WORLD TRADE
ORGANIZATIONIP/Q/HRV/1
IP/Q2/HRV/1
IP/Q3/HRV/1
IP/Q4/HRV/1
7 May 2003
(03-2429)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
CROATIA1
The present document reproduces the introductory statement made by the delegation of
Croatia, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
The delegation of the Republic of Croatia welcomes this opportunity to review its intellectual
property legislation and recent developments in this field before this forum.  Before proceeding to thesubstance of our opening statement, please allow me to note our appreciation to the efforts made by
the WTO Secretariat in arranging this review and to the members of the WTO that have shown an
interest in Croatia's TRIPS legislation.
A. H
ISTORICAL HERITAGE
The Republic of Croatia has a unique and very long tradition in the field of intellectual
property.  As a party in composite states and political unions, Croatia had very early, in the 19thcentury, the elements of intellectual property regulation, founded in basic laws common to the states
within the Austro-Hungarian Monarchy, for example,  the Austrian Civil Code of 1852, and the Law
on Trade enacted by the common Croatian and Hungarian Parliament in 1875.
On 4 May 1884, namely more than 117 years ago, the common Hungaro-Croatian Parliament
adopted the Copyright Law.  On 7 July 1895, the same Parliament adopted the Hungaro-Croatian
Patent Law.  The enactment of those two laws create d legal base of our national intellectual property
system, which has been continually developed for more than a century, up to the present day.
The first patent gazette in the Croatian language, the official gazette of the Patent Office in
the Croatian language entitled Povlastniiki vijestnik , was published in 1897.
                                                     
1 As regards laws and regulations notified by Croatia under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/HRV/1, IP/N/1/HRV/C/1 and Add.1, IP/N/1/HRV/D/1, IP/N/1/HRV/G/1,IP/N/1/HRV/L/1, IP/N/1/HRV/P/1, IP/N/1/HRV/T/1 and IP/N/6/HRV/1/Rev.1.
2 The minutes of this meeting have been circulated as document IP/C/M/32.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 2
B. ESTABLISHMENT OF THE NEW CROATIAN INTELLECTUAL PROPERTY SYSTEM
The main tasks of the new laws and the amended law, as the legislative basis of the new
Croatian intellectual property system, are:
- to comply with the requirements defined by the accession of the Republic of Croatia
to the World Trade Organization (WTO) within the framework of which requirements
relating to intellectual property are defined in detail in the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS);  and
- to define the strategy of the Republic of Croatia for its accession to new international
conventions and treaties in the field of intellectual property, also including the oneson the harmonization of certain aspects of intellectual property.
During the preliminary stage of drafting the new laws we requested and received assistance
regarding the consultation and review of the texts of the individual draft laws from WIPO and the
national offices of Germany, Austria and the USA.
On 30 June 1999, the Croatian Parliament adopted five new laws in the field of intellectual
property replacing the former unique Industrial Property Law. Those laws are:
• the Patent Law
• the Trademark Law
• the Industrial Designs Law
• the Law on the Protection of Geographical Indications of Products and Services
• the Law on the Protection of Layout-Designs of Integrated Circuits.
At the same time the Parliament adopted the Amendments of the Copyright and Related Rights Law.
The former procedure of the patent acquisition in the Republic of Croatia has been retained by
the Patent Law, which includes a substantive examination of an invention.  By the kindness of the
Austrian Patent Office, which has all the necessary requirements and abundant experience in these
activities, the Croatian Office has been using their services for the substantive examination ofapplications.
Apart from the above mentioned, the Law has introduced a consensual patent, a very common
legal form being granted by the registration system of a duration of no more than 10 years. During
that period the consensual patent may be transferred to a classical one, i.e. by a substantiveexamination procedure.  The substantive examination shall be required in the procedures of
opposition and assertion of rights.  The legal provisions have precisely prescribed and balanced the
liabilities of a patent holder and of a potential opponent.
Particularly, I would like to emphasize that the Patent Law includes provisions on accepting
the results of a substantive examination of the invention, the protection of which is applied for in the
Republic of Croatia, carried out in the national offices having a high quality and transparent procedureof granting rights, provided that the agreement on such form of cooperation has been concluded
between our Office and the Office concerned.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 3
Trademark Law and Industrial Designs Law - the past system of substantial examinations ex
officio was abandoned and a common system  of publication and opposition introduced.
Law on the Protection of Geographical Indications of Products and Services - has in detail
regulated this field which is of great importance to our country.
Law on the Protection of Layout-Designs of Integrated Circuits - for the first time this field
has been regulated in Croatia, which may be of great importance to our future development.
All the above-mentioned laws related to the field of industrial property have been applied as
of 1 January 2000.
The State Intellectual Property Office of the Republic of Croatia drafted the Regulations on
the Application of the Laws.
Enforcement of intellectual property rights is provided for through a comprehensive statutory
and common law system of civil, administrative and criminal mechanisms.
Membership of the Republic of Croatia in International Conventions and Treaties - Present
status is as follows.
• 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
• Patent Cooperation Treaty (PCT)
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure
• Strasbourg Agreement Concerning the International Patent Classification
• Berne Convention for the Protection of Literary and Artistic Works
• Universal Copyright Convention I
• Universal Copyright Convention II
• Convention Relating to the Distribution of Programme-Carrying Signals Transmitted
by Satellite
• International Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations (Rome Convention)
• Convention for the Protection of Producers of Phonograms Against Unauthorized
Duplication of their PhonogramsIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 4
• WIPO Copyright Treaty
• WIPO Performances and Phonograms Treaty
C. INTELLECTUAL PROPERTY SYSTEM AS A FACTOR OF NATIONAL DEVELOPMENT
The Croatian Intellectual Property System has had parameters in its conception and
development so far in such a way that it has directed its development and its activities to the creation
of possibilities for giving its maximal positive influence and contribution to all entities so that they
could use intellectual/industrial property in their own activity in an appropriate way.
Under intensive development, the State Intellectual Property Office, in cooperation with other
institutions and subjects, has secured conditions for new important shifts in quality of their activity,
which will provide them with the possibility of playing their role of the central point of the Croatianintellectual property system even more completely.
The general conclusion to be drawn from our an swers to questions posed in this review,
which have been substantiated by the relevant legal provisions, is that the laws regulating copyright
and related rights, as well as the laws granting industrial property rights, are harmonized with theTRIPS Agreement. Along with the laws creating the basis of the intellectual property system, the
Republic of Croatia has legislation which regulates trade operations, both on domestic and foreign
markets, prohibits unfair market competition, regulates cross-border trade and controls the
implementation of the laws.
The Law on the State Inspectorate provides for control over the implementation of the laws
and other regulations which along with the mentioned trade operations, controls the protection of
consumers, quality of products, the protection of trademarks and geographical indications, the
production and trade of wines and other products made with grapes and wines, etc.
As regards other ways of enforcing intellectual property rights, each of six laws regulating
that field includes civil legal and misdemeanour provisions, the provisions of the Law on Civil
Procedure, and in the case of severe infringements, the provisions of the Penal Law.
This is only a brief outline of our legislation but depending on particular cases and their
complexity the provisions of the Law on Obligatory Relations and the Law on the Execution have
been applied.
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement and
throughout?
In the case of wilful trademark counterfeiting, right holders have recourse to the penal
protection regulated by the provision of Article 285 of the Penal Law, published in "Narodne novine"- Official Gazette of the Republic of Cr oatia (hereinafter "NN") No. 110/97, 27/98.
Article 28.5 of the Penal Law provides for:IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 5
"(1) Whoever, contrary to the provisions on industrial property protection, infringes a
trademark, an industrial design, a geographical indicator or any other industrial property right,
except patents (Article 232), shall be punished by a fine or imprisonment up to three years.
(2) The punishment referred to in paragraph 1 shall be applied to any person who
manufactures, imports, transfers across a borderline, offers, puts into circulation, stores or
uses without authorization the product which is the subject matter of protection referred in
paragraph 1 of this Article.
(3) Whoever uses without authorization a company name of another or includes in it features
that specially characterize the subject matter of protection of the rights referred to in paragraph
1 of this Article shall be punished by a fine or imprisonment up to three years.
(4) If the commitment of the criminal act referred  to in paragraphs 1 and 2 of this Article has
resulted in a considerable financial gain or considerable damage, and if the perpetrator has
acted with the aim of acquiring such financial gain or causing such damage, he shall be
punished by imprisonment ranging fr om six months up to five years.
(5) Objects intended for or used in the commitmen t of the criminal act or resulting from the
criminal act referred to in paragraphs 1 and 2 of this Article shall be seized and destroyed.
The penal protection of authors including the protection against copyright piracy is regulated
by Article 230 of the Penal Law (NN N o. 110/97, 27/98) which provides for:
"(1) Whoever, without the permission of the author or another copyright owner, when
such permission is required by the Law, or despite their prohibition, fixes, reproduces, puts
into circulation, rents, imports, transfers across a borderline, presents, performs, broadcasts,transmits, makes available to the public, translates, arranges, adapts, or otherwise uses a
copyright work, shall be punished by a fine or imprisonment for up to three years.
(2) The punishment referred to in paragraph 1 of this Article shall be applied to any
person who, without the permission of the performer or the person who is authorized to give
such permission, when such permission is required by the Law, or despite their prohibition,
records, reproduces, multiplies, puts into circulation, rents, imports, transfers across aborderline, presents, performs, broadcasts, transmits, makes available to the public, or
otherwise uses a performance.
(3) The punishment referred to in paragraph 1 of this Article shall be applied to any
person who, with the intent to enable unauthorized use of a copyright work or of aperformance, produces, imports, transfers across a borderline, puts into circulation, rents,
enables another to use or exploit any kind of equipment or means, the main or predominant
purpose of which is to enable unauthorized elimination or prevention of any of technical
means or computer programs the purpose of wh ich is protection of copyright or performer's
right against unauthorized use.
(4) A person with whom the objects intende d for or used in the commitment of the
criminal offence referred to in paragraphs 1, 2, and 3 of this Article, or objects that have
resulted from such commitment are found, and who had known or could and should have
known it, shall be punished by a fine of up to one hundred daily incomes or by imprisonmentfor up to six months.
(5) If, by the commitment of a criminal offence referred to in paragraphs 1, 2, and 3 of
this Article, considerable material gain was obtained and the perpetrator's intention was toIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 6
obtain such material gain or to cause such damage, he shall be punished by imprisonment
from six months up to five years.
(6) Objects intended or used for the commitmen t of the criminal offence referred to in
paragraphs 1, 2, and 3, of this Article, shall be seized and destroyed."
The Law on Penal Procedure (NN No. 110/97, 27 /98, 58/99, 112/99) contains provisions on
conducting penal procedure in relation to criminal acts regulated by the Penal Law.
2. What protection does your Copyright legislation afford to "foreign works"?
The Republic of Croatia is a party to the Berne Convention for the Protection of Literary and
Artistic Works (1971), Universal Copyright Conven tion (Geneva Text 1952, Paris Text 1971), as well
as the WIPO Copyright Treaty.
Therefore, "foreign works" enjoy in the Republic of Croatia copyright protection, which is in
compliance with the provisions of indicated conventions.
The Copyright Law that was published in NN No. 9/99 76/99 (hereinafter "CL") contains in
Article 2, paragraphs 1, 2, and 3 the following provisions:
"The authors' works of nationals of the Republic of Croatia, or of persons who are not
nationals of the Republic of Croatia but have their habitual residence in the Republic of
Croatia, made available to the public in the Republic of Croatia or abroad, as well as the
authors' works which have not been made available to the public, shall enjoy protection
pursuant to this Law.
The authors' works of foreign nationals and stateless persons, not made available to the public,
and firstly made available to the public in the Republic of Croatia shall enjoy pursuant to this
Law, the same protection as the authors' works of nationals of the Republic of Croatia.
