WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/l/HRVID/l 
29 May 2001 
(01-2675) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
CROATIA 
The present document reproduces the textl of the Industrial Design Law, as notified by 
Croatia under Article 63.2 ofthe Agreement (see document IP/N/IIHRVIl). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CROATIE 
Le présent document contient le textel de la Loi sur les dessins et modèles industriels, notifiée 
par la Croatie au titre de l'article 63:2 de l'Accord (voir le document IP/NIlIHRVIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ÂRRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
CROACIA 
En el presente documento se reproduce el textol de la Ley de Dibujos y Modelos Industriales, 
notificado por Croacia en virtud dei parrafo 2 deI articulo 63 deI Acuerdo (véase el documento 
IP/N/lIHRVIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OMC./En inglés solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPIN/lIHRV/DIl 
Page 2 
INDUSTRIAL DESIGN LAW 
Part One 
BASIC PROVISIONS 
Content of the Law 
Article 1 
This Law regulates the protection of product design, defines the requirements and 
procedure for acquiring industrial design rights, rights and obligations of the right 
holders, infringements of rights, duration, cancellation and termination of rights, and 
judicial protection. 
Subject Matter of the Protection 
Article 2 
(1) lndustrial design right shall protect the three-dimensional or two-dimensional 
design of the whole or a part of a product to the extent that it fulfils the requirements as to 
novelty and individual character. 
(2) For the purpose of this Law the term design shall mean the appearance (outer 
look) of a product, or the part thereof, characterised by its visible features, in particular: 
shape, contours, colour composition, texture, lines, motives, or a combination of these 
features. 
(3) For the purpose of this Law the term product shaH mean any article 
manufactured by industry or handicraft. 
(4) A design incorporated in or applied to a product which embodies a part 
intended for incorporation in a complex product may be protected by an industrial design 
right, if the incorporated part, for the design ofwhich protection is sought, remains visible 
during normal use of the complex product, and if the visible features of the incorporated 
part, taken individually, fulfil the requirements as to novelty and individual character. 
(5) Normal use under the preceding paragraph of this Article shaH mean a use 
with purpose by the user of the product and shall exclude the maintenance and repair of 
the product. 
N ovelty of Design 
Article 3 
A product design shall be deemed new if it is not identical ta any design available 
ta the public prior to the filing date of the application or, if priority has been claimed, 
prior to the granted date ofpriority. lndividual Character of Design 
Article 4 IPIN!1/HRV lD!l 
Page 3 
(1) A product design shall be considered to have individual character if the overall 
impression it produces on the user of the product substantially differs from the overall 
impression produced on such a user by any design which was previously available ta the 
public. 
(2) A product design shall not be eonsidered to have individual character for the 
sole reason that it relates ta other products. 
(3) In assessing individual character of a product design, the degree of freedom of 
the designer in developing the new product design shall be taken into consideration. 
Availability to the Public 
Article 5 
(l) For the assessment of novelty and individual character of a product design 
under the Articles 3 and 4 of this Law, the design shall be deemed to have been made 
available to the public: 
1. if it has been published following the application or the grant of the industrial 
design right or otherwise, or 
2. if it has been exhibited or used in trade, or 
3. if it has been disclosed otherwise, in the normal course of business that has 
made it known to the relevant business circles in the Republic of Croatia. 
(2) There shall be no effect on the assessment of the novelty and individual 
character within the meaning of Articles 3 and 4 of this Law when, for no more than 
twelve months prior to the filing date of the application, respectively if the priority was 
claimed prior to the granted priority date, it was made available to the public by the 
designer, his successor in title or a third party as a result of the data provided or the 
activities undertaken by the designer or his suecessor in title. 
(3) Paragraph (2) of this Article shall also apply in the case when a design has 
been made available to the public by a third person who acquired the information on the 
product design in an unauthorised manner or to whom it has been disclosed as 
confidential information. 
Protection Requirements -Absolute Grounds for Exclusion 
Artiele 6 
An industrial design right shall not protect a product design which: 
1. is not the subject matter of the protection under Article 2 ofthis Law; 
2. is contrary to the public order and morality; 
3. exclusively presents the technical plan or scheme; 
4. exclusively presents the cartographie or photographic work; 
5. contains, embodies or substantially imitates a national coat or any other public 
coat of arms, a flag or an emblem, the name or abbreviated name of a country or 
international organization, unless with the consent of the competent authority of that 
country or organization; IPIN/l/HRVID/1 
Page 4 
6. contains, embodies or substantially imitates the figure of a famous person, 
unless with the consent of this person or the competent authority or a person empowered 
to care of the image of a deceased famous person 
Protection Requirements -Relative Grounds for Exclusion 
Article 7 
(1) An industrial design right may not protect a product design: 
1. which is not new under Articles 3 and 5 ofthis Law; 
2. which has no individual character under Articles 4 and 5 ofthis Law; 
3. which is exclusively dictated by the type of that product or the product into 
which it is to be incorporated, or by technical or functional characteristics necessary for 
the achievement of a certain technical result or normal function of any of these products. 
