Injunctions
In case of industrial property rights the Court may order the infringer to desist from a preparatory act for an infringement and the infringement itself (Industrial Property Act, Article 121(1)(a)).
In case of copyright and related rights: the Court may order the infringer to desist from a preparatory act for an infringement and the infringement itself (Copyright and Related Rights Act, Article 167(1) p.1)).
Damages, including recovery of profits, and expenses, including attorney's fees
In case of industrial property rights: damages including recovery of the profits, and expenses, including attorney's fees. The infringer shall pay to the owner of the right damages in the amount to be defined under general rules on compensation for damage, or the amount which is equal to agreed or customary license fee (Industrial Property Act, Article 121). Damages include recovery of profits and expenses (Obligations Code, Official Gazette RS, No 81/2001, 32/2004, 28/2006, Act, Articles 164, 168, 169). The winning party is entitled to recover from the opposing party all expenses due to the procedure, including attorney's fees (Code of Civil Procedure, Articles 151, 154(1)). The criterion for this is the actual existence of damage expenses.
In case of copyright and related rights: damages including recovery of the profits, and expenses, including attorneys fees. The infringer shall pay to the owner of the right damages in the amount to be defined under general rules on compensation for damage, or the amount which is equal to agreed or customary royalty or remuneration for legitimate use of such kind (Copyright and Related Rights Act, Article 168(1),(2)). Damages include recovery of profits and expenses (Obligations Code, Articles 164, 168, 169). The winning party is entitled to recover from the opposing party all expenses due to the procedure, including attorney's fees (Code of Civil Procedure, Articles 151, 154(1)). The criterion for this is the actual existence of damage expenses.
Destruction or other disposal of infringing goods and materials/implements for their production
In case of industrial property rights: the court may order that the: a) objects of infringement be recalled from the channels of commerce taking into account the interests of bona fide third parties, b) objects of infringement or the means of infringement that are owned by the infringer and intended or used exclusively or principally for infringement be destroyed (Industrial Property Act, Article 121(1)(b)(d)(e)).
In the case of copyright and related rights: the court may order that the: a) objects of infringement be irrevocably recalled from the channels of commerce, taking into account the interests of bona fide third parties, b) objects of infringement or the means of infringement that are owned by the infringer and intended or used exclusively or principally for infringement be destroyed (Copyright and Related Rights Act, Article 167(2), 167(4)(d), 167(5).
Any other remedies
Publication of the judgement: Industrial Property Act, Article 121(1)(g); Copyright and Related Rights Act, Article 167(1)(1)).
Moral damage
In case of industrial property rights - the inventor or designer may file an action for recognition of the right to be named (Industrial Property Act, Article 118).
In case of copyright and related rights: The Court may award the author or performer equitable monetary satisfaction for non material damage (Copyright and Related Rights Act, Article 169).
Punitive damages
In case of infringement of copyrights and subject to special conditions, the Court may order that the infringer pays to the right holder a royalty increased by up to 200%. The criteria are: (i) that an infringement has occurred intentionally or by gross negligence, (ii) the degree of culpability, (iii) the amount of agreed or customary remuneration, (iv) the achievement of a general preventive purpose sought by award of punitive damages (Copyright and Related Rights Act, Article 168(3), 168(4)).