76 
 
The patent holder, or a holder of an exclusive licence for such a patent shall be entitled to instigate 
a litigation against any person infringing his righ t by any unauthorized act referred to in Articles 41 
and 42 of this Law.  
 
Article 41 
 The patent holder shall have the exclusive right to prevent third parties not having the owner's 
consent from the acts of:  
 making, using, offering for sale, placing into ci rculation, exporting or importing and storing for 
these purposes the product made by means of the protected invention;  
 using the patented process;  
 
offering the patented process for sale;   producing, offering for sale, placing into circulation, using, exporting or importing and storing for 
such purposes a product directly obtained by the patented process;  
 offering for sale or supplying products that constitute essential elements of an invention to parties 
unauthorized to use such invention, if the offere r or supplier knows or has demonstrable grounds 
to know that such products are intended for the use of an invention owned by someone else.   IP/N/6/MNE/1 
 
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  Law on the Protection of Topogr aphies of Integrated Circuits ("Official Gazette of 
Montenegro", No. 75/10)  
 
Article 14 
 
The topography rights holder may file a complaint requesting the competent court to confirm that the topography rights have been infringed. (paragraph 1) 
 
Law on Trademarks ("Official Gazette of Montenegro", No. 72/10, 44/12)  
 
Article 55 
 
The trademark rights holder may file an action requesting that the court establishes trademark infringement. (paragraph 2) 
 
Law on Civil Procedure  ("Official Gazette of Republic of Montenegro", No. 22/04 and 76/06) 
 
Agents 
 
Article 88 
 
Parties may take actions in the procedure either in person or through an agent, but the court may 
call on the party who has an agent to personally give a statement before the court about the facts that need to be determined in this dispute. The party represented by the agent may at all times 
come before the court and give statement besides his/her agent. 
 There is no obligation for mandatory personal appearance before the court by the right holder. 
 
 
3. What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to  produce evidence which lies within its 
control? 
Copyright and Related Rights Act  ("Official Gazette of Montenegro", No. 37/11) 
 
Preserving evidence 
 
Article 189 
 
Upon request by the rights holder, the court shal l order preservation of evidence provided the 
rights holder makes it probable to believe that:  
 1) he is the rights holder under this Act, and  
 
2) his exclusive right has been infringed or that there is threat for such infringement to 
occur.  
 The court may order the preservation of evidence refe rred to in par. (1) of this Article without prior 
notification or examination of the other party, where a delay would cause irreparable harm to the 
right holder or where there is a demonstrable risk of evidence being destroyed. 
In the circumstances referred to in par. (2) of this  Article the parties shall be given notice after the 
preservation of evidence at the latest.  
 
The court may order any measure in order to achieve the preservation of evidence, and in particular:  
 
1) a detailed description or taking of samples or the seizure of objects or other means by 
which infringement is effected; 
 
 2) the seizure of documents relating to the infringement; 
  3) the inspection of premises, books, databases, computer memory, and the like;  IP/N/6/MNE/1 
 
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 4) the appointment and examination of experts;   5) the examination of witnesses.  
 
The procedure for the preservation of evidence sh all be subject to the legislation governing the 
civil procedure, unless otherwise provided by this Act.  
 
The court shall guarantee to preserve the confidentiality of data of the parties and to prevent the abuse of the court procedure with the aim of obta ining confidential information from the opposing 
party.  
 
Law on Trademarks  ("Official Gazette of Montenegro", No. 72/10 and 44/12) 
 
Securing of evidence 
 
Article 57 
 
At the request of a person who makes it probable that its trademark or rights arising from the trademark application have been infringed, and th at there is reasonable suspicion that evidence 
thereof will be destroyed or that later it will no t be possible to obtain such evidence, the court may 
decide to secure evidence without prior notifica tion or hearing of the person from whom the 
evidence is to be collected.  
An inspection of premises, vehicles, books and documents, as well as the seizure of objects, 
examination of witnesses and expert witnesses shall be considered as securing of evidence within 
the meaning of paragraph 1 of the present Article. 
 
The court decision imposing a provisional measure aimed at securing evidence shall be served on the person from whom the evidence is being collect ed at the time of the collection of evidence, 
while such decision shall be served on the absent person as soon as it becomes possible. 
 
Law on Legal Protection of Industrial Design  ("Official Gazette of Montenegro", No. 80/10) 
 
Securing of Evidence 
 
Article 48 
 
At the request of the person who makes it likely that his/her industrial design rights or rights arising from the application have been infringed, or that there is a reasonable suspicion that evidence thereof will be destroyed or that it will not be possible to obtain such evidence later on, 
the court may order a measure to secure evidence without giving prior notice to or hearing the 
person from which evidence is to be collected.  
For the purposes of paragraph 1 of the present Ar ticle, the securing of evidence shall mean the 
inspection of premises, vehicles, books, documents, as well as the seizure of infringing goods, questioning of witnesses and expert-witnesses. 
The court order for an interim measure to secure evidence shall be served on the person from 
which evidence is to be collected, on the occasion  of the collection of evidence, and to an absent 
person, as soon as that becomes possible.  
Patent Law  ("Official Gazette of Montenegro", No. 66/08, 40/10 and 40/11) 
 
Securing the Evidence 
 
Article 79 
 
(1) Upon request of the plaintiff referred to in Article 76 of this Law who makes it credible that his 
right has been infringed on or will be infringed on, or that such infringement is imminent or that irreparable harm is likely to occur, as well as th at there is a reasonable risk that the evidence of 
that will be destroyed or that it will not be possible to obtain it later on, the court may order a IP/N/6/MNE/1 
 
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  measure to secure evidence without giving prior notice to or hearing the person from which 
evidence is to be collected.   (2) For the purposes of paragraph 1 of this Arti cle, the securing of evidence shall mean the 
inspection of premises, books, documents, databa ses, etc., as well as the seizure of documents 
and infringing goods, and taking depositions of witnesses and expert witnesses.   
(3) The court order for measures to secure evidence shall be served to the person from which 
evidence is to be collected, on the occasion of the collection of evidence, and to an absent person, 
as soon as that becomes possible.   
(4) The order to secure of evidence may be reques ted even before the instigation of the litigation, 
provided the litigation is subsequently instigated within thirty days from the execution of the provisional measure.  
 
Law on Indications of Geographical Origin  ("Official Gazette of Montenegro",  
No. 48/08 and 40/11) 
 
Securing of Evidence 
 
Article 61 
 
(1) At the request of the plaintiff who makes it cr edible that his/her right has been infringed, and 
that there is a reasonable doubt that the evidence of that will be destroyed or that it will not be 
possible to obtain it later on, the court may order a provisional measure to secure evidence 
without giving prior notice to or hearing the person from which evidence is to be collected.   
(2) For the purposes of paragraph 1 of this Arti cle, the securing of evidence shall mean the 
inspection of premises, books, documents, databa ses, etc., as well as the seizure of documents 
and infringing goods, interrogation of witnesses and expert witnesses.  
(3) The court order for measures to secure evidence shall be served to the person from which 
evidence is to be collected, on the occasion of the collection of evidence, and to an absent person, 
as soon as that becomes possible.  
 
(4) Provisional measure to secure evidence may be requested even before filing an action, provided that the action is filed not later than 30 days from the execution of the provisional 
measure.  
 
The Law on Protection of Undisclosed Information  ("Official Gazette of Republic of 
Montenegro" No. 16/07 and "Official Gazette of Montenegro" No. 73/08) 
 
Article 12 
 
(1)  At the request of the owner of unpublished data referred to in Article 3 of this law, which 
makes it probable that there is a danger of their unlawful obtaining, disclosure or use, or that there is a danger of occurrence of irreparable harm or that there is a reasonable suspicion that 
evidence will be destroyed or it will be impossibl e for them to be obtained later, the court may 
require a provisional measure to preserve evidence without prior notification or hearing of the person from whom evidence is obtained.  
(2)  Securing of evidence, referred to in paragraph 1 of this Article, considers the inspection of 
premises, books, documents, databases, etc., as well as the seizure of documents, examination of 
witnesses and experts. 
 
(3)  To the person from whom the evidence is collected, a decision on determining provisional 
measures for securing of evidence shall be delivered at the moment of securing the evidences and 
to the absent person as soon as it becomes possible. 
  IP/N/6/MNE/1 
 
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  4. What means exist to identify and protect confidential information brought forward 
as evidence? 
Law on Civil Procedure  ("Official Gazette of Republic of Montenegro", No. 22/04, 76/06) 
 
Article 309 
 The court may exclude public from the entire main hearing or a part of it if so required in order to 
preserve the state, official, business or personal secret or to protect interests of public order or 
morals. (paragraph 1)  
Copyright and Related Rights  Act ("Official Gazette of Montenegro", No. 37/11) 
 
Preserving evidence 
 
Article 189 
 
The court shall guarantee to preserve the confidenti ality of data of the parties and to prevent the 
abuse of the court procedure with the aim of obta ining confidential information from the opposing 
party. (paragraph 6)  
Patent Law  ("Official Gazette of Montenegro, No. 66/08, 40/10, 40/11) 
 
Claims 
 
Article 77 
 (4) Where a plaintiff has presented reasonably avai lable evidence sufficient to support its claims 
and has specified evidence relevant to substantiation of its claims which lies in the control of the 
defendant, the court may order that this evidence be produced by defendant, subject in appropriate cases to conditions which ensure the protection of confidential information. (paragraph 4) 
 
The Law on Protection of Undisclosed Information  ("Official Gazette of Republic of 
Montenegro" No. 16/07 and "Official Gazette of Montenegro" No. 73/08) 
 
Article 18 
 
The courts and other competent authorities are required to maintain the confidentiality of 
unpublished data protected under this law. The obligation to maintain the confidentiality also includes an exclusion of the public in the proces s, limit of access to and use of data and issuing 
orders to all persons involved in the case to not disclose such information to others without prior 
permission of the court. 
  
5. Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use: 
 
 injunctions; 
 damages, including recovery of profits, and expenses, including attorney's fees; 
 destruction or other disposal of infringi ng goods and materials/implements for 
their production; 
 any other remedies. IP/N/6/MNE/1 
 
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  Copyright and Related Rights  Act (Official Gazette of Montenegro No. 37/11) 
 
Claims 
 
Article 192 
 
When the exclusive rights granted by this Act ar e infringed, the right holder may file a claim 
requesting that the following action be taken at the expense of the infringer:  
 
1) to establish the infringement of rights;  
2) to prohibit the current an d future infringements;  
3) to recall the objects of infringement from channels of commerce, taking into account 
the interests of bona fide  third parties;  
4) to remedy the situation caused by the infringement;  
5) to remove definitively the objects of infr ingement from the channels of commerce;  
6) to destroy the objects of infringement;  
7) to destroy the instruments of infringement th at are principally used for infringement;  
8) to surrender to the rights holder the objects of infringement against the 
reimbursement of the costs of their production to the infringer; 
9) to publish the judgment on the infringement of rights.  
  
The court may order that instead of the claims refe rred to in Par. (1), subparagraphs 3- 8 of this 
Article the infringer pays pecuniary damages to the right holder.  
In considering the claims referred to in par. (1), subparagraphs 3-8 and in par. (2) of this Article, 
the court shall take account of all circumstances of the case, in particular the proportionality between the seriousness of the infringement and the requested claim, the interest of the right 
holder for an effective protection of rights, the readiness of the right holder to receive pecuniary 
damages instead of non-pecuniary measures, etc.   The provisions of par. (1), subparagraphs 4 and 6 of this Article shall not apply to executed 
architectural objects, unless the destruction of the object is justified by the circumstances of the 
case.   
Compensation for material damage 
 
Article 193 
 
Infringements of rights under this Act shall be subject to the general rules governing damages, unless otherwise provided by this Act.   
The infringer shall pay to the rights holder damages in the amount to be defined under general 
rules on compensation for material damage, or in the amount which is equal to agreed or customary remuneration for the legal use of such kind ( license analogy ).  
 