The authors' work of foreign nationals not firstly made available to the public in the Republic
of Croatia shall enjoy, pursuant to this Law protection within the framework of the obligationswhich the Republic of Croatia has assumed under international treaties or on the bases of the
de facto  reciprocity."
In accordance with the CL the authors of literary, scientific and artistic works shall enjoy
copyright protection as provided for in that Law (Article 1 of CL).
The works enjoying protection are defined by th e provisions of Articles 3, 4, 5 and 7 of CL.
Copyright shall include, according to Article 25 of CL, property right prerogatives (economic
rights) defined by Articles 30 - 41 and prerogatives of a personal nature (moral rights) defined byArticles 27 - 29 of CL.
The essential provisions on an exploitation of authors' works and their economic rights are
contained in Article 26, paragraphs 1, 3 and 4 of CL reading as follows:
"The author's economic rights shall consist of the rights of the author to the exploitation of his
work.
Unless otherwise provided in this Law, exploi tation of an author's work by another person
may take place only with the authorization of the author.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 7
Unless otherwise provided in this Law or by a contract, the author shall have the right to a
remuneration for each and every exploitation of his work by another person."
Authors' economic rights shall last during the author's life and seventy years after his death ...
(Article 81 of CL).  Authors' moral rights shall subsist also after the termination of their economic
rights (Article 86 of CL).
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Patent Law, Article 52.5 p. 2 and 3 (NN No. 78/99) provides exceptions from patent rights,
those are acts done for the purposes of the research and development of the subject matter of the
protected invention, in particular: making, using, offering for sale, importation, or exportation of the
protected product, where such acts are reasonably connected with the experiments and tests necessary
for the registration of the human and veterinary medicines, medical and veterinary products or
preparations for the protection of plants.  The other exception of patent rights is direct and individualpreparation of a medicine in a pharmacy on the basis of an individual medical prescription and acts
relating to the medicine so prepared.
Those provisions are consistent with Article 8 of the TRIPS Agreement, because exceptions
of patent rights are made due to the development and researching of pharmaceutics in direction of
protection of public health and nutrition.
Patent Law Article 57 provides that the court in the Republic of Croatia shall be exclusively
competent and may grant a compulsory license, on the request of any interested person, if the patent
owner doesn’t exploit the protected invention or exploits it to the extent which is insufficient to satisfy
the needs of the internal market, and refuses to conclude a license contract or sets forth non-market
terms for the conclusion of such a contract.  A request for the grant of a compulsory license may be
filed after the expiration of the period of 4 years as from the filing date of the application, or after the
expiration of the period of 3 years as from the date of the patent grant, whichever occurs later.
If the exploitation of a protected invention is of public interest (health, defense, protection and
improvement of the human environment) or of a special interest for a particular branch of economy,
the compulsory license may be granted even before the expiration of the terms referred to above.
Those measures are consistent with Articles 8 and 31 of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 8
By the notification on succession of 28 July 1992, the Republic of Croatia became party to the
Berne Convention for the Protection of Literary and Artistic Works of 29 September 1979, and
effective as from 8 October 1991, with a reservation as regards Article 8 of the Convention.  On
16 September 1999 the Government of the Republic of Croatia enacted a Decree on the Withdrawalof the Republic of Croatia of a Reservation as regards Article 8 of the Berne Convention for the
Protection of Literary and Artistic Works, for the purpose of complying with Articles 9 of the TRIPS
Agreement, providing for the obligation of comp lying with Articles 1 through 21 of the Berne
Convention.  The Copyright Law has been publ ished in NN No. 9/99, 76/99 and 127/99 and
harmonized with Articles 1 through 21 of th e Berne Convention, as follows hereinafter.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Computer programs are equated with literary and artistic work as defined in Article 3 of
Copyright Law:
"Unless otherwise provided in this Law, a creation in the literary, scientific or artistic field or
in any other field of creation, whatever may be the kind, method or form of expression
thereof, shall be considered an author’s work.
The following, in particular, shall be considered authors' works:
- written works of any kind, including computer programs;
……"
Article 20 of Copyright Law regulates "The Copyright Work Created in the Course of
Employment or Pursuant to a Commission":
"A legal entity, or the employer, shall have the exclusive right to use, within the framework of
their regular activity and within a period of five years, authors' works created by a worker in
the fulfilment of his work obligations in that legal entity, or on the premises of that employer(work created in the course of employment),  without requesting the authorization of the
worker who is the author of the work in question.
The worker-author shall have the right, for the use of the author's work created in the course
of employment within the meaning of the first paragraph of this Article, to a separate
remuneration in accordance with collective agreements or employment contracts, inproportion to the extent to which the use of the work has contributed to the increase in
revenues or profit, or to the exercise of the activities and the achievement of the tasks of that
legal entity.
The worker-author of the work created in the course of employment shall retain all other
copyrights in his work.
Other copyrights in works created in the co urse of employment may not be limited by
collective agreements or employment contracts or by a contract (Article 19).
Subject to the provisions of this Article, the owner of the authors' economic right in a
computer program created in an enterprise or other legal entity, or on the premises of an
employer, shall be that legal entity or that employer."
Databases are protected as compilations of data by Article 4 of Copyright Law:IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 9
"Collections of author’s works, data or other material, whether in machine-readable or other
form, which by reason of the selection or arrangement of their contents constitute individual
intellectual creations shall as such enjoy copyright protection.
The protection enjoyed by the collection referred to in paragraph 1 of this Article shall not
extend to its content and shall be without prej udice to any copyright subsisting in the works,
data or material itself."
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Rental right is regulated by Article 30a of Copyright Law:
"The authors' of the computer programs, cinematographic works and works analogous to
them referred to in Article 3, paragraph 2, subparagraph 6 of this Law and of the works fixed
on sound carriers (phonograms) shall have the exclusive right to authorise the rental of the
originals or the copies of those works.
The provision referred to in paragraph 1 of this Article shall not apply to the rental of
computer programs if the program itself is not an essential object of the rental.
The exclusive right of rental referred to in paragraph 1 of this Article shall not be exhausted
with respect to the original or the copies of the work respectively, which have been put into
circulation with the author's authorization through sale or in any other way."
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Article 104 of Copyright Law requires that performers be given exclusive rights.
"If not otherwise provided by this Law, the performer has the exclusive right to authorise:
- radio or television broadcast of his performance;
- communication to the public of his performance by means of a loud speaker or other
technical devices from the room or place the performance is taking place;
- sound or visual, or sound and visual fixation of the performance;
- direct or indirect reproduction of his fixed performance in its entirety or in parts;
- putting into circulation of the original or the copies of his fixed performance
including the importation and the rental thereof.
The provisions of Article 30, paragraphs 2 and 3, and Article 30a, paragraph 3, of this Law
shall apply to the performers' rights in the corresponding way.
In the cases referred to in the first paragraph of this Article, the performer shall be entitled to
remuneration, except where otherwise provided by this Law or by a contract.
Except where otherwise agreed, all performers shall be entitled to remuneration.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 10
Any member of a group of performers who leaves the group shall be entitled to a share in the
remuneration for the performance in which he participated."
Article 120a of Copyright Law requires that producers of phonograms be given exclusive
rights:
"Producer of phonograms shall be considered the person who first fixes the sounds of a
performance or other sounds.
If not otherwise provided by this Law, producers of phonograms shall have the exclusive right
of giving authorizations for:
- the direct or indirect reproduction, in whole or in part, of their phonograms;
- putting into circulation of the original or copies of their phonograms, including the
importation and rental thereof.
In cases referred to in paragraph 2 of this Article, producers of phonograms shall have the
right to a remuneration, if not otherwise provided by this Law or by a contract.
Producers of phonograms shall also have the right to a remuneration in the case where the
phonogram which is put into circulation is used for the radio or television broadcast or forother communication to the public (secondary use).
The rights of the producers of phonograms shall last for fifty years, counting from the end of
the year in which the phonogram was published, and if it has not been published, from the end
of the year in which the fixation took place.
The provisions referred to in Article 30, paragraphs 2 and 3, Article 30a, paragraph 3, and
Articles 106, 115, 116, 117 and 119 of this Law sh all apply to the rights of the producers of
phonograms in a corresponding way.
The foreign producers of phonograms shall have the rights prescribed by this Law within the
framework of the obligations assumed by the Republic of Croatia under international treaties
or on the basis of the  de facto  reciprocity.
The rights of the producers of phonograms shall not, in any way, prejudice the rights of
authors or the rights of performers."
Article 120b of Copyright Law  requires that broadcasting organizations be given exclusive
rights:
"If not otherwise provided by this Law, a broadcasting organization has the exclusive right to
authorize:
- the re-broadcasting of their broadcasts by wire or wireless means;
- the fixation of their broadcasts;- the reproduction of fixations of their broadcasts;
- the communication to the public of their television broadcasts, if such communication
is accessible to the public against the payment of an entrance fee.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 11
Broadcasting is, within the meaning of this Law, any transmission by wire or wireless means
or by satellite intended for the public reception of sounds, or of images and sounds, or the
representation thereof, including the transmission by the encrypted satellite signal where the
means for decrypting such a signal are provided to the public by the broadcasting
organization or with its authorization.
In cases referred to in paragraph 1 of this Article, the broadcasting organization shall have the
right to a remuneration, if not otherwise prescribed by this Law or by a contract.
The rights of the broadcasting organizations shall last for fifty years, counting from the end of
the year in which the broadcasting took place.
The provisions referred to in Article 106 and 119 of this Law shall apply, in a corresponding
way, to the rights of the broadcasting organizations.
The foreign broadcasting organizations shall have the rights prescribed by this Law within the
framework of the obligations assumed by the Republic of Croatia under international treaties
or on the basis of the de facto reciprocity.
The rights of the broadcasting organizations shall not, in any way, prejudice the rights of
authors, the rights of performers or the rights of the producers of phonograms."
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Limitation and exception of author's rights are regulated in Article 47, 48 and 49 of Copyright
Law:
Article 47
"The following shall be permissible in the territory of the Republic of Croatia without the
authorization of the author:
- the publication and reproduction of excerpts from a literary, scientific or artistic work
for teaching purposes;
- the reprinting in periodical publications of articles dealing with current matters of
general public interest, provided that the reproduction of such articles has not beenexpressly prohibited by the author;
- the reproduction in newspapers and periodical publications of single photographs of
current events, illustrations, technical sketches and the like, published in other
newspapers and periodical publications;
- the reproduction of artistic works exhibited in streets and squares, unless the
reproduction of a work of sculpture has been obtained by means of a mould;
- the publication, by means of photography, of works of sculpture and painting and
works of architecture in newspapers and reviews, unless the author has expressly
prohibited it.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 12
The provisions of the first paragraph of this Article shall, mutatis mutandis , apply to
publication and reproduction in the daily and periodical press, in films, in newsreels and by
means of broadcasting.
In all the cases referred to in the first paragr aph of this Article, the author's full name, the
original work and the origin of the borrowing must be clearly indicated.
In the cases referred to in the first paragraph of th is Article, the author shall have the right to a
remuneration and all other rights vested in him under this Law."
Article 48
"The following shall be permissible in the territory of the Republic of Croatia without the
authorization of the author and without the payment of a remuneration for use:
- the performance of a literary or artistic work for the purposes of teaching or in the
form thereof, provided that such performa nce involves no entrance fee or other form
of payment or is given on the occasion of school celebrations where attendance is free
of charge;
- the publication of reviews of published literary, artistic or scientific works, wherein
the content of such works is reproduced in an original and abridged manner;
- the public exhibition of works, except those the exhibition of which is prohibited by
the author, provided that he has not renounced this right by a contract;
- the reproduction of works already published, effected for purposes of improving one's
personal knowledge, provided that such reproduction is neither intended for nor
accessible to the public;
- the reproduction of works of painting by means of sculpture and vice versa, as well as
the reproduction of works of architecture by means of painting or sculpture;
- the faithful quotation of excerpts from a work that in a lawful way became available
to the public, under the condition that it is in compliance with customary usage and in
the measure justified by the purpose to be achieved, and that in the quotation, the
source and the name of the author, if available in the source, are indicated.
