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Zivko Mijatovic & Partners

Montenegro – Important Decision on Copyright Infringement

February 22, 2019

ZMP is proud to announce to have obtained a successful judgement in a landmark copyright infringement case.

The case was based on the infringement of copyright owned by a renowned Croatian company, Franck d.d..

In the court proceedings which lasted just under 11 months, we successfully proved that the infringer (a local Montenegrin company) violated copyright through unauthorised adaptation of a work of art – coffee brand trade dress:

Original   Unauthorised Adaptation
Vs.

To our knowledge, this is the first time that a case involving the described type of copyright infringement has been decided by the Commercial Court of Montenegro.

This decision was confirmed by the Court of Appeal of Montenegro and further strengthens the positive legal practice in the domain of copyright.

By Rajka Vukčević and Nikola Kliska.

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