If infringement of an economic right was intentional or caused by gross negligence, the plaintiff may claim, instead pecuniary damages, a compensation in the amount of up to three times of the 
customary remuneration he would have received for  the relevant form of use of protected matter 
had that use been lawful, irrespective of  whether he suffered damage or not.  
 In considering the claim referred to in par. (3) of this Article and in setting its amount, the court 
shall take into account all circumstances of the case, and in particular the degree of culpability of 
the infringer,  the amount of agreed or custom ary remuneration, and the achievement of a general 
preventive purpose sought by the award of damages in par. (3) of this Article.  
 
Where the actual damage exceeds the maximum amount  of damages under par. (3) of this Article, 
the right holder may claim the difference to full damages. 
 IP/N/6/MNE/1 
 
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  Compensation for non-material damage 
 
Article 194 
 
Irrespective of any compensation for material damage, and even in the absence of such damage, 
the court may award an author or a performer an equitable monetary satisfaction for the mental suffering endured as a consequence of the infringement of his moral rights, if the court finds that it 
is justified by the circumstances of the case, particularly with respect to the potency of the 
suffering and its duration.   
Law on Trademarks  ("Official Gazette of Montenegro", No. 72/10, 44/12) 
 
Trademark Infringement Claim 
 
Article 55 
 Any unauthorized use of a protected mark by any economic operator within the meaning of 
Articles 10 and 11 of the present Law shall constitute an infringement of a trademark. 
 The trademark rights holder may file an action requesting that the court establishes trademark infringement. 
 
In the event referred to in paragraph 2 of the present Article, the claim may be filed and the plaintiff may request the following: 
 
1) Termination of the infringement;  
2) Destruction or alteration of the infringing objects; 
 3) Destruction or alteration of the tools and equipment used to manufacture the infringing objects; 
 
4) Reimbursement of pecuniary damage and justifiable legal expenses;  
5) Publication of the court decision at the expense of the defendant; 
 6) Supplying information about third parties participating in the infringement of trademark 
rights. 
 
Any infringer shall be liable for the damage in accordance with general rules on compensation of damages. 
 
In deciding on complaints referred to in paragraph 3 items 2 and 3 of the present Article, the competent court shall take into consideration all circumstances of the case, in particular the 
proportionality between the severity of infringement and the damage caused. 
 Proceedings on action referred to in paragraph 2 of the present Article shall be urgent. 
 
An action for trademark rights infringement may be filed within a period of three years from the day on which the plaintiff became aware of the infringement and the infringer's identity, but not later than five years from the day of the first infringement. 
 
Law on legal protection of industrial design  ("Official Gazette of Montenegro", No. 80/10) 
 
Lawsuit in Case of Industrial Design Rights Infringement 
 
Article 46 
 
Industrial design rights infringement shall be considered to be any unauthorized use of a registered industrial design by any party to trad e, within the meaning of Article 15 of the present 
Law.  
 IP/N/6/MNE/1 
 
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  In case of infringement of industrial design righ ts, the design rights holder may request from the 
competent court to determine the industrial design rights infringement.  In the lawsuit referred to paragraph 2 of the present Article, the plaintiff shall be entitled to 
request: 
 
1) Cessation of the industrial design rights infringement; 
 
2) That the items used in infringement of the right be destroyed or modified;  3) That the tools and equipment used for producti on of the articles used in infringement of 
the right be destroyed or modified; 
 4) Compensation for material injury and reim bursement of costs and expenses associated 
with court proceedings; 
 5) Publication of the verdict at the expense of the defendant; 
 
6) That the information on any third persons participating in infringement of rights be revealed. 
 
A person infringing industrial design rights shall be held liable for the injury pursuant to the 
general rules on compensation of damages.  
When determining on the lawsuit referred to in pa ragraph 3 items 2 and 3 of the present Article, 
the court shall examine all the circumstances of th e case, in particular the proportionality between 
the severity of the infringement and damage caused.  
 
The proceedings on the referred to in paragraph 2 of the present Article shall be administered in an expedited manner.  
The lawsuit for infringement of the industrial design rights may be filed within three years 
following the day the plaintiff has become aware of the infringement and the infringer, but not 
later than within five years following the day when infringement was committed for the first time.  
 
Patent Law  ("Official Gazette of Montenegro, No. 66/08, 40/10, 40/11) 
 
Claims 
 
Article 77 
 
(1) An action instigating a litigation may include the following claims:  
  
1) establishment of the fact that a patent infringement exists;  
 
2) prohibition of acts constituting patent infringement;  
 
3) compensation for damages caused by infringement;  
 
4) publication of the court decision at the expense of the defendant;  
 
5) seizure and/or destruction, without compensation of any sort, of products made or 
obtained by means of patent infringement;  
 
6) seizure and/or destruction, without compensation of any sort, of material or articles 
(equipment, tools) predominantly used in the creation of infringing products.  
 
(2) If an infringement of rights was committed intentionally or out of gross negligence, the plaintiff 
may claim an amount up to triple the amount of the direct damages and lost profits.   IP/N/6/MNE/1 
 
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  (3) In considering the claims referred to in paragr aph 1, items 5 and 6 of this Article, the court 
shall take into account the need to maintain proportionality between the gravity of the infringement and the measures ordered, as we ll as the interests of any third parties.  
 
(4) Where a plaintiff has presented reasonably avai lable evidence sufficient to support its claims 
and has specified evidence relevant to substantiation of its claims which lies in the control of the defendant, the court may order that this evidence be produced by defendant, subject in 
appropriate cases to conditions which ensure the protection of confidential information.  
 (5) Appropriate provisions of the law that regulates contracts and torts shall apply to those issues concerning damages for infringement of rights  that are not provided for by this Law.  
 
Law on Protection of Topographies of Integrated Circuits  ("Official Gazette of  
Montenegro", No. 75/10) 
 
Infringement of Rights 
 
Article 14 
 The topography rights holder may file a complain t requesting the competent authority to confirm 
that the topography rights have been infringed. 
 
In the complaint filed with the competent authority,  the plaintiff shall be entitled to demand the 
following: 
 
1) confirmation that trade mark rights have been infringed  
2) termination of the infringement of trade mark rights 
 3) compensation for material damage and reasonable reimbursement of costs incurred as a result of the proceedings 
 
4) a ban on further reproduction of the topography  
5) a ban on the export and marketing of integrat ed circuits manufactured on the basis of the 
protected topography  
6) publication of the judgment at the defendant's expense. 
 
The section of the patent law relating to civil law protection shall apply to the topography rights infringement procedure. 
 
Law on Indications of Geographical Origin  ("Official Gazette of Montenegro",  
No. 48/08, 40/11) 
 
Protection in the Event of Infringement of Registered Indication of Geographical Origin  
 
Article 56 
 (1) In the event of infringement of a registered indication of geographical origin, an action may be filed and the plaintiff may request the following:  
 
1) Determination of the infringement of an appellation of origin or a geographical indication;   
2) Prohibition of acts that infringe an appellation of origin or a geographical indication;  
 3) Reimbursement of damages and justifiable legal costs and expenses;  
 
4) Publication of the court decision at the expense of the defendant;   5) Confiscation and destruction, without any compensation, of any products created or 
obtained by infringing an appellation of origin or a geographical indication;  IP/N/6/MNE/1 
 
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6) Confiscation and destruction, without any compensation, of the materials and objects (equipment, tools) predominantly used to manufacture objects that infringe an appellation of origin or a geographical indication;  
 
(2) If the infringement of an appellation of origin or a geographical indication was intentionally or by gross negligence, the plaintiff may request from the defendant the compensation amounting up 
to three times of the amounts of direct damage and lost profits combined.  
 (3) In considering the claims referred to in paragr aph 1, items 5 and 6 of this Article, the court 
shall take into account the need to maintain proportionality between the gravity of the 
infringement and the measures ordered, as well as the interests of third parties.  
 (4) Appropriate provisions of the Law of Obliga tions2 shall apply to those issues concerning 
damages for infringement of rights that are not provided for by this Law. 
 
Law on Civil Procedure  ("Official Gazette of Republic of Montenegro", No. 22/04, 76/06) 
 
Costs of Procedure Litigation Costs 
 
Article 149 
 
Litigation costs shall include expenses incurred du ring the procedure or in connection therewith. 
Litigation costs shall also include the remunerati on for work of attorneys and other persons whose 
right to remuneration is envisaged by Law. 
 
Article 152 
 
The party that has lost the litigation in its entirety shall bear costs of adverse party and his/her intervener. If the party was partially successful in the litigation the court may, depending on the success achieved, order each party to bear their own costs or order one party to bear a 
proportionate part of costs of the other party and the intervener. The court may order that one 
party bears all the costs incurred by the adverse party and his/her intervener if the adverse party failed to succeed in proportionately small part of his/her claim and no separate costs were incurred 
in connection to that part. On the basis of the outcome of the presentation of evidence, the court 
shall decide if the costs referred to in Article 151 paragraph 3 of this Law shall be borne by one or both parties or whether these costs shall be borne from court funds. 
 
 6. In what circumstances, if any, do judici al authorities have the authority to order 
the infringer to inform the right holder of th e identity of third persons involved in the 
production and distribution of the goods or se rvices found to be infringing and of their 
channels of distribution? 
Copyright and Related Rights Act ("Official Gazette of Montenegro" No. 37/11)  
 
Right of information 
 
Article 190 
 
In the proceedings concerning the infringement of rights the court may, upon a justified and 
proportionate request of the party, order that information on the origin and distribution networks of 
the goods or services which infringe a right under this Act be provided by the alleged infringer.  
 The court may order that information referred to in Par. 1 be provided also by a person who for 
commercial purposes:  
  1) possesses the goods that are subject to infringement;  
 
 2) uses the services that are subject to infringement;    3) provides services used in the ac tivities giving rise  to infringement; IP/N/6/MNE/1 
 
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4) is indicated by the person referred to in subparagraphs 1, 2 or 3 of this paragraph as being 
involved in the production, manufacture or distribution of the goods or the provision of the services. 
 
An act shall be deemed to be performed for commercial purposes if it is performed for direct or indirect economic advantage.  
 
The information referred to in par.  (1) may comprise the following:  
 
1) the names and addresses of the producers, manufacturers, distributors, suppliers and other 
previous holders of the goods or services, as well as the intended wholesalers and retailers, 
and ¨ 
 
2) information on the quantities produced, manufactured, delivered, received or ordered, as 
well as the price agreed for the goods or services in question.  
 
The persons referred to in paras. (1) and (2) of this Article may refuse to provide information in 
accordance with other regulations.  
Law on Trademarks ("Official Gazette of Montenegro", No. 72/10, 44/12)  
Obligation to Provide Information 
 
Article 59 
 
If no reasons exist for withholding witness account pursuant to the provisions of the law governing civil law proceedings, the court may order the defendant and/or the witness to provide information 
about any third parties who have participated in the infringement of trademark rights and their the 
distribution channels. 
 
Should the person referred to in paragraph 1 of the present Article fail to fulfil the obligation of 
providing information, such person shall be held liable for any damage arising thereof.  
Law on Legal Protection of Industrial Design ("The Official Gazette of Montenegro",  
No. 80/10). 
 
Duty to Provide Information 
 
Article 50 
 
The court may order the infringer of the protected industrial design or the witness to furnish 
information about third parties who have taken part in infringement of the right and about their distribution channels, provided there are no reas ons to withhold witness statements pursuant to 
provisions of the law governing civil proceedings. 
 
The person who fails to perform its duty referred to in paragraph 1 of the present Article shall be liable for the damage thus incurred. 
 
Patent Law ("Official Gazette of Montenegro, No. 66/08, 40/10, 40/11) 
 
Obligation to Provide Information  
 
Article 82 
 
(1) A court may order a person responsible for an infringement of the patent to provide information about any third parties who have participated in the infringement of the patent and about their distribution channels.  
 
(2) Person referred to in paragraph 1 of this Article who does not provide information shall be held liable for any damages arising therefrom.  
 IP/N/6/MNE/1 
 
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  Law on Indications of Geographical Origin  ("Official Gazette of Montenegro",  
No. 48/08, 40/11) 
 
Obligation to Provide Information 
 
Article 62  
 
(1) A court may order a person responsible for an infringement of the registered appellation of 
origin or geographical indication to provide information about any third parties who have participated in the infringement of the appellation of origin or geographical indication and about their distribution channels.  
 
