CMS Expert Guide on Preliminary Injunctions in IP in Serbia

In cases of urgency, an interested party can seek a preliminary injunction (“PI”) as to provide provisional, but immediate legal protection. The court can determine a PI before, during or after the judicial or administrative procedure until the execution is carried out.

At the request of a party that makes it likely that its copyright (the rights of authors of literary, scientific, professional and artistic works, or related right (the right of interpreters, the right of the first publisher of a free work, the rights of producers of phonograms, videograms, broadcasts, databases and the right of publishers of printed editions) has been violated, or will be violated, the court may order a PI: 

1. Seizure or exclusion from circulation of the item that infringes the right;
2. Seizure or prohibition of the disposal of materials and items predominantly used in the creation of the item that infringes the right, or predominantly intended for the creation or production of products that infringe the right;
3. Prohibition of actions that infringe the right or that pose a serious threat of infringing the right. 

At the request of a party that makes it likely that its copyright or related right has been violated, or will be violated on a commercial basis, and demonstrates the existence of circumstances that could likely endanger the compensation for damages, the court may, in addition to the above-mentioned PIs, also order: 

1. Seizure of movable and immovable property of the person against whom the PI is proposed;
2. Prohibition of the payment of funds from the accounts of the person against whom the PI is proposed.

No. 

When a PI is ordered before the initiation of a lawsuit or another proceeding, the lawsuit or proposal for initiating another proceeding to justify the PI must be filed within 30 days from the date of the decision on the PI. 

The court will make a decision on the request for a PI within eight days from the date the request is submitted.

Yes, in certain cases, upon the request of the defendant, the court may suspend the enforcement proceedings and revoke the PI and all actions carried out:

1. If the applicant fails to file a lawsuit or initiate another proceeding to justify the PI within the time frame set by the PI;
2. When the duration of the PI expires;
3. If the conditions under which the PI was ordered have changed to the extent that it is no longer necessary;
4. If the defendant deposits with the court or the public enforcement officer the claim being secured, along with interest and procedural costs;
5. If the defendant proves that the claim has been paid or sufficiently secured;
6. If it is definitively determined that the claim did not arise or has ceased to exist.

In order for a temporary measure to be ordered, the party must make it likely that:

1. Their copyright or related right has been violated, or
2. Their copyright or related right will be violated, or
3. Their copyright or related right will be violated on a commercial basis, and they must make it likely that there are circumstances that could endanger the compensation for damages.

In the case referred to in point 3, the court may order the submission of banking, financial, business, or other essential documents and data, or may order access to those documents and data.

Yes, the court may order a PI immediately upon receiving the request for a PI and without prior statement from the counterparty, especially if there is a risk that, due to delay, the applicant will suffer irreparable harm,  to eliminate an imminent danger of unlawful damage to property, loss, or serious endangerment of a right or to prevent violence.

Yes, the counterparty is obligated to compensate the applicant upon their request, for the costs incurred by the applicant in conducting the enforcement proceedings or the proceedings for securing the claim. In such case the resolution ordering the PI contains the decision on costs.

Providing a security deposit is not a requirement in general. However, the court may, upon the proposal from the counterparty, require payment of an appropriate amount as security in case the defendant is entitled to damages.

An appeal against the decision determining a PI is allowed and a timely appeal does not suspend the execution of the decision.

Further, the objection is filed in the following two cases: (a) if only the decision on costs is contested, (b) against a decision ruling on a motion to extend the duration of a PI.

This cannot be predicted with certainty, it can take from 1-2 months to a year or even more.  

A PI becomes effective when the decision ordering it is delivered to the person who is obligated to do something, refrain from doing something, or endure something.

A PI that specifies a deadline for the defendant or someone else to take action becomes enforceable when the specified deadline expires without success.

Usually, compliance with a PI is ensured by enforcement measures, and the available legal measures depend on the type of interim measure ordered by the court. For example, if an interim measure prohibits the disposal of an asset, money in a bank account or real estate, the public enforcement officer will freeze the money in the bank account or register the prohibition in the land register. A fine may also be imposed and can be repeated until compliance is achieved. Finally, the applicant may request compensation for the damage suffered from the party that was obligated to comply with the PI but failed to do so.

Yes, the defendant has the right to be compensated by the applicant for the damage caused by a PI that was not justified or for which the applicant failed to provide justification.

The right to compensation for damages is exercised in a civil lawsuit.

Yes. When a PI is ordered before the initiation of a lawsuit or another proceeding, the lawsuit or the proposal for initiating another proceeding to justify the PI must be filed within 30 days from the date the decision on the PI is made.

If the lawsuit is not filed within the time frame mentioned or if another proceeding to justify the PI is not initiated, the court will, upon the request of the party against whom the PI was ordered, suspend the proceedings and revoke the actions that were carried out.