Simplified Customs Procedure as of January 1, 2012 in Montenegro

The new decree concerning the goods suspected of infringing intellectual property rights came into force in Montenegro on July 16, 2011, and will be applied as of January 1, 2012.

The new decree makes it possible for IP right holders to destroy the seized goods without initiating a court proceeding. In order to initiate destruction, the written consent of the infringing goods owner is enough.

Apart from the explicit owner’s consent, the decree also introduces the implied consent. Namely, if the owner does not object to the destruction within 10 days from the receipt of the customs notification, he will be deemed to have given the consent. The destruction will be conducted at the IP right holder’s expense.

The former decree, still in force until the end of the year, requires the court decision in order to proceed with the destruction of infringing goods. It currently takes up to one year to obtain the court decision.

Another novelty is that the customs watch application must be followed by a statement, in written or electronic form, in which the right holder accepts responsibility for damages which may arise from his actions or omissions or if it is subsequently determined that the goods do not infringe IP rights. This statement obligates the IP right holder to bear all expenses for the storage and maintenance of the seized goods.

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

Source: Official Gazette of Montenegro 33/11