(2) Person referred to in paragraph 1 of this Articl e who does not fulfill the obligation of providing 
information shall be held liable for any damages arising therefrom.  
 
 7. Describe provisions relating to the in demnification of defendants wrongfully 
enjoined. To what extent are public authoritie s and/or officials liable  in such a situation 
and what "remedial measures  are applicable to them? 
Law on Enforcement and Securing of Claims  ("Official Gazette of Montenegro",  
No. 36/11) 
 
Article 286 
 
The defendant shall be entitled to receive from the applicant compensation for any injury caused 
to him/her by the temporary measure which has been found ungrounded or which has not been 
justified by the applicant.  
 
Law on Trademarks  ("Official Gazette of Montenegro", No. 72/10, 44/12) 
Collateral Security 
 
Article 58 
 
At the request of a person against whom proceedings  for infringement of a registered trademark or 
proceedings for imposing a provisional measure ha ve been initiated, the court may determine an 
appropriate amount of money, to be borne by the ap plicant, as a security in the event that request 
is found to be groundless. 
 
Law on Legal Protection of Industrial Design ("Official Gazette of Montenegro",  
No. 80/10) 
 
Collateral Security 
 
Article 49 
 
At the request of a person against whom the proceedings for infringement of the industrial design 
right or proceedings for imposing a provisional measure have been initiated, the court may 
determine an appropriate amount of money, to be  borne by the applicant, as a security in the 
event that request is found to be groundless.  
 
8. Describe provisions governing the length  and cost of proceedings. Provide any 
available data on the actual durati on of proceedings and their cost. 
On compensation of costs of procedure, th e court decides by judgment and ruling which 
terminates the proceedings before that court, in a ccordance with the provisions of the Law on Civil 
Procedure. There are several types of costs of the proceedings, such as, among other things, the 
cost of representation, expert evaluation, bringi ng the witnesses, travel expenses, any costs for 
food and lodging, to compensation for loss of incomes, costs of court fees and others.  IP/N/6/MNE/1 
 
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  The fee is paid according the value of matter of dispute, and shall be determined in accordance 
with the provisions of the Law on Court Fees.  In terms of the costs of representation, rewards and compensation of expenses for attorneys are 
determined by Advocates tariff. The compensati on is determined depending on the type of 
procedure in which attorney acts and types of services that provides.  
Information on the actual duration of proceedings and their cost are not available, because there is 
no official record in Montenegro on these issues. 
 
Copyright and Related Rights Act (Official Gazette of Montenegro No. 37/11)  
 
Expeditious procedures 
 
Article 195 
 
The proceedings for an infringement of copyright and related rights shall be urgent. 
 
Law on Trademarks ("Official Gazette of Montenegro", No. 72/10, 44/12)  
Trademark Infringement Claim 
 
Article 55 
 
The trademark rights holder may file an action requesting that the court establishes trademark 
infringement. (paragraph 2)  Proceedings on action referred to in paragraph 2 of the present Article shall be urgent. 
(paragraph 6) 
 
Law on Legal Protection of Industrial Design ("Official Gazette of Montenegro",  
No. 80/10) 
 
Lawsuit in Case of Industrial Design Rights Infringement 
 
Article 46 
 
In case of infringement of industrial design righ ts, the design rights holder may request from the 
competent court to determine the industrial design rights infringement. (paragraph 2) 
 
The proceedings on the referred to in paragraph 2 of the present Article shall be administered in 
an expedited manner. (paragraph 6) 
 
Law on Civil Procedure  ("Official Gazette of Republic of Montenegro", 
No. 22/04, 76/06) 
 
Article 11 
 
The court shall conduct the procedure without any unnecessary delay, within reasonable period of 
time, with the lowest possible costs and shall also prevent any abuse of rights pertaining to the parties in the procedure. 
 
Article 149  
 
Litigation costs shall include expenses incurred du ring the procedure or in connection therewith.  
 Litigation costs shall also include the remunerati on for work of attorneys and other persons whose 
right to remuneration is envisaged by Law. 
 
Article 150 
 
Each party shall individually and in advance bear the costs incurred by his/her actions.  
 IP/N/6/MNE/1 
 
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  Article 151 
 
When the party proposes presentation of evidence he/she shall, pursuant to the court order and in 
advance, deposit the amount required for covering the costs to be incurred by the presentation of 
evidence.  
 The court shall reject presentation of evidence if  the amount required for bearing the costs is not 
deposited within the deadline set by the court.  
 Exceptionally from the provision of paragraph 2 of th is Article, if the court orders presentation of 
evidence ex officio in order to establish facts referring to the application of Article 4, paragraph 3 
of this Law and the parties fail to deposit the amount that has been set, the costs of the 
presentation of evidence shall be paid out from the court funds.   
Article 152 
 
The party that has lost the litigation in its entirety shall bear costs of adverse party and his/her 
intervener. 
 If the party was partially successful in the liti gation the court may, depending on the success 
achieved, order each party to bear their own costs or order one party to bear a proportionate part 
of costs of the other party and the intervener.  
 The court may order that one party bears all the costs incurred by the adverse party and his/her 
intervener if the adverse party failed to succeed in proportionately small part of his/her claim and 
no separate costs were incurred in connection to that part.   
On the basis of the outcome of the presentation of evidence, the court shall decide if the costs 
referred to in Article 151 paragraph 3 of this Law shall be borne by one or both parties or whether these costs shall be borne from court funds.   
Article 153 
 
When deciding on the costs that are to be reim bursed to the party, the court shall take into 
account only the costs necessary for conducting the litigation.  
 When deciding which costs have been necessa ry and the amount thereof, the court shall 
thoroughly evaluate all circumstances.  
 Rewards and remunerations for the work of attorneys shall be measured up according to the valid tariff. 
 
Article 154 
 
Regardless of the outcome of the litigation, the party shall reimburse costs to the adverse party 
which have been incurred by his/her fault or incident that happened to him/her.   
The court may decide that legal representative or agent of the party reimburse costs to the 
adverse party which have been incurred by his/her guilt.   Requests for reimbursement of costs referred to in  paragraphs 1 and 2 of this Article shall be 
determined in a ruling rendered by the court, se parately from the decision on the main subject 
matter.  
Article 155 
 
If the defendant has not presented the cause for the complaint, and in response to the complaint 
or at the preliminary hearing or at the main hearing if the preliminary hearing has not been held, 
and before starting deliberation on the main su bject matter, he/she acknowledges the statement 
of claims the plaintiff shall reimburse litigation costs to the defendant.   IP/N/6/MNE/1 
 
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  Article 156 
 
The plaintiff who withdraws the complaint shall reimburse litigation costs to the adverse party, except if the withdrawal occurred immediately after the defendant has met the claim.  
 
The party who waives legal remedy shall reimburse costs to the adverse party incurred with regard to the legal remedy. 
 
Article 161 
 
At the specific request of the party, the court shall decide on the reimbursement of costs.  
 
The party shall precisely define in his/her requ est the costs whose reimbursement is required, 
enclosing the evidence for the costs incurred unless they are already contained in the case files.  
 
The request for reimbursement of costs shall be  filed by the party not later than upon the 
completion of the deliberation which precedes rendering of the decision on costs and if the decision 
is to be rendered without a prior deliberation the party shall include the request for reimbursement 
of costs in the motion to be decided by the court.   The court shall decide on the request for reimbu rsement of costs either in judgment or in the 
ruling which concludes the procedure before that court. In the course of the procedure, the court 
shall decide on reimbursement of costs by the separate ruling only when the right to the 
reimbursement of costs does not depend on the decision on the main subject matter.  
 
In the case referred to Article 156 of this Law, if the withdrawal of the complaint or waiver of legal remedy have not taken place at the hearing, the request for reimbursement of costs may be filed 
within 15 days upon the receipt of the notification on the waiver. 
  
(b) Administrative procedures and remedies 
 
9. Reply to the above questions in relation to any administrative procedures on the 
merits and remedies that may result from these procedures. 
Inspection control proceedings, as a special form of administrative proceedings, implements 
inspection authorities in accordance with the provisions of the Law on Enforcement of the 
Legislation that Regulates Protection of Intellectual Property Rights ("Official Gazette of Republic of 
Montenegro", No. 45/05 and "Official Gazette of Montenegro", No. 37/11, 40/11).  
 Competent authorities responsible for the en forcement of legislation in the field of 
intellectual property defined in above-mentioned law are: state administrative authority in 
charge of economy, state administrative authorit y in charge of medicines and medical devices,  
state administrative authority in charge of urban planning, state administrative authority in charge of tourism, state administrative authority in charge of culture and media and an independent 
regulatory authority in charge of  broadcasting. 
 Inspection control proceedings in the field of intellectual property protection are carried out 
through: market inspection, inspection for medicines and medical devices, building inspection, 
tourist inspection and the authorized official of the independent regulatory authority in charge of 
broadcasting.  
In accordance with the Law on Designations of origin, geographical indications and indications of 
Traditional Specialities Guaranteed For Agricultural and Food Products ("Official Gazette of Montenegro", No. 18/11), acts Agricultural Inspection, while Phytosanitary inspection is authorized 
to act under the Law on Protection of Plant Varieties ("Official Gazette of Montenegro", No. 48/07 
and 48/08).  
Market Inspector supervises the production and trad e of goods infringing industrial property rights 
(trademark, design, patent, indications of geogra phical origin, and topographies of integrated 
circuits) and supervision of trade of goods on  which there are copyright and related rights. 
 IP/N/6/MNE/1 
 
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  In accordance with the Regulation on Amendm ents of the Regulation on Organization and 
Operation of the State Administration ("Offici al Gazette of Montenegro", No. 5/12 and 25/12) 
inspections that carry out supervision over implementation of legislation in the field of intellectual property rights - market inspection, inspection for medicines and medical devices, building 
inspection, tourist inspection, phytosanitary inspection and agricultural inspection were organized 
under the Directorate for Inspection Affairs dated on 01.06.2012.  
The procedure of the competent authority for the prot ection of intellectual property rights shall be 
initiated ex officio  or upon the initiative - request of the ho lder of intellectual property 
rights.  
The application of the right holder can be: 
 
 Individual, if it refers to a specific type and quantity of goods 
 General, when it refers to all quantities of certain goods for a certain period of 
time. 
 
The request of the right holder must contain a de scription of the goods with the data based on 
which goods infringing intellectual property rights can be identified, and proof that the applicant is a holder of intellectual property rights on  the goods to which the request relates. 
 
Also, the Article 12 of the Law on Enforcement of  the Legislation that Regulates Protection of 
Intellectual Property Rights stipulates acting of responsible inspector under the request of the right 
holder. Namely, responsible inspector is obliged to act upon the request and about supervision 
performed and any action taken, to inform the applicant in the written form within eight days from 
the date of request.  
If the applicant requests urgent action and the request contains sufficient information concerning 
the delivery of the goods suspected to infringe IP  rights, responsible inspector shall notify the 
applicant about the supervision performed and any action taken within three days as of the filing date. 
 
In the inspection control proceedings there is no  requirement for mandatory personal appearance 
of the right holder. Right holder in the inspecti on control proceedings can be represented by the 
legal representative or authorized representative. 
 In inspection control proceedings inspector ex officio establishes the facts and presents evidence. 
 