(2) An industrial design right may not protect a product design that infringes the 
earlier acquired rights of the holders specified under Article 24, paragraph (1), 
subparagraphs 1 to 5 ofthis Law. 
(3) Grounds for the exclusion from the protection by industrial design right under 
paragraph (2) of this Article may be invoked only by the applicant of the earlier 
application or the holder of the earlier right. 
Persons Entitled to the Acquisition of lndustrial Design Right 
Article 8 
(1) The designer or his successor in title are entitled to initiate the procedure and 
acquire the industrial design right under this Law. 
(2) If the designer is not the applicant for industrial design, the applicant shall be 
deemed entitled unless otherwise is proven. 
(3) If several designers have jointly created an industrial design, ail the designers 
or their successors in title shaH be deemed authorized pers ons, or joint holders of rights 
by the subsidiary application of the Law on Ownership and Other Proprietary Rights 
(Narodne novine: the Official Gazette of the Republic of Croatia, No. 91/96). The joint 
holding of rights shall be established in proportion to the contributions of the designers 
unless otherwise agreed. If the contributions of the designers have not been fixed, they 
shaH be deemed equaI. 
(4) A pers on who has only provided technical assistance in the creation of an 
industrial design shall not be deemed as designer. 
Equal Status of Foreign Natural and Legal Persons 
Article 9 
Foreign natural and legal persons shalI enjoy under this Law equal rights as those 
enjoyed by the nationals of the Republic of Croatia or legal entities having their seat in 
the Republic of Croatia, ifthis results from the international treaties binding the Republic 
of Croatia or from the application of the principle of reciprocity. Part Two IPINIl/HRV/DIl 
Page 5 
PROCEDURE FOR THE GRANT OF THE INDUSTRIAL DESIGN RIGHT 
The Office Authority 
Article 10 
(1) Administrative procedures relating to the industrial design protection shall be 
performed by the State Intellectual Property Office (hereinafter: the Office). 
(2) Administrative decisions made by the Office may not be appealed against, but 
an administrative lawsuit may be instituted. 
Filing of the Application 
Article Il 
(1) The procedure for the grant of an industrial design right shall be initiated by a 
submission containing a request to the grant of industrial design right and other specifie 
elements prescribed by this Law (hereinafter: industrial design application). 
(2) If the application relates to one design (hereinafter: individual application), the 
design may be applied to one or to several products. 
(3) If the application relates to several different designs (hereinafter: multiple 
application), ail the designs for which protection is sought must relate to the products 
classified under a single subclass under the Locarno Agreement Establishing an 
International Classification for Industrial Designs (hereinafter: the International 
Classification). 
The Content of an Application (minimum requirements) 
Article 12 
(1) An industrial design application shall contain: 
1. a request for the grant of an industrial design, 
2. indications allowing the identity of the applicant to be established. 
3. a photograph or a graphical representation of the design for which protection is 
sought, 
4. indications sufficient to contact the applicant or his representative, if any, by 
mail, 
5. an indication as to the products to which the design shall apply under the 
International Classification, 
6. an indication as to the single or multiple application, and in the case of the 
multiple application, the indication of a total number of designs for which the protection 
is requested. 
(2) Should the request to deferment of publication of the industrial design 
application be filed under Article 23, paragraph (1) of this Law, the design may be 
presented by a pattern of the product itself or its part instead of on a photography or a 
graphical representation. 
(3) An application shall be ·deemed to have been filed if it complies with the 
requirements referred to in paragraphs 1 and 2 ofthis Article. IPINIl/HRV/DIl 
Page 6 
(4) Other components and supplements to the application shall be filed in the way 
and in the number of copies as provided by the Regulations whereby the implementation 
ofthis Law has been regulated (hereinafter: the Regulations). 
Division of lndustrial Design Application 
Article 13 
(1) A multiple industrial design application at the applicant's request during the 
grant procedure of the industrial design may be divided into two or more applications, 
each ofwhich refers to one or several designs. 
(2) The divided applications maintain the same priority right as the divided 
multiple application. 
Filing Priority 
Article 14 
If an industrial design application has been filed in compliance with Article 12, 
paragraphs (1) and (2), the applicant shall acquire the priority right on the basis of the 
application filing date over any other applicant filing the industrial design application at a 
later date for the identical design within the meaning of Article 3 of this Law, or a design 
differing only in minor details within the meaning of Article 4 ofthis Law. 
Union Priority Right 
Aliicle 15 
(1) If the applicant of industrial design has filed the application for the first time in 
the member state of the international union founded by the Paris Convention for the 
Protection of Industrial Property (hereinafter: the Paris Union), he may, when filing the 
application for the same industrial design in the Republic of Croatia, invoke the date of 
the first filing, provided that the application was filed in the Republic of Croatia within 
six months starting from that date. 
