RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/262/Add.2
3 July 2001
(01-3308)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Croatia to the questions posed by
the European Communities and their member States
Addendum
By means of communications from the Permanent Delegation of Croatia dated 15 June 2001,
the Secretariat has received the following responses to the questions posed by the European
Communities and their member States, as circulated in document IP/C/W/274.
_______________
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 se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 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 (The Official Gazette of the Republic of Croatia,
no 78/1999) 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 andveterinary medicines, medical and veterinary produ cts or preparations for the protection of plants.
The other exception of patent rights is 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.
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 ofprotection 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.IP/C/W/262/Add.2
Page 2
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
Berne Convention (1971)).
By the notification on succession of July 28, 1992, the Republic of Croatia became party to
the Berne Convention for the Protection of Literary and Artistic Works of September 29, 1979, andeffective as from October 8, 1991, with a reservation as regards Article 8 of the Convention.  On
September 16, 1999 the Government of the Republic of Croatia enacted a Decree on the Withdrawal
of 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 published in the "Narodne novine"- The Official Gazette of
the Republic of Croatia no. 9/99, 76/99 and 127/99 and harmonized with Articles 1 through 21 of the
Berne Convention, as follows hereinafter.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Computer programs made equal to 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;
……"
and 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 authorisation 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, in proportion 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.IP/C/W/262/Add.2
Page 3
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 author’s 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:
"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 theoriginals 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 authorisation through sale or in any other way."
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations 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;IP/C/W/262/Add.2
Page 4
- 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.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 authorisations 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 for
other 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 shall apply to the rights of the producers ofphonograms 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 organisations be given exclusive
rights:IP/C/W/262/Add.2
Page 5
"If not otherwise provided by this Law, a broadcasting organisation has the exclusive right to
authorise:
- 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.
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 organisation
or with its authorisation.
In cases referred to in paragraph 1 of this Article, the broadcasting organisation shall have the
right to a remuneration, if not otherwise prescribed by this Law or by a contract.
The rights of the broadcasting organisations 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 organisations.
The foreign broadcasting organisations 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 organisations 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 accordance 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 been
expressly prohibited by the author;IP/C/W/262/Add.2
Page 6
- 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.
The provisions of the first paragraph of th is 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
authorisation 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.IP/C/W/262/Add.2
Page 7
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, in
scientific, artistic and other organisations, as well as at public meetings and official celebrations, may,
without the authorisation 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.
Other lectures, addresses and other works of the same nature may, without the authorisation
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 authorisation 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 authorisation 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 organisation for broadcasting, by means of its
own facilities and for its own broadcasts (e phemeral recordings), provided that the
said organisation 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 thepayment of a remuneration.
Article 108
“The rights of the performer who is the employee of an organisation shall be governed by the
Regulations of that organisation, 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 organisation of which the performer is the employee may use the said employee's
performance without his authorisation provided that the performance formed part of his work
obligations.”IP/C/W/262/Add.2
Page 8
Limitation and exception of rights of producers of phonograms and broadcasting
organisations 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 authorisation 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 organisation for broadcasting, by means of its
own facilities and for its own broadcasts (e phemeral recordings), provided that the
said organisation 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 each 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 pseudonymleaves 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."IP/C/W/262/Add.2
Page 9
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:
"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 organisations is regulated by Article 120b(4) of
Copyright Law:
"The rights of the broadcasting organisations 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 obligation 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 ("Official Gazette of the Republic of Croatia", 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 ("Official Gazette of the Republic of Croatia", No. 76/99) shall also apply to the
phonograms and to the performances fixed thereon, the first fixation of which took place within fiftyyears prior to the beginning of the calendar year in which this Law .
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 (The Official Gazette of the Republic of
Croatia, 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 the
goods 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:IP/C/W/262/Add.2
Page 10
A trademark shall not protect a sign:
- which is contrary to the public order or morality;- which is not capable of being represented graphically;- 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 ofthe 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 organisation, and
the imitations thereof, except with the author isation of the competent authority of the
country or the organisation.