In order to determine the complete facts under provisions of the Law on Inspection Control, the inspector has the authority to review business re cords, buildings and facilities, equipment and 
devices, instruments of labor, goods in trade, the trade, business records, contracts and other 
public documents, takes samples that are needed to establish the facts, order appropriate 
measures and actions in order to ensure the exercise of supervision, temporarily revoke documents, objects and other things that are necessary for establishing facts, prohibit the 
performance of certain actions, to provid e enforcement of  imposed measures etc. 
 The opposing party is required at the request or  order of the inspector to deliver or prepare 
accurate and complete data, documents or other materials that are needed to perform the 
inspection within a period that will be specified.  Also, during inspection control proceedings opposing party may propose and submit evidences in 
order to determine complete and correct facts. 
 In performing inspection control proceedings the inspector is obliged to keep official secrets, which 
obligation is under the Law on Civil Servants and State Employees ("Official Gazette of 
Montenegro", No. 39/11) and The Code of Ethics of Civil Servants and State Employees.  
In performing inspection control proceedings the inspector does not require legal remedies. Legal 
remedies are available to the party in a proceeding. An appeal may be lodged against decision of the inspector within the prescribed period. The appeal does not delay the execution.   
 IP/N/6/MNE/1 
 
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  Law on Enforcement of the Legislation that  Regulates Protection of Intellectual  
Property Rights  ("Official Gazette of Republic of Montenegro", No. 25/05 and 
 "Official Gazette of Montenegro", No. 37/11, 40/11) 
 
Initiation of the Proceedings 
 
Article 7 
 
(1) Proceedings by the responsible authority for the protection of intellectual property rights 
shall be initiated ex officio  or upon the initiative-application (hereinafter referred to as: the 
application) of the right holder. 
 
(2) The law that regulates inspectorial supervision shall be applicable to all matters that are not 
specifically regulated by this Law. 
 
Proceedings upon an Application 
 
Article 12 
 (1) There shall be an obligation of the responsi ble inspector to act upon an application and to 
notify the applicant in writing about the supervision performed and any action taken within 
eight days as of the filing date. 
 (2) Where the applicant requests urgent action and where sufficiently specific information 
concerning allegedly infringing goods is provided, responsible inspector shall notify the 
applicant about the supervision performed and any action taken within three days as of the filing date. 
 
Security 
 
Article 13 
 
Where the measure referred to in Article 14 of this Law was taken in the proceeding initiated upon the application, the applicant shall, upon the requ est of the responsible inspector, provide a bank 
guarantee or an evidence of a deposit to a specially designated account, in an amount equal to any 
costs that may incur if the proceedings are discontinued owing to omission by the right holder or if it is determined, in the course of proceedings, that there was no infringement. 
 
Measures Taken by the Inspector 
 
Article 14 
 
(1) Where, in the course of inspectorial supervision proceedings, it was established that 
intellectual property rights were infringed by production or circulation of goods, medicines 
and medical devices, market inspector, inspector for medicines and inspector for medical 
devices shall be authorized to: 
 
1) temporarily prohibit production or activity; 
 
2) temporarily seize goods, medicines and medical devices. 
 
(2) Where the measures referred to in paragraph 1 of this Article were taken, responsible 
inspector shall immediately, but not later than within two days,  notify in writing the right holder and/or the applicant, in order to enable them to initiate a proceedings before the 
competent court for the protection of intellectual property rights. 
 (3) The right holder shall, not later than 15 days as of the day the notification referred to in 
paragraph 2 of this Article was served,  submit to the responsible inspector a proof  that the 
proceedings before the competent court have been  initiated, or that an interim measure has 
been ordered. 
 IP/N/6/MNE/1 
 
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  (4) Notification referred to in paragraph 2 of th is Article shall include the name and address of 
the person from whom the goods were seized, and of the owner, importer and manufacturer 
of the goods, if available, as well as of quantity, type of goods, etc. 
 
Compensation of Damages 
 
Article 17 
 
(1) The responsible authority and/or responsible inspector shall not be liable to compensate for 
any damages resulting from temporary seizure of goods upon the application of the right holder. 
 
(2) Where it was determined in the course of proceedings upon the application of the right 
holder that the goods were seized without justification, an applicant shall be liable to 
compensate to the person from whom the goods were temporary seized for any damages 
caused by such seizure. 
 
Destruction of Goods 
 
Article 18 
 
(1) Responsible inspector shall be authorized to destroy the goods, upon the court order or ex 
officio . 
 
(2) Responsible inspector may destroy temporary seized goods ex officio  if the owner of goods 
or the person from whom the goods were temporary seized is not accessible by the responsible inspector within 30 days as of the day of seizure of goods. 
 
 Provisional Measures 
(a) Judicial measures 
 
10. Describe the types of provisional measures that judicial authorities may order, and 
the legal basis for such authority. 
 
 
Copyright and Related Rights Act (Official Gazette of Montenegro, No. 37/11)  
 
Provisional measures 
 
Article 191 
 
The court may order any provisional measure to ensure the purpose of security, and in particular:   
 1) preventing activities that may result in infringements, 
 
2) prohibiting the continuation of an activity which constitutes or may constitute an 
infringement; 
 
3) seizing, excluding from the channels of commerce and take into custody the objects of 
infringement and the instruments principally used for the infringement. (paragraph 3) 
 
Patent Law (Official Gazette of Montenegro, No. 66/08, 40/10, 40/11)  
 
Provisional Measures 
 
Article 78 
 
(1) Upon the request of the plainti ff referred to in Article 76 of this Law, who makes it credible that 
his right is or will be infringed, the court ma y, pending a final decision, order the provisional 
measure of:  IP/N/6/MNE/1 
 
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1) seizure and/or withdrawal from the market of products made or obtained by patent 
infringement;  
 
2) seizure and/or withdrawal from the mark et of implements (equipment, tools) 
predominantly used in the production of infringing products;  
 
3) prohibition of the further performance of infringing acts.  
 
Law on Trademarks ("Official Gazette of Montenegro", No. 72/10, 44/12) 
 
Provisional measures 
 
Article 56 
 
At the request of a person that makes it probable that his/her registered trademark or the right arising from the registered trademark has been infringed or is about to be infringed, the court may 
order a provisional measure for seizure or removal from trade of infringing products, the 
equipment for manufacturing such products, and/or an injunction prohibiting the continuation of activities already commenced which could result in an infringement.  
Law on Legal Protection of Industrial Design ("Official Gazette of Montenegro", No. 80/10)  
 
Provisional Measures 
 
Article 47 
 
At the request of the person who makes it likely that his/her industrial design rights or the rights 
arising from the application have been infringed, or that such infringement is imminent, the court may order a provisional measure of seizure or withdrawal from circulation of the articles used in infringement and means for production of such articles, or the measure prohibiting continuation of 
any activities by way of which the infringement may be committed. 
 
Law on Indications of Geographical Origin  ("Official Gazette of Montenegro",  
No. 48/08, 40/11) 
 
Provisional Measure of Seizure or  Removal from the Circulation 
 
Article 60 
 
(1) Upon the request of the plaintiff who makes it probable that his appellation of origin or a 
geographical indication is or shall be infringed,  the court may, ending a final decision, issue a 
provisional measure of:    
1) Confiscation and/or withdrawal from the market of products made or obtained by 
infringement of an appellation of origin or a geographical indication;  
 
2) Confiscation and/or withdrawal from the market of implements (equipment, tools) 
predominantly used in the production of products infringing appellation of origin or a geographical indication;  
 
3) Prohibition of the further performance of acts infringing appellation of origin or a 
geographical indication.  
 
The Law on Protection of Undisclosed Information ("Official Gazette of Republic of 
Montenegro" No. 16/07 and "Official Gazette of Montenegro" No. 73/08) 
 
Article 13 
 In order to prevent violation of rights of the owner of undisclosed information referred to in Article 3 of  this Law, the court may order a provisional measure of prohibition of placing into the IP/N/6/MNE/1 
 
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  channels of commerce or withdrawing from the channels of commerce of any goods incorporating 
such information or any goods manufactured based on such information.   
11. In what circumstances may such measures be ordered inaudita altera parte ? 
 
 Copyright and Related Rights Act (Official Gazette of Montenegro No. 37/11)  
 
Provisional measures 
 
Article 191 
 
Upon request by the right holder, the court sh all order provisional measures to secure non-
monetary claims under this Act, provided the rights holder makes it probable to believe that: 
 
 1) he is the right holder under this Act, and   
 2) his exclusive right has been infringed or that such infringement is imminent. (paragraph 1) 
 The court may order provisional measures referred to in Par. (1) of this Article without prior notification or examination of the other party, where the delay would cause irreparable harm to the 
right holder in which case the parties must be informed once the measures have been implemented 
at the latest. (paragraph 2) 
 
Patent Law (Official Gazette of Montenegro, No. 66/08, 40/10, 40/11)  
 
Provisional Measures 
 
Article 78 
 (3) Where irreparable harm is likely to occur, or where it is imminent that that the evidence will be 
destroyed, the court may order a provisional measure without giving prior notice to or hearing the 
defendant, however the defendant must be notifi ed of the execution of the provisional measure 
without delay, but not later than five days from the execution of the provisional measure. 
(paragraph 3) 
 
Article 79 
 
(1) Upon request of the plaintiff referred to in Article 76 of this Law who makes it credible that his right has been infringed on or will be infringed on, or that such infringement is imminent or that irreparable harm is likely to occur, as well as th at there is a reasonable risk that the evidence of 
that will be destroyed or that it will not be possible to obtain it later on, the court may order a 
measure to secure evidence without giving prior notice to or hearing the person from which evidence is to be collected. (paragraph 1) 
 
Law on Trademarks  ("Official Gazette of Montenegro", 
No. 72/10, 44/12) 
 
Article 57 
 At the request of a person who makes it probable that its trademark or rights arising from the 
trademark application have been infringed, and th at there is reasonable suspicion that evidence 
thereof will be destroyed or that later it will no t be possible to obtain such evidence, the court may 
decide to secure evidence without prior notifica tion or hearing of the person from whom the 
evidence is to be collected. (paragraph 1) 
 IP/N/6/MNE/1 
 
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  Law on Legal Protection of Industrial Design  ("Official Gazette of Montenegro", 
No. 80/10) 
 
Article 48 
 
At the request of the person who makes it likely that his/her industrial design rights or rights arising from the application have been infringed, or that there is a reasonable suspicion that 
evidence thereof will be destroyed or that it will not be possible to obtain such evidence later on, 
the court may order a measure to secure evidence without giving prior notice to or hearing the person from which evidence is to  be collected. (paragraph 1) 
 
Law on Indications of Geographical Origin  ("Official Gazette of Montenegro",  
No. 48/08, 40/11) 
 
Article 60 
 (3) Where there is risk of irreparable harm being caused or where there is demonstrable risk of 
evidence being destroyed, the court may order a provisional measure without the defendant being 
heard, whereas the defendant must be notified of  the execution of the provisional measure without 
delay, but not later than five days from the exec ution of the provisional measure. (paragraph 3) 
 
Article 61  
 (1) At the request of the plaintiff who makes it cr edible that his/her right has been infringed, and 
that there is a reasonable doubt that the evidence of that will be destroyed or that it will not be 
possible to obtain it later on, the court may order a provisional measure to secure evidence without giving prior notice to or hearing the person from which evidence is to be collected. 
(paragraph 1) 
  12. Describe the main procedures for the init iation, ordering and maintenance in force 
of provisional measures, in pa rticular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
 
Copyright and Related Rights Act (Official Gazette of Montenegro No. 37/11)  
 
Provisional measures 
 
Article 191 
 
Upon request by the right holder, the court shall order provisional measures to secure non-
monetary claims under this Act, provided the ri ghts holder makes it probable to believe that: 
  1) he is the right holder under this Act, and  
 
 2) his exclusive right has been infringed or that such infringement is imminent.   
The court may order provisional measures referred to in Par. (1) of this Article without prior 
notification or examination of the other party, where the delay would cause irreparable harm to the right holder in which case the parties must be informed once the measures have been implemented at the latest.  
 