(2) The applicant invoking the union priority right shall in the application filed to 
the Office, indicate the substantiality of the application he is invoking (State, date and 
number of the application) and shall at the latest, within three months from the filing date 
of the application to the Office, attach thereto a true copy of the first application certified 
by the competent authority of the Paris Union State member, as well as a Croatian 
translation thereof. 
Exhibition Priority Right 
Article 16 
(1) If the applicant has exhibited the products contaII11ng or embodying the 
industrial design at an official or officially recognized international exhibition in the 
Republic of Croatia or in any of the member states to the Paris Union, he may request that 
the date of the first exhibition day of the products be accorded as the date of the first 
application, provided that the application is filed in the Republic of Croatia within six 
months from that date. IPIN/1/HRV/D/1 
Page 7 
(2) The applicant invoking the exhibition pnonty right shall furnish with the 
application filing to the Office a certificate issued by a competent authority of the Paris 
Union member state indicating the type of the exhibition, the venue thereof, its opening 
and closing dates and the first day of the exhibition of the products specified in the 
application and a certificate on identity of the product design as exhibited and as applied 
for. 
Examination of the Correctness of lndustrial Design Application 
Article 17 
(1) The examination pro cess of the correctness of industrial design application 
includes the examination of ail the formai and legal requirements provided by this Law. 
(2) An industrial design application shall be correct: 
1. if a single or a multiple application has been filed under Article Il, paragraph 
(2) and paragraph (3) ofthis Law; 
2. if the prescribed application fee and the proceeding fee have been paid, 
respectively the prescribed fee for the request of application publication deferment under 
Article 23, paragraph (1), and the evidence of payment thereof attached thereto, 
3. if it is drafted in the manner as to contain ail the necessary components and 
supplements under Article 12, paragraph (1), paragraph (2) and paragraph (4) ofthis Law, 
4. if an orderly power of attorney is supplemented in case the application has been 
filed through a representative. 
Correction of an lndustrial Design Application 
Article 18 
(1) If the application complies with the requirements under Article 12, paragraphs 
(1) and (2) of this Law, but has not been filed in a way as to contain ail the necessary 
components and supplements in compliance with this Law and the Regulations, the 
Office shall invite the applicant to remedy it within 60 days from the date of the receipt of 
the invitation. 
(2) If the applicant remedies the application within the prescribed term, it shaH be 
deemed to be COITect from the outset. 
(3) If the application do es not comply with the requirements under Article 12, 
paragraph (1) and paragraph (2) of this Law, it shaH not be deemed an industrial design 
application and the Office shal1 invite the applicant to supplement the filed request within 
the term referred to in paragraph (1) ofthis Article. 
(4) The date of receipt of the corrected application of industrial design under 
Article 12, paragraph 1 and paragraph 2 of this Law, shaH be deemed as the day for 
establishing priority under Article 14 ofthis Law. 
Extension of the Time Limit 
Article 19 
At the reasoned applicant' s request, the term under Article 18, paragraph (1) of 
this Law may be extended for not more than 60 days out of justified reasons. IPIN/l/HRV/Dil 
Page 8 
Rejection of the Application 
Article 20 
If the applicant of the industrial design shall not within the prescribed term 
comply with the invitation and shall not remedy the application under Article 18, 
paragraph (1) and paragraph (3) of this Law, the application shall be rejected by a 
decision. 
Refusai or Partial Acceptance of an Industrial Design Application 
Article 21 
(1) If the design for which the industrial design application is filed has been 
excluded or partially excluded from protection for the reasons specified in Article 6 of 
this Law, the Office shall issue a decision on refusai or a decision on partial acceptance of 
the application. 
(2) The decision on the refusai or the decision on the partial acceptance of the 
industrial design application may not be issued if the applicant has not been previously 
notified in writing and invited to declare on the reasons for the exclusion of the proposed 
design from protection, entirely or partially. 
(3) The industrial design applicant shall have the right to make a declaration on 
the reasons for the exclusion of the design from protection within 60 days from the day of 
the receipt of a written notification and to submit evidence on the possible new facts that 
might influence the final decision of the Office. 
(4) At the applicant' reasoned request, the term referred to in paragraph (3) ofthis 
Article may, out of justified reasons, be extended for not more than 60 days. 
Publication of the Application 
Article 22 
(1) If an industrial design application complies with ail the requirements related to 
the correctness of the application under Article 17, paragraph (2), if the product design is 
not excluded from the protection under Article 6 of this Law and if the prescribed 
publication fee has been paid, the application data shaH be published in the Office 
Official Gazette. 
(2) The publication of the industrial design application shaH be deferred if the 
applicant filed with the application a publication deferment request under Article 23 of 
this Law. In this case only the information shall be published that the application has been 
filed. 
