Industrial  
Design  Act 
 
   
 
  
 
And 
 
  
 
THE ACT ON AMENDENTS 
TO THE INDUSTRIAL  DESIGN  
ACT*/**/***/****  
 
 
  
 
 
 
NN 173/2003,  in force from January  1, 2004 
*NN 76/2007,  in force from July 31, 2007  
**NN  30/2009,  in force from March  17, 2009  
***NN  49/2011,  in force from May 7, 2011 
**** NN 46/2018,  in force from May 26, 2018 
 
 
 
Zagreb May,  2018  Industrial Design Act and 
THE ACT AMENDMENTS  TO THE INDUSTRIAL  DESIGN  ACT */**/***/****  
May 2018  3  
  
 
 
 
 
I. GENE RAL PROVISIONS  
 
SUBJECT  MATTER  OF THE ACT 
Article 1  
This Act provides  the requirements  for the 
protect ion of a design, regulates the right to 
protect ion, the acquisitio n of the  industrial 
design, the scope and te rm of industr ial design 
protect ion, exclusive  rights  conferred by  the 
industrial design,  the industrial design 
registration  procedur e, the chang es relating  to 
industrial designs, the term ination and 
invalidation of  industrial designs,  international 
deposit  of  industrial  designs,  civil  protect ion 
and misdemeanour prov isions.  
 
 
DEFINITIO NS 
Article 2  
For the purposes of th is Act: 
1.  “Design” means the appearance  of the 
whole  or a part of a product  resulting 
from its feat ures, in parti cular, the lines, 
contours,  colours,  shape, textu re and/or 
materia ls of the product  itself and/or  its 
orname ntation, 
 
“Product” means any  industrial or  handicraft 
item, including,  inter alia, parts  intended  to be 
assembled in to a complex product, pa ckaging, 
get-up of books, graphic symbols and 
typographic typefaces, but excluding computer 
programs,  
 
“Complex  product”  means  a product which  is 
composed  of multiple  components  which can 
be replaced permitting  disassembly  and re- 
assembly of the product.  
 
 
II. PROT ECTION REQUIREMENTS 
 
REQUIREM ENTS FOR PROTECT ION 
Article 3  
(1) A  design  shall  be  protected  by  an 
industrial design to the extent that it is 
new and has individual characte r. 
 
(2) A design  applied  to or incorporated  in a 
product whi ch constitutes a compone nt 
part of a complex  produ ct shall only be 
conside red to be new and  to have 
individual character:  
 
1. If the component  part, once it has 
been incorporated  into the compl ex product,  remains  visible during 
normal u se of the lat ter, 
 
2. To  the  extent  that  those  visible 
features  of the compon ent part fulfil 
in themsel ves the requir ements as  to 
novelty and individual characte r. 
 
(3) “Normal  use”  within  the  meaning  of 
paragraph ( 2) item 1 of this  Article sh all 
mean use by the end user, e xcludi ng 
mainte nance, servicing or repair wor k. 
 
 
NOVELTY OF DESIGN 
Article 4  
(1) A design  shall be  considered  to be new if 
no identical design  has been made 
available  to the public  prior to the date 
of filing of the applicat ion for  regist ration 
of the industrial design (hereina fter 
referred to    as:    industrial    design 
applicatio n) or, if a priority is claimed, 
the date  of granted priorit y. 
 
(2) Designs  shall be deemed  to be identical 
if their features differ only in  immaterial 
details.  
 
 
INDIVIDUAL  CHARACTER  OF DESIGN  
Article 5  
(1) A  design  shall  be  considered  to  have 
individual  character   if   the   overall 
impression  it produces on the  informed 
user differs from the ove rall impression 
produced  on such a user by  any design 
which has b een ma de available to the 
public  prior to the date of filing the 
industrial desi gn applicat ion or, if pr iority 
is claime d, the date  of granted priority.  
 
(2) In  assessing  individual  chara cter,  the 
degree  of freedom of t he designer in 
developing  the design shall  be taken into 
conside ration. 
 
 
DISCLOSU RE OF DESIGN  
Article 6  
(1) A design  shall be deemed  to have been 
made  a vailable  to  the  public  if  it  has 
been publish ed following registration  or 
otherw ise, or exhibite d or used in trade 
or otherwise  disclosed, except whe re 
these ev ents could  not reasonably ha ve 
become known in the normal course of 
business  to the circles sp ecialised  in the 
sector  concerned, operating  within t he 
Republic  of Croatia, prior to the date of                    Industrial Design Act and 
                    THE ACT AMENDMENTS  TO THE INDUSTRIAL  DESIGN  ACT */**/***/****  
May 2018 4  
  
 
filing of the industrial desi gn applicat ion 
or, if prior ity is claimed, pr ior to the d ate 
of granted  priority. The  design shall not 
be deemed  to have been made available 
to the  public for the sole  reason t hat it 
has been d isclosed to a third person 
under explic it or implicit  conditio ns of 
confidentialit y. 
 