- the reproduction or adaptation, by the user, of copies of a computer program with a
view to use for the purposes for which the program has been acquired, for archiving
and for replacement of a lost, damaged or worn-out copy.
In the cases referred to in the first paragraph of this Article, the author shall retain all
other rights vested in him by this Law.”
Article 49
Speeches intended for the public and made in the Parliament of the Republic of Croatia and in
the bodies of local government and self-government, before courts and other State authorities, inscientific, artistic and other organizations, as well as at public meetings and official celebrations, may,
without the authorization of the author and without the payment of remuneration for their use, be
made public by the press and radio or television for purposes of reporting current events.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 13
Other lectures, addresses and other works of the same nature may, without the authorization
of the author and without the payment of remuneration for their use, only be reported briefly in the
daily and periodical publications and by broadcasting.
A collection of the works mentioned in the first and second paragraphs of this Article may not
be compiled without the authorization of the author.
In the cases provided for in the first and second paragraphs of this Article, the author shall
retain all other rights vested in him by this Law.
Limitation and exception of performers' rights are regulated in Article 106 and 108 of
Copyright Law
Article 106
"The following shall be permitted without the authorization of the performer and without the
payment of remuneration:
- use of the performance for the purposes of teaching and scientific research;
- use of short fragments of the performance in the reporting of current events;- recording of the performance by the organization for broadcasting, by means of its
own facilities and for its own broadcasts (e phemeral recordings), provided that the
said organization has been authorised to broadcast the performance."
The recordings referred to in the first paragr aph of this Article, subparagraph 3, may after
broadcasting be entrusted to public archives as documentary material or be rebroadcast against the
payment of a remuneration.
Article 108
“The rights of the performer who is the employee of an organization shall be governed by the
Regulations of that organization, in accordance with this Law.
The moral rights of the performer, as recognised by this Law, may not be limited by the
Regulations referred to in the first paragraph of this Article.
The organization of which the performer is  the employee may use the said employee's
performance without his authorization provided that the performance formed part of his workobligations.”
Limitation and exception of rights of producers of phonograms and broadcasting
organizations are regulated in Article 120a(6) and 120b(5) of Copyright Law, which are connected
with Article 106 of Copyright Law:
"The following shall be permitted without the authorization of the performer and without the
payment of remuneration:
- use of the performance for the purposes of teaching and scientific research;
- use of short fragments of the performance in the reporting of current events;IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 14
- recording of the performance by the organization for broadcasting, by means of its
own facilities and for its own broadcasts (e phemeral recordings), provided that the
said organization has been authorised to broadcast the performance.
The recordings referred to in the first paragr aph of this Article, subparagraph 3, may after
broadcasting be entrusted to public archives as documentary material or be rebroadcast
against the payment of a remuneration."
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
The term of protection of copyright is regulated by Article 81 of Copyright Law:
"Authors’ economic rights shall last during the author’s life and seventy years after his death,
and if such rights belong jointly to the collaborators in the creation of  the author’s work, this
term shall be counted from the death of the last deceased collaborator.
Author’s economic right in an anonymous author’s work and in an author’s work published
under a pseudonym shall last seventy years from the publication of the work. If a pseudonym
leaves no doubt regarding the identity of the author or if the author reveals his identity, the
author’s economic right shall last as long as it would have lasted if the author’s work had
been published under the name of the author.
If the holder of the author’s economic right, within the meaning of Article 24 of this Law, is a
legal entity, the copyright shall last for seventy years as from the publication of the work or
seventy years respectively as from the creation a computer program.
The terms referred to in this Article shall begin with January 1 of the year following
immediately the year in which the author died, or as the case may be, the year in which the
work was published or created respectively."
The term of protection of performers rights is regulated by Article 113 and 114 of Copyright
Law
Article 113
"The term of the economic rights of performers provided for in this Law shall be fifty years,
counted,
- for recorded performances, from the end of the year in which they were recorded;
- for unrecorded performances, from the end of the year in which they were given."
Article 114
"The moral rights of the performer shall subsist even after the termination of his economic
rights."
The term of protection of producers of phonograms is regulated by Article 120a(5) of
Copyright Law:IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 15
"The rights of the producers of phonograms shall last for fifty years, counting from the end of
the year in which the phonogram was published, and if it has not been published, from the end
of the year in which the fixation took place."
The term of protection of broadcasting organizations is regulated by Article 120b(4) of
Copyright Law:
"The rights of the broadcasting organizations shall last for fifty years, counting from the end
of the year in which the broadcasting took place."
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Retroactive protection provided pursuant to Article 18 of the Berne Convention and
Article 14.6 of the TRIPS Agreement is regulated by Articles 130 and 131 of Copyright Law:
Article 130
This Law (NN No.76/99) shall apply to all authors’ works and to all performers’
performances in respect of which economic rights have not ceased to exist up to the day of
entering into force of this Law.
Article 131
This Law (NN No. 76/99) shall also apply to the phonograms and to the performances fixed
thereon, the first fixation of which took place within fifty years prior to the beginning of the calendar
year in which this Law (NN No. 76/99) entered into force.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
According to Article 1 of the Trademark Law (NN No. 78/99), the definition of a sign shall
read as follows:
"A trademark shall protect a sign which may be represented graphically and which is capable
of distinguishing the goods or services of one undertaking from those of other undertakings."
Trademarks may protect signs, in particular: words, letters, numerals, abbreviations, graphical
representations, combinations of colours and the tints thereof, three-dimensional forms, shapes of thegoods or the packaging thereof, provided that they are distinctive, as well as the combinations of all
the above indicated signs.
According to Article 5 of the same Law protection conditions shall read as follows:
A trademark shall not protect a sign:
- which is contrary to the public order or morality;- which is not capable of being represented graphically;IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 16
- which is not capable, due to its representation, of distinguishing the goods or services
in trade;
- which consists exclusively of signs or indications serving in trade to designate the
kind, quality, quantity, intended purpose, value, geographical origin, the time of
production of the goods or of rendering of services, or some other characteristics of
the goods or services;
- which consists exclusively of signs or indications which are customary in the current
or professional language or established practices of the trade;
- which represents exclusively the shape defined by the kind of the goods, or the shape
of the goods necessary to obtain a specific technical result, or the shape giving a
substantial value to the goods;
- which may, by its representation, deceive the public particularly as to the
geographical origin, nature, quality or any other characteristic of the goods or service;
- which contains or consists of a geographical indication identifying wines or spirits,
but refers to the wines or spirits which are not of such geographical indication;
- which contains a national coat of arms or other public arms, a flag or an emblem, the
name, or the abbreviated name of a country or of an international organization, and
the imitations thereof, except with the author ization of the competent authority of the
country or the organization.
According to Article 2 of the same Law, a sign shall be capable of distinguishing if it gives to
certain goods or services, comparing them with the identical or similar ones, a special, distinctive
character.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Both services and goods are protectable subject matter under our Trademark Law (Article 1,
paragraph 1 - a trademark shall protect a sign which may be represented graphically and which is
capable of distinguishing the goods or services of one undertaking from those of other undertakings).
A trade name shall be protected by a trademark provided that it, as any other sign, it complies
with the protection requirements.
Elements such as sound or perfumes are not protectable under our Trademark Law.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of aregistration in that respect.
Article 36 of the Trademark Law doesn’t stipulate use as a condition for a trademark
registration, and the use (without a registration) is not the basis for any right.
A trademark owner shall, to maintain the tradem ark validity, use a trademark in respect to the
goods or services for which it has been granted, unless serious reasons exist for its non-use, not
depending of the trademark owner’s will.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 17
The use of a trademark in a slightly modified form not changing the distinctive character of a
trademark, and the use of a trademark on the goods and equipment exclusively for the purpose of
export shall also constitute the use of a trademark.
The use of a trademark by another person having the owner’s consent shall be considered to
be the use by the owner himself.
According to Article 37 of the same Law a trademar k shall lapse in respect to all, or to some,
of the goods and services if the trademark owne r hasn’t used a trademark (within the meaning of
Article 36 of this Law) in the continuous period of five years.
In the case of request for the trademark cancellation on the grounds of non-use, the trademark
owner shall be obliged to prove that he uses the trademark.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
According to Article 35, paragraph 2 of the Trademark Law a trademark shall be renewed for
an indefinite number of times, and that, for the periods of ten years each, provided that the trademark
applicant file with the Office a request for the extension of the trademark validity and pays the
corresponding fee and procedural charges, in the course of the last year of the ten-year period of
protection, or not later than within six months after the expiration of this period.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
Please refer to the answer to question 11.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
According to Article 5, paragraph 1 of the Trademark Law, a trademark shall not protect a
sign:
- which consists exclusively of signs or indications serving in trade to designate the
kind, quality, quantity, intended purpose, value, geographical origin, the time of
production of the goods or of rendering of services, or some other characteristics ofthe goods or services;
- which may, by its representation, deceive the public particularly as to the
geographical origin, nature, quality or any other characteristic of the goods or service;
- which contains or consists of a geographical indication identifying wines or spirits,
but refers to the wines or spirits which are not of such geographical indication.
However, in certain cases a protected geographical indication may be relevant for the refusal
of trademark protection, not the absolute one, since Article 27 of the Law on the Protection ofGeographical Indications of Product and Services provides for the following: "Where a geographical
indication has been filed for registration, the application for the registration of a trademark that
contains or consists of the geographical indication in the cases referred to in Article 25 of this Law
shall be refused, and in the case of subsequent registration of the trademark, the trademark shall be
declared invalid".IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 18
Furthermore, a claim against an application for the registration of a trademark under the first
paragraph of this Article may be asserted by an in terested party within five years of the publication of
the trademark, and a claim against a registered trademark under the first paragraph of this Article mayalso be asserted within five years of the day of its registration.
Consequently, a sign containing a protected geographical indication shall not be protected by
a trademark unless an interested party (the holder of the earlier right) files an opposition or a request
for cancellation.
15. Please give the definition of a geographical indication in your legislation.
A geographical indication shall grant protection to the name of a specific place in narrower
terms (locality), a region or in exceptional cases, the country of origin of a product or a service (the
place of origin), of quality, reputation or other characteristics regarded to be essentially attributable to
its geographic origin.
The geographical indication of a product shall be granted protection provided the method of
production, processing or preparation of the product is carried out in the place of origin.  The
geographical indication of a service shall be granted protection provided such an activity is registered
in the place of origin, or that a person who has a direct control of the business management is a
national of the country of origin, or has a residence in the country in which such particular service
originates.  Other requirements may be stipulated, like for instance, that a person is qualified forproviding a particular service from the country of origin, or the membership in a professional
association of the persons providing such a service in the country of origin, if the service has been
provided out of the place of origin.
The characteristics of a product or a service can be due to natural (climate, soil etc.) or human
factors (a special method of processing or production, traditional techniques and skills etc.) or due to
the influence of its geographic origin or their mutual influence.
A designation of origin shall grant protection to the name designating the geographic origin of
a product or a service having a specific quality or other characteristics essentially or exclusively due
to inherent natural or human factors of the geographic environment and to the process of production,
manufacture and preparation which is entirely carried out in the place of origin.
The designation of origin of a product shall be granted protection if the product also complies
with the requirements of production, processing and preparation provided for by a special legislation.