(3) The content of the data from the application and the data on the application for 
which the publication deferment has been requested and which are to be published in the 
Office Official Gazette, shaH be prescribed by the Regulations. 
Deferment of the Application Publication 
Article 23 
(1) The applicant of the industrial design application for two-dimensional 
industrial design may together with· its application file a request for deferment of the 
publication of the application for a term of 12 months counting from the date of filing the 
application and the request to the Office. IPlNllIHRVlD1l 
Page 9 
(2) In the case under paragraph (1) of this Article the Office shall upon the 
expiration of the term for deferment of the application publication, invite the applicant to 
furnish the photographs or the graphie representations of the two-dimensional designs 
from the application within a tenu of30 days from the date of the invitation receipt. 
(3) Should the applicant of the industrial design not comply with the invitation 
referred in the preceding paragraph of this Article, the protection shall cease on the 
expiration date of the deferment term of the application publication. 
Opposition 
Article 24 
(1) An opposition relating to the published industrial design application may, 
within three months counting from the date of publication, be filed to the Office: 
1. by the holder of an earlier industrial design, or by the applicant of an earlier 
industrial design application; 
2. by a person who at the time of filing the industrial design application had a 
trade name provided that this trade name or the essential part thereof is identical to the 
published design or is substantially imitated by the published design; 
3. by a natural person whose name and family name, or the image is identical to 
the published design or is essentially imitated by the published design; 
4. by the holder of an earlier industrial property right, if the subject of such a right 
is identical to the published design or is essentially imitated by the published design; 
5. by any person having a copyright in the work which is identical to the published 
design or is substantially imitated by the published design; 
6. by any interested person who considers that the published design has not met 
the requirements as to novelty or individual character or is exclusively dictated by the 
kind or respectively by the functional features of the product under Article 7, paragraph 
(1) ofthis Law. 
(2) The filing term for an opposition prescribed under paragraph (1) ofthis Article 
may not be extended. 
(3) The opposition shall be filed in the manner as defined by the Regulations. 
Opposition Procedure 
Article 25 
(1) The Office shall examine whether an opposition has been filed by a person 
entitled to file the opposition under Article 24, paragraph (1) of this Law, wh ether the 
opposition has been filed within the prescribed term and whether it is justified and 
supported by the appropriate documentation. 
(2) Should the requirements referred to in paragraph (1) of this Article not be met, 
the Office shall make a decision on the rejection of the opposition. 
(3) If the requirements referred to in paragraph (1) ofthis Article have been met, 
the Office shall notify the applicant of the industrial design about the reasons specified in 
the opposition and invite him to declare thereupon within 30 days. IPINIIIHRV/D/1 
Page 10 
(4) Should the applicant not declare himself in respect of the reasons specified in 
the opposition within the term referred to in paragraph (3) of this Article, the applicant 
shaH be deemed not to oppose the reasons specified in the opposition and the application 
shall be rejected within the reasons specified in the opposition. 
Examination of the Opposition 
Article 26 
(1) Should the applicant of the industrial design make a declaration on the reasons 
specified in the opposition and submit his comments opposing the opposition, the Office 
shaH examine the justification of the opposition within the specified reasons, taking into 
consideration the facts and filed evidence. 
(2) Should the Office establish that the opposition is un justifie d, it shall be refused 
and the written decision to that effect shall be sent to the applicant of the application and 
to the applicant of the opposition. 
(3) Should, in the opposition examination procedure, the Office establish that the 
opposition is justified, it shall refuse or partially accept the industrial design application 
and shall to that effect send a written decision to the applicant of the application and to 
the applicant of the opposition. 
Grant of an Industrial Design Right and Entry in the Register 
Article 27 
(1) Should the reasons specified in Article 6 and Article 7, paragraphs (l) and (2), 
not constitute a ban to the grant of an industrial design right, the industrial design shall be 
entered into the register of industrial designs on the basis of the decision on the grant of 
the industrial design right, provided that the fee and the maintenance fee for the first five­
year maintenance period of industrial design was previously paid. 
(2) Should the maintenance fee for the first five-year term not be paid, the 
application of industrial design shall be rejected by a decision. 
Publication of an Industrial Design 
Article 28 
(1) The data on the industrial design shall be published in the Office Official 
Gazette not later than within three months from the date of entry of the industrial design 
in the register. 
(2) Data to be published in the Office Official Gazette shall be prescribed by the 
Regulations. 
(3) The publication of an industrial design shall be subject to the payment of the 
prescribed fee relating to the publication of the industrial design in the Office Official 
Gazette. Industrial Design Certificate 
Article 29 IPIN/lIHRVIDIl 
Page Il 
(1) U pon the entry in the register of an industrial design and the payment of the 
prescribed fee for the issuance of the industrial design certificate, the Office shall issue to 
the right holder the lndustrial Design Certificate not later than within six months from the 
date of publication of the industrial design in the Office Official Gazette. 