The court may order any provisional measure to ensure the purpose of security, and in particular:   
  1) preventing activities that may result in infringements, 
 
2) prohibiting the continuation of an activity which constitutes or may constitute an 
infringement; 
 
3) seizing, excluding from the channels of commerce and take into custody the objects of 
infringement and the instruments principally used for the infringement.  IP/N/6/MNE/1 
 
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The procedure for implementation of provisional me asures shall be subject to the law regulating 
enforcement procedure, unless otherwise provided by this Act.   
Expeditious procedures 
 
Article 195 
 
The proceedings for an infringement of copyright and related rights shall be urgent.  
Patent Law (Official Gazette of Montenegro, No. 66/08, 40/10, 40/11)  
 
Provisional Measures 
 
Article 78 
 (1) Upon the request of the plainti ff referred to in Article 76 of this Law, who makes it credible that 
his right is or will be infringed, the court ma y, pending a final decision, order the provisional 
measure of:   
1) seizure and/or withdrawal from the market of products made or obtained by patent 
infringement;  
 
2) seizure and/or withdrawal from the mark et of implements (equipment, tools) 
predominantly used in the production of infringing products;  
 
3) prohibition of the further performance of infringing acts.  
 
(2) A request for the grant of a provisional measure may be filed even before the instigation of the litigation, provided the litigation is subsequently instigated within thirty days from the execution of the provisional measure.  
 
(3) Where irreparable harm is likely to occur, or where it is imminent that that the evidence will be destroyed, the court may order a provisional measure without giving prior notice to or hearing the 
defendant, however the defendant must be notifi ed of the execution of the provisional measure 
without delay, but not later than five days fr om the execution of the provisional measure.  
 
(4) The court may instruct the applicant to furnish additional evidence of the patent infringement 
committed or of the demonstrable risk of patent infringement, and order him to provide a security in order to prevent any abuse.   
(5)An appeal against the court decision on the provisional measure referred to in paragraph 1 of 
this Article shall not stay the execution of the decision.   
(6) Appropriate provisions of the Law on Enforcement Procedures shall apply to those issues 
concerning the provisional measures that are not provided for by this Law.   
Law on Trademarks ("Official Gazette of Montenegro", No. 72/10, 44/12) 
 
Provisional measures 
 
Article 56 
 At the request of a person that makes it probable that his/her registered trademark or the right 
arising from the registered trademark has been infringed or is about to be infringed, the court may 
order a provisional measure for seizure or removal from trade of infringing products, the equipment for manufacturing such products, and/or an injunction prohibiting the continuation of 
activities already commenced which could result in an infringement. 
 The provisional measures referred to in paragraph 1 of the present Article and the securing of evidence referred to in Article 57 of the presen t Law may be requested even before initiating 
trademark infringement claim or infringement of the right arising from the application, provided IP/N/6/MNE/1 
 
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  the claim is initiated within a term of fifteen days  from the date of rendering the decision imposing 
provisional measure and/or the decision  ordering the securing of evidence. 
 An appeal against the court decision pronouncing the provisional measure referred to in 
paragraph 1 of the present Article shall no t delay the enforcement of the decision. 
 
Law on Legal Protection of Industrial Design ("Official Gazette of Montenegro", No. 80/10)  
 
Provisional Measures 
 
Article 47 
 
At the request of the person who makes it likely that his/her industrial design rights or the rights arising from the application have been infringed, or that such infringement is imminent, the court 
may order a provisional measure of seizure or withdrawal from circulation of the articles used in 
infringement and means for production of such articles, or the measure prohibiting continuation of any activities by way of which the infringement may be committed. 
 
Provisional measures referred to in paragraph 1 of  the present Article and the securing of evidence 
referred to in Article 48 of the present Law, may be requested prior to the filing of a lawsuit 
against the infringement of a protected industrial design or of the rights arising from the 
application, provided the lawsuit has been filed within a time period of fifteen days from the date 
of execution of the request for pronouncing a prov isional measure and/or the request for securing 
of evidence. 
 
An appeal against the court decision pronouncing the provisional measure referred to in paragraph 1 of the present Article shall no t delay the enforcement of the decision. 
 
Law on Indications of Geographical Origin  ("Official Gazette of Montenegro", No. 48/08, 
40/11) 
 
Provisional Measure of Seizure or  Removal from the Circulation 
 
Article 60 
 
(1) Upon the request of the plaintiff who makes it probable that his appellation of origin or a geographical indication is or shall be infringed,  the court may, ending a final decision, issue a 
provisional measure of:  
  
1) Confiscation and/or withdrawal from the market of products made or obtained by 
infringement of an appellation of origin or a geographical indication;  
 
2) Confiscation and/or withdrawal from the market of implements (equipment, tools) 
predominantly used in the production of products infringing appellation of origin or a 
geographical indication;  
 
3) Prohibition of the further performance of acts infringing appellation of origin or a 
geographical indication.  
 (2) A request for the grant of a provisional measur e may be filed even before filing an action, 
provided that the action is filed not later than 30 days from the execution of the provisional 
measure.  
 (3) Where there is risk of irreparable harm being caused or where there is demonstrable risk of 
evidence being destroyed, the court may order a provisional measure without the defendant being 
heard, whereas the defendant must be notified of  the execution of the provisional measure without 
delay, but not later than five days from the execution of the provisional measure.  
 
(4) The court may instruct the applicant to furnish additional evidence of the infringement of appellation of origin or a geographical indication or of the imminent risk of the infringement thereof, and order him to provide a security in order to prevent any abuse.  
 IP/N/6/MNE/1 
 
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  (5) An appeal against the court decision on the provisional measure referred to in paragraph 1 of 
this Article shall not stay the execution of the decision.   (6) Appropriate provisions of the Law on Enforcement Procedure shall apply to those issues 
concerning the institution of provisional measures that are not provided for by this Law  
 
The Law on protection of undisclosed information  ("Official Gazette of Montenegro"  
No. 16/07) 
 
Article 14 
 
(1) Provisional measure may be required even before filing an action. 
 (2) In case referred to in paragraph 1 of this Article, the court in decision which determines 
provisional measure shall set a deadline for the filing an action, which may not be less than 30 
days from the date of execution of provisional measures.  
(3) An appeal against the court decision on the provisional measure shall not stay the execution of 
the decision.   (4) Provisional measures referred to in paragraph 1 of this Article shall be repealed if a proceeding 
before the court for the solution of the main things is instituted within the deadline referred to in 
paragraph 2 of this Article.  
Article 15 
 The court may instruct the prosecutor, owner of unpublished data, to furnish additional security 
that sufficiently protect the defendant and prevent the abuse of rights. 
 
Article 16 
 
In the case of abrogation of provisional measure or termination of action due to an act or omission 
of the owner or when it is subsequently determined that there was no infringement or threat of infringement of the owner or risk of infringement  of the owner, the court may, at the request of 
the defendant, to order the defendant to reimbu rse the damage caused by the application of 
imposed measures.  
 
13. Describe provisions governing the length  and cost of proceedings. Provide any 
available data on the actual durati on of proceedings and their cost. 
Law on Civil Procedure  ("Official Gazette of Republic of Montenegro",  
No. 22/04, 76/06) 
 
Article 11 
 
The court shall conduct the procedure without any unnecessary delay, within reasonable period of 
time, with the lowest possible costs and shall also prevent any abuse of rights pertaining to the 
parties in the procedure. 
 
Costs Incurred in the Procedure on Securing of Evidence 
 
Article 165 
 
The party who has filed the motion for securing of evidence shall reimburse costs incurred in the 
procedure for the securing of evidence. He/she shall also reimburse costs to the adverse party or 
the temporarily appointed representative. 
 
The party may subsequently recover those costs as the part of litigation costs depending on the 
success in the litigation. IP/N/6/MNE/1 
 
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  Information on the actual duration of proceedings and their cost are not available, because there is 
no official record in Montenegro on these issues. 
 
 
(b) Administrative measures 
 
14. Reply to the above questions in relation to any administrative provisional 
measures. 
The Law on Enforcement of the Legislation that Regulates Protection of Intellectual Property Rights 
in Article 14 prescribes the measures that inspector can take when in inspection control 
proceedings assess that in the production and trad e of goods, medicines and medical devices, are 
infringed intellectual property rights. The inspector is authorized to:   
 Temporarily prohibit production or activity; 
 Temporarily seize goods, medicines and medical devices. 
 
In case of undertaking the measures, the competent inspector shall immediately, and no later than 
two days, notify the right holder or the applicant in a written form, in order to initiate proceedings before the competent court for the protection of intellectual property rights. 
 
Notification shall contain the data on the name and address or headquarter of the person from whom the goods were temporary seized, and the name and address of the owner, importer and manufacturer of the goods, if available, as well as of quantity, type of goods, etc. 
 
Under the Article 16 of the Law on Enforcement of  the Legislation that Regulates Protection of 
Intellectual Property Rights, it is prescribed: If the right holder i.e. the applicant within a deadline 
of 15 days as of the day the notification was serv ed, does not submit to the responsible inspector 
a proof that the proceeding before the competent court has been initiated or that a provisional 
measure has been ordered, temporary seized good s shall be released to the person from whom 
they were seized. 
 In the case where the proceedings were initiated before the competent court and the court did not 
order a provisional measure to prohibit the produc tion and trade of goods, temporary seized goods 
will be returned to the person from whom they were seized. When an evidence that the competent 
court has ordered a provisional measure is submitte d to a responsible inspector, the seized goods 
shall be treated in accordance with the court decision on provisional measures. 
 
As for the cost of the procedure, when the procedure is initiated ex officio  in accordance with the 
provisions of the Law on Inspection Control: 
 
 expenses of an inspection control proceeding, that ended favorably for the controlled entity, 
bears inspection authority, unless the law prescribes otherwise, 
 expenses of an inspection control proceeding that ended unfavorably for controlled entity 
covers the controlled entity,  
 expenses of an inspection control proceeding th at occurred due to illegal activities of the 
controlled entity covers the controlled entity, regardless of how the procedure ended.  
 
As for the costs of proceedings when the procedure is initiated at the request of the right holder, 
the costs of the proceedings shall be borne by the applicant, in accordance with the Article 11 of 
the Law on Enforcement of the Legislation that Regula tes Protection of Intellectual Property Rights.  
 Under the Article 17 of the Law on Enforcement of  the Legislation that Regulates Protection of 
Intellectual Property Rights, it is prescribed compensation of damages:  
 
 The responsible authority and/or responsible in spector shall not be liable to compensate for 
any damages resulting from temporary seizure of goods upon the application of the right 
holder. 
 If in the course of proceedings was determined  that the goods upon the application of the 
right holder were seized without justification, an applicant is obliged that to the owner of IP/N/6/MNE/1 
 
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  the goods i.e. the person from whom the g oods were temporary seized compensate for 
temporary seizure.  
 
Law on Enforcement of the Legislation that Re gulates Protection of Intellectual Property 
Rights  ("Official Gazette of Republic of Mont enegro", No. 25/05 and "Official Gazette of 
Montenegro", No. 37/11, 40/11) prescribes administrative protection  
of intellectual property rights. 
 
Subject matter of the Law where the article 1 prescribes that:  
Article 1 
 
(1) This Law shall designate authorities responsible to enforce the legislation that regulates protection of intellectual property rights, regulate procedures applicable to actions of responsible 
authorities where goods suspected of infringing in tellectual property rights are produced, bought, 
sold or placed into circulation, broadcasted or used  in any other way, and establish penalties for commercial offences and misdemeanors.  
 
(2) Provisions of this Law shall apply mutatis mutandis  to services and service providers. 
 
Measures Taken by the Inspector 
 
Article 14 
 
(1) Where, in the course of inspectorial supervision proceedings,  it was established  that 
intellectual property rights were infringed by prod uction or circulation  of goods, medicines and  
medical devices, market inspector, inspector for medicines and inspector for medical devices shall 
be authorized to: 
 
1) temporarily prohibit production or activity; 
 
2) temporarily seize goods, medicines and medical devices. 
 (2) Where the measures referred to in paragraph 1 of this Article were taken, responsible 
inspector shall immediately, but not later than within two days,  notify in writing the right holder 
and/or the applicant, in order to enable them to initiate a proceedings before the competent court for the protection of intellectual property rights. 
 
(3) The right holder shall, not later than 15 days as of the day the notification referred to in 
paragraph 2 of this Article was served,  submit to the responsible inspector a proof  that the proceedings before the competent court have been initiated, or that an interim measure has been 
ordered. 
 (4) Notification referred to in paragraph 2 of this Article shall include the name and address of 
the person from whom the goods were seized, and of the owner, importer and manufacturer of the 
goods, if available, as well as of  quantity, type of goods, etc. 
 