The designation of origin of a service shall be granted protection only if the service has been
provided in the place of origin.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
A link established between the characteristics (of quality, reputation or other features) of a
geographical indication of origin and its place of origin shall essentially exist if the applicant may
provide evidence that at least one phase of production, manufacture or preparation has been carriedout in the place of origin, giving a description or specification of the geographical region and its
influence to the characteristics of products or services.
A link established between the characteristics (of quality or other features) of a designation of
origin and its place of origin shall exist if the applicant may provide evidence that the process of
production, manufacture and preparation has entirely been carried out in the place of origin, and theIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 19
characteristics of a product have been due to the influence of natural or human factors of the place of
origin.  The products shall comply with the specia l requirements that might be provided for under
special regulations.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
The additional protection shall be granted to all the products and services in a way that the
name protected by designation of origin or geographical indications may not be used for the products
or services not originating from the place of origin indicated by the geographical indication, even if
the true geographical origin is indicated, or if the name of the geographical indication is translated or
accompanied by some additional expressions.
Such an act shall be regarded as infringing the rights and shall be prohibited by the Law. Any
interested person may appeal for the protection of such a right in a proceeding before the competent
Commercial Court.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The exceptions from the TRIPS Agreement paragraphs 4, 5 and 7 under Article 24 have been
applied as follows:
- The provisions prohibiting the infringements of rights not referring to geographical
indications continuously used for the same or comparative products or services, either
for a period of minimum ten years prior to the conclusion of the Agreement
establishing the World Trade Organization, or in good faith until the same date;
- Where the application of a geographical indication has been filed for registration, the
application for the registration of a trademark containing or consisting of a
geographical indication of origin shall be refused, and in the case of a subsequent
registration of a trademark, the trademark shall be declared invalid.
- A claim against an application for the registration of a trade mark under the first
paragraph may be asserted by any interested person within five years from the date ofthe publication of a trade mark, and a claim against a registered trade mark under the
first paragraph of this Article may also be asserted within five years of the day of its
registration.
The importance of a trademark protection that is identical or similar to the protection of
geographical indications shall be maintained and its use shall continue if the application was filed ingood faith and the trademark registered, or where the right of use was acquired by the use in good
faith before filing the application for registration of a geographical indication; or before any other
form of protection in the country of origin;  or prior to the expiration of one year period counting from
the date on which the WTO Agreement came into force in the Republic of Croatia.
The exceptions from paragraph 6 of the TRIPS Agreement, under Article 24 have been
applied in order to establish that the:
- geographical indication shall not grant protection to the name of the place of origin of
a product or a service that is identical to the indication of a plant variety;IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 20
- geographical indication shall not grant protection to the name of the place of origin of
a product or a service in which they had been originally manufactured or put into
circulation, if the name has become a generic indication for a special type of a
product or a service (a generic indication). A designation of origin granted protectionby a geographical indication may not become a generic indication during the period
of its protection as provided for by the said Law.
The exceptions from paragraph 8 of the TRIPS Agreement, under Article 24 have been
applied in a manner that the provisions on the prohibition of the rights of use shall not apply if the
geographical indication of origin is identical or similar to the personal name used in the course of
trade, as the indication of a company or otherwise in business relations, and if it is not liable to
mislead the public as to the true geographical origin of the product or service.
The exceptions from paragraph 9 of the TRIPS Agreement, under Article 24 have been
applied in a manner that the geographical indication shall not be granted protection if the name of the
place of origin of a product or a service is not protected, or shall cease to be protected, or has fallen
into disuse in the country of origin.
The cases of such exceptional uses have been unknown to our courts of law, and a schedule of
generic indications is non-existing.
Follow-up question:
Please explain in which circumstances the type of protection awarded to a trademark in
the country of origin has a bearing on the priori ty of trademarks over geographical indications in
Croatia.  Please explain whether the characterizati on of a name as generic depends on elements to
be mustered in Croatia or in the country  of origin of the said indication.
According to the applicable la w "Law on the Protection of Geog raphical Indications of Products
and Services" (Article 27), a trademark shall not ha ve priority over a geographical indication in the
sense of preventing the grant of a geographical indicat ion and its entry into the register in the Republic
of Croatia, or declaring the decision on the grant and entry of a geographical indication into the register
null and void.
However, the validity of the protected trademar k which is identical with or similar to the
protected geographical indication shall be mainta ined and its use continued where the trademark
application was filed or a trademark was entered into the register in good faith, or where the right of use
was acquired by use in good faith before filing the application for the entry of geographical indication
into the register, and respectively before other form of protection was granted in its country of origin, or
before the expiration of one year from the date on which the WTO Agreement came into force in the
Republic of Croatia.
According to Article 6(1)(3) of the same Law,  a geographical indication shall not be granted
protection if the name of the place of  origin of a product or a service is not, or ceased to be protected, or
has fallen into disuse in the country of origin, which includes the reasons for generic quality of the
name, as established in the country of origin.
Furthermore, according to the definition of generi c quality referred to in Article 7(1) of the Law,
it has been established that a geographical indication shall not be granted protection, if the name of the
place of origin of a product or a service, where it wa s originally produced or marketed, has become the
common name for a certain type of product or service,  defining therewith generic name criteria in the
Republic of Croatia.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 21
Any interested person may file with the State Intellectual Property Office an opposition to the
application for the grant of a geographical i ndication, on the grounds of non-compliance of the
indication with the prescribed requirements, suppor ted by appropriate evidence and within a period of
three months from the date of publication of the applic ation in the Office official gazette (Article 17(1)).
The administrative decision on the protection of a geographical indication or the grant of the
right of use shall be declared null and void in the pr ocedure before the Office ex officio, or at the request
of a party, or a state attorney, if established th at the geographical indication has not satisfied the
prescribed requirements from the outset (Article 28(1)).
But the name of the place of origin protecte d by a geographical indication may not become
generic during the period of protection pr ovided by this Law (Article 7(2)).
E. I NDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Industrial Design Law (NN No. 78/99) shall not grant protection to designs essentially
dictated by technical or functional characteristics required to obtain a certain technical result or anormal functioning of a product.
The textile design is granted protection like any other design with a possibility to request a
deferment of publication for a period of 12 months, and during that period a design may be presented
by a specimen instead of by a photograph. It is valid for a two-dimensional design to which belong
textile designs.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Industrial Design Law regulating the exclusive rights of use or prohibiting an unauthorised
use, has provided for that a third person shall not import a product comprising, constituting or
substantially imitating the protected design without the authorization by the holder of industrialdesign.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Industrial Design Law has not provided for the right granting the issue of a compulsory
licence.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
The duration of industrial design under the Industrial Design Law has been provided for a
maximum of 20 years, the first period of protection being granted for 10 years, which can be renewed
for the two 5-year periods.
F. P
ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 22
The Croatian Patent Law (NN No. 78/99 ) gives the following definitions of novelty,
inventiveness and industrial application:
According to Article 5 of the Patent Law, an invention shall be new if it does not form part of
the state of the art.
The state of the art shall comprise everything made available to the public on the world level
by means of a written or oral description, by use, or in any other way, prior to the filing date of the
patent application.
The state of the art shall also include the content of all patent applications as filed in the
Republic of Croatia, the filing dates of which are earlier than the date of application referred to inparagraph (2) of this Article, and which were made available to the public only on, or after the date of
filing the patent application, through the publication effected in the manner as provided in this Law.
An invention shall also be considered to be new if not more than six months prior to the filing
date of the patent application it has formed part of the state of the art due to:
- an evident abuse in relation to the patent applicant or his legal predecessor;  or- the display at an official or officially recognised international exhibition in
compliance with the Convention on International Exhibitions signed at Paris on22 November 1928, and last revised on 31 May 1988, provided that the applicant
indicates in the patent application, at the time of its filing, that the invention has been
so displayed, and not later than within 4 months as from the filing date of the
application, submits a corresponding certificate to that effect.
Article 7 defines that an invention shall involve an inventive step if, having regard to the state
of the art, it is not obvious to a person skilled in the art.
Article 8 defines that an invention shall be industrially applicable if its subject matter can be
manufactured or used in any kind of industry, including agriculture.
24. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Articles 55, 56, 57 and 59 of the Croatian Patent Law are dealing with the exclusions of
patent rights.
Article 55 (1) states that a patent shall have no effect against the person who had, prior to the
filing date of the application, or prior to the date of granted priority exploited or manufactured, in
good faith and within her/his economic activities, the product which is the subject matter of the
invention or had made real and  serious preparations for such exploitation of the invention in the
Republic of Croatia.
Article 56 deals with vehicles in the international traffic, saying that the use of the products
made according to the protected invention in the construction or equipment of a vessel, aircraft or land
vehicle belonging to any of the member States of  the Paris Union for the Protection of Industrial
Property (hereinafter: the Paris Union) shall not be considered to be the patent infringement where
such transport means finds itself temporarily or accidentally in the territory of the Republic of Croatia,provided that the product serves exclusively for the purposes of the said transport means.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 23
The compulsory license, as one of the exclusions of the patent rights, is regulated in
Articles 57 and 58 of the Croatian Patent Law (more detailed in the answer no. 34 and 35).
Finally, Article 59 of Patent Law defines the exhaustion of the patent owners’ exclusive
rights, saying that the patent owner may not prohibit to other persons offering for sale, sale or use of
the product previously put on the domestic market by him or by other person having his express
consent.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Patent Law provides for the exclusion of inventions from patentability based on  ordre public
or morality in Article 4(4)(2), defining that the inventions the publication or exploitation of whichwould be contrary to the public order or morality are excluded from patent protection.
The exploitation shall not be considered to be so contrary merely because it is prohibited by a
legal provision.
We did not have an opportunity to apply this order in practice.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation
and explain its formulation.
Diagnostic or surgical methods or methods of treatment practised directly on the alive human
or animal body are excluded from the patentability and shall particularly not be regarded as
industrially applicable inventions, except for the products, in particular substances or compositions
used in such methods (Article 8 (2) of the Patent Law).
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
The patent protection shall exclude the inventions relating to animal breeds, plant varieties,
and essentially biological processes for the production of a plant or an animal, except for the
inventions relating to microbiological processes and products resulting from such processes, which is
defined in Article 4(4)(1) of the Patent Law.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are protected in your legislation. Please explain, in
this respect, the relevant sections of your legislation.
Plant varieties are not covered by patent protection provided for under the Law on Protection
of Agricultural Plant Varieties (NN No. 131/97).  The legislation under the Patent Law has nostipulations for the explicit protection of micr o-organisms, non-essentially biological processes,
microbiological processes.  Nevertheless they are regarded patentable under provisions of Article 4
paragraph (1) and paragraph (4)(i), and Article 8 paragraph (1) and (2) for not being explicitly
excluded.  The subject matter has not been stipulated by the legislation under the Patent Law.
Industrial Applicability (Article 8 of the Patent Law):
An invention shall be industrially applicable if its subject matter can be manufactured or used
in any kind of industry, including agriculture.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 24
Diagnostic or surgical methods or methods of treatment practiced directly on the alive human
or animal body shall particularly not be regarded as industrially applicable inventions, except for the
products, in particular substances or compositions used in such methods.
Patentable Invention (Article 4 of the Patent Law):A patent shall be granted for an invention which is new, which involves an inventive step and
which is susceptible of industrial application.
The patent protection shall exclude the inventions relating to animal breeds, and plant
varieties, and essentially biological processes for the production of a plant or an animal, except for theinventions relating to microbiological processes and products resulting from such processes.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
The patent owner shall be the sole person entitled to exploit the protected invention and any
other person not having the patent owner’s consent shall be prohibited from:
- making, offering for sale, selling, using or importing and stocking for such purposes,
the product carried out according to the invention,
- using the process which is the subject matter of the invention, or offering the use
thereof,
- offering for sale, selling, using or importing and stocking for such purposes, the
product which is obtained directly from a process which is the subject matter of the
invention.