(2) The data contained in the Industrial Design Certificate shall be provided by the 
Regulations. 
Part Three 
EFFECTS OF AN INDUSTRIAL DESIGN RIGHT 
Moral Rights of the Designer 
Article 30 
(1) The designer shall al ways have the right to be specified as the designer of the 
industrial design in ail the documents and public presentations, irrespective of the fact 
whether he is the applicant or the right holder. 
(2) The transfer or waiver of the right referred to in the preceding paragraph shall 
be deemed null and void. 
(3) Should several designers have jointly create an industrial design, ail the 
designers shall have an equal right to the title of the designer of the industrial design, 
irrespective of their contribution to the creation of the industrial design therefore aIl of 
them shall be listed. 
Exclusive Rights 
Article 31 
(1) The holder of the industrial design shaH acquire the exclusive rights to use the 
protected industrial design and to prevent any unauthorised use of the industrial design by 
third persons. 
(2) Without the consent of the right holder of the industrial design the third person 
may not manufacture, offer, put on the market, import, export or use any product 
containing, constituting or substantially imitating the protected industrial design, nor store 
such a product for the specified purposes. 
(3) The applicant of the industrial design the publication of which was deferred 
under Article 22, paragraph (2) of this Law, shalI acquire the exclusive rights under this 
Article by publication of the application from the filing date of the application or from the 
date of granted priority right. Within the deferred term of the application publication the 
right to prevent an unauthorised use refers only to an infringement action in the case the 
third person obviously had knowledge of the product design from the application. 
(4) The holder of an industrial design is entitled to demand from each person who 
shall place or intends to place on the market a product containing, constituting or 
imitating the industrial design, information about the origin of the product and trade 
circulation of the product or the documentation relating to that product. IPINI1/HRV/DI1 
Page 12 
Limitation of Industrial Design Rights 
Article 32 
(1) The exclusive industrial design rights shall not affect the use of the products 
containing or constituting the protected product design: 
1. for private and non-commercial purposes, 
2. for experimental purposes; 
3. for the purpose of informing the public or for the purpose of education, if this is 
in compliance with good business practices and shall not harm the interests of the right 
holder, and if it refers to the right holder and designer. 
(2) The exclusive industrial design rights shaIl not relate to products containing 
the protected design or to which the protected product design has been applied if they 
constitute the equipment, accessories or spare parts of ships or aircrafts temporarily 
entering the territory (territorial waters) of the Republic of Croatia, including also the 
importation of the products for the purpose of repair, as weil as the repair of such ships or 
aircrafts. 
Right of a Third Person on the Basis of Prior Use 
Article 33 
(1) The right holder may not invoke the exclusive rights in relation to a third 
person who has used the same industrial design or who has performed the relevant 
preparations for the use of the same industrial design prior to the filing date of the 
application to the Office or to the date of granted priority right, if claimed, provided that 
the third person created the industrial design knowing nothing of the existence of the 
industrial design which was not available to the public at that time. 
(2) The third person referred to in the preceding paragraph may not use the 
industrial design under paragraph (1) ofthis Article in a manner exceeding the boundaries 
of usual entrepreneurial activities. 
(3) The third person may not transfer the right referred to in this Article not 
transferring at the same time the ownership of the form of enterpreneurship he has used 
exercising his right to use the industrial design. 
(4) The data under this Article shaIl be entered in the register in the manner 
provided by the Regulations. 
Acquiescence in the Use of an Industrial Design 
Article 34 
(1) The holder of the prior industrial design right shaH have no right to request the 
invalidation of a later industrial design on the principles of his earlier priority right, nor 
prohibit the use of the later identical or substantially similar industrial design, had he 
within a five year period consciously acquiesced this usage, unless the later industrial 
design was protected in bad faith. 
(2) The holder of the industrial design with the later priority right shaIl have no 
right to prohibit the use to the holder of the earlier industrial design right. IPINIIIHRV/DIl 
Page 13 
(3) Acquiescence in the use of an industrial design under paragraph (1) of this 
Article may not constitute the reason for its cancellation from the register. 
Part Four 
CHANGES TO AN INDUSTRIAL DESIGN 
Entry of Changes 
Article 35 
(l) At the request of the applicant or the industrial design holder, the Office shall 
enter in the register al! the changes relating ta the personal name or the residence, if a 
natural persan is concerned, ta the company name or the residence of the applicant, as 
wel! as other changes occurred after the filing of the industrial design application or after 
the grant of the industrial design, provided that these changes reflect the actual situation 
and shall have no affect on the industrial design itself. 
(2) The changes entered in the register of industrial designs shall be published in 
the Office Official Gazette. 
(3) The data ta be contained in the request for the entry of any change incurred on 
the industrial design shaH be prescribed by the Regulations. 