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 a registrationin 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.IP/C/W/262/Add.2
Page 11
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.
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
indefinite number of times, and that, for the periods of ten years each, provided that the trademarkapplicant 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 of
the 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 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 of
Geographical Indications of Product and Services provides for the following: "Where a geographicalIP/C/W/262/Add.2
Page 12
indication has been filed for registration, the application for the registration of a trade mark 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 trade mark, the trade mark shall be
declared invalid".
Furthermore, a claim against an application for the registration of a trade mark under the first
paragraph of this Article may be asserted by an in terested party within five years of the publication of
the 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.
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 requestfor 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 (theplace of origin), of quality, reputation or other characteristics regarded to be essentially attributable to
its geographic origin.
A geographical indication of products shall be granted protection provided the method of
production, processing or preparation of a 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 for
providing a particular service from the country of origin, or the membership in a professionalassociation 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
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 carried
out in the place of origin, giving a description or specification of the geographical region and itsinfluence to the characteristics of products or services.IP/C/W/262/Add.2
Page 13
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 the
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 ifthe 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 competentCommercial 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, eitherfor a period of minimum ten years prior to the conclusion of the Agreement:
- Establishing the World Trade Organisation, 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 subsequentregistration 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 of
the publication of a trade mark, and a claim against a registered trade mark under thefirst 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 in
good faith and the trademark registered, or where the right of use was acquired by the use in goodfaith 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 the TRIPS Agreement, paragraph 6, under Article 24 have been applied
in order to establish that the:IP/C/W/262/Add.2
Page 14
- 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;
- 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 aproduct or a service (a generic indication). A designation of origin granted protection
by 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 the TRIPS Agreement, paragraph 8, 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 tomislead the public as to the true geographical origin of the product or service.
The exceptions from the TRIPS Agreement, paragraph 9, 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.
E. I
NDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs areprotected.
Industrial Design Law (The Official Gazette of the Republic of Croatia no 78/1999) shall not
grant protection to designs essentially dictated by technical or functional characteristics required to
obtain a certain technical result or  a normal 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 orsubstantially imitating the protected design without the authorisation by the holder of industrial
design.
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.IP/C/W/262/Add.2
Page 15
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.
The Croatian Patent Law (Official Gazette of the Republic of Croatia No. 78/99 ) gives the
following definitions of the 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 in
paragraph (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 on
November 22, 1928, and last revised on May 31, 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 legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are 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 says 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, inIP/C/W/262/Add.2
Page 16
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.
The compulsory license, as one of the exclusions of the patent rights, is regulated in the
Article 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 provides 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 the 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 compositionsused 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, and 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.IP/C/W/262/Add.2
Page 17
Plant varieties are not covered by patent protection provided for under the Law on Protection
of Agricultural Plant Varieties (Official Gazette of the Republic of Croatia No. 131/97).  The
legislation under the Patent Law has no stipulati ons for the explicit protection of micro-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 paragraphs 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.
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 theproducts, in particular substances or compositions used in such methods.
Industrial Applicability  (Article 8 of the Patent Law) :
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 a  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 the
inventions relating to microbiological processes and products resulting from such processes.
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.
Diagnostic or surgical methods or methods of treatment practised 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.
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,IP/C/W/262/Add.2
Page 18
- 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 theinvention.
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 ci rcumstances 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.
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, and
- the publication of  the court  decision at the expense of the defendant. (Article 78)
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 (Official Gazette of the Republic of Croatia 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 or imprisonment.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, 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 underIP/C/W/262/Add.2
Page 19
provisions 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 an y 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 Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior 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 carried
out by a person skilled in the art, the application must be accompanied by the proof to the effect thatthe 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 ofMicro-organisms for the Purposes of Patent Procedure of April 28, 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.