Any other person not having the patent owner’s consent shall be also prohibited from offering
and supplying the product (substance, composition, part of the apparatus) constituting an essential
element of the invention, to persons not entitled to  exploit the said invention, if the offerer or the
supplier knows or should have known from the circumstances of the case that such product is
intended for putting into function the invention of another.  (Article 52 (1)-(3).
The patent owner shall be entitled to an action before the competent court (Commercial
Court)
 against any person who infringes a patent by performing any of the above said actions,
referred to in Article 52, paragraphs 2 and 3 of the Patent Law.
According to Article 78, an action for the infringement of a patent may contain the
requirements for:
- the establishment of the existence of the infringement;- the prohibition of actions infringing a patent;- the compensation for damages;- the seizure and destruction of the products resulting from or acquired by the
infringement of a patent, and articles (implements and tools) predominantly used inthe creation of the products infringing a patent;  andIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 25
- the publication of  the court  decision at the expense of the defendant.
According to Article 79, the action may constitute a request for ordering, before the court
decision comes into effect, a provisional measure comprising:
- the desistance from actions infringing a patent, or actions which might infringe a
patent;
- the seizure or exclusion from circulation respectively of the products resulting from
or acquired by the infringement of a patent and of the articles (implements and tools)
predominantly used in the creation of the products infringing a patent;
- the preservation of evidence on the infringement of the patent.
Criminal Law, Article 232 (NN No.110/97) provides for as criminal offence: unauthorised
manufacture, importation, transportation across the frontier line, offering, putting in circulation,
storing or use of products or processes under the patent protection and has provided for a fine orimprisonment.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
The legislation under the Patent Law has no stipulations for the explicit protection of
pharmaceutical and agricultural chemical products.  Nevertheless, they are regarded patentable underprovisions of Article 4 paragraph 1 and paragraph 4 (i), and Article 8 paragraphs 1 and 2 for not being
explicitly excluded.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Article 52(2)(3) of the Patent Law defines that any other person not having the patent owner’s
consent shall be prohibited from:  offering for sale, selling, using or importing and stocking for such
purposes, the product which is obtained directly from a process which is the subject matter of the
invention.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditions
in detail.
According to the Patent Law, the patent applic ation must disclose the invention in a manner
sufficiently clear and precise for it to be carried out by a person skilled in the art.  But, if the invention
relates to a viable biological material which cannot be disclosed in a manner enabling it to be carriedout by a person skilled in the art, the application must be accompanied by the proof to the effect that
the sample of such material has been deposited with the competent institution not later than on the
filing date of the patent application.
The competent institution shall be considered to be the institution which complies with the
requirements prescribed by the Budapest Treaty on the International Recognition of the Deposit of
Micro-organisms for the Purposes of Patent Procedure of 28 April 1977.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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Limited exceptions to the exclusive rights of the patent owner are provided for in the
Article 52 (5) of The Patent Law, which defines that the patent owner’s exclusive right of exploitation
of the invention shall not apply to:
- acts in which the invention is exploited for private and non-commercial purposes;
- acts done for the purposes of the research and development of the subject matter of
the protected invention, in particular: making, using, offering for sale, importation, or
exportation of the protected product, where such acts are reasonably connected with
the experiments and tests necessary for the registration of the human and veterinary
medicines, medical and veterinary products or preparations for the protection ofplants;
- direct and individual preparation of a medicine in a pharmacy on the basis of an
individual medical prescription and acts relating to the medicine so prepared.
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Compulsory Licences  are provided for in Article 57 and 58 of Patent Law.  The conditions
under which a compulsory licence may be granted are the following:
- patent owner doesn't exploit the protected invention;  or- exploits it to the extent which is insufficient to satisfy the needs of the Croatian
market;  and
- refuses to conclude a licence contract or sets forth non-market terms for the
conclusion of such a contract.
The court in the Republic of Croatia shall be exclusively competent and may grant a
compulsory licence on the request of any interested person.
A request for the grant of a compulsory licence may be filed after the expiration of the period
of four years as from the filing date of the application, or after the expiration of the period of three
years as from the date of the patent grant, whichever occurs later.
If the exploitation of a protected invention is of public interest (health, defence, protection
and improvement of the human environment) or of a special interest for a particular branch of
economy, the compulsory licence may be granted even before the expiration of the above-mentioned
terms.
A compulsory licence shall not be granted if the patent owner proves the existence of
legitimate reasons justifying the non-exploitation or insufficient exploitation of the protected
invention.
In the case of the grant of a compulsory licence, the patent owner shall be entitled to a
remuneration, corresponding to the economic value of the licence which shall be determined by the
court decision.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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A compulsory licence shall be granted for the purposes of supplying the domestic market. It
shall not be exclusive and the duration thereof is connected exclusively with the duration of reasons it
has been granted for.
A compulsory licence shall not be transferred without the production plant or the part thereof
respectively, in which the invention it is granted for has been exploited.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time. In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
The answer to this question is contained in the answer to question no. 34.
36. Please state if your legislation grants addi tional protection for innovations after the 20
years of patent protection have lapsed.
The Croatian Patent Law doesn’t grant additional protection for innovations after the 20 years
of patent protection have lapsed.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1st January 1995.
Such provision does not exist in Patent Law.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Article 52 (6) of a Croatian Patent Law, concerning the reversal of the burden of proof in
relation to process patents prescribes that in the absence of proofs to the contrary, a product shall be
considered to have been obtained by a protected process, if it is new and if a substantial likelihoodexists that the product was made by a protected process, and that the patent owner has been unable,
despite reasonable efforts, to determine the process actually used.  A substantial likelihood that the
product was obtained by the protected process shall ex ist, in particular, where the protected process is
the only process known.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Topography shall be granted protection under the Law on the Protection of Integrated Circuits
(NN No. 78/99)  in application since 1 January 2000. The said Law has been completed by
Regulations on the Protection of Layout Designs of Integrated Circuits, closely regulating certain
questions contained in the Law.
To the procedures not covered by the said Law and Regulations shall apply Law on General
Administrative Proce dure (NN No. 53/91.)   Under the Law on the Protection of Layout-Designs of
Integrated Circuits and the pertinent Regulations the topography under protection belongs to the group
of the registration rights.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographiesIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 28
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
The scope of protection is provided for under Article 14 of the Law.  The right holder of the
topography under protection shall have the exclusive right of its commercial exploitation, includingthe right to allow or prohibit reproduction of the topography, importation, sale or other forms of
putting into circulation the topography or the integrated circuit containing the protected topography,
as well as the product incorporating the integrated circuit containing the protected topography. The
exclusive rights shall not apply to the concept, process, system or the technology of production of the
topography.
The scope of protection is provided for in Article 16 of the Law stipulating the procedures
and measures any person may appeal to for the protection in the case of infringement of the rights ofthe protected topography.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
The legislation in Article 15 of the Law specifies the procedures requiring no authorization of
the holder of topography, as for example the reproduction of the protected topography for non-
commercial purposes and for the purposes of analysing or assessing concepts, processes, systems and
technologies contained in the topography, or for the needs of education or research.  The commercial
exploitation of a new topography created on the basis of research and analysis of the protectedtopography if deemed original and a result of personal creative effort of its creator and it is not known
from everyday use in the industry of semiconductors.
Article 17 of the Law provides for the stipulations under which the scope of protection shall
not extend to a natural person or a legal person who in good faith acquired a semiconductor
containing protected topography and who distributed such product without authorization of the right
holder.  It also contains the procedures to which the right holder of topography may appeal after the
respective person had learned or had reasons to believe that such topography was under protection.
Under Article 18 of the Law a new institute has been introduced in the field of industrial
property established by legal practice of the EC Court of Justice.  The doctrine of the so called
exhaustion of rights means that the right holder lost the right to prohibit the circulation of goods at the
time the protected product was for the first time placed to the market by the right holder or with his
express consent.  The legislation in Article 18 provides for that the right holder of the protectedtopography shall not prohibit offering for sale, sale and use of the products containing the protected
topography or the products incorporating such an integrated circuit have been placed to the market in
the Republic of Croatia by the right holder or with his express consent.
42. Please state the term of protection granted by your legislation to topographies.
General rules on the protection of undisclosed information are covered under the Law on the
Protection of Data Se crecy (NN No. 108/96).
The obligation to keep secret data in confidence shall be for a period of time until the person
authorised to specify confidential data declares the expiration of such period of time.  In the case of
official and business secrets such obligation shall cease after the expiration of the duty, occupation oremployment of the person who had knowledge of the confidential data, unless otherwise stipulated for
by the law or legislation, as follows:IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 29
(a) the data provided for as official secret – five years from the date of termination of
duty, occupation or employment in a body the data of which was protected by a
certain degree of secrecy;
(b) the data provided for as business secret – one year from the date of termination of
duty, occupation or employment in a body the data of which was protected by a
certain degree of secrecy (Article 28 paragraph 3).
Enterprises may provide for additional protection of confidential data by their statutes,
regulations, employment agreement and contracts concluded with their business partners.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
General rules on the protection of undisclosed information are covered under the Law on the
Protection of Data Se crecy (NN No. 108/96).
The obligation to keep secret data in confidence shall be for a period of time until the person
authorized to specify confidential data declares the expiration of such period of time.  In the case of
official and business secrets such obligation shall cease after the expiration of the duty, occupation or
employment of the person who had knowledge of the confidential data, unless otherwise stipulated for
by the law or legislation, as follows:
(a) the data provided for as official secret – five years from the date of termination of
duty, occupation or employment in a body the data of which was protected by a
certain degree of secrecy,
(b) the data provided for as business secret – one year from the date of termination of
duty, occupation or employment in a body the data of which was protected by a
certain degree of secrecy (Article 28 paragraph 3).
Enterprises may provide for additional protection of confidential data by their statutes,
regulations, employment agreement and contracts concluded with their business partners.
44. Please explain how your legislation defines undisclosed information.
General rules on the protection of undisclosed data are covered under the Law on the
Protection of Data Se crecy (NN No. 108/96).
Under the business secret (Article 19 of the said Law) are classified the data defined as such
by the legislation, other regulations and general acts of trade societies, institutions or other legal
entities, and they represent manufacturing secrets, the results of research and structural works, and
other information that might entail harmful effects to business interests when disclosed to
unauthorised persons.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
According to the type of secret, the confidential data are classified as follows: state secret,
military secret, official secret, business or professional secret (Law on the Protection of Data Secrecy,
Article 3).IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 30
The state secret (Article 6 of the Law) present the data defined as such by the legislation,
other regulations or by general act of a competent body issued on the basis of law, and the
dissemination of which might entail harmful effects to national security and to national interests of theRepublic of Croatia.
Pursuant to the present Law are specially regarded as state secret the data relating to:- military, political, economical and other evaluations of special importance for the
defence, national security or national interests of the Republic of Croatia;
- defence plans, mobilization plans and the war structure of the Republic of Croatia;
- defence plans of trade societies and other legal entities of special importance for the
defence of the Republic of Croatia, manufacture plans for weapons, war techniques
and ammunition, as well as nearer data regarding the implementation of such plans;
- types, aggregate quantities and deployment of commodity stockpiles in the case of
war and the possibilities of war production;
- command analysis and assessment of pr eparatory situation for defence of the
Republic of Croatia;
- objects of special importance for the national security of the Republic of Croatia;- scientific and technical inventions of special importance for the national security and
defence of the Republic of Croatia;
- assessments, analysis and individual activities of intelligence bodies and security
services of special importance for the national security and defence of the Republic of
Croatia;
- structure of cryptic protection, cryptic systems, plans, instruments, rules and
procedures for the implementation of cryptic protection for the purpose of the public
bodies and other legal entities of special importance for the Republic of Croatia;
- indications of aggregate state of mineral reserves of strategic importance for the
Republic of Croatia – reserves of non-ferrous metals, rare-earth metals or preciousmetals, radioactive elements, gas and petrol;
- discoveries and inventions of great military and scientific as well as of economic
importance;
- data on the organization, structure, number, technical equipment and deployment of
employees in intelligence services, armed forces and police powers of the Republic of
Croatia.