License 
AI1icie 36 
(l) The holder of an industrial design may transfer ta third persans the right ta use 
the industrial design, for the whole or a part of the territory of the Republic of Croatia. 
(2) The right ta use an industrial design shall be acquired on the basis of a licence 
contract, and su ch right shall have effect against third persons after the entry of the 
licence in the register. The entry of the licence shaH be made at the request of the 
industrial design holder. 
(3) The licence contract shall be drawn up in writing and signed by the contracting 
parties. 
(4) The holder of the industrial design may exercise the industrial design rights 
against the licensee infringing any provision of the licence contract, particularly with 
regard to the duration, the registered scope of the industrial design use, the kind of 
products covered by the licence, the territory on which the industrial design may be used 
and in respect ta the quality of the products manufactured. 
(5) The licensee may institute a court proceeding in respect to the infringement of 
rights arising from the industrial design only if the holder of the industrial design shaH 
approve it. 
(6) The licensee shal! be entitled ta grant a sub-license only if expressly stipulated. IPIN/l/HRV/D/I 
Page 14 
Rights in Rem and Levy of Execution 
Article 37 
(1) An industrial design may be the subject matter ofthe rights in rem and levy of 
execution. 
(2) The rights referred to in paragraph (1) of this Article shall be effective against 
third persons only after the entry thereof in the register. 
Assignment of Rights 
Article 38 
(1) The applicant or holder of the industrial design may assign, in whole or in part, 
his right from the application or the industrial design to another person. 
(2) In supplement to the request to assignment of rights shaH be filed a true copy 
of the contract or a part of the contract featuring the assignment of rights, or a certificate 
on the assignment of rights signed by the prior or the actual right holder. 
(3) The contract on the assignment of rights shall particularly contain the 
indication of the contracting parties, the industrial design registration number or the 
number of the industrial design application. 
(4) The entry of the assignment of rights shalI be made at the request of the prior 
or the latest holder of the industrial design right and shall be published in the Office 
Official Gazette. 
Part Five 
ACQUISITION, DURATION, MAINTENANCE 
AND TERMINA TION OF AN INDUSTRIAL DESIGN V ALIDITY 
Acquisition of an Industrial Design Right 
Article 39 
(1) An industrial design right shaH be acquired by a decision on the grant of the 
right and by the entry of the industrial design in the register. 
(2) The date of entry of the industrial design in the register shalI be equal to the 
date of decision on the grant of the industrial design right. 
Duration and Maintenance of an Industrial Design Right 
Article 40 
(1) An industrial design right shaH be valid 10 years counting from the filing date 
of industrial design application. 
(2) The industrial design validity may be renewed by periods of five years each up 
to the total term of 20 years of uninterrupted protection, provided that the industrial 
design holder, during the last year of protection or at the latest within six months upon the 
expiration of su ch a term files to the Office a request for the extension of the industrial 
design validity and pays of the appropriate fee and maintenance costs. IP/NIl/HRV/DIl 
Page 15 
(3) The new period of protection shall begin with the day of expiration of the 
preceding term of protection. 
(4) The data to be contained in the request for extension of the industrial design 
validity shall be prescribed by the Regulations. 
Termination of an Industrial Design Validity 
Article 41 
(1) An industrial design shall cease to be valid: 
1. if the term of the industrial design validity under preceding Article of this Law 
has expired; 
2. upon the written declaration by a right holder on the waiver of the industrial 
design, on the day following the day of filing the waiver to the Office; this waiver shaH 
have no legal effect if a specifie right has been entered into the register in favour ofthird 
persons and the industrial design holder had not before obtained a written consent from 
those persons: 
3. after termination of the legal entity who is the industrial design holder or upon 
the death of the natural person who is the industrial design holder or on the day of 
termination or on the day of death, unless the right has been transferred to the legal 
successors or the legal entity or to the heirs of the natural person. 
(2) The termination of an industrial design validity shall be entered in the register 
of industrial designs. 
Declaration of the Decision on the Grant 
of an Industrial Design Right N ull and Void 
Article 42 
(1) The decision on the grant of an industrial design right shall be declared null 
and void by the Office if established that the conditions for the grant of that right, 
provided by this Law, did not exist. 
(2) The decision on the grant of an industrial design right may be declared nul! 
and void during the whole term of protection, as well as after the termination of the 
validity of the industrial design right under preceding Article of this Law, ex officio, at 
the request of an interested person or at the proposaI of the state attorney. 
(3) In supplement to the proposaI to declare the decision on the grant of an 
industrial design right nul! and void the necessary evidence shall be filed. 