(2) A disclosure shall not  be taken  into 
conside ration if  a design for which 
protect ion is claimed has been ma de 
available  to the public:  
 
1. By the designer,  his successor in title, 
or a third  person  as a result of 
informat ion provided  or action taken 
by the designer or his successor in 
title, 
 
2. During    the    12-month    period 
preceding the date of fi ling of the 
industrial design application o r, if 
priority  is   claimed,   the   date   of 
grante d prior ity. 
 
(3) The provision referred to in paragra ph 
(2) of this Article shall a lso apply  if the 
design  has been made a vailable  to the 
public  as a conseq uence of  an abuse in 
relation  to the designer  or his  succes sor 
in title.  
 
 
DESIGNS  DICTATED  BY THEIR  
TECHNICAL  FUNC TION AND DESIGNS 
OF INTER CONNECTI ONS 
Article 7  
(1) An industrial design  shall not subsist in 
featur es of appearance  of a product:  
 
1. Which  are  solely  dictated  by  its 
technical func tion; or  
 
2. Which     must     necessarily     be 
reproduced  in their exact form and 
dimensions in order  to permit  the 
product  in   which   the   design   is 
incorporated, or to which it is applied 
to be mechanically connected to or 
placed  in, around or aga inst anot her 
product so that either p roduct may 
perform its f unction.  
 
(2) Notwit hstanding  the  provision  referred 
to in paragraph  (1) item 2 of  this Article, 
an industrial design  shall, under  the 
conditio ns set out in Artic les 4 and  5 of 
this Act, subsist in a design serving  the 
purpose  of    allowing    the    multiple 
assembly   or  conne ction  of   mutually interchangeable  products  within  a 
modular s ystem. 
 
 
DESIGNS  CONTRARY  TO PUBLIC 
INTERESTS  OR ACCEP TED PRINCIPLES OF 
MORALI TY 
Article 8  
An  industrial  design  shall  not  subsist  in  a 
design that is contrary to public interests or 
accepted pri nciples of morality.  
 
 
GROUNDS  FOR REFUSAL  OF PROTECTION 
OR FOR INVALIDI TY 
Article 9  
An applicat ion for regist ration of a design shall 
be refuse d, i.e. a  registe red industrial design 
shall be in valid if:  
 
1. The design  is not a design  within  the 
meaning  of Article  2 item 1 of this 
Act, 
 
2. The  design  does  not  fulfil  the 
requirements of Articles 3 to 8 of this 
Act, 
 
3. The applicant for or the holder  of the 
industrial design is not entitled to the acquisit ion of the industrial design 
under this A ct, 
 
4. The  design  is  in  conflict  with  an 
earlier  design which  has been made 
available  to the public  after the date 
of filing of the  industrial design 
application or,  if priority is claime d, 
after the date of  granted  priority,  and 
which is protected  from a date  which 
is earlier  than the said  date by an 
industrial design registe red in the 
Republic of  Croatia or an application 
for such  a design, 
 
5. A  distinctive  sign  is  used  in  the 
creation of a design,  and the holder 
of the earlier right  had the right to 
prohibit such  use, 
 
6. The      design      constitutes      an 
unaut horised use  of a work protected 
under the provisio ns of the act 
regulating  copyright   and   related 
rights,  
 
7. The design constitut es an improper 
use  of  any  of  the  items  listed  in 
Article  6ter of the Paris Convent ion 
for the   Protection   of   Industrial 
Property  (hereinafter  referred to as: Industrial Design Act and 
THE ACT AMENDMENTS  TO THE INDUSTRIAL  DESIGN  ACT */**/***/****  
May 2018  5  
 (1) Notwit hstanding  whether  he is the 
 applicant  or the right holder,  the 
  
 
the Paris Convention),  or of badges, 
emblems  and escutch eons other  than 
those  covered by the said Article  of 
the Par is Conventio n, which are of 
particular  interest  to the Republic of 
Croat ia. 
 
 
III: RIGHT TO PROT ECTI ON 
DESIGNER  
Article 10  
(1) A  designer  is  a  natural  person  who 
created  a design.  
 
(2) A   person   who   has   only   provided 
technical ass istance in the creat ion of an 
industrial design shall not be  deemed a 
designer.  
 
 
MORAL  RIGHT  OF THE DESIGNER  
Article 11  
 
 
 
designer shall have  the right to be cited 
as the desig ner in all documents a nd 
during public  exhibit ions of his design. 
 
(2) The moral right of the designer  cannot 
be trans ferred.  
 
(3) If several  designers participated  in the 
creation of the  design jointly, all 
designers sh all be entit led to the ri ght 
referred to in  paragraph (1)  of this 
Article,  notwit hstanding         their 
contribution   in   the   creation   of   the 
design.  
 