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 exploite d 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, orexportation 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,
- 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 legislation 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 Licence  is provided for in Article 57 and 58 of Patent Law.  The conditions
under which a compulsory licence may be granted are following:IP/C/W/262/Add.2
Page 20
- 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 license 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 license, on the request of any interested person.
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, defence, protection
and improvement of the human environment) or of a special interest for a particular branch ofeconomy, the compulsory license may be granted even before the expiration of the above referred
terms.
A compulsory license shall not be granted if the patent owner proves the existence of the
legitimate reasons justifying the non-exploitation or insufficient exploitation of the protectedinvention.
In the case of the grant of a compulsory license, the patent owner shall be entitled to a
remuneration, corresponding to the economic value of the license which shall be determined by the
court decision.
A compulsory license 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 license 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 right 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 acompulsory licence shall be authorised 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 additi onal protection for innovations after the 20 years
of patent protection has lapsed.
The Croatian Patent Law doesn’t grant additional protection for innovations after the 20 years
of patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
Such provision does not exist in Patent Law.IP/C/W/262/Add.2
Page 21
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
(The Official Gazette of the Republic of Croatia, no 78/1999)  in application since January 1, 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 Procedure (The Official Gazette of the Republic of Croatia, no 53/1991.)   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 topographies includingintegrated 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 to
topography under protection shall have the exclusive right of its commercial exploitation, including
the right to allow or prohibit reproduction of the topography, importation, sale or other forms ofputting 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 of
the protected topography.
41. Please explain how your legislation provides 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 authorisation 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 protected
topography if deemed original and a result of personal creative effort of its creator and it is not knownfrom everyday use in the industry of semiconductors.IP/C/W/262/Add.2
Page 22
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 authorisation 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 protected
topography 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 inthe 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 Secrecy (Official Gazette of the Republic of Croatia 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 secret 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 were 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 were 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 legislation 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 Secrecy (Official Gazette of the Republic of Croatia 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 secret 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 were protected by  a
certain degree of secrecy,IP/C/W/262/Add.2
Page 23
(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 were 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 Secrecy (Official Gazette of the Republic of Croatia 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 defines da ta 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).
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 the
Republic 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, mobilisation 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;IP/C/W/262/Add.2
Page 24
- 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 precious
metals, radioactive elements, gas and petrol;
- discoveries and inventions of great military and scientific as well as of economic
importance;
- data on the organisation, structure, number, technical equipment and deployment of
employees in intelligence services, armed forces and police powers of the Republic ofCroatia.
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 an 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 Industrial Design Law, Artic le 50; Patent Law, Ar ticle 78, Law on Protection
of Layout Design of Integr ated 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 Law, 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 - Official Gazette of th e Republic of Croatia
no. 53/1991).  The winning party is entitled to recover from the opposing party all expenses due to theprocedure, including attorney's fees (Civil Procedur e Law, Articles, 151, 154(1)).  The criterion for this
is the actual existence of damage or expenses.
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.
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 th e Protection of Geogra phical Indications of
Product and Services Article 30(1) p. 7 ; Industrial De sign Law, Article 50 (1) p. 5; Patent Law, Article
78(1) p. 5, Law  on Prot ection of Layout Design of Integrated Circuits, Article 22).  The criterion is that
an infringement has occurred.IP/C/W/262/Add.2
Page 25
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 has
occurred, that it has caused mental anguish and sufferi ng 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 permits
such 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 li es within its control, the court judges at its
own discretion and due to all circumstances, decides wh at importance is to be given to the fact of the
denial of access of information (C ivil 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 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).
49. Please quote provisions of your legislati on 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 broadcastingorganizations /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 association, or other legal entity specialised for the
administration of copyrights, to whom it seems likely that the concerned copyright was infringed or
that 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 infr ingement of rights of performers /Article 119/,
infringement of rights of producers of phonograms /Article 120a/ and infringement of rights of
broadcasting organisations /Article 120b/).IP/C/W/262/Add.2
Page 26
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.