(4) The data to be contained in the proposaI for the cancellation of the industrial 
design on the grounds of nul!ity shal! be prescribed by the Regulations .. IPlNllIHRV/DI1 
Page 16 
Part Six 
COMMON PROVISIONS ON THE 
PROCEDURE BEFORE THE OFFICE 
Other Provisions Applied in the Procedure before the Office 
Article 43 
The Law on the General Administrative Procedure shall apply to the specific 
matters of procedure which have not been regulated by this Law. 
Payment of Procedure Fees and Costs 
Article 44 
(1) The acquisition and maintenance of an industrial design right shall be subject 
to the payment of procedure fees and costs in compliance with special provisions. 
(2) Should the fees and costs in the procedure for the grant of the industrial design 
not be paid, the application shall be rejected and in the case of non-payment of the fees 
and maintenance costs the right shalI cease to be valid. 
Registers 
Article 45 
(1) The Office shall keep the register of applications, the register of industrial 
designs and the register of representatives. 
(2) The registers referred to in paragraph (1) of this Article shall be open to the 
public. 
(3) The Office shall enable any interested persons the inspection of data related to 
the published applications and the granted industrial design rights. 
(4) The office shall issue at the request of any interested person an excerpt fi-om 
the industrial design register. 
(5) The data to be entered in the register under paragraph (1) of this Article shall 
be prescribed by the Regulations. 
Office Official Gazette 
Article 46 
(1) The Office shall issue the Official Gazette in which shall be published the 
industrial design applications, rights granted, extensions of industrial design validity, 
transfers of rights, cancellations of industrial designs from the register and other data 
related to the industrial designs prescribed by this Law. 
(2) The content of the data to be published in the Office Official Gazette shall be 
prescribed by the Regulations. Search 
Article 47 IPINIlIHRV/DIl 
Page 17 
At the request of any interested person, the Office shall carry out the services of 
searches related to the identity and similarity of industrial designs filed and registered 
with effect in the Republic of Croatia. 
Representation 
Article 48 
General principles of representation and special requirements, on the basis of 
which the natural persons or legal entities not having residence or real and effective 
business seat on the territory of the Republic of Croatia may exercise the rights under this 
Law in the procedure at the law-courts and administrative authorities through their 
representatives, shall be regulated by special regulations. 
International Registration 
Article 49 
In the procedure for the grant of the industrial design rights under the provisions 
of the International treaties the Republic of Croatia is a member thereunder, the 
provisions ofthis Law shall apply to aIl the issues not regulated by these treaties. 
Part Seven 
CIVIL PROTECTION 
Legal Action reluted to the Infringement of Rights 
Article 50 
(1) An industrial design holder may, ifhis rights under Article 31 ofthis Law have 
been infringed or threatened, institute a legal action in a law-court and request: 
1. the establishment of the infringement of the industrial design rights; 
2. the prohibition of committed or intended infringement of the industrial design 
right; 
3. remedy of the state caused by the infringement of the industrial design right 
including the destruction of articles by which the industrial design right has been 
infri n o-ed' o , 
4. payment for the damages; 
5. publication of the law-court decision at the defendant's expense 
(2) The procedure following tqe action under paragraph (1) ofthis Article shall be 
urgent. IPIN/I1HRV/DIl 
Page 18 
Limitation of an Action 
Article 51 
A legal action related to the infringement of an industrial design right may be 
instituted within three years upon the knowledge acquired on the infringement and the 
infringing person, and not later than within five years from the infringement act. 
Provisional Measures 
Article 52 
(1) Should the holder of registered industrial design make probable that his right 
has been infringed or should a danger exist of his right to be infringed of which threatens 
an irreparable harm, he may request in a law-court: 
1. A declaration of injunction on the prohibition of the infringing acts on the right 
of the industrial design holder; 
2. Provisional seizure of articles which unlawfully contai n, embody or 
substantially imitate the industrial design or their exclusion from circulation; 
3. The measures aimed at providing the evidence on the articles referred to in the' 
previous subparagraph ofthis paragraph and the measures securing the existing state. 
(2) The holder of registered industrial design may request a declaration of 
injunction even before instituting a legal action, provided that the action be instituted 
within 20 working days or 31 calendar days, depending which term is longer. 
(3) Should the holder of the industrial design not institute a legal action within the 
term under paragraph (2) of this Article, a law-court may at the defendant's request 
suspend the procedure and cancel the requested measures. 
Compensation for Damages 
Article 53 
(1) A law-court may order the holder of the registered industrial design to pay 
damages if the measures requested under Article 52, paragraph (1) ofthis Law have been 
proven unjustified. 
(2) A law-court may order the holder of the registered industrial design to deposit 
an appropriate amount of money as a security for the persons against whom the 
provisional measure has been ordered. 
Judicial Grant and Transfer of Rights 
Article 54 
(1) If the application was filed by an unauthorized person or if the industrial 
design right has been granted and entered in the register to the name of an unauthorized 
person contraI)' to the provisions of Article 8 of this Law, the authorized person may 
bring to a law-court a request for the grant of authorities based on the law and/or for the 
whole or a part of the pertaining rights transfer, irrespectively of other rights and requests 
arising from the industrial design. 