 
PERSONS  ENTITLED  TO THE 
ACQUI SITION 
OF INDUS TRIAL DESIGNS  
Article 12  
(1) The designer  or his successor in title is 
entitled  to initiate the  procedure  and to 
acquire  industrial   design   rights   in 
accor dance with this Act.  
 
(2) If  the  designer  is  not  the  industrial 
design  applicant,  the app licant shall be 
deemed  the person  entitled pursuant to 
paragraph ( 1) of this Artic le, until proven 
to the contrary. 
 
(3) If the design  was created  on the basis of 
a comm ission  contract, the right to 
initiate  the procedure  and to acquire 
industrial design rights  shall vest in the commissioner   of   the   design,   unless 
otherw ise specified by contract.  
 
(4) If   the   design   was   created   by   an 
employee in the execution  of his duties 
or following the instr uctions given by his 
employer,  the   right   to   initiate   the 
procedure   and   to   acquire   industrial 
design rights shall vest in the employer, 
unless ot herwise sp ecified by contra ct. 
 
(5) If the design  was created  by the joint 
efforts  of several designe rs, the right to 
that design shall vest in them, i.e. the ir 
succe ssors in title,  jointly, and they shall 
all be deem ed entitled  perso ns pursuant 
to paragraph  (1) of th is Article.  
 
(6) The share of the designer in a jointly 
created  design shall be determined  in 
proportion  to each of the  designe rs' 
actual  contribution   in   creating   the 
design,  unless ot herwise  specified  by 
contra ct. 
 
(7) If the shares of the designers  are not 
specified  or   cannot   be   determined 
pursuant to  paragraph  (6) of this Article, 
they s hall be  deemed equal.  
 
 
EQUAL  STATUS OF PERSONS  ENTITLED 
TO HOLD INDUSTRIAL  DESIGNS   
Article 13  
Foreign  legal and  natural perso ns not having  a 
principle  place of business,  i.e. a domicile  or a 
habitual res idence on  the territory of the 
Republic  of Croatia  shall enjoy  protection 
provided for by this Act, if it results from internat ional treati es binding the Republic of 
Croat ia or from the application of the p rinciple 
of reciprocit y. 
 
 
IV. ACQUISITION,  SCOPE  AND  TERM 
OF INDUSTRIAL  DESIGN 
PROTECTION  
 
ACQUI SITION OF INDUSTRIAL  DESIGN 
Article 14  
(1) An industrial design  shall be acquired  by 
the decision   on   regist ration   of   an 
industrial design and by its entry in the 
registe r. 
 
(2) The date of entry in the register  shall be 
the same as the date of the decision on 
granting  the registration  of an industrial 
design.                     Industrial Design Act and 
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SCOPE  OF PROTECT ION 
Article 15  
(1) The scope  of the protection conferred  by 
an industr ial design  shall include  any 
design that d oes not prod uce a different 
overall impr ession on t he informed user.  
 
(2) In assessing the scope of protect ion, the 
degree  of freedom of t he designer in 
developing  his design sh all be taken into 
conside ration. 
 
 
TERM  OF PROTECTION  
Article 16  
(1) Industrial design  protect ion shall last for 
a period of 5 years as from the date of 
filing of the industrial desig n applicatio n. 
 
(2) Industrial   design  protection  may  be 
renewed  for periods of  5 years eac h, up 
to a total term of 25 yea rs from the date 
of filing of t he applicat ion. 
 
(3) The  industrial  design  holder  seeking 
renewal of protect ion shall submit to  the 
Office a req uest for renewal of industrial 
design  protection  and shall  pay the 
appropria te fee and p rocedural charg es 
for the maintenance, and shall do so 
during  the final year of the  term of 
protect ion or not  later than 6 months 
after the  expiry of the said  term.  
 
(4) The new protection  term shall begin  on 
the day of expiry  of the  previous 
protect ion te rm. 
 
(5) The entry of the renewal of industrial 
design protection shall be published in 
the official gazette of  the O ffice. 
 
(6) The information contained  in the request 
for renewal    of    industrial    design 
protect ion s hall be provided  for in the 
Regulat ions  for  the  impl ementat ion  of 
this Act (hereinafter  referred to as: the 
Regulat ions). 
 
 
V. EXCLUSIVE  RIGHTS 
CONFERRE D BY THE 
INDUSTRIAL  DESIGN  
 
EXCLUSIVE  RIGHTS  
Article 17  
(1) The industr ial design  holder  shall have 
the exclusive right  to use the  regist ered 
design  and to prevent  any third party not having  his authorization from using 
it. 
 
(2) Use, within  the meaning  of parag raph 
(1) of this Article, s hall cove r, in 
particula r, the making, o ffering,  putting 
on the market, importing, exporting or 
using of a product  in which  the design is 
incorporated or  to which it  is applied,  or 
stocking suc h a product for  the abo ve 
purposes.  
 