Follow-up question:
Please explain whether Croatian law consid ers test data that, e.g. pharmaceutical
companies need to file for the authorization of new compounds in Croatia, as undisclosed
information.  Please explain whether such data is object of any type of protection.  Please clarifyIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 31
whether such data shall be subject to the compul sory governmental disclosure and, if so, in which
circumstances.
The data referred to in the above-mentioned question (the so-called "test data") is considered
to be business secrets, regulated by the Regulations on the Procedure and Method of Giving
Authorizations for Putting Medical Products into  Circulation (NN No. 92/99) based on the Law on
Medical Products and Medicines (NN No. 124/97).
The same applies to the data concerning new varieties of agricultural plants being under the
granting procedure, provided by the Law on Seeds, Planting Material and Granting of Agricultural
Plant Varieties (NN No. 124/97).
The definition of the business secret (as well as other kinds of secrets) is provided for by the
Law on the Protection of Data Secrecy (NN No. 108/96) while the Penal Law (NN No. 110/97)
provides for penal provisions in the case of its disclosure.
There are no provisions in our legislation according to which such data shall be subject to the
compulsory governmental disclosure.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The Court may order the infringer to desist from  a preparatory act for any further infringements
(Copyright Law, Article 96, 119 ;  Trademark Law, Article 50;  Law on the Protection of Geographical
Indications of Product and Services, Article 30);  in fringement and the infringement itself (Copyright
Law Article 95, 119;  and from Industr ial Design Law, Article 50;  Patent Law, Article 78;  Law on
Protection of Layout De sign of Integrated Circuits, Article 22).
The Court may order damages to be paid in  favour of the right holder (Copyright Law
Article 95, 119;  Trademark Law, Article 50; Law on the Protection of Geog raphical Indications of
Product and Services Article 30;  Industrial Design La w, Article 50;  Patent Law, Article 78;  Law on
Protection of Layout Design of Integrated Circuits, Article 22) .  Damages include recovery of profits
and expenses (Law on Obligations, Articles 185, 189, 190 – NN No. 53/91).  The winning party is
entitled to recover from the opposing party all expenses  due to the procedure, including attorney's fees
(Civil Procedure Law, Articles, 151, 154(1)).  The criteri on for this is the actual existence of damage or
expenses.
The Court may order that the infringing copies, their packaging, stencils, negatives, plates,
moulds or other means, which were instrumental to the infringement, be destroyed or altered (Copyright
Law, Article 96).
The same stands for devices, the sole or prevalent purpose of which is to make infringements
and which are owned by the infringer (Copyright Law, Article 97).  The criterion is that an infringement
has occurred.
The Court may order that the judgement be published at the infringer's expense (Copyright Law,
Article 96(3);  Trademark Law, Article 50 (1) p. 5;   Law on the Protection of  Geographical Indications
of Product and Services Article 30(1)  p. 7;  Industrial Design Law, Article 50(1) p. 5;  Patent Law,
Article 78(1) p. 5;  Law  on Protect ion of Layout Design of Integr ated Circuits, Article 22).  The
criterion is that an infringement has occurred.
The Court may order that the infringer pays to  the right holder monetary satisfaction for non-
material damages (Copyright Law, Article 95).  The cr iteria are that an infringement of moral rights hasIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 32
occurred, that it has caused mental anguish and suffering  to the author;  and that the degree and duration
of the suffering entitle the monetary co mpensation (Law on Obligations, Article 200).
In case of infringement of copyrights for instance, any person who, under his own name or the
name of another person, publishes, presents, performs or transmits the work of another, or permitssuch acts, shall be guilty of a criminal offence (Copyright Law, Articles 121-129).
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Appeals shall not be allowed in the administrative procedures related to intellectual property
rights. Where a party considers that its rights has been infringed by administrative decision, it shall
institute administrative dispute against that decision before the administrative court.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
At the request of the opposing party the judicial authorities may order provisional measures or
preservation of evidence (see below).
At the request of one party the judicial authorities may order the opposing party to produce
evidence which lies within its contro l (Civil Procedure Law, Article 233).
If the opposing party does not produce evidence which lies within its control, the court judges at
its own discretion and due to all circumstances, and deci des what importance is to be given to the fact of
the denial of access of information (Civil Procedure Law, Article 233(5)).
In order to ensure protection of confidential information, brought forward as evidence, the
court may decide to exclude the public from the court hearings.  The judge is obliged to warn allparties that they have to respect the confidential nature of any relevant information, which they
receive in such hearings (Civil Procedure Law, Articles 307-310).
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Article 96, item 1 of the Copyright Law provides for that at the request of the plaintiff, the
court may order in its decision that the defendant be prohibited to continue his infringement of
copyright (the same shall apply to the infringement of rights of performers (Article 119),
infringement of rights of the producers of phonograms (Article 120a) and the infringement of rights
of broadcasting organizations (Article 120b).
Article 97, paragraph 1, item 2 of the same Law provides for that on the proposal of the
author, or other copyright holder, or their associ ation, or other legal entity specialized for the
administration of copyrights, to whom it seems likely that the concerned copyright was infringed orthat the infringement is imminent, the court may order the prohibition of the continuation of activities
already started that would infringe copyright or the prohibition of the continuation of activities
infringing it (the same shall apply to the infrin gement of rights of performers (Article 119),
infringement of rights of producers of phonograms (Article 120a) and infringement of rights of
broadcasting organizations (Article 120b).
According to Article 78 of the Patent Law, an action brought before a competent court for the
infringement of a patent may contain the requirement for the prohibition of actions infringing a patent.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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According to Article 50 of the Trademark Law the trademark owner, if his rights have been
infringed or threatened to be infringed, may by in stituting an action, require from the competent court
the prohibition of actions infringing a trademark.
According to Article 50 of the Industrial Designs Law an industrial design holder may, if his
rights have been infringed or threatened, institu te a legal action before the competent court and
request the prohibition of actions infringing the industrial design right.
According to Article 30 of the Law on the Protection of Geographical Indications of Products
and Services any interested person may appeal for the protection of rights before a competent
Commercial Court against the person infringing any of the rights with the request for the prohibition
and prevention of the actions infringing the rights.
According to Article 16 of the Law on the Protection of Layout Designs of Integrated Circuits
a person whose rights resulting from the protected topography have been infringed may require the
ordering of measures which will prevent further infringement of his protected rights.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
According to the Patent Law Article 78 (NN No. 78/99) plaintiff shall be entitled to the
compensation for damage caused by the infringement of a patent not regulated by this Law, the
corresponding provisions of the Law on Obligatory Relations (NN No. 53/91) shall apply.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
According to the Code of Civil Procedure Arti cle 156 (NN No. 53/91, 91 /92, 112/91) a party
to the lawsuit shall, irrespective of the outcome of  the proceedings, compensate the opposing party for
the expenses incurred as a result of its own wrongdoing, or the situation it has been engaged in.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
The judge of competent trade court has the authority to order that infringing goods are placed
outside channels of commerce or destroyed.  They are acting upon an action for infringement.
The right owner shall be entitled to an action before the competent court against any person
who infringes his IP rights.  The right to the action referred to above shall also belong to the owner of
the exclusive license.
An action for the infringement of an IP right contains the requirements for:
The establishment of the existence of the in fringement;  the prohibition of actions of
infringement;  the compensation for damages;  the seizure and destruction of the products resulting
from or acquired by the infringement and articles (implements and tools) predominantly used in the
creation of the products infringing an IP right and the publication of  the court  decision at the expense
of the defendant.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
According to the Code of Civil Procedure Arti cle 156 (NN No. 53/91, 91 /92, 112/91) a party
to the lawsuit shall, irrespective of the outcome of  the proceedings, compensate the opposing party forIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 34
the expenses incurred as a result of its own wrongdoing, or the situation it has been engaged in. The
court may order to the party’s legal representative or its attorney to compensate the opposing party for
the expenses incurred as its own wrongdoing.  Trade Mark Law Article 54 and Industrial Design Law
Article 53 (NN No. 78/99) provide that court may impose on the trademark owner the compensationfor damage if it is proved that the required provisional measures referred have been unjustified.  The
court may impose on the trademark owner the deposit of an adequate amount as a security for the
person the provisional measure has been ordered against.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
In case of industrial property rights provisional measures comprise:
The desistance from actions infringing a protected right, or actions which might infringe a
protected right, the seizure or exclusion from ci rculation respectively of the products resulting or
acquired by the infringement of a protected right and of the articles (implements and tools)
predominantly used in the creation of the products infringing  a protected right.  The preservation of
evidence on the infringement of the protected right.  If there is a likelihood of irreparable damage to
be done or likelihood that the later derivation of evidence would be difficult or impossible, the courtshall order a provisional measure, without previously notifying the other party (Trademark Law,
Article 53;  Law on the Protection of Geographical Indications of Pr oduct and Services Article 30 (3);
Industrial Design Law, Article 52;  Patent Law, Ar ticle 79;  Law On Protec tion of Layout Design of
Integrated Circuits, Article 22; (NN No. 78/99)).  To the matters concerning the ordering of provisional
measures not regulated by this Laws corresponding provisions of the Law on Execution,Articles 292-307 (NN No. 57/96, 29/ 99) and Civil Procedure Law, Articles 272-276 shall apply.
In case of copyright and related rights provisi onal measures comprise:  seizure, exclusion from
circulation and taking into custody of copies, mean s, equipment, and relevant documents;  interdiction
of imminent infringements or of infringements al ready commenced;  other similar measures (Copyright
Law, Articles 97, 119( 3) NN No. 9/99).
In urgent cases such as danger of irreparable damage or in purpose for preservation of evidence
provisional measures are provided for as well by the Civil Procedure Law, Article 275(5);  Patent Law,
Article 79(3).
The procedures for provisional measures start on written application by the right owner (Civil
Procedure Law, Article 274;  Law on Execution, Article 293).
The court requires the applicant to show probabl e grounds for belief, that his claim is existing
and that without the provisional measure the realiz ation of his claim would be impossible or rather
difficult or that the measure is necessary to preven t the use of force or the event of irreparable harm
(Law on Execution, Article 293 (2), 296, 298).
In its decision, the court is free to define the dur ation of the provisional measure and, in cases in
which the measure was ordered before the initiation of a law-suit or before the beginning of another
proceeding, the deadline for such a be ginning (Law on Execution, Article 303).
The defendant has the right of appeal against the decision on provisional measures (Law on
Execution, Articles 46, 53).  The Court may order the applicant to provide security for the defendant's
damages, which might occur due to the provisional measure (Law on Execution, Article 301).  The
defendant himself may provide security for the right owner's claims;  in such case the provisionalmeasure is revoked (Law on Execution, Article 300 (2) and (3)).  The defendant has the right to claim
damages, caused by the provisional measure, if the measure had no legal ground (Law on Execution,
Article 306).IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 35
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Government of the Republic of Croatia shall prescribe Decree on Border Measures (Customs
Law, Article 70 (3) NN No. 78/99).
The text of the above-mentioned Decree has been drafted already.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Government of the Republic of Croatia shall prescribe Decree on Border Measures (Customs
Law, Article 70 (3) NN No. 78/99).
The text of above mentioned Decree has been drafted already.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
As to infringement of intellectual property ri ghts, the Penal Law provides for the possibility
of ordering safety measures comprising seizure and destruction of objects which were intended for thecommitment of the criminal act concerned, as well as of objects resulted from it.