(2) The authorized person. under preceding paragraph may initiate a court 
proceeding within three years from the day of the publication of the application, or, in the IPINIl/HRV ID Il 
Page 19 
case when the court has estab!ished that the unauthorized persan did not act in good faith, 
during the entire term of protection of the industria! design. 
(3) Should a law-court make a final decision on the grant and transfer of the rights 
under this Article, the right of licence and other rights entered in favour of third persans 
shaH cease on the day of entry of the changes in the register. If, before the grant of the 
rights referred ta in this Article, the unauthorized right holder or licensee used the right or 
performed convincing preparations for the use of the right in good faith, they may obtain 
the right of non-exclusive licence within the term and under the conditions usually 
required for the use of the right, if requested within three months from the day of the 
receipt of a notification sent ta them by the Office after the entry of the new right holder. 
(4) The Office shaH enter in the register the facts established in the submitted final 
court decision and other changes under this Article. 
Part Eight 
PROVISIONS ON INFRINGEMENT 
Offenses 
Article 55 
(1) Any legal entity who shaH manufacture, offer, place on the market, import, 
export or use a product containing or embodying another person's industria! design, or 
shaH store su ch a product for the stated purposes, shaH be puni shed against offense by a 
fine of 5,000.00 ta 50,000.00 HRK. 
(2) Any natura! person and the responsible persan in a lega! entity who shall 
refuse ta provide data on the origin and the manner of a product acquisition, who has 
been caught in the possession of such products unlawfully manufactured or put into 
circulation, or who shaH transfer the rights to a third persan or use the licence contrary ta 
the provisions of the licence contract, or who shaH unlawfully usurp the designer title of 
the industria! design, shall be punished by a fine of 1,000.00 ta 5,000.00 HRK. 
(3) For the offense referred to in paragraph (1) of this Article, the responsible 
persan at the legal entity shaH be punished by a fine of6,000.00 to 60,000.00 HRK. 
(4) For the offense referred ta in paragraph (1) of this Article a natural persan 
shall be puni shed with a fine of 1,000.00 to 5,000.00 HRK. 
(5) A natural persan shaH be puni shed by a fine of 20,000.00 HRK for the 
offenses referred ta in paragraph 1 of this Article committed in the purpose of a financia! 
gam. 
(6) The products intended for or used in the offenses committed under paragraph 
(1) ofthis Article shall be seized and destroyed. IP/N/l/HRV/D/l 
Page 20 
Part Nine 
TRANSITIONAL AND FINAL PROVISIONS 
Pending Procedures 
Article 56 
(1) The procedures for the grant of industrial design, pending on the initial 
implementation day ofthis Law, shall continue under the provisions ofthis Law. 
(2) The holder of a model or pattern right, the validity of which has not ceased by 
the day ofentry into force ofthis Law, may, after a lO-year validity request the extension 
of the protection twice by a five-year period each under the same conditions and with the 
same rights as the holders of industrial design rights under this Law. 
(3) In the case referred to in paragraph (2) of this Article, the Office shall rename 
a model or a pattern the validity of which is being extended, enter it in the register of 
industrial designs and publish the extension of the right in the Office Official Gazette. 
(4) The procedures on the infringement of a model or a pattern or on the 
infringement of the rights deriving from the application of model or pattern, and the 
procedures declaring decisions on the grant of the right to a model and a pattern null and 
void, pending on the initial implementation day of this Law, shall be finished under the 
provision in force until the initial implementation day ofthis Law. 
Termination of Validity of Other Regulations 
Article 57 
On the day the application of this Law shaH start, the provisions of the Industrial 
Property Law ("Narodne novine" -The Official Gazette of the Republic of Croatia, No. 
53/91, 19/92, 61/92 and 26/93) in the section relating to models and patterns, shall cease 
to be valid, except for the provisions on the representation (Article Ina) which shall 
apply until the enactment of a special provision. 
Implementing Provision Enacted by the Director to the Office 
Article 58 
The Director to the Office shall define, by the Regulations, the matters ofthis Law 
under the Articles 12, paragraph (4), Article18, paragraph (1), A.t1icle 22, paragraph (2), 
Article 24, paragraph (3), Article 28, paragraph (2), Article 29, paragraph (2), Article 33, 
paragraph (4), Article 35, paragraph (3), Article 40, paragraph (4), A.t1icle 42, paragraph 
(4), A.t1icle 45, paragraph (5) and Article 46, paragraph (2). Entry into Force of this Law 
Article 59 IPINIlIHRVIDIl 
Page 21 
This Law shaH enter into force on the eighth day following the date of its 
publication in "Narodne novine" -The Official Gazette of the Republic of Croatia, and 
shaH be applied starting from January l, 2000.