(3) If   the   publication   of   a   registe red 
industrial design  is deferred within t he 
meaning of  Article 36 of  this Act, for the 
duration of  the defermen t, the holder 
shall have the right to prevent th ird 
parties from taking  the actions referred 
to in parag raph (2) of this Article only if 
such use results f rom copying of t he 
registered design.  
 
 
LIMITA TION OF EXCLUSIVE RIGHTS 
conferred by an indust rial design 
Article 18  
(1) The exclusive rights  referred to in Article  
17 of this Act shall not be exercised  in 
respect  of: 
 
1. Acts  done  for  private  and  non- 
commercial p urposes,  
 
2. Acts done for experimental  purposes 
or 
 
3. Acts of reproduction  for the purpo se 
of making  citations or of teaching, 
provided  that    such    acts    are 
compatible  with  fair  trade  practi ce 
and do not unduly prejudice the 
normal use of  the design, and that 
mention is m ade of t he source.  
 
(2) In  addition  to  the  acts  set  out  in 
paragraph  (1)   of   this   Article,   the 
exclusiv e  rights  c onferred  by  an 
industrial design following its registrat ion 
shall n ot be exercised in respect  of: 
 
1. The equip ment on ships and aircrafts 
registered  in a third country when 
these tempo rarily enter t he territory 
(maritime  zone) of  the Republic of 
Croat ia, 
 
2. The  import  of  spare  parts  and 
accessories  into   the   Republic   of 
Croat ia for the purpose of  repairing 
such shi ps and aircraf ts, Industrial Design Act and 
THE ACT AMENDMENTS  TO THE INDUSTRIAL  DESIGN  ACT */**/***/****  
May 2018  7  
  
 
3. The  execut ion  of  repairs  on  such 
ships and air crafts. 
 
 
PRIOR USE 
Article 19  
(1) A right of prior use shall exist for any 
third person who  can prove that, before 
the date of fi ling of the industrial design 
applicatio n, or, if a priority is claimed, 
before  the date of granted  priority,  he 
has in good faith  commenced  use of a 
design  included within the  scope of 
protect ion of a registered  design  in the 
territory  of the Republic  of Croatia, or 
has made  serious and  effective 
preparat ions to that end, as well as if 
the said design has not been created by 
copying of the protected design.  
 
(2) The right of prior use shall entitle  the 
third person  to exploit  the design  for the 
purposes  for which its use  had been 
effected,  or for  which  serious and 
effective preparat ions had been made, 
before  the filing date of an  industr ial 
design application or be fore the date of 
granted prior ity, if priority is claime d. 
 
(3) The right of prior use shall not extend  to 
granting  a license to another person to 
exploit the design.  
 
(4) The   right   of   prior   use   cannot   be 
transferred excep t, wh ere the third 
person  is an entreprene ur, along wi th 
that  part  of  the  under taking  in  the 
course of wh ich the act was done or the 
preparat ions were  made, within  the 
meaning of paragraph ( 1) of this Artic le. 
 
 
EXHAUSTION OF RIGHTS  
Article 20  
(1) The exhaustion of the right to prohibit 
the use of a product  in which  a design  is 
incorporated  shall   occur   when   the 
product  is put on the market  in the 
Republic  of Croatia by the holder of  the 
industrial desi gn or with his co nsent.  
 
(2) The exhaustion  of the rights referred to 
in paragraph (1) of this Article may also 
be extended  to the territory outside of 
the Republic  of Croatia,  if so stipulated 
in Internat ional treaties binding  the 
Republic of Croatia. VI. RELATIONSHIP  TO OTHER 
FORMS OF PROTECTION  
 
APPLICATION  OF OTHER REGULATIONS  
Article 21  
The provisions  of this  Act shall be without 
prejudice to any other regulatio ns relating to 
trade marks or other distinctive  signs, paten ts 
and regulat ions governi ng civil liability and  
unfair competition.  
 
 
RELATIONSHIP  TO COPYRIGHT  
Article 22  
A design  protected  by an industrial design  shall 
also be eligible  for copyr ight protect ion from 
the date on which  the design  was created  or 
fixed in any form, if it meets the requi rements 
stipulat ed by the law regulating copyr ight and 
related rights.  
 
 
VII. INDUSTR IAL DESI GN 
REGISTRATION  PROCEDURE  
 
THE OFFICE  AUTHORI TY 
Article 23  
(1) Administrativ e   tasks   related   to   the 
registration of an industrial design shall 
be carried out by the State I ntelle ctual 
Property Off ice (herei nafter referred t o 
as: the Office)  
 
(2) An appeal  cannot  be launched  again st 
administ rative decisio ns adopted by t he 
Office,  but  an  admin istrative  dispute 
may be initiated.  
 
 
INITIATION OF THE INDUSTRIAL  DESIGN 
REGISTR ATION  PROCEDURE  
Article 24  
The proced ure for the registrat ion of  an 
industrial design shall be initiated by filing an industrial design application to the Offi ce. 
 
