WORLD TRADE
ORGANIZATIONIP/N/6/HRV/1/Rev.1
29 October 2002
(02-5946)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Croatia
Revision
By a communication from its Permanent Mission, dated 19 April 2001, Croatia has indicated
several changes in the answers to the Checklist of Issues on Enforcement circulated in document
IP/N/6/HRV/1.  Please find below the revised text.
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Civil and Administrative Procedures and Remedies
(a) Civil judicial procedure and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The courts which have jurisdiction over intellectual property right cases are trade courts with
territorial jurisdiction.  There are four trade courts which are dealing with intellectual property cases.
Appeal against their decisions are examined by the High Trade Court in Zagreb (Law on Courts,Articles 19(2) p.d. 20, The Official Gazette of the Republic of Croatia N° 3/1994, 100/1996,
131/1997, 129/2000).
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Any right holder of an intellectual property right, who or which is a natural or legal person,
has standing to assert his /its rights  (Civil Procedure Law, Article 77(1) - The Official Gazette of the
Republic of Croatia N° 53/1991, 91/1992, 112/1991; Copyright Law, Articles 95 and 119 – The
Official Gazette of the Republic of Croa tia N° 9/1999, 76/1999, 127/1999;  Trademark Law,
Article 50, Law on the Protection of Geographical Indications of Product and Services, Article 30;
Industrial Designs Law, Article 50;  Patent Law, Articles 74, 76 and 77;  Law on Protection of
Layout-Designs of Integrated Circuits, Article 22 – The Official Gazette of the Republic of Croatia N°
78/1999).  In addition and subject to special conditions, this stands also for other forms of
associations, which do not have the legal status of a natural or legal person (Civil Procedure Law,
                                                     
1 Document IP/C/5.IP/N/6/HRV/1/Rev.1
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Article 77(3)) and for organisations of authors and other copyright owners, as well as other
specialised organisations for the administering of copyright and related rights (Copyright Law,
Articles 90 and 116).
Intellectual property right holders may be represented by any natural person with full legal
capacity (Civil Procedure Law, Article 90(1);  Copyright Law, Articles 89 and 115), by an attorney
(Civil Procedure Law, Article 95) or by an authors association or authors agency (Copyright Law,
Article 90).
There are no requirements for mandatory personal appearances before the court of the right
holder (Civil Procedure Law, Article 269 and 295).
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
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 control (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, what importance is to be given to the fact of the
denial of access of information (Civil Procedure Law, Article 233(5)).
4. What means exist to identify and protect confidential information brought forward as
evidence?
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 all
parties that they have to respect the confidential nature of any relevant information, which they
receive in such hearings (Civil Procedure Law, Articles 307-310).
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
 The court may order the infringer to desist from a preparatory act for an infringement and the
infringement itself (Copyright Law, Articles 95  and 119) and from further infringements (Copyright
Law, Articles 96 and 119;  Trade Mark Law, Article 50;  Law on the Protection of Geographical
Indications of Product and Services, Article 30;  Industrial Design Law, Article 50;  Patent Law,
Article 78;  Law on Protection of Layout-Designs of Integrated Circuits, Article 22).
Damages, including recovery of profits, and expenses, including attorney’s feesIP/N/6/HRV/1/Rev.1
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The court may order damages to be paid in favour of the right holder (Copyright Law,
Articles 95 and 119;  Trademark La w, Article 50;  Law on the Protection of Geographical Indications
of Product and Services, Article 30;  Industrial Design  Law, Article 50;  Patent Law, Article 78;  Law
on Protection of Layout-Designs of Integrated Ci rcuits, Article 22).  Damages include recovery of
profits and expenses (Law on Obligations, Articles 185, 189 and 190 - Official Gazette of theRepublic of Croatia Nº 53/1991).  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 and
154(1)).  The criterion for this is the actual existence of damage or expenses.
Destruction or other disposal of infringing goods and materials/implements for their
production
The court may order that the infringing copies, their packaging, stencils, negatives, plates,
melds 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.
Other remedies
- Publication of the judgement
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 Designs Law, Article 50(1) p.5;  Patent Law, Article 78(1) p.5;  Law on
Protection of Layout-Designs of Integrated Ci rcuits, Article 22).  The criterion is that
an infringement has occurred.
- Moral damage
The court may order that the infringer pays to the right holder monetary satisfaction
for non-material damages (Copyright Law, Article 95).  The criteria are that an
infringement of moral rights has occurred, that it has caused mental anguish and
suffering to the author;  and that the degree and duration of the suffering entitle the
monetary compensation (Law on Obligations, Article 200).
- Punitive damages
In case of infringement of copyright 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 permits such acts, shall be guilty of criminal offence (CopyrightLaw, Articles 121-129).
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of theirchannels of distribution?
Such circumstances are not foreseen.IP/N/6/HRV/1/Rev.1
Page 4
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
In case of abuse of enforcement procedures, general rules on damages (Law on Obligations,
Articles 16 and 154-209) will apply for the indemnification of the defendant.
Public authorities are liable for damages, caused by their officials to third parties in the
administration or in connection with the administration of their duties, under the general rules on
damages (Law on Obligations, Article 172).
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The courts shall endeavour that the procedures shall not entail delays and shall run under the
lowest costs possible (Civil Procedure Law, Article 10).  The proceedings are summarily (Patent Law,
Article 81).
The actual duration of proceedings and their costs depend on the complexity of each
individual case (e.g. attorney’s fees are proportional to the extent of the sums claimed).