Release of Goods 
 
Article 16 
 
(1) Where the right holder, within a period referred to in Article 14, paragraph 3 of this Law did 
not notify the competent inspector the proof that the proceedings before the competent court have 
been initiated, or that an interim measure has been ordered, temporary seized goods shall be 
released to the person from  whom they were seized. 
 (2) Where the proceedings before the competent court have been initiated, but the court has 
not ordered any interim measures to temporary pr ohibit production or circulation of goods, 
temporary seized goods shall be released to  the person from whom they were seized. 
 IP/N/6/MNE/1 
 
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  (3) Where the responsible inspector was provided  with the proof that the competent court has 
ordered an interim measure, the responsible inspector shall dispose with temporary seized goods in accordance with such order.  
Compensation of Damages 
 
Article 17 
 
(1) The responsible authority and/or responsible inspector shall not be liable to compensate for 
any damages resulting from temporary seizure of goods upon the application of the right holder.  
(2) Where it was determined in the course of proceedings upon the application of the right 
holder that the goods were seized without justificat ion, an applicant shall be liable to compensate 
to the person from whom the goods were temp orary seized for any damages caused by such 
seizure. 
 
Law on Protection of Plant Varieties ("Official Gazette of the Republic of Montenegro"  
No. 48/07 and "Official Gazette of Montenegro" No. 48/08; 40/11) 
 
Article 52  
 
Inspection and surveillance over the enforcemen t of this Law shall be done by the competent 
authority through a phytosanitary inspector, in compliance with the Law.   
Article 53 
 
A phytosanitary inspector performs inspection and surveillance particularly in regard to: 
 
1) Examination of distinctness, stability or uniformity of varieties in the experimental 
field or laboratory of the examiner; 
 
2) Examiner's compliance with the conditions for examination of varieties in the 
experimental field or laboratory; 
 
3) Production and marketing of propagating material of varieties protected under the 
provisions of this Law; 
 
4) Imports and exports of propagating material of varieties protected; 
 5) Exercising the licence rights; 
 
6) Use of the protected variety denomination; 
 7) Sampling of propagating material, free of charge, for the purpose of establishing the 
compliance with the conditions as laid down by this Law. 
 
Administrative measures and actions 
 
Article 54 
 In addition to administrative measures and actions laid down by the law governing the inspection 
and surveillance, phytosanitary inspector, after determining that the law or regulation is violated, 
undertake the following administrative measures and actions:  
1) Prohibit placing on the market, import or export of propagating material of varieties, if it is 
established that the propagating material fails to meet the conditions as laid down by this Law;  
2) Prohibit the examiner the examination of varietie s in the experimental field or in the laboratory 
in case of failing to remove th e deficiencies as regards conditions laid down by this Law. 
  IP/N/6/MNE/1 
 
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  Special Requirements Rela ted to Border Measures 
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulat ion, in particular whether these procedures 
are available also in respect of goods wh ich involve infringements of intellectual 
property rights other than counterfeit trad emark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51) . Specify, together with relevant criteria, 
any imports excluded from the application of such procedures (such as goods from 
another member of a customs union, goods in transit or de minimis imports). Do the 
procedures apply to imports of goods put on the market in another country by or with 
the consent of the right holder and to goods destined for exportation? 
Specific requirements related to border measures  are regulated by the provisions of the Customs 
Law (Official Gazette of the Republic of Montenegro No. 7/02, 38/02, 72/02, 21/03, 29/05, 66/06 21/08) and Regulation on procedure of customs authority with the goods under suspicion of 
infringing of the intellectual property rights (Official Gazette of Montenegro No. 33/11) 
(hereinafter: Regulation).  
 
The customs authorities can take measures in all customs processes and procedures in cases: 
when the goods are declared for release for free circulation, export or re-export, found during the control of goods entering or exiting the cust oms territory of Montenegro, placed under a 
suspensive customs procedure, or placed in free zone or free warehouse. ( Article 1 paragraph 1 of 
Regulation ) 
 Goods infringing an intellectual property right ( in the meaning of the Article 2 paragraph 1 and 2 of 
Regulation ) are: 
 - counterfeit goods, (which includes – goods,  including packaging; any trademark symbol 
(including a logo, label, sticker, brochure, instructions for use or guarantee document 
bearing such a symbol, even if presented separately from goods) and packaging materials bearing the trademarks of counterfeit goods, even if presented separately from goods), 
 
- 'pirated goods', goods which infringe a patent, a supplementary protection certificate, a 
plant variety right,  designations of origin or geographical indications, semi-conductors topography right, in accordance with the distinct law that regulates these rights, and 
 
- mold or matrix which is specifically designed or adapted for the manufacture of goods 
infringing an intellectual property right, if the use of such molds or matrices infringes the 
right-holder's rights under the law 
 The measures for protection of intellectual property right shall not apply to:  
- original goods, bearing a trade-mark with the co nsent of the right-holder of that trademark, 
also including goods which have been manufactured under conditions other than those agreed with the right-holder, that is placed under one of the customs procedures or action 
without the consent of the right-holder, also including goods which have been manufactured 
under conditions other than those agreed with the right-holder, and 
 
- goods of a non-commercial nature which are contained in a traveller's personal baggage, if 
introduced in quantity and value, which is in  accordance with customs regulations exempt 
from customs duty and there are no material indications to suggest the goods are part of commercial traffic. ( Article 3 paragraph 1 item 1 and 2 of Regulation ) 
 
 16. Provide a description of the main elemen ts of the procedures relating to the 
suspension of the release of goods by custom s authorities, in particular the competent 
authorities (Article 51), the requirements fo r an application (Article 52) and various 
requirements related to the duration of su spension (Article 55). How have Articles 53 
(security or equivalent assurance), 56 (indemni fication of the importer and of the owner 
of the goods) and 57 (right of inspecti on and information) been implemented? IP/N/6/MNE/1 
 
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  The right-holder, shall submit to the Customs Administration application for action for protection of 
intellectual property right,  to the address of its headquarters, on the form, which is attached to 
Regulations and is filled in accordance with the Instructions for completing the form and submitting the request for taking measures to protect intellectual property rights, which is also the 
integral part of this Regulation. ( Article 4 paragraph 1 and 2 of Regulation ) 
 Content of the application and the information or ev idence to be submitted with the application are 
regulated by the provisions of Article 4 and 5 of the Regulation. The application must contain 
information which enable the customs authority to easily recognise the goods to which the application is related, especially: correct and detailed technical description of the goods, all information in possession of the right holder, in reference to the type or method of infringement of 
an intellectual property right, name and the address of contact person for administrative and 
technical issues ( Article 4 paragraph 3 ). The right holder shall also provide other data on original 
goods or goods under suspicion of infringing an intellectual property rights. ( Article 4 paragraph 4 
of Regulation ) 
 The right-holder is obligated, with application, to lodge the proof that his rights were registered, 
and that the same applies in Montenegro ( Article 5 of Regulation ) and statement of the right-
holder. ( Article 6 of Regulation ) 
 Customs Administration, within 30 working days following the lodging of the application, is 
bringing the decision on undertaking actions and su bmits it to the applicant in written form. This 
deadline is 3 working days when the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing 
goods infringing the intellectual property rights. ( Article 7 paragraph 1 and 2 of Regulation ) 
 Measures to protect intellectual property rights are granted for a period which cannot last longer 
t h a n  o n e  y e a r  o f  t h e  d a y  o f  d e c i s i o n .  T h i s  d e a d l i n e  r e f e r r e d  c a n  b e  e x t e n d e d  f o r  o n e  y e a r ,  
following the written request of the applicant, if it has been lodged prior the expiry of existing 
deadline, and if all the expenses, charged to the right holder, have been settled. ( Article 7 
paragraph 3 and 4 of Regulation ) 
 
With a declaration right-holder accepts responsibility for any damage that may result from his actions if the process is interrupted due to his actions or omissions or in the event that the goods 
in question are subsequently found not to infringe an intellectual property right. Within the 
declaration the right holder is obligated to bear  expenses related to the storing and keeping the 
goods withheld under the customs control. ( Article 6 of Regulation ) 
 
If the goods are temporarily detained under suspicion of infringement of right of industrial design, trademark, supplementary protection certificate or plant variety protection right, the declarant, owner, importer, holder or consignee of the good s, can, on provision of security, submit the 
request for the release of goods, the request for termination of detention of goods. The application 
can be lodged if the customs authority has been timely informed on initiation of the procedure at competent court, in accordance with Article 11 and 12 of Regulation, if by the deadline from 
Article 11, paragraph 1 and 2 of this Regulati on, the competent court has not appointed an 
provisional measure, and if the conditions for placing goods under a customs approved treatment or use are fulfilled. This security must be provid ed in the amount sufficient for protection of 
intellectual property rights and it shall not exclude use of other legal remedies available to the 
right-holder. The applicant is obligated prior the collection of goods to cover the expenses occurred in reference to the storing and keeping of goods. ( Article 13 of Regulation ) 
 
About the temination of customs allowed treatm ent or use of goods and about its temporary 
detention, the customs authority, without delay,  inform the right-holder and the declarant or 
holder of the goods. ( Article 8 - procedure following the application and Article 14 - ex officio 
procedure)  
 To the right holder and persons involved in some  of customs allowed procedure or use of goods, 
customs authority shall allow the inspection of temporary detained goods. ( Article 8 paragraph 5 of 
Regulation ) 
 
The right-holder is obligated, within 10 working days following the receipt of notification to 
notify the customs authority on initiation of proc edure at competent court due to infringement of IP/N/6/MNE/1 
 
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  intellectual property right. This deadline, following the justified request of the right-holder, can be 
extended for additional 10 working days. ( Article 11 paragraph 1 and 2 of Regulation ) 
 
If the right-holder within 10+10 working days (i.e. 3 working days in case of perishable goods) not 
notify the Customs Administration on initiation of procedure at competent court or fails to submit a 
simplified procedure for the destruction of goods, the competent customs authority shall proceed with the customs allowed procedure. ( Article 12 paragraph 1 of Regulation ) 
 
If the customs authority is notified within the deadline that the procedure at competent court has been initiated or that the court has decided on temporary action base on which the releasing goods is suspended, the customs authority shall delay the release of goods. ( Article 12 paragraph 2 of 
Regulation)  
  
17. Describe provisions governing the length  and cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost. How long is the validity of decisions by the competent author ities for the suspension of the release of 
goods into free circulation? 
When the customs authority is notified within th e deadline that the procedure at competent court 
has been initiated or that the court has decided on temporary action base on which the releasing goods is suspended, the release of goods shall delay until finalization of court proceedings. 
(Article 12 paragraph 2 of Regulation ) Therefore, the customs authority retains the goods until 
finalization of court proceedings.  
The right holder is obligated, without delay, and within eight working days following the receipt of 
decision of the competent court at the latest, to no tify the customs administration of finalization of 
court procedure at competent court. ( Article 16 of Regulation ) 
 
Statement, submitted to the Customs Administration in accordance with Article 6 of Regulation, the right-holder accepts liability for damages which may arise from his actions or omissions, and to bear expenses related to the storing and keeping the goods. ( Article 6 of Regulation ) 
 
 18. Are competent authorities required to act up on their own initiative and, if so, in 
what circumstances? Are there any special provisions applicable to ex officio action? 
When the customs authority suspects that the goods are infringing the intellectual property rights, 
it can terminate customs allowed procedure or use of goods, and temporarily detain the goods ex 
officio . The customs authority shall inform the applicant or holder of the goods, if they are known, 
on termination of customs allowed procedure or  use of goods, and its temporary detention. 
(Article 14 paragraph 1 and paragraph 3 of Regulation ) 
 