 
CONTENTS  OF AN INDUSTRIAL 
DESIGN APPLICATION   
Article 25  
(1) An  industrial  design  applica tion  shall 
contai n: 
 
1.  A request  for industrial  design 
registratio n, 
 
2.  Informat ion identifying the applicant,                     Industrial Design Act and 
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3.  A   represen tation   of   the   design 
suitable   for   reproduction.   If   the 
object  of the application is a two- 
dimensional  design     and     the 
application contains a request for 
deferment  of publication within  the 
meaning  of Article 36 of this Act, the 
representat ion of the des ign may be 
replaced by a specime n. 
 
(2) The  industrial  design  application  shall 
further conta in: 
 
1. An indication  of the product in which 
the design   is   intended   to   be 
incorporated  or   to   which   it   is 
intended to be applied,  
 
2. Informat ion   identifying   the   duly 
author ised represen tative with  power 
of attorney if  the applicant  has 
appointed  one, 
 
3. Informat ion identifying  the common 
represe ntative, if a joint applicat ion 
has been filed,  
 
(3) The  industr ial  design  application  may 
contai n: 
 
1. A   descript ion   explaining   in   more 
detail the   represe ntation   or   the 
specime n, 
 
2. A    request    for    deferment    of 
publication of the  registered  industrial 
design  within  the meaning  of Article  
36 of this A ct, 
 
3. The  classific ation  of  the  product 
(indication of the  class)  in which  the 
design is intended to be incorporate d 
or to which it  is intended  to be 
applied,  in   accor dance   with   the 
Locar no Agreement Establishing  an 
Internat ional Classification  for 
Industrial   Designs      (hereinafter 
referred to as: t he Internat ional 
Classificat ion) 
 
4. Informat ion identifying  the designer 
or designe rs or a statement that the 
designer  or designe rs do not want to 
be cited,  
 
5. Informat ion  and  evidenc e  of  the 
priority referred to in Article 29 or 
Article 30 of this Act.  
 
(4) The elemen ts that an industrial design 
application  should,  i.e. may contain  are (5) The   information   contained   in   the 
elements  referred to in paragraph  (2) 
item 1 and in paragraph  (3) items  1 and 
3 of this Article shall not affect the scope 
of prote ction of the d esign as such.  
 
 
MULTIPLE  INDUSTRIAL  DESIGN 
APPLICATION  
Article 26  
(1) If   the   industrial   design   application 
contai ns a request for the registrat ion of 
several desig ns (herei nafter referred to 
as: multiple application),  all the produ cts 
in which the design is in tended to be 
incorporate d or to which it is intended to 
be  applied  must  belong  to  the  same 
class of the Internat ional Classificat ion 
for Industrial Designs.  
 
(2) The total number of designs for which 
protect ion is sought  shall be  indicated  in 
the multiple applicatio n. 
 
(3) Each  of  the  designs  contained  in  a 
multiple applicatio n, as we ll as after the ir 
registration,  may    be    dealt    with 
separately from the o thers for t he 
purpose  of  applying  the  provisions  of 
this Act. A design  may in  particular, 
separately from the othe rs, be enforced, 
license d,  be  the  subject  of  a  right  in 
rem, levy of execut ion or  bankrupt cy 
proceedings,  be  surren dered,  renewed 
or transferred,   be   the   subject   of 
deferred  publication  or be  declared 
invalid.  
 
 
DIVISION OF A MULTIPLE APPLIC ATION 
Article 27  
(1) The  applica nt  may  divide  a  multip le 
application in to two or more application s 
in such a manner  that each refers  to one 
or more pro duct designs.  
 
(2) An applicat ion separated from a multip le 
application  shall retain  the priority  right 
of the latter applicatio n. 
 
(3) Further  requirements  for the dividing  of 
a multiple  application  shall be  regulated 
by the Regu lations.  
 
 
PRIORI TY 
Article 28  
The applicant  whose  industrial  design  
regulated  in more detail  by the application  has the earlier  filing date has the 
Regulat ions.     right of priority  over any other applicant  filing Industrial Design Act and 
THE ACT AMENDMENTS  TO THE INDUSTRIAL  DESIGN  ACT */**/***/****  
May 2018  9  
  
 
later an industrial design application  for the 
identical design.  
 
 
UNIO N PRIORITY RIGHT 
Article 29  
(1) If the applicant has filed an industrial 
design application  for the first time in 
any of the Member States of the 
Internat ional Union established  by the 
Paris Convention for the Protection of 
Industrial P roperty (herei nafter refer red 
to as: the Paris Union ), or the World 
Trade  Organisation,  he  may  invoke, 
when filing the applicat ion for the same 
industrial design in the Republic of 
Croat ia, the date of  the first  filing, on 
condition t hat the application in t he 
Republic  of Croat ia be filed within 6 
months from  that date.  
 