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Administrative procedures are not foreseen.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
In case of industrial property rights a provisional measure comprising:  the desistance from
actions infringing a protected right, or actions which might infringe a protected right, the seizure or
exclusion from circulation 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 theproducts infringing a protected right.  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 (Tra demark Law, Article 53;  Law on the Protection of
Geographical Indications of Product and Services, Article 30(3);  Industrial Design Law, Article 52;Patent Law, Article 79;  Law on Protection of Layout -Designs of Integrated Circuits, Article 22).  To
the matters concerning the ordering of provisional measures not regulated by these laws,
corresponding provisions of the Law on Execution, Articles 292-307 Official Gazette of the Republic
of Croatia Nº 57/1996 and Nº 29/1999, and the Civil Procedure Law, Articles 272-276, shall apply.
In case of copyright and related rights:  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,
Articles 97 and 119(3)).IP/N/6/HRV/1/Rev.1
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11. In what circumstances may such measures be ordered inaudita altera  parte ?
In urgent cases (irreparable damage, preservation of evidence) (Civil Procedure Law,
Article 275(5);  Patent Law, Article 79(3)).
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Initiation
The procedures for provisional measures start on written application by the right holder (Civil
Procedure Law, Article 274;  Law on Execution, Article 293).
Ordering and maintenance in force
The court requires the applicant to show probable grounds for belief, that his claim is existing
and that without the provisional measure the relaxation of his claim would be impossible or rather
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).
Time-limits
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 law-suit or before the beginning of another
proceeding, the deadline for such a beginning (Law on Execution, Article 303).
Defendant’s safeguards
The defendant has the right of appeal against the decision on provisional measures (Law on
Execution, Articles 46 and 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 holder’s claims;  in such casethe provisional measure is revoked (Law on Execution, Article 300(2) and (3)).  The defendant has
the right to claim damages, caused with the provisional measure, if the measure had no legal ground
(Law on Execution, Article 306).
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The courts shall endeavour that the procedures shall not entail delays and shall run under the
lowest costs possible (Civil Procedure Law, Article 10;  Law on Execution, Article 13(1).  The
procedure concerning the action for the infringement of a patent shall be urgent (Patent Law,Article 81).
The actual duration of proceedings and their cost depends on the complexity of each
individual case (e.g. attorney’s fees and court taxes are proportional to the extent of the sums
claimed).IP/N/6/HRV/1/Rev.1
Page 6
(b) Administrative procedures
14. Reply to the above questions in relation to any administrative provisional measures.
Administrative procedures are not foreseen.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as definedin the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
The Government of the Republic of Croatia shall prescribe a Decree on Border Measures
(Customs Law, Article 70(3) - The Official Ga zette of the Republic of Croatia N° 78/1999).
The text of the above-mentioned Decree has been drafted already.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
On the issue of procedures as on any other issue related to the special requirements related to
border measures, the Draft Decree on Border Measures  is fully harmonised with the provisions of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (Section 4).
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
The proceedings shall be guided in a fast way, under the lowest cost possible and shall not
entail delays (General Administrative Procedure Law, Article 13).
The actual duration of proceedings and their cost depend on the complexity of each individual
case.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
The Customs Authorities have no powers to act upon their own initiative yet.  Such
possibility is foreseen in the above-mentioned Draft Decree on Border Measures.IP/N/6/HRV/1/Rev.1
Page 7
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The Customs Authorities may order that such goods be seized, their release into free
circulation be suspended, and the goods be detained awaiting final decision by the competentauthority (Copyright Law, Article 120(d)).
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The jurisdiction over criminal acts of infringement of intellectual property rights lies with the
Municipal Courts, County Courts and Supreme C ourt of the Republic of Croatia (Law on Courts,
Articles 16 and 17).
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Protected rights: unauthorised use of inventions (Penal Law – The Official Gazette of the
Republic of Croatia N° 110/1997, 27/1998, Article 232).
The other rights of industrial property:  counterfeiting (Penal Law, Article 285).
Copyright (moral rights):  (Penal Law, Article 229).
Copyright (economic rights):  (Penal Law, Article 230).
Related rights (rights of performers):  whoever, without permission of a performer, when such
permission is required by law, broadcasts, reproduces, puts into circulation of communicates to the
public a performance or a fixation of a performance, and thereby obtains substantial material gain
(Penal Law, Article 231).
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
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.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons, i.e. right holders, have standing to initiate criminal proceedings, according to
Article 8(2) of the Penal Law.IP/N/6/HRV/1/Rev.1
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24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
Trademarks:  counterfeiting – fine or imprisonment, the infringing goods shall be seized and
destroyed on an obligatory basis (Penal Law, Articles 284 and 285).
Industrial designs:  counterfeiting – fine or imprisonment, the infringing goods shall be seized
and destroyed on an obligatory basis (Penal Law, Article s284 and 285).
Protected patent rights:  unauthorised use of inventions – fine or imprisonment, the infringing
goods shall be seized and destroyed on an obligatory basis (Penal Law, Article 232).
Copyright (moral rights): – fine or imprisonmen t, 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).
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
The courts shall endeavour that the procedures shall not entail delays (Law on Criminal
Procedure – The Official Gazette of the Re public of Croatia N° 110/1997, Article 10(2)).
The costs of criminal procedure and costs of investigation (Law on Criminal Procedure,
Articles 119-126).
The actual duration of proceedings and their costs depend on the complexity of each
individual case.
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