Customs Administration in written form, shall inform the right holder of temporary detention of 
goods, possible infringement of intellectual property rights, as well as possibility of submission of request within three working days from the receipt of that notification. ( Article 14 paragraph 2 of 
Regulation ) 
 Customs authority can, in accordance with the regulations and without disclosing information, 
apart from data on real or assumed quantity and ty pe of goods, prior notifying the holder of goods 
on possible infringement of its right, to request from the right holder to provide it with the information necessary for confirming suspicion of infringement of intellectual property right. (Article 14 paragraph 4 of Regulation ) 
 
If the right holder, within the deadline of 3 working does not submit the application for action for protection of intellectual property right, the cu stoms authority shall release the goods and continue 
to conduct requested customs allowed procedure or use of goods, in accordance with the customs 
regulations. ( Article 14 paragraph 5 of Regulation ) 
 
If the right holder within this deadline submits the application for action for protection of 
intellectual property right, the Customs Administration shall without delay adopt a decision on accepting the application in accordance with this Regulation. ( Article 14 paragraph 6 of Regulation ) IP/N/6/MNE/1 
 
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Deadlines for further action (10 working days, i.e.  3 working days) are count ed from the next day 
of the receipt of application. ( Article 14 paragraph 7 of Regulation )  
 
 
19. Describe the remedies that the competent authorities have the authority to order 
and any criteria regulating their use. 
The customs authority shall, in accordance with  Article 18 of Regulation, when the competent 
court adopts a decision that the goods infringing the intellectual property rights shall be destroyed or removed from regular trade flows, order the de struction of such goods under customs control or 
its removal from regular trade flows in some other manner (including giving away free of charge, 
in humanitarian purposes, recycling etc.), under condition that: 
  risks of future infringement of intellectual property rights are reduced to the highest 
extent possible; 
 no harm is done to the right holder; 
 right holder is allowed to suggest the procedure of removal of goods. ( Article 18 
paragraph 1 of Regulation ) 
 
Removal from regular trade flow shall not mean mere removal of stamps which were placed onto the counterfeit goods without authorization. ( Article 18 paragraph 2 ) 
 
Goods which, in accordance with this Regulation, ar e found to infringe an intellectual property right 
shall not be entered into the customs territory of Montenegro, released for free circulation, 
removed from the customs territory of Montenegro, exported from the customs territory of 
Montenegro, re-exported from the customs territory  of Montenegro, placed under the suspensive 
procedure, or placed in free zone or free warehouse. ( Article 15 of Regulation ) 
 
 Criminal Procedures 
20. Specify the courts which have jurisdiction over criminal acts of infringement of 
IPRs. 
 Basic Courts in Montenegro, as first instance courts,  
 High Court for appeals and  
 Supreme Court in Montenegro for extraordinary remedies. 
  
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available? 
Criminal Code ("Official Gazette of the Re public of Montenegro" No. 70/03, 13/04, 47/06 and the 
"Official Gazette of Montenegro" No. 40/08, 25/10  and 32/11) prescribes in Chapter Twenty One 
Criminal offences against intell ectual property as follows: 
 
Violation of Moral Rights of Authors and Performers 
 
Article 233 
 
(1) Anyone who in his own name or in the name of another person publicizes, in whole or in part, 
releases into circulation copies of someone else 's copyrighted work or performance or otherwise 
publicly discloses someone else's copyrighted work or performance shall be punished by a fine or a 
prison term up to three years. 
 
(2) Anyone who without a permit of the author changes or re-makes someone else's copyrighted 
work or recorded performance shall be punished by a fine or a prison term up to one year. 
 
(3) Anyone who releases into circulation copies of someone else's copyrighted work or performance in a manner which is insulting for the author or performer's honour and reputation 
shall be punished by a fine or a prison term up to six months. IP/N/6/MNE/1 
 
- 33 - 
 
   
(4) Objects of the criminal offence and objects th at were used for or intended for the commission 
of a criminal offence under paragraphs 1 to 3 above shall be confiscated and objects of the criminal offence shall be destroyed. 
 
(5) Prosecution for an offence under paragraph 3 above shall be instituted by a private charge.  
Unauthorized Use of Copyrighted Wo rks or Objects of Related Rights 
 
Article 234 
 
(1) Anyone who publicizes, records, duplicates or otherwise publicly discloses or makes available, 
in whole or in part, a copyrighted work, performa nce, phonogram, videogram, show or database 
shall be punished by a prison term up to three years. 
 
(2) The punishment under para. 1 above shall also imposed on anyone who releases into circulation, or with the intention of releasing into circulation, possesses copies of copyrighted 
works, performances, phonograms, videograms, show s or databases that have been duplicated or 
released into circulation without authorization.  (3) Where the offence under paras. 1 and 2 above was committed with the intention of acquiring 
pecuniary gain for himself or another person, the perpetrator shall be punished by a prison term 
from three months to five years.  
(4) Instruments for the commission of criminal offences and the instruments that were used for or 
intended for the commission of the criminal of fences under paras. 1 and 2 above shall be 
confiscated, and the objects resulting from the criminal offences shall be destroyed. 
 
Voluntary Noncompliance with Protection Measures Intended for Prevention of 
Violations of Copyright and Related Ri ghts and Rights Related Information 
 
Article 235 
 (1) Anyone who produces, imports, releases into circulation, sells, leases, advertises in the interest 
of sale or leases or keeps for commercial purposes any devices or means whose basic or main 
purpose is removal, circumvention or thwarting of technological measures intended for the prevention of violations of copyright and related rights or who uses such devices or means in the 
interest of violating copyright or related rights sh all be punished by fine or a prison term up to 
three years.  (2) Instruments for the commission of criminal offences and the instruments that were used for or 
intended for the commission of the criminal offence under para. 1 above shall be confiscated, and 
objects resulting from the criminal offence shall be destroyed.  
Unauthorized Removal or Modificati on of Electronic Information on 
Copyright and Related Rights 
 
Article 236 
 (1) Anyone who without authorization removes or alters electronic information on copyright and related rights, or releases into circulation, imports, broadcasts or otherwise publicly discloses or 
makes available a copyrighted work or object of related legal protection, from which electronic 
information on the rights was removed or modified  without authorization shall be punished by a 
fine or a prison term up to three years. 
 
(2) Instruments of the criminal offence and the inst ruments that were used for or intended for the 
commission of the criminal offences under para. 1 above shall be confiscated, and objects resulting 
from the criminal offence shall be destroyed. 
  IP/N/6/MNE/1 
 
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  Unauthorized Patent Use 
 
Article 237 
 
(1) Anyone who without authorization produces, imports, exports, offers in view of releasing into 
circulation, releases into circulation, stores or uses in commercial transactions a product or procedure protected by patent shall be punished by a fine or a prison term up to three years. 
 
(2) Where the offences under para. 1 above resulted  in pecuniary gain or damage exceeding thirty 
thousand euros, the perpetrator shall be punished  by a prison term from one to eight years. 
 
(3) Whoever without authorization publicizes or otherwise makes available the essence of someone 
else's reported invention before the invention was made public in the manner laid down by law shall be punished by a fine or a prison term up to two years. 
 
(4) Whoever without authorization files a patent application or does not indicate the inventor in the application or indicates him falsely shall be punished by a prison term from six months to five 
years. 
 (5) Instruments for the commission of criminal offences and instruments that were used for or intended for the commission of the criminal offenc es referred to in paras. 1 to 3 above shall be 
confiscated, and objects resulting from the criminal offence shall be destroyed. 
 
Misuse of Design 
 
Article 238 
 
(1) Anyone who without authorization uses, in whole or in part, someone else's registered or 
protected product design on their traded product shall be punished by a fine or a prison term up to three years.  
(2) Anyone who without authorization publicizes or otherwise makes available to the public the 
subject of someone else's design application before it was published in the manner laid down by law shall be punished by a fine or  a prison term up to one year. 
 
(3) Instruments for the commission of criminal offences and the instruments that were used for or intended for the commission of the criminal offenc es under para. 1 above shall be confiscated, and 
the objects resulting from the criminal offence shall be destroyed. 
 
Abuse of Trade Name 
 
Article 271 
 
Anyone who, with the intention to deceive buyers or service users, uses someone else's trade 
name, geographic indication of origin, trademark, protected designation, or special commodity 
mark, or copies individual features of these ma rks into his trade name, trademark or protected 
designation, or into his special commodity mark shall be punished by a fine or a prison term up to 
three years.  
  22. Which public authorities are responsible for initiating criminal proceedings? Are 
they required to do this on their own init iative and/or in resp onse to complaints? 
 
The Criminal Procedure Code (Official Gazette of Montenegro, No. 57/09 and 49/10)  
 
Obligation to File Charge  for Criminal Offence 
 
Article 254 
 (1) Persons acting in an official capacity and responsible persons in state authorities, local 
governance authorities, public companies and institutions shall file charge for criminal offences, IP/N/6/MNE/1 
 
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  subject to prosecution by virtue of office, of wh ich they have been informed or which they have 
learned while performing their office.  (2) The duty from paragraph 1 of this Article shall also be incumbent upon all natural and legal 
persons who are granted certain public powers pursuant to law, or are professionally involved in 
the protection and security provision to persons and property or in the health care of persons, as 
well as in jobs of minors care and education, if they learn about a criminal offence while 
performing or in connection with their profession. 
 (3) Persons filing a criminal charge from paragraph 1 of this Article shall indicate evidence to the best of their knowledge and take measures to pres erve traces of the criminal offence, the items 
upon which or by means of which the criminal offence has been committed, items resulting from 
the commission of criminal offence as well as other evidence.  
Filing Criminal Charge 
 
Article 256 
 
(1) Criminal charge shall be filed with the competent State Prosecutor whether in writing or orally.  (2) If the charge is filed orally, the informant shall be cautioned as to the consequences of false 
information. Oral charge shall be entered in a record, and where the information is filed over the 
phone or other means of electronic communication, an official annotation shall be made thereabout. 
 
(3) The charge filed with a court, the police authority or a State Prosecutor lacking jurisdiction, they shall receive the information and immediately forward it to the State Prosecutor having the 
jurisdiction. 
 
Law on State Prosecutor's Office  (Published in the "Official Gazette 
of the Republic of Montenegro", No. 69/2003 and "Official Gazette  
of Montenegro" No. 40/2008 and 39/2011) 
 
General Jurisdiction 
 
Article 17 
 
The State Prosecutor's Office shall perform the tasks of prosecution of perpetrators of criminal 
offences and other punishable offences prosecuted ex officio , file legal remedies falling within its 
jurisdiction and perform other affairs as prescribed by law.   
All criminal acts, enumerated in answer to th e question no. 21 (Articles 233, 234, 235, 236, 237, 
238, 271 of Criminal Code of Montenegro), are prosecuted ex officio , except for the offences under 
the Article 233 paragraph 3 in which case the prosecution is undertaken by private charge. 
 
 23. Do private persons have standing to initia te criminal proceedings and, if so, who? 
The Criminal Procedure Code (Official Gazette of Montenegro, No. 57/09 and 49/10)  
 
Reporting Criminal O ffences by Citizens 
 
Article 255 
 
(1) Everyone shall report a criminal offence which is prosecuted by virtue of office and is obliged to 
report a criminal offence the commission of which has caused detriment to a minor. 
 IP/N/6/MNE/1 
 
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  Criminal Code ("Official Gazette of the Republic of Montenegro" No. 70/03, 13/04, 47/06 and the 
"Official Gazette of Montenegro" No. 40/08, 25/10 and 32/11) 
 
Violation of Moral Rights of Authors and Performers 
 
Article 233 
 
(3) Anyone who releases into circulation copies of someone else's copyrighted work or 
performance in a manner which is insulting for the author or performer's honour and reputation shall be punished by a fine or a prison term up to six months. 
 
(5) Prosecution for an offence under paragraph 3 above shall be instituted by a private action. 
 
The Criminal Procedure Code (Official Gazette of Montenegro, No. 57/09 and 49/10) 
 
Deadline for Filing a Private Action 
 
Article 51 
 
(1) As regards criminal offences prosecuted upon a private action, the complaint shall be filed within three months as of the day when the private prosecutor, i.e. person referred to in Article 54 
of the present Code, learned about the criminal offence and the perpetrator. 
 (2) If a private action has been filed for the criminal offence of defamation, the accused person 
may, until the completion of the main hearing and after the expiration of the deadline referred to 
in paragraph 1 of this Article, file a complaint against the private prosecutor who committed defamation in return on the same occasion (counter-charge). In this case, the court shall render a 
single judgment. 
 