(2) In  the  application   he  is  filing  to  the 
Office, the applicant invoking the union 
right of pr iority s hall in dicate releva nt 
informat ion pertaining to the applicat ion 
invoked (state, applicat ion date a nd 
number)  and not later than within 3 
months from the d ate of filing t he 
application to the Office, shall submit a true copy of  the first application certified 
by the competent  body of  a Member 
State of  the Paris Union or  the World 
Trade  Organisation and a translation  of 
the true copy in the Croat ian langua ge. 
 
(3) If  the  applicant  does  not  meet  the 
requirements  set out  in paragraph  (2) of 
this Article , priority sh all be deemed not 
to have been  claimed.  
 
 
EXHIBITION  PRIORITY  RIGHT  
Article 30  
(1) If an applicant  has displayed products  in 
which the design  is incorporate d, or to 
which  the design is applied,  at an offic ial 
or officially   recogni sed   international 
exhibition  in the Republic of  Croat ia or in 
some ot her Member  State of the Paris 
Union or  the World  Trade Organi sation, 
he may request that the  date of  the first 
day of the exhibition of su ch products be 
accorded as  the date of  the first 
applicatio n, if he files the application  in 
the Republic of  Croat ia within  a period  of 
6 months f rom such date.  
 
(2) An  applicant  invoking  the  exhibit ion 
priority  right,   shall,   alongside   the application  filed to the Office,  file a 
certificate issued by the competen t 
author ity  of  the  Member  State  of  the 
Paris Union or  the World  Trade 
Organisatio n, containing information 
concerning the type of t he exhibitio n, 
venue,  dates of opening and  closing of 
the exhibition and the first day of 
exhibiting  the products cited  in the 
applicatio n,  and  evidence  that  the 
product des ign which was exhibited is 
identical to the one cited  in the 
applicatio n. 
 
(3) If  the  applicant  does  not  meet  the 
requirements  set out  in paragraph  (2) of 
this Article , priority sh all be deemed not 
to have been  claimed.  
 
 
ACCORDANCE  OF THE FILING  DATE OF 
AN INDUSTRIAL  DESIGN  APPLICATION 
Article 31  
(1) Upon   receiving   the   industrial   design 
application, the  Office shall examin e 
whether  the   application   meets   the 
requirements  for ac cording  a filing date 
referred to in Article  25 paragraph  (1) of 
this Ac t. 
 
(2) If  the  application  does  not  meet  the 
requirements for accordi ng a filing da te, 
the Office shall  invite t he applica nt to 
remedy the f ound deficie ncies, within 6 0 
days from the date of  receipt  of the 
notificat ion. 
 
(3) If the deficiencies  are remedied  within 
the set time  limit, in acc ordance with  the 
invitation re ferred to in paragraph (2) of 
this Article, the Office  shall accord, as 
the date of  filing, the date on which t he 
deficiencies were remedied . 
 
(4) If the  industrial  design  applicant  does 
not act  according to the  invitat ion and 
does not    remedy    all    the    found 
deficie ncies within  the prescribed  time 
limit, the application  shall be rejected  in 
a decis ion. 
 
(5) After  according  the  filing  date  of  the 
applicatio n, the Office s hall invite t he 
applicant  who   has   not   submitt ed 
evidence   of     having     paid     the 
administ rative fee a nd procedu ral 
charges,  to do so within  15 days from 
the day of re ceipt of the i nvitatio n. 
 
(6) If the  industrial  design  applicant  does 
not act according to the invitation  of the                    Industrial Design Act and 
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Office  referred to in paragraph  (5) of 
this Article, the application shall be 
rejected by decisio n. 
 
 
FORMAL  EXAMINATION OF THE 
INDUS TRIAL DESIGN APPLICATION 
WITH  AN ACCORDED  DATE OF FILING 
Article 32  
(1) By a formal  exami nation of the industrial 
design  applicatio n,   the   Office   shall 
establish   wheth er    the    applicat ion 
complies with the requir ements  set out 
in Article  25 paragraph  (2) of this Act, 
i.e. the requiremen ts set out in Article 26 
and Article 27 of this Act, if a multiple 
application ha s been filed.  
 
(2) If the indust rial design  application does 
not  comply  with  the  requirements  s et 
out in paragraph (1) of  this Article, the 
Office   shall   invite   the   applicant   to 
remedy the application within 60 days.  
 
(3) Upon  request  of  the  industrial  design 
applicant,  the time limit re ferred to in 
paragraph (2) of this Article may be 
exten ded for  a maxim um of 60 days.  
 
(4) If the  industrial  design  applicant  does 
not act according to the invitation of t he 
Office and fai ls to re medy the applicat ion 
within  the time limit set, the  applicat ion 
shall be rejected by decision.  
 