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 competentCommercial 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 theordering 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 (The Official Gazette of the Republic of Croatia
no. 78/1999) 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
(Official Gazette of the Republic of Croatia no 53/1991) 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 Article 156 (The Official Gazette of the Republic
of Croatia no. 53/1991, 91/1992, 112/1991) 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 theexclusive license.
An action for the infringement of an IP right contains the requirements for:
The establishment of the existence of the infringement, the prohibition of actions of
infringing, 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.IP/C/W/262/Add.2
Page 27
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 Article 156 (The Official Gazette of the Republic
of Croatia no. 53/1991, 91/1992, 112/1991) 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. 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 (The Official Gazette of
the Republic of Croatia no 78/1999) provide that court may impose on the trademark owner the
compensation for 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 impl ements Article 50 of the TRIPS Agreement.
In case of industrial property rights provisional measures comprising:
The desistance from actions infringing a protected rights, or actions which might infringe a
protected rights, the seizure or exclusion from ci rculation respectively of the products resulting or
acquired by the infringement of a protected rights and of the articles (implements and tools)
predominantly used in the creation of the products infringing  a 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 of  Geographical Indications of Pr oduct and Services Article 30 (3);
Industrial Design Law, Article 52;  Patent Law, Article 79; Law On Protection of Layout Design of
Integrated Circuits, Article 22; (The Official Gazette of the Republic of Croatia no 78/1999). To the
matters concerning the ordering of provisional measures not regulated by this Laws corresponding
provisions of the Law on Execution, Articles 292 -307 (The Official Gazette of the Republic of Croatia
no 57/1996, 29/1999 and Civil Procedure La w, Articles 272-276) shall apply.
In case of copyright and related rights provisi onal measures comprising: 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) (The Official Gazette of the Republic of Croatia no 9/1999).
In urgent cases such as danger of irreparable damage, or in purpose for preservation of evidence
provisional measures are provided as well Civ il Procedure Law, Articles 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 realis ation of his claim would be impossible or rather
difficult or that the measure is necessary to prevent th e 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 making of a law-suit or before the beginning of another
proceeding, the deadline for such a beginning Law on Execution, Article 303.IP/C/W/262/Add.2
Page 28
The defendant has the right of appeal against the decision on provisional measures Law on
Execution, Article 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 provisional
measure is revoked Law on Execution, Article 300 (2) and (3).  The defendant has the right to claimdamages, caused with the provisional measure, if the measure had no legal ground Law on Execution,
Article 306.
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) – (The Official Gazette  of the Republic of  Croatia no 78/1999).
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) – (The Official Gaze tte of the Republic of Croatia no 78/1999).
The text of above mentioned Decree has been drafted already.
57. Please quote what provisions of your legislation 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 the
commitment 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 Protect ion of Geographical Indications of Products and
Services (Article 30, paragraph 1), and according to the Law on the Protection of Layout Designs of
Integrated 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) - The Official Gazette of the Republic of Croatia no 78/1999).
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.IP/C/W/262/Add.2
Page 29
The jurisdiction over criminal acts of infringe ment of IPRs lies with the Municipal Courts,
County Courts and Supreme Court of the Republic of Croatia La w on Courts, Articles 16, 17, (The
Official Gazette of the Republic of Croatia no 3/1994, 100/1996, 131/1997, 129/2000).
According to the Penal Law (The Official Gazette of the Republic of Croatia no 110/1997,
27/1998) criminal procedures and penalties are available in respect of infringements such as
unauthorised 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 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 proceedings 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 Penal Law, Articles 284, 285.
Industrial designs: counterfeiting – fine or imprisonment, the infringing goods shall be seized and
destroyed on an obligatory basis Penal Law, Articles 284, 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 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 impr isonment, the infringing goods shall be seized Penal
Law, Article 231.
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