Filing a Private Action 
 
Article 52 
 
(1) A private action shall be filed with the competent court. 
 
(2) When the injured party has filed a criminal charge and in the course of the procedure it is ascertained that a criminal offence subject to private prosecution is involved, the charge shall be 
considered as timely private action if it was submitted within the deadline prescribed for a private 
action.  
Injured Party as a Prosecutor (Subsidiary Prosecutor) 
 
Article 59 
 
(1) When a State Prosecutor establishes that th ere is no basis for prosecution for a criminal 
offence that is prosecuted by virtue of office or that there is no basis to prosecute someone of reported accomplices, s/he shall inform the injured parties thereon within eight days, instruct them 
that they may take over the prosecution themselves and deliver them a decision on the rejection 
of the criminal charge, with the exception of ca ses referred to in Article 272, paragraph 5 and 
Article 273 of the present Code.  
(2) State Prosecutors shall proceed in the manner referred to in paragraph 1 of this Article when 
they issue an order on the cessation of investigation, whereas the court shall do so when they render a decision on the cessation of procedure due to the State Prosecutor's withdrawal of 
accusation. 
 (3) The injured party shall have the right to undertake, i.e., continue prosecution, within 15 days 
as of the receipt of notification referred to in paragraph 1 of this Article. 
 (4) If the State Prosecutor has withdrawn the indictment, the injured party may, when assuming the prosecution, abide by the existing indictment or file a new one. 
 IP/N/6/MNE/1 
 
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 24. Specify, by category of IPR and type  of infringement where necessary, the 
penalties and other remedies that may be imposed: 
 
 imprisonment; 
 monetary fines; 
 seizure, forfeiture and destruction of  infringing goods and materials and 
implements for their production; 
 other. 
Answered under 21 
 
 25. Describe provisions governing the length and any cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost, if any. 
On compensation of costs of procedure, the court decides in accordance with the provisions of the 
Criminal Procedure Code.  
 
In terms of the costs of representation, rewards and compensation of expenses for attorneys are 
determined by Advocates tariff. The compensati on is determined depending on the type of 
procedure in which attorney acts and types of services that provides. 
 
Criminal Procedure Code  (Official Gazette of Montenegro, No. 57/09 and 49/10)  
 
Right to a Prompt Trial 
 
Article 15 
 
(1) The accused persons shall have the right to be brought before the court in the shortest possible time and to a prompt trial.  
(2) The court shall be obliged to conduct the proc eedings without delays and to prevent all abuses 
of rights that are vested in participants in the proceedings.  
(3) The duration of detention and other forms of restrictions of freedom shall be reduced to the 
shortest necessary time. 
 
Types of costs 
 
Article 226 
 
(1) Costs of criminal proceedings are expenses incurred for the criminal proceedings, from its 
institution to its completion, and the costs of  the evidence gathering process preceding an 
investigation. 
 
(2) Costs of criminal proceedings shall include the following:  
1) costs of witnesses, expert witnesses, interp reters and specialists, and the costs of a crime 
scene investigation, reconstruction, exhumation, and costs of stenograph and typewriting and technical recording, and copies of records;  
2) transport costs of the defendant; 
 3) expenses incurred when bringing a suspect, defendant, witness, and expert witness; 
 
4) travel expenses of persons acting in an official capacity; IP/N/6/MNE/1 
 
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5) costs of medical treatment of a defendant while in detention as well as the costs of childbirth, except for the expenses which ar e charged from the health insurance funds; 
 
6) costs of technical examination of a vehicle, blood analysis, DNA analysis, urine analysis, 
or other medical analysis, as well as the costs of the transportation of a corpse to the place of autopsy, 
 
7) fees and necessary expenses of a defenc e attorney, necessary expenses of a private 
prosecutor and subsidiary prosecutor and their legal representatives, as well as fees and necessary expenses of their proxies; 
 
8) necessary expenses of the injured party and the legal representative thereof, as well as fees and necessary expenses of his/her proxy; 
 
9) an approximate sum for the expenses not included in the previous items.  
(3) An approximate sum shall be determined according to the duration and complexity of the 
proceedings and the financial situation of the person required to pay the sum.  (4) The costs referred to in paragraph 2, items 1 through 6 of this Article, as well as necessary 
expenses of the appointed defence attorney and ap pointed proxy of the subsidiary prosecutor from 
Article 64 paragraph 3, Article 69 paragraph 6 and Article 70 of the present Code, in the proceedings for criminal offences which are prosecuted by virtue of office shall be paid from the 
funds of the authority conducting the criminal  proceedings upon submitting a request for 
reimbursement of costs. These costs shall be late r paid by the persons required to compensate 
them pursuant to the provisions of the present Code. The authority conducting the criminal 
proceedings shall enter all the costs paid in advance in a list which shall be enclosed in the file. 
 (5) Where no criminal proceedings are eventually instituted, the costs arising from the evidentiary 
actions shall be borne by the authority under th e order of which such actions were performed. 
 
(6) The costs of translation/interpretation, incurred pursuant to the provisions of the present Code referring to the right of the parties to a case, witnesses and other participants in the proceedings 
to use their mother tongue, shall not be charged from the persons who, according to the 
provisions of the present Code, are due to comp ensate the costs of the criminal proceedings. 
 
Decision on Costs 
 
Article 227 
 
(1) The judgment and the ruling by which criminal proceedings are discontinued or the indictment 
is dismissed, shall contain a decision on the pers on to bear the costs of proceedings and to which 
amount. 
 
(2) If the data on the amount of costs is lacking,  the State Prosecutor or Chair of the Panel shall 
issue a separate ruling on the amount of those costs when such data are obtained. The data on the 
amount of costs that are lacking and a request for their compensation may be submitted not later 
than 15 days from the day of receipt of the final judgment or ruling referred to in paragraph 1 of this Article.  
(3) When a decision on the costs of the criminal proceedings referred to in paragraph 2 of this 
Article is made in a separate ruling, the Panel from Article 24 paragraph 7 of the present Code 
shall decide on the appeal against such ruling. 
 
(4) When criminal proceedings are not initiated or it is discontinued in the investigation phase, the issue of expenses shall be resolved by a State Pr osecutor. If the State Prosecutor does not accept 
the request for the remuneration of expenses or does not render a decision thereon within two 
months as of the day the request was submitted, the suspect, the accused person and the defence 
attorney may request the investigative judge to decide on the expenses. 
 IP/N/6/MNE/1 
 
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  Hidden Costs 
 
Article 228 
 
(1) The defendant, injured party, subsidiary prosecutor, private prosecutor, defence attorney, legal 
representative, proxy, witness, expert witness, interpreter, and specialist from Article 282 paragraph 8 of the present Code, regardless of the outcome of the criminal proceedings, shall bear 
expenses for bringing them before the court, postponing the evidence gathering process' action or 
main hearing , and other costs of the proceedings incurred by their own fault, as well as a proportional amount of the approximate sum.  
(2) A separate ruling shall be issued on the costs referred to in paragraph 1 of this Article, unless 
the issue of the costs borne by a private prosecut or and defendant is to be resolved within the 
decision on the merits of the case. 
 
(3) The Panel from Article 24 paragraph 7 of the pr esent Code shall decide on an appeal against 
the separate ruling referred to in paragraph 2 of this Article. 
 
Costs of the Proceedings When a Defendant is Found Guilty 
 
Article 229 
 
(1) When court finds a defendant guilty, it shal l pronounce in the judgment that the defendant 
shall cover the costs of the criminal proceedings which have been paid in advance from the funds 
referred to in Article 226 paragraph 4 of the present Code, as well as the costs of a private 
prosecutor, subsidiary prosecutor and their legal representatives, and fees and necessary expenses of their proxies. 
 
(2) A person charged with several criminal offences  shall not be sentenced to bear the costs with 
respect to the offences for which he was acquitted if such costs may be separated from the overall costs. 
 
(3) In a judgment finding several defendants guilty,  the court shall determine a proportion of the 
costs to be borne by each defendant, and, if this  is not possible, the court shall order that all the 
defendants be jointly liable for the costs. The payment of the approximate sum shall be 
determined separately for each defendant. 
 
(4) In a decision on costs, court may acquit the defendant from bearing the overall or partial costs 
of the criminal proceedings referred to in Article 226 paragraph 2 items 1 through 6 and item 9 of the present Code where the payment of these co sts could destitute the defendant or his/her 
dependant. If such circumstances become evident after the decision on costs has been rendered, 
the Chair of the Panel may, in a separate ruling,  release the defendant of the duty to reimburse 
the costs of the criminal proceedings.  
Costs of the Proceedings in Di scontinuation of Proceedings, 
Judgment of Acquittal or of Rejecting the Charges 
 
Article 230 
 
(1) When criminal proceedings are discontinued or a judgment of acquittal or rejecting the charges 
is rendered, the court shall pronounce in its decision on the discontinuation of proceedings or in 
the judgment that the costs of criminal proceeding s referred to in Article 226 paragraph 2, items 1 
through 6 of the present Code, as well as th e necessary expenses of the defendant and the 
necessary expenses of the accused party and th e necessary expenses and fee of the defence 
attorney, shall be paid from a separate budget allotment for the work of courts, save in the cases 
referred to in paras. 2 and 3 of this Article.  
(2) A person found guilty of false reporting offence shall reimburse the costs of the criminal 
proceedings that s/he prompted by the false reporting.  (3) A private prosecutor shall reimburse the costs of the criminal proceedings referred to in Article 
226 paragraph 2 items 1 through 6 and item 8 of th e present Code, the necessary expenses of the IP/N/6/MNE/1 
 
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  defendant and the necessary expenses and fees of his defence attorney if the proceedings are 
terminated by a judgment of acquittal or a judgment of rejecting the charges or a ruling 
discontinuing the proceedings, unless the proc eedings are discontinued or if the judgment 
rejecting the charges is rendered because of the de ath of the defendant or statutory limitations in 
place due to prolongation of the case that may no t be attributed to the private prosecutor. If the 
proceedings are discontinued because the Prosecutor withdraws the charges, the defendant and private prosecutor may settle their mutual claims. If there is more than one private prosecutor, all 
of them shall be jointly liable for costs. 
 (4) When a court rejects charges on the grounds that the court is not competent in a case, the decision on costs shall be made by the competent court. 
 
(5) The amount of necessary expenses of the a ccused person and necessary expenses and fee of 
the defence attorney shall be decided by the Presid ent of the Panel by way of a special ruling. An 
appeal against that ruling shall be decided by the Panel referred to in Article 24, paragraph 7 of 
the present Code.  
(6) The request for reimbursement of expenses referred to in paragraph 5 of this Article shall be 
submitted within fifteen days as of the day of rece ipt of a final decision referred to in paragraph 1 
of this Article. 
 
Fees and Necessary Expenses of Defence Attorney 
 
Article 231 
 
(1) Fees and necessary expenses of a defence attorney and proxy to a private prosecutor or injured party shall be borne by the person whom  they have represented regardless of who, 
according to the court decision, shall bear the costs of the criminal proceedings unless, pursuant to 
the provisions of the present Code, the fees and necessary expenses of the defence attorney shall 
be paid from the separate budget allotment fo r the work of courts. If court has appointed a 
defence attorney to the accused person, and the payment of fees and necessary expenses would 
impose a risk for the sustenance of the accused person or the sustenance of persons s/he is 
obliged to support, the fees and necessary expenses of the defence attorney shall be paid from the 
separate budget allotment for the work of courts. This shall also apply when a proxy to the 
subsidiary prosecutor has been appointed by court. 
 (2) A proxy who is not a member of the Bar or attorney in training shall not be entitled to a fee 
but only to the reimbursement of necessary expenses. 
 
Information on the actual duration of proceedings and their cost are not available, because there is 
no official record in Montenegro on these issues. 
 
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