 
DECISION  ON REFUSAL  OF THE 
REGISTRATION  OF AN INDUSTRIAL 
DESIGN  
Article 33  
(1) The  Office  shall  issue  a  decision  on 
refusal of  the registrat ion of  an industr ial 
design:  
 
1. If the design does not meet the 
requirem ents set out in Article 2 item 
1 of this Act, by application  of Article  
9 item 1 of t his Act,  
 
2. If the design does not meet the 
requiremen ts set out in Article  8 of 
this Act, by application of  Article  9 
item 2 of th is Act,  
 
3. On the grounds  indicated  in Article  9 
item 7 of th is Act.  
 
(2) The Office  may issue a decision  on a 
partial ref usal of the in dustrial design 
registration on the groun ds indicated in 
paragraph  (1)  item  2  and  3  of  this Article,  if the design meets  the 
requirements  for  regist ration  in  that 
form and if the identity  of the  design  is 
retaine d. 
 
(3) The decision on refusal of the industrial 
design  regist ration may not  be issued  if 
the appli cant has n ot been previous ly 
informed,  in writing,  of the groun ds for 
refusal  and invited  to withdraw the 
application or to  give his observat ions on 
the groun ds    for    the    refusal    of 
registratio n. 
 
(4) The  industr ial  design  applicant  shall 
have the right to give his obser vations 
on the grounds  for t he refusal of 
registratio n, within 60 days from t he day 
of receiving written notification re ferred 
to in paragraph  (3) of this Article, and 
submit  evidence  of poss ible new facts 
that could affect the final decision of  the 
Office.  
 
(5) Upon request of the applicant,  the time 
limit referred to in paragraph (4) of this 
Article  may be  extended  for a maxim um 
of 60 days.  
 
 
DECISION  ON THE REGISTRATION 
OF AN INDUSTRIAL  DESIGN  
Article 34  
If the product design is not excluded from protect ion pursuant to  Article 33 parag raph (1) 
of this Act a nd if the procedural charges of the 
mainte nance for the first 5 -year period of 
industrial design protection has been paid, the Office shall issue a dec ision on the registration 
of the indust rial design and enter the industrial 
design in the  registe r. 
 
 
INDUS TRIAL DESIGN PUBLICATION  
Article 35  
(1) Informat ion on an industr ial design  shall 
be published  in the official gazette  of the 
Office not later th an within 3 mont hs 
from the date of entry of the industr ial 
design in the  registe r. 
 
(2) The information published  in the official 
gazette  of the Office  shall be regulated 
by the Regu lations.  Industrial Design Act and 
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DEFERMENT  OF PUBLICATION  OF 
AN INDUSTRIAL  DESIGN   
Article 36  
(1)  When  filing the application  the applicant 
for an indust rial design m ay request that 
the publication of the regi stered design 
be deferred for  a period of 12 months 
from the date of filing the applicat ion 
and request to the Offi ce or, if priority i s 
claimed,   f rom   the   date   of   granted 
priority.  
 
(2) If  a  deferment  of  publication  of  the 
industrial design  is requested, the Office 
shall, in the manner prescribed by the 
Regulat ions, publish  in its official  gazette 
only a me ntion that th e industrial desig n 
has b een reg istere d. 
 
(3) In the case referred  to in paragraph  (1) 
of this Article, the  Office shall, at  the 
expiry  of the period  of deferment  or at 
any other prior date at the request  of 
the right holder, invite the industrial 
design  holder to  provide, within  30 days 
from the day of receiving  invitation, a 
graphic  or photog raphic reproduction of 
the design from the applicatio n, as 
provided for in Article 25  paragraph (1 ) 
item 3 of th is Act.  
 
(4) If  the  industrial  design  holder  fails  to 
comply  with the  invitation referred  to in 
paragraph (3 ) of this Article or if the 
procedural charges for maintenance for 
the  first  5  year  period  of  industrial 
design  protection  have not been paid, 
the industrial design sha ll be deemed 
from the outset  not to have had legal 
effects.  
 
(5) In  respect  of  a  multiple  applicatio n, 
paragraph  (1) and paragraph  (3) of  this 
Article may also apply only to certa in 
designs inclu ded in that applicatio n. 
 
INDUS TRIAL DESIGN CERTIFICATE  
Article 37  
(1) At the request of an industrial design 
holder and u nder the co ndition that th e 
prescribed procedural c harges for issuin g 
an industr ial   design   certificate   has 
previously been paid, t he Office shall 
issue a certificate to  the industrial design 
holder,  not later than within  3 months 
from the industrial  design  date of 
publication  in the  official gazette of  the 
Office.  (2) The   information   contained   in   the 
industrial design  certificate  shall be 
regulated by  the Regu lations.  
 
