RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/HRV/31
21 January 1998
(98-0202)
Working Party on the Accession of Croatia Original:  English
ACCESSION OF CROATIA
Transitional Arrangements
The following proposals on transitional periods for the implementation of some of the WTO
Agreements have been received from the Republic of Croatia.
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The Marrakesh Agreement Establishing the World Trade Organization and the Multilateral
Agreements annexed to it contain transitional periods for delaying the application of someAgreements or some of the provisions of some Agreements. Also, some Agreements contain
transitional arrangements for phasing out measures that may not be in conformity with the WTO
rules.
Upon accession to the World Trade Organization, the Republic of Croatia will assume
obligations and acquire rights under the Agreement Establishing the WTO and under the MultilateralAgreements and Understandings annexed to the WTO Agreement.
After careful examination, the Republic of Croatia is of the view that it will need transitional
periods in the following areas:
I. IMPLEMENTATION OF THE AGREEMENT ON CUSTOMS VALUATION
Transitional Period and Justification
Croatia would avail of the provisions of Article 20 of the Agreement on Customs Valuation to
delay the application of the provisions of this Agreement for a period ending on 31 December 2000.
Croatia's existing rules on customs valuation were laid down in Articles 36 to 48 of the
Customs Law of the Republic of Croatia and implemented through the Statute on the Conditions and
Method of Determining Tariff Bases, both regulations being based on the model inherited from the
former Yugoslavia. Consequently, the legal provisions in those regulations have not been in full
compliance with the WTO Agreement on Customs Valuation.
Changes are necessary in order to fully adjust the existing Croatian legal provisions on
customs valuations to the Agreement on Customs Valuation (provisions of Articles 6, 7, 8, 10, 11, 15
and 16 as well as some others including more interpretative notes).WT/ACC/HRV/31
Page 2
The changes of the existing aforementioned regulations are a time consuming process. For the
preparation of administrative instructions, guidelines, manuals for the application of the rules and
training of customs officials Croatia would seek assistance of experts from the WTO, the WCO and
from Member countries.
Action Plan
Croatia has initiated the procedure for changing its customs valuation rules in order to
incorporate all the provisions of the WTO Agreement on Customs Valuation. This will be a time
consuming task.
The Customs Law will be amended and this requires a longer parliamentary procedure.
Consequently, the Statute on the Conditions and Method of Determining Tariff Bases will be changed
and additional administrative instructions, guidelines and manuals must be prepared, which also
includes the adjustment of the customs service computer systems.
In order to speed up the process, Croatia is seeking for technical assistance from the WTO
experts, the WCO and from member countries in brin ging its legislation in full conformity with the
Agreement on Customs Valuation and especially with its Article 6 (Computed value method).
With a comprehensive and efficient technical assistance to be given, the process of amending
Croatian rules on customs valuation will be achieved until 31 December 2000, at the latest.
II. AGREEMENT ON TECHNICAL BARRIERS TO TRADETransitional Period, Justification and Action Plan
The Republic of Croatia seeks for a time-limited delay for the application of some provisions
of the Agreement on Technical Barriers to Trade for a period of three years as from the date of
Croatia's accession to the WTO.
The time period for technical harmonization of Croatian technical regulations and standards
with the international rules and international standards is estimated to be five years.
However, Croatia would appreciate a three year transitional period as from the date of its
accession to the WTO for the full application of the Agreement on Technical Barriers to Trade in
order to set up a TBT inquiry point for standards, technical regulations and conformity assessment
procedures and to enable it to work.
For the same reason, Croatia would require technical assistance from the WTO member
countries in the entire field of technical harmonization.
III. AGREEMENT ON SANITARY AND PHYTOSANITARY MEASURES
Transitional period and Justification
Legal provisions on sanitary and phytosanitary measures (Laws and Regulations) in Croatia
have been adopted in accordance with the provisions and principles of the International Plant
Protection Organization and with the Recommendati ons of the European and Mediterranean Plant
Protection Organization. Veterinary legislation was continuously adjusted to international standards,
particularly to those established by the Office International des Epizooties (O.I.E) and the Codex
Alimentarius.WT/ACC/HRV/31
Page 3
However, due to the lack of financial means and not fully developed technical infrastructure,
Croatia would avail of the provisions of the Article 14 of the WTO Agreement on Sanitary and
Phytosanitary measures to delay the application of the provisions of this Agreement for a period of
two years from the date of Croatia's accession to the WTO, in order to bring its legislation in full
conformity with the WTO rules.
Action Plan
During the transitional period, Croatia needs to restructure the existing services in charge of
plant protection and other sanitary measures. Croatia will establish a technical infrastructure necessary
to bring its legislation in full conformity with the WTO requirements.
In addition, under the auspices of the Veterinary Directorate of the Ministry of Agriculture
and Forestry, a new unit will be create with a sole task of adjusting phytosanitary and veterinary
legislation of Croatia to the requirements of the Agreement on Sanitary and Phytosanitary measures.
In doing so, Croatia would avail of the provisions of Article 9 of the Agreement on Sanitary
and Phytosanitary measures and seek for technical assistance WTO experts and from member
countries.
IV. IMPLEMENTATION OF THE TRIPS AGREEMENT
Transitional Period
Croatia would propose the transitional period up to 30 June 1999 within which the complete
harmonization of the existing legislative with the TRIPS Agreement is to be achieved.
Justification of the Proposal Concerning the Transitional Period
1. The present situation
(a) General
(i) Competent State Administration Authorities
The State Intellectual Property Office is competent for the grant of industrial property rights
(patents, trade and service marks, industrial designs - models and designs, and geographical
indications of products origin), and since 7 November 1996, for the copyright and related rights.
The Ministry of Agriculture and Forestry is competent for the protection of new plant
varieties.
(ii) Membership in International Conventions
The Republic of Croatia is a party to the following Conventions in the field of intellectual
property:
- Convention Establishing the World Intellectual Property Organization;
- Paris Convention for the Protection of Industrial Property;- Madrid Agreement Concerning the International Registration of Marks;
- Nice Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks;
- Locarno Agreement Establishing an International Classification for Industrial Designs;
- Berne Convention for the Protection of Literary and Artistic Works, Paris Act 1971.WT/ACC/HRV/31
Page 4
- Brussels Convention Relating to the Distribution of Programme - Carrying Signals
Transmitted by Satellite;
- Universal Copyright Convention, 1952 and 1971.
The Republic of Croatia signed the WIPO Copyright Treaty and the WIPO Performances and
Phonograms Treaty, in December 1997.
The accession of the Republic of Croatia to the Patent Cooperation Treaty is in final phase,
i.e, its adoption by the Parliament is expected on the Session scheduled for January 1998.
The Republic of Croatia is bound by the reservation relating to Article 8 of the Berne
Convention.
The Republic of Croatia is not a party to the Rome Convention nor to the Treaty on
Intellectual Property in Respect of Integrated Circuits.
(iii) National Treatment
Foreign nationals shall enjoy in the Republic of Croatia national treatment prescribed by the
provisions of the quoted Conventions, or arising from the application of the principle of reciprocity.
The principle of reciprocity shall be presumed until proved to the contrary.
(iv) Most Favoured Nation Treatment
Most favoured nation treatment has not been applied so far.
(b) Standards Concerning the Availability, Scope and Use of Intellectual Property Rights
(i) Copyright and Related Rights
Copyright and related rights have been regulated by the Copyright Law which, as can be seen
from the tabular representation, doesn't comply with Articles 9, 11 and 14 of the TRIPS Agreement.
(ii) Trademarks, Geographical Indications, Indus trial Design (Models and Designs), Patents
Trademarks, geographical indications, industrial designs and patents are regulated by the
Industrial Property Law.
The mentioned Law does not fulfil completely the requirements of the TRIPS Agreement.
Articles not fulfilling the TRIPS requirements are expressly specified in the tabular representation.
(iii) New Plant Varieties
New plant varieties enjoy the sui generis protection prescribed by the Law on the Protection
of New Plant Varieties, which has been in force since December 1997.
(iv) Topographies (Lay-Out Designs) of Integrated Circuits
Provisions on the protection of the topographies of integrated circuits do not exist.WT/ACC/HRV/31
Page 5
(v) Protection of Undisclosed Information
Basic provisions are contained in the Law on the Protection of Data Secrecy. Certain
provisions concerning the protection of data secrecy are provided by the Law on General
Administrative Procedure, Law on Civil Servants  and Employees, Law on Labour, Law on Trade and
the Law on Trade Associations.
The Law on Drugs and Medical Products prescribes that the data and documents relating to
pharmaceutical and medical products shall be treated as a business secret.
(vi) Control of Anti-Competitive Practices in Contractual Licenses
The basic provisions on obligatory relations are contained in the Law on Obligatory Relations
which regulates also the contractual licenses.
The Industrial Property Law contains the provision according to which any contractual clause
imposing on the licensee limitations not arising from the assigned right or not necessary for the
maintenance of such right shall be considered null and void. The annulment shall be decided by thecompetent court in the civil procedures.
(c) Enforcement of Intellectual Property Rights
(i) Civil and Administrative Procedures and Legal Remedies
Civil procedure and legal remedies are regulated by the Law on Civil Procedure.
Substantive provisions concerning the civil protection are contained in the Copyright Law,
Industrial Property Law, Law on the Protection of New Plant Varieties, and the Law on Obligatory
Relations, which contains general rules on the compensation of damages.
(ii) Provisional Measures
Provisional measures shall be ordered according to the Law on Enforcement that contains
general rules on provisional measures.
(iii) Border Measures
The existing customs provisions doesn't provide for the special customs measures nor for the
procedures for the enforcement thereof.
(iv) Criminal Procedures
The criminal procedure shall be applied in accordance with the Law on Criminal Procedure.Provisions concerning penalties for the infringement of intellectual property rights are
contained in the Penal Law.
New Penal Law and new Law on Criminal Procedure have been in force since
1 January 1998.WT/ACC/HRV/31
Page 6
(d) Acquisition and Maintenance of Intellectual Property Rights and Related Inter-partes
Procedures
(i) The copyright protection shall not be subject to any registration procedure.
(ii) Provisions contained in the Industrial Property Law and in the Regulations concerning the
procedures for the grant of patents, registration of marks and industrial designs shall be applied to the
procedures for the acquisition of patents, trademarks and industrial designs provided by the StateIntellectual Property Office.
(iii) The protection of new plant varieties shall be acquired in the procedure prescribed by the Law
on the Protection of New Plant Varieties provided by the Ministry of Agriculture.
(iv) To all matters not expressly regulated by the mentioned Industrial Property Law or the Law
on the Protection of New Plant Varieties, provisi ons of the Law on General Administrative Procedure
shall be applied.
(v) Against decision taken by the Ministry of Agriculture there shall not be any civil action
brought, but an administrative dispute may be instituted.
The administrative dispute shall be governed by the provisions of the Law on Administrative
Disputes.
2. The Plan of Activities Aimed at the Harmonization of the Existing Legislation with the
TRIPS Provisions
(a) Activities to be Performed in the Course of 1998
The following activities are planned for 1998:
(i) Termination (denunciation) of the reservation in respect of Article 8 of the Berne Convention.
(ii) Accession to the Rome Convention.
(iii) Entry into force of the Law on Modifications and Amendments of the Copyright Law,
prepared in the course of 1997, and completely harmonized with the TRIPS provisions.
(Following that Republic of Croatia intends to start with the drawing of the new Law on
Copyright and Related Rights in the course of 1999)
(iv) Entry into force of the new Patent Law, Trademark Law, Law on Geographical Indications
and Appellations of Origin and the Law on Industrial Designs, prepared in the course of 1997 andwhich are just being submitted to competent authorities including WIPO, Max-Planc Institute, etc., for
international review.
(In the course of 1998 and 1999 the Republic of Croatia intends to accede to the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent
Procedure, to the Madrid Protocol and to the Hague Agreement).WT/ACC/HRV/31
Page 7
(b) Activities Planned for the Beginning of 1999
It is planned for the beginning of 1999:
(i) Membership of the Republic of Croatia in the Treaty on Intellectual Property in Respect of
Integrated Circuits;
(ii) Drawing and entry into force of the Law on the Layout-Designs of Integrated Circuits
harmonized with the provisions of the mentioned Law and TRIPS;
(iii) Enactment of Customs Regulations which will enable the application of customs measures in
compliance with the TRIPS requirements;WT/ACC/HRV/31
Page 8AGREEMENT ON TRADE-RELATED ASPECTS  OF INTELLECTUAL PROPERTY RIGHTS
IN CONTEXT OF CROATIAN EXISTING AND FUTURE LEGISLATION
STATUS: 10 JANUARY 1998
Parts Sections Articles Compliance already existing pursuant to the laws in
forceCompliance to be achieved pursuant to
the laws whose preparation:
YES
(indication of app. law)NO
(indication of the reason)is in course and to be
adopted at the end
1998/beg.1999is to be started at
the end
1998/beg.1999
12 3 4 5 6 7
AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
Article 1
Article 2 NO (2.1) RC ICT
Article 3
Article 4 NO (4.1)
Article 5
Article 6
Article 7PART I
GENERAL PROVISIONS
AND BASIC PRINCIPLES
Article 8WT/ACC/HRV/31
Page 9Parts Sections Articles Compliance already existing pursuant to the laws in
forceCompliance to be achieved pursuant to the
laws whose preparation:
YES
(indication of app. law)NO
(indication of the reason)is in course and to be
adopted at the end
1998/beg.1999is to be started at the
end 1998/beg.1999
Article 9 NO  (9.1.; 9.2.) MACL
Article 10 YES (CL)
Article 11 NO (11.1.) MACL
Article 12 YES (CL)
Article 13 YES (CL)Section 1:
COPYRIGHT AND
RELATED
RIGHTS
Article 14 NO (14.1.;14.2.;14.3.) MACLNCL
Article 15 YES (IPL)
Article 16 NO (16.1.) NTL
Article 17 NO (17.2.) NTL
Article 18 YES (IPL)
Article 19 YES (IPL)
Article 20 YES (IPL)Section 2:
TRADEMARKS
Article 21 NO (21.1.) NTL
Section 3: GEOGRAPHICAL
...Article 22-24 NO (221.) NLGIPART II
STANDARDS
CONCERNING
THE
AVAILABILITY,
SCOPE AND USE
OF
INTELLECTUAL
PROPERTY
RIGHTS
Section 4: INDUSTRIAL
DESIGNArticle 25-36 YES (IPL)
Article 27 YES (IPL)
Article 28 NO (28.1.) NPL
Article 29 YES (IPL)
Article 30 YES (IPL)
Article 31 NO (31.1.) NPL
Article 32 YES (IPL)
Article 33 YES (IPL)Section 5:
PATENTS
Article 34 NO (34.1.) NPL
Section 6: LAYOUT-
DESIGNS ...Article 35-38 NO (35.1.) NLICWT/ACC/HRV/31
Page 10Parts Sections Articles Compliance already existing pursuant to the laws in
forceCompliance to be achieved pursuant to
the laws whose preparation:
YES
(indication of app. law)NO
(indication of the reason)is in course and to be
adopted at the end
1998/beg.1999is to be started at
the end
1998/beg.1999
Section 7: PROTECTION OF
...Article 39 YES (LPDS)
Section 8: CONTROL OF ... Article 40 YES (IPL, LO)
Section 1:
GENERAL OBLIGATIONSArticle 41 YES (LCP)
Section 2:
CIVIL AND
ADMINISTRATIVE
PROCEDURES AND
REMEDIESArticle 42-49YES (LCP)
(IPL, CL,LPPV, LO)
Section 3:
PROVISIONAL
MEASURESArticle 50 YES (LE)
Section 4:
SPECIAL REQUIREMENTS
RELATED TO BORDER
MEASURESArticle 51-60 NO (51.1.) NTL, MACL CRPART III
ENFORCEMENT OF
INTELLECTUAL
PROPERTY
RIGHTS
Section 5:
CRIMINAL PROCEDURESArticle 61 YES (LPP, PL)
PART IV
ACQUISITION ANDMAINTENANCE OF
INTELLECTUAL
PROPERTY
RIGHTS AND RELATED
INTER-
PARTES PROCEDURESArticle 62YES
(IPL, LPPV, LAP, LAD)WT/ACC/HRV/31
Page 11Parts Sections Articles Compliance already existing pursuant to the laws in
forceCompliance to be achieved pursuant to
the laws whose preparation:
YES
(indication of app. law)NO
(indication of the reason)is in course and to be
adopted at the end
1998/beg.1999is to be started at
the end
1998/beg.1999
PART V
DISPUTE PREVENTION AND
SETTLEMENTArticle 63-64
PART VI
TRANSITIONAL
ARRANGEMENTSArticle 65-67 -
PART VII
INSTITUTIONAL
ARRANGEMENTS;
FINAL PROVISIONSArticle 68-73 -WT/ACC/HRV/31
Page 12 LEGEND (KEY)
CL Copyright Law OGFY1  19/78; 24/86; 21/90  NN 2 53/91; 58/93
MACL Modified and Amended Copyright Law
NCL New Copyright Law
IPL Industrial Property Law OGFY  34/81;  3/90; 20/90 NN 53/91; 19/92; 61/92
NTL New Trademark Law
NLGI New Law on Geographical Indications
NPL New Patent Law
NLIC New Law on Layout-Designs of Integrated Circuits
LPDS Law on the Protection of Data Secrecy NN 108/96
LO Law on Obligatory Relations OGFY 29/78 NN 53/91; 73/91; 111/93; 3/94; 107/95; 7/96
LCP Law on Civil Procedur e OGFY 4/77 NN 53/91; 91/92
LPPV Law on the Protection of Plant Varieties NN 131/97
LE Law on Enforcement  NN 57/96
CR Customs Regulations
LPP Law on Penal Procedure NN 110/97
PL Penal Law NN 110/97
LAP Law on General Administra tive Procedure OGFY 47/86, NN 53/91
LAD Law on Administrative Disputes  OGFY 4/77 NN 53/91; 9/92; 77/92
                                                     
1 Official Gazette of Former Yugoslavia.
2 Official Gazette of the Republic of Croatia.WT/ACC/HRV/31
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APPENDIX
INDICATION OF THE REASONS
2.1 Croatia has not yet been party to the Rome Convention nor to the Treaty on Intellectual
Property in Respect of Integrated Circuits.
4.1. Most-Favoured-Nation Treatment has not been applied for the time being.
9.1 Because of the reservation concerning Article 8, of the Berne Convention.9.2 The present Copyright Law provides for the legal and obligatory licenses in respect of the
works enjoying protection according to the Berne and Universal Conventions.
11.1 The rental right is not expressly provided for. such right is derived from the applicable right
of distribution.
14.1 The present Law does not provide for the special right of the producers of phonograms.
14.2 The present Law does not provide for the special right of the broadcasting organizations.14.3 The duration of the economic rights of performers is 20 years.
16.1 The present Industrial Property Law does not provide for the express provision regulating
the well-known mark in accordance with the requirements arising from Article 16, item 2
and 3 of the TRIPS Agreement.
17.1 The exceptions to the rights conferred by a trademark are not provided for by the present
Industrial Property Law.
21.1 According to Article 133 of the Industrial Property Law the assignment of a trademark is
allowed only with the transfer of technology to which the trademark belongs.
22.1 In the present Law there is no provision on additional protection of geographical indications
for wines and spirits.
28.1 The existing provisions of the Law (Articles 44 and 45) does not entirely comply with
Article 28 of the TRIPS Agreement.
31.1 The existing provisions of the Law (Articles 139-145) does not entirely comply with
Article 31 of the TRIPS Agreement.
34.1 The present Industrial Property Law (Article 117, item 3) provides for the requirement
contained in Article 34 of the TRIPS Agreement, only when the subject matter of the patentprotection is the procedure for the production of a new substance.
35.1 The existing Industrial Property Law does not contain provisions on the protection of
layout-designs of integrated circuits.
51.1 The present Customs Law does not provide for the provisions on the border measures, nor
for the border procedures preventing the infringement of intellectual property rights. Suchprovisions are not provided for by the existing Industrial Property Law, nor by theCopyright Law.
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