As to infringement of patent rights, Article 235 paragraph 4 of the Penal Law provides for the
seizure and destruction of objects which have been intended for or used in the commitment of the
criminal act or objects which have resulted from it.
As to the criminal act comprising an unauthorised reproduction of works protected by
copyright for commercial purposes (Articles 229, 230 and 231), the Penal Law provides for the safety
measure comprising the seizure and destruction of objects which have been intended for or used in the
commitment of the criminal act, or objects which have resulted from it (Article 230, paragraph 6 and
Article 231, paragraph 4 of the Penal Law).
The court shall be authorized to order destruction or seizure of the goods infringing
intellectual property rights also according to the Copyright Law (Articles 96, 119, 120a and 120b);
Patent Law (Article 78, paragraph 2, item 4);  Trademark Law (Article 51);  Industrial Designs Law
(Article 50, paragraph 1, item 3);  Law on the Protection of Geographical Indications of Products and
Services (Article 30, paragraph 1);  and according to the Law on the Protection of Layout Designs ofIntegrated Circuits (Article 16, paragraph 1).
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Government of the Republic of Croatia shall prescribe Decree on Border Measures (Customs
Law, Article 70(3) NN No. 78/99).
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
The jurisdiction over criminal acts of infringe ment of IPRs lies with the Municipal Courts,
County Courts and Supreme Court of the Repub lic of Croatia Law on Courts, Articles 16, 17,
NN No. 3/94, 100/ 96, 131/97, 129/00).IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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According to the Penal Law (NN No. 110/97, 27/98) criminal procedures and penalties are
available in respect of infringements such as unauthorized use of inventions, counterfeiting,
broadcasting, reproducing, putting into circulation or communicating to the public a fixation of a
performance, without permission of a performer,  when such permission is required by law, and
thereby obtains substantial material gain.
The authority responsible for initiating criminal procedures is the General Attorney.  Depending
on the type of infringement he acts ex officio or on a complaint. Private persons, i.e. right owners, have
standing to initiate criminal pro ceedings (Penal Law, Article 8 (2)).
The penalties and other remedies that may be imposed specified by category of IP rights and
type of infringement:
Trademarks: counterfeiting – fine or imprisonment, th e infringing goods shall be seized and destroyed
on an obligatory basis (Pen al Law, Articles 284, 285).
Industrial Designs: counterfeiting – fine or impris onment, the infringing goods shall be seized and
destroyed on an obligatory basi s (Penal Law, Articles 284, 285).
Protected Patent Rights: unauthori zed use of inventions – fine or imprisonment, the infringing goods
shall be seized and destroyed on an ob ligatory basis (Penal Law, Article 232).
Copyright (moral rights): – fine or imprisonment,  the infringing goods shall be seized (Penal Law,
Article 229).
Copyright (economic rights): – fine or imprisonment,  the infringing goods shall be seized (Penal Law,
Article 230).
Related Rights (rights of performers): – fine or imprisonment, the infringing goods shall be seized
(Penal Law, Article 231).
IV. RESPONSE TO QUESTION POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
There is only one exception applying in respect of the national treatment of producers and
phonograms.
Article 120a paragraph 7 of the Copyrigh t Law (NN No. 9/99, 76/99) provides for:
"The foreign producers of phonograms shall have the rights prescribed by this Law within the
framework of the obligations assumed by the Republic of Croatia under international treaties
or on the basis of the de facto reciprocity."
The Republic of Croatia made at the date of the deposit of the instrument of its accession to
the International Convention of the Protection of Performers, Producers of Phonograms andIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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Broadcasting Organizations ("Rome Convention")3 the notification declaring reservations referred to
in Article 16 paragraph 1 item (a) (iii) and (iv).
In accordance with the above-mentioned declaration the national treatment of producers of
phonograms in the Republic of Croatia is characterized by the following:
1) The provisions of Article 12 shall not be applied as regards phonograms the producer
of which is not a national of another Contracting State (Article 16 paragraph 1
item (a) (iii) of the Rome Convention).
2) The protection provided for by Article 12 shall be limited, as regards phonograms the
producer of which is a national of another Contracting State, to the extent to which,
and to the term for which, the latter State grants protection to phonograms first fixed
by the national Republic of Croatia (Article 16 paragraph 1 item (a) (iv) of the Rome
Convention).
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
The Republic of Croatia provides for legal protection of indications referring to geographical
origin of goods in compliance with the provisions of the TRIPS Agreement.
General provisions on the compensation for damage of the Law on Obligatory Relations
provide for the protection of rights in terms of compensation for material damage.
The Law on Trade provides for the conditions to be fulfilled while performing foreign trade
operations. On the basis of the said Law, the Government enacts a regulation defining the goods
considered to be of imported origin, prescribes the method of issuing certificates and method of
certifying documents accompanying the importing goods, and provides for the cases in which
certificates of origin relating to the importing goods shall be required.  The said Law establishes
criteria for the enactment of regulations on the origin of goods.  Supervision over the implementationof the provisions of this Law shall be performed by inspection and customs bodies in compliance with
their authority established by special laws.
The said Law prohibits unfair market competition and provides for the legal proceedings
relating to the compensation for damage.  Amongst other things, selling of the goods which carrymarks or indications creating or likely to create  confusion in respect of the source, method of
production, quantity, quality or other features of the goods is considered unfair market competition.
This also includes promotion, advertising or offeri ng of the goods or services, which quote indications
or expressions referring to the reputation of another trader, to his goods or services, or to the goods of
another trader respectively.
The Law on the State Inspectorate provides for the supervision of the State Inspectorate over
the implementation of the law in the field of trade and implementation of other provisions regulating,
among other things, trade operations, protection of consumers, quality of products, protection of
                                                     
3 International Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations ("Rome Convention") came into force for the Republic of Croatia on 20 April 2000.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
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trademarks and geographical indications, production and trade of wines and other products made of
grapes and wines, etc.
The Law on the Protection of Geographical Indications of Products and Services regulates
completely the protection of two kinds of indications: geographical indications and designations of
origin for all the products and services which comp ly with the legal requirements.  The protection of
these indications shall be acquired through their entry into the register of geographical indications and
designations of origin respectively.  The protection is harmonized with the minimum standards
provided by the TRIPS Agreement.
The Law and Regulations on Wine regulate the procedure of controlling the origin and other
features of wines and wine products, as well as the qualitatively and quantitatively expressed wine
production conditioning its quality in the particular territory.
There are many other Regulations providing for the quality of particular products, such as
olive oil, meat or dairy products, associating the quality of a product with its geographical origin.
And finally, the Government regulates by the Decree on the Implementation of the Customs
Law, additional criteria for establishing the origin of goods, the production of which includes more
than one country, the manner of improving the origin of the goods, the manner of issuing certificates,
and specifies the bodies responsible for the certification of documents and provision of explanationsconcerning the origin of goods so that customs authorities could proceed according to the rules of the
Customs Law.
B. P
ATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist  and how they
comply with Article 27 of the TRIPS Agreement.
According to Article 4, paragraph 1 of the Pa tent Law (NN No. 78/99) a patent shall be
granted for an invention which is new, which involves an inventive step and which is susceptible of
industrial application.
The patent protection shall exclude:
- the inventions relating to animal breeds, plant varieties, and essentially biological
processes for the production of a plant or an animal, except for the inventions relating
to microbiological processes and products resulting from such processes;
- the inventions the publication or exploitation of which would be contrary to the
public order or morality.  The exploitation shall not be considered to be so contrary
merely because it is prohibited by a legal provision.
The cited provision of the Patent Law shows that it is in compliance with Article 27 of the
TRIPS Agreement.
Follow-up question:
You mention that according to Article 4, paragraph 1 of the Patent Law (NN No. 78/99),
the patent protection shall exclude plant varietie s.  Please explain how your legislation provides
for protection of plant varieties.  Is it a protection by a sui generis  s y s t e m  a s  i n d i c a t e d  i n
Article 27.3 (b)  of the TRIPS Agreement?IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 39
As already stated, plant varieties are excluded from patent protection, however, their
protection is provided by sui generis  provisions, in compliance with Article 27.3(b) of the TRIPS
Agreement.  The sui generis  provisions are as follows:
- Law on the Protection of Agricultural Plant Varieties (NN Nos. 131/97 and 62/00);- Law on Seeds, Planting Material and Granting of Agricultural Plant Varieties
(NN No. 131/97);
- Law on Granting New Authorization for Introducing into Production Foreign, and
Protection of Agricultural and Forest Pl ant Varieties (NN Nos. 53/91, 26/93 and
29/94).
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
According to Article 52, paragraph 2 of the Patent Law any other person not having the patent
owner's consent shall be prohibited from:
- making, offering for sale, selling, using or importing and stocking for such purposes,
the product carried out according to the invention;
- using the process which is the subject matter of the invention, or offering the use
thereof;
- offering for sale, selling, using or, importing and stocking for such purposes, the
product which is obtained directly from a process which is the subject matter of the
invention.
Article 232, paragraph 2 of the Penal Law (NN No. 110/97) provides for a fine or
imprisonment up to three years for a person who manufactures, imports, transfers across a borderline,
offers, puts into circulation, stocks or uses a product or a process which is the subject matter of the
patent protection.  Paragraph 4 of the same Article provides for seizure and destruction of the objectsintended for or used in the commitment of a crim inal act or resulting from such a commitment.
Follow-up question:
Please confirm whether your law, in acco rdance with Article 27.1 of the TRIPS
Agreement in combination with Article 31 of the TRIPS Agreement, considers importation as
"working/utilizing" a patent (and therefore precludes compulsory licensing, if a product is
imported).
According to the Croatian Law, importation shall be considered as "exploitation" of a patent
and therefore precludes compulsory licensing for imported products.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
According to Articles 57-59 of the Patent Law:
The court in the Republic of Croatia shall be exclusively competent and may grant a
compulsory licence on the request of any interested  person, if the patent owner does not exploit theIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 40
protected invention, or exploits it to the extent which is insufficient to satisfy the needs of the
Croatian market and refuses to conclude a licence contract or sets forth non-market terms for the
conclusion of such a contract.
A request for the grant of a compulsory licence may be filed after the expiration of the period
of 4 years as from the filing date of the application or after the expiration of the period of 3 years as
from the date of the patent grant, whichever occurs later.  If the exploitation of a protected invention
is of public interest (health, defence, protection and improvement of the human environment) or of a
special interest for a particular branch of economy, the compulsory licence may be granted even
before the expiration of the specified terms.
A compulsory licence shall not be granted if the patent owner proves the existence of
legitimate reasons justifying the non-exploitation or insufficient exploitation of the protected
invention.
In the case of the grant of a compulsory licence, the patent owner shall be entitled to a
remuneration, corresponding to the economic value of the licence which shall be determined by a
court decision.
A compulsory licence shall be granted for the purposes of supplying the domestic market.  It
shall not be exclusive and the duration thereof is connected exclusively with the duration of reasons ithas been granted for.
A compulsory licence shall not be transferred without the production plant or the part thereof
respectively, in which the invention it is granted for has been exploited.
The patent owner may not prohibit to other persons offering for sale, sale or use of the
product previously put on the domestic market by him or by other person having his express consent.
Follow-up questions:
(a) Please explain whether your legislation provides for judicial review or other
independent review of the legal validity of any decision by administrative authorities relating tothe authorization of use as mentioned in Article 31 of the TRIPS Agreement.
The grant of a compulsory licence in the Republic of Croatia shall be the responsibility of
courts, and that of the Commercial Court in the firs t instance, and the High Commercial Court in the
second instance (Law on Courts, NN Nos. 3/94, 100/96, 131/97 and 129/00).
(b) Does your legislation provide for the granting of compulsory licences to allow the
exploitation of a patent ("second patent") which cannot be exploited without infringing another
patent ("the first patent") as mentioned in Article 31 (l) TRIPS Agreement?  If so, which
conditions shall apply for the granting of such licences in your legislation?