 
VIII. CHANGES  MADE  TO AN 
INDUSTRIAL  DESIGN  
 
ENTRY  OF CHANGES  
Article 38  
(1) At the request of an industrial design 
applicant or an  industr ial design  holder, 
the Office  shall enter in the register a ll 
chang es pertaining to a change of n ame 
or the place of residence in the case of a natural  person, i.e. a  change  of the 
company name or in case of a leg al 
perso n, as well as oth er changes  that 
occurred after the filing of the  industrial 
design  application    or    after    the 
registration  of   an   industrial   design, 
under  the condition  that they reflect t he 
true state of  things  and do not  affect  the 
industrial design itself.  
 
(2) The  changes  entered  in  the  industrial 
design register shall be published in the official gazette of the Offi ce. 
 
(3) The information contained  in the request 
for the ent ry of c hanges refer red to 
paragraph ( 1) of th is Article shall be 
regulated by  the Regu lations.  
 
 
LICENSE  
Article 39 
(1) An industrial design  may be subject  to a 
license in e ntirety or in part, and t he 
license  may be  granted  for the whole or 
part of the territory of  the Republic of 
Croat ia. 
 
(2) The licensing contract  shall be drawn  up 
in written fo rm. 
 
(3) A  license  may  be  exclusive  or  non- 
exclusiv e. 
 
(4) The industrial design  holder may invoke 
the rights  conferred by the  industr ial 
design  against    a    licensee    who 
contra venes  any  provision  in  his 
licensing  contract with regard to its 
duratio n, the form co vered by the 
registration  in which the design  may be 
used,  the range  of products for which 
the lice nse is granted, the terri tory in 
which  the industrial design  may be used                    Industrial Design Act and 
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and the quality  of products 
manufa ctured. 
 
(5) The  holder  of  a  non-exclusive  license 
may initiate       proceedings       for 
infringement of  an industr ial design on ly 
with the co nsent of the industrial desig n 
right holder, unless ot herwise provided 
for in his licensing cont ract. 
 
(6) If  the  industrial  design  holder,  after 
receiving written notifi cation from t he 
holder  of the exclusiv e license,  informi ng 
him of infringement  of the  indust rial 
design  and of the  time limit for initiating 
proceedings,  does not himself  initiate 
infringement  proceedings within  the set 
time limit, the holder of the  exclusive 
license may himself initiate proceedin gs 
for the infringement  of an  industr ial 
design, unless othe rwise provided for in 
his licensing contract. 
 
(7) The  licence  shall  be  entered  in  the 
register at t he request of the  industrial 
design  right holder  or at the  request of 
the license e, under  the condition  that a 
certified  copy of  the licensing contra ct or 
a certified  extract  from the contract or 
the  original  certificate  of  the  license 
grant signed by  the licensor and the 
licensee,  has  been  delivered  to  the 
Office.  (8) The license sha ll have effects 
vis-à-vis third parties after entry  in the 
registe r. 
 
(8) The entry of the license  in the regist er 
shall be published in the official  gazette 
of the Office.  
 
(9) The information contained  in the request 
for the entry of a  license in  the register 
shall be regu lated by the  Regulations.  
 
 
RIGHT  IN REM AND LEVY OF EXECUTION  
Article 40  
(1) An industrial design  may be the subject 
of a right in rem and levy  of executio n. 
 
(2) At the request of one of the parties,  the 
rights referred to in paragr aph (1) of th is 
Article sh all be entered in the registe r. 
 
(3) The entry of the right in rem and levy of 
execut ion in the  regist er shall be 
published  in the  official gazette  of the 
Office. 
 
(4) A right in rem and levy of execut ion shall 
have effects vis -à-vis third parties after 
entry thereof  in the register.  (5) The information contained  in the request 
for the entry of a right in rem and levy 
of execut ion shall be regulated by the 
Regul ations. 
 
 
BANKRUPTCY  PROCEEDINGS  
Article 41  
When an  industrial design  is involved  in 
bankruptcy  proceedings, at  the request of  the 
competen t authority,  an entry shall be made in 
theregister and published in the official gazette 
of the Office.  
 
 
TRANSFER  OF RIGHTS  
Article 42  
(1) The   industrial   design   applicant   or 
industrial  design  holder  may  transfer 
their rights conferred by the applicat ion 
or their in dustrial desig n to anot her 
perso n, in entirety or in pa rt. 
 
(2) At the request of one of the parties, the 
transfer of rights shall be entered  in the 
registe r, under  the condition  that a 
certified  copy of the transfer of  rights 
contra ct or a certified  extract  from t he 
contra ct or the  original  certificate of  the 
transfer of rights signed by  both parties 
has been del ivered to t he Office.  
 
(3) Transfer of rights has effects vis-à-vis 
third parties after entry in  the register.  
 
(4) The   entry   of   the   industrial   design 
transfer shall be  published in  the official 
gazette  of the Office.  
 
(5) The information contained  in the request 
for the entry of  transfer of rights  in the 
register  shall   be   regulated   by   the 
Regulat ions. 
 
 
IX. CEASING  OF EFFECT  AND 
INVALIDATION  OF AN 
INDUSTRIAL  DESIGN  
 
CEASING