Since not explicitly provided for, it may be understood that a request for granting a
compulsory licence may be filed in the case of exploitation of the so-called "second patent", which
may not be used without infringing the "first patent".  Its grant shall depend on the course of the
procedure, provided that the following requirements, referred to in Articles 57-59 of the Patent Law
are complied with:  the person filing a request shall prove that the patent owner does not exploit theprotected invention or that he exploits it to the extent which is insufficient to satisfy the needs of the
Croatian market or that he refuses to conclude a licence contract or sets forth non-market terms for the
conclusion of such a contract.IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 41
A compulsory licence shall be granted exclusively for the purposes of supplying the domestic
market and in the case of its granting, the patent owner shall be entitled to remuneration,
corresponding to the economic value of the licence, to be determined by the court decision.
The patent owner may prove the existence of legitimate reasons for justifying the non-
exploitation or insufficient exploitation of the protected invention.
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
The Law on General Administrative Procedure (NN No. 53/91) in its Article 160 stipulates
that the decision on whether certain fact is required to be proved or not shall be made by the personofficially conducting the procedure, taking into account whether such fact may affect the solution of
the matter or not.
The Law on Legal Proceedings (NN No. 53/91) in its Article 219 stipulates that each party
shall state facts and propose evidence supporting its request or contesting statements and evidenceprovided by the counter-party.
Article 220 of the said Law provides for that evidence includes all the facts which are relevant
for the decision making, and that the evidence to be used for the purpose of establishing relevant facts
shall be decided by the court.
C. P
ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected againstdisclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does your
legislation provide for exceptions to this? If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
General rules on the protection of undisclosed information are contained in the Law on the
Protection of Data Se crecy (NN No. 108/96).
According to Article 19 of this Law, business secret shall comprise the data which is defined
as business secret by the Law, another regulation of a by-law of a company, of an institution or of anyother legal entity, and which represent a production secret, research and design results, as well as
other data the communication of which to an unauthorized person would damage its economic
interests.
Furthermore, the data which is concerned to be a business secret shall not be communicated
nor made available to unauthorized persons, unless otherwise provided by a special law (Article 22,
paragraph 1)
The obligation of keeping the data secret shall be met until the person authorized to establish
the secrecy of a certain data establishes that the need for keeping its secrecy ceased to exist. Forofficial and business secrets such obligation may cease to exist at the expiration of the term of office,
service or employment of the person dealing with secret data, if not provided otherwise by the law or
regulation based on that law, and that:IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 42
a) for data established as official secret - five years counting from the discontinuance of
office, service or employment in the body the data of which was protected by a certain
degree of secrecy;
b) for data established as business secret - one year counting from the discontinuance of
office, service or employment in the body the data of which was protected by a certain
degree of secrecy (Article 28, paragraph 3).
Additional protection of data secrecy may be provided by enterprises in their statutes,
regulations, employment contracts and contracts made with their business partners.
Test data and other information submitted in the procedure for market authorization of a
pharmaceutical or of an agricultural chemical product are protected by special regulations enacted by
the Ministry of Health and the Ministry of Agriculture and Forestry.
Article 18 of the Law on Drugs and Medical Pr oducts (NN No. 124/97) stipulates that the
documents related to pharmaceutical or medical products shall be treated as trade secrets.
Follow-up question:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorization of a pharmaceutical or of
an agricultural chemical product, please explain in  detail if your legislation explicitly prohibits a
second applicant from relying on, or from referring  to, the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does the
responsible State Agency require the same amount of data from the second applicant as fromthe first applicant?  Does your legislation set a specific term of protection for undisclosed test or
other data of the first applicant?
The data referred to in the above-mentioned question (the so-called "test data") is considered
to be business secrets, regulated by the Regulations on the Procedure and Method of Giving
Authorizations for Putting Medical Products into  Circulation (NN No. 92/99) based on the Law on
Medical Products and Medicines (NN No. 124/97).
The same applies to the data concerning new varieties of agricultural plants being under the
granting procedure, provided by the Law on Seeds, Planting Material and Granting of Agricultural
Plant Varieties (NN No. 124/97).
The definition of a business secret (as well as other kinds of secrets) is provided for by the
Law on the Protection of Data Secrecy (NN No. 108/96) while the Penal Law (NN No. 110/97)
provides for penal provisions in the case of its disclosure.
There are no provisions in our legislation according to which such data shall be subject to
compulsory governmental disclosure.
D. E
NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
Article 285 of the Penal Law of the Republic of Croatia provides for a criminal act of wilful
trademark counterfeiting, as well as for the sanctioning of infringements of other intellectual property
rights (except patents) committed with the aim of acquiring a financial gain.  The infringement ofIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 43
intellectual property is subject to sanctions ranging from a fine to imprisonment up to five years.  The
Penal Law also provides for the possibility of ordering safety measures comprising seizure and
destruction of objects intended for the commitment of criminal act concerned, as well as of objects
resulting therefrom (Article 285, paragraph 5).
Sanctions applying to patent infringements are provided for by Article 235 of the Penal Law.
Sanctions applying to patent infringement range from a fine to imprisonment up to five years.
Paragraph 4 of the said Article provides for seizure and destruction of objects intended for or used in
the commitment of a criminal act or resulting therefrom.
The Penal Law also provides for a criminal act comprising unauthorized reproduction of
works protected by copyright with the aim of acquiring financial gain (Articles 229, 230 and 211).Sanctions applying to perpetrators range from a fine to imprisonment up to five years, including a
safety measure comprising seizure and destruction of objects intended for or used in the commitment
of a criminal act or resulting therefrom (Article 230, paragraph 6, and Article 231, paragraph 4 of the
Penal Law).
Special laws applying to particular fields of intellectual property provide for infringements of
particular intellectual property rights and sanctions for such infringements.
Follow-up question:
Please explain how your legislation implements Article 50 of the TRIPS Agreement and
how the special requirements related to border measures of Articles 51 to 60 of the TRIPS
Agreement are implemented in your legislation.
In the case of industrial property rights, provisional measures comprise: desisting from
actions infringing protected rights or actions which might infringe protected rights;  the seizure or
exclusion from circulation respectively of the products resulting or acquired by the infringement of
protected rights and of the articles (implements and tools) predominantly used in the creation of the
products infringing protected rights;  the preservation of evidence on the infringement of the protected
rights.  If there is a likelihood of irreparable damage to be done or likelihood that the later derivation
of evidence would be difficult or impossible, the court shall order a provisional measure, without
previously notifying the other party (Trademark Law, Article 53;  Law on the Protection ofGeographical Indications of Product and Services, Article 30(3);  Industrial Design Law, Article 52;
Patent Law, Article 79;  Law on Protection of La yout-Designs of Integrated Circuits, Article 22;
NN No. 78/99).  To the matters concerning the orde ring of provisional measures not regulated by
these Laws, corresponding provisions of the La w on Execution, Articles 292-307 (NN Nos. 57/96 and
29/99) and Civil Procedure Law, Articles 272-276 shall apply.
In the case of copyright and related rights, provisional measures comprise:  seizure, exclusion
from circulation and taking into custody of copies, means, equipment, and relevant documents;
interdiction of imminent infringements or of infringements already commenced;  other similar
measures (Copyright Law, Ar ticles 97, 119(3) NN No. 9/99).
In urgent cases such as danger of irreparable damage or for the purpose of preservation of
evidence, provisional measures are provided as well (Civil Procedure Law, Article 275(5); Patent
Law, Article 79(3)).
The procedures for provisional measures start on written application by the right owner (Civil
Procedure Law, Article 274;  Law on Execution, Article 293).
The court requires the applicant to show probable grounds for belief that his claim is existing
and that without the provisional measure the realiz ation of his claim would be impossible or ratherIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 44
difficult or that the measure is necessary to prevent the use of force or the event of irreparable harm
(Law on Execution, Articles 293(2), 296 and 298).
In its decision, the court is free to define the duration of the provisional measure and, in cases
in which the measure was ordered before the making of a lawsuit or before the beginning of another
proceeding, the deadline for such a beginning (Law on Execution, Article 303).
The defendant has the right of appeal against the decision on provisional measures (Law on
Execution, Articles 46, 53).  The court may order the applicant to provide security for the defendant's
damages, which might occur due to the provisional measure (Law on Execution, Article 301).  The
defendant himself may provide security for the righ t owner's claims, in such case the provisional
measure is revoked (Law on Execution, Article 300(2) and (3)).  The defendant has the right to claim
damages, caused by the provisional measure, if the measure had no legal ground (Law on Execution,
Article 306).
The special requirements related to border measures of Articles 51 to 60 of the TRIPS
Agreement are implemented in Decree on Border Measures which the government of the Republic of
Croatia shall prescribe (Customs Law, Article 70(3) NN No. 78/99).  The text of the above-mentioned
Decree has been drafted already.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
Presently, the Republic of Croatia has no new initiatives in this field because the intellectual
property rights are in compliance with the provisions on enforcement of the TRIPS Agreement.  Butthere is initiative for the provision of special measures related to the protection of intellectual property
rights on borderline.  Namely, the enactment of the Decree on Special Border Measures for the
Protection of Intellectual Property Rights is underway, whereby the Croatian legislation will achieve
full harmonization with the provisions of the TRI PS Agreement also in this segment of intellectual
property protection.
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. S
TATISTICAL QUESTIONS
1. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated-circuit layout design and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the
amount of damages awarded.
According to the Law on Courts (NN Nos. 3/94, 100/96, 131/97, 129/00), trade courts handle
disputes related to intellectual property.  In the Republic of Croatia there are four trade courts whichhave civil jurisdiction over intellectual property rights infringement.  The two largest of the
above-mentioned courts provided data for 2000 as follows:
Trade Court in Zagreb
- 395 instituted proceedings related to intellectual property- 50 cases resolvedIP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 45
Trade Court in Rijeka
- 1 instituted proceeding for copyright infringement (amount of dispute value approx.
€5,000)
- 1 instituted proceeding for patent infringement (amount of dispute value approx.
€10,000)
- neither case is resolved yet.
2. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
The Ministry of the Interior of the Republic of Croatia provided data for 2000, covering as well the
period from 1 January to 30 June 2001, as follows:
The police seized:
• 46,540 compact discs;
• 17,684 videocasettes;
• 3,294 audiocassettes;
• 2,124 floppy discs;
• 50 DVDs;
• 26 mini discs;
• 6 ZIP media;
• 69 PC including equipment.
The police dealt with:
• 1,046 cases of intellectual property infringement;
• 517 criminal charges were brought;
• 422 persons and 495 intellectual property infringements were reported specifically for
infringement of authors' and performers' rights.
The Ministry of Justice, Public Administration and Local Self-Management of the Republic of Croatia
and Bureau of Statistics of the Republic of Croatia provided data for 2000 as follows:
- 5 persons were reported for infringing authors' and performers' rights, out of which
one person was prosecuted but nobody was convicted;
- 309 persons were reported for unauthorized use of authors' works or of performers'
performances, out of which 250 were prosecuted and 205 convicted.  Out of the total
number of convicted persons:  1 person was sentenced to prison (actually served) and
71 jail terms were suspended, 114 persons were fined (and fines actually paid) and 9persons were fined under suspension;
- 9 persons were issued court citations and 1 person a re-education measure, 4 persons
were reported for infringing the rights of phonogram producers/broadcasting
organizations, 5 persons were prosecuted out  of which 3 were unconditionally fined;IP/Q/HRV/1, IP/Q2/HRV/1,
IP/Q3/HRV/1, IP/Q4/HRV/1
Page 46
- 3 persons were reported for counterfeiting trademarks; no-one was prosecuted or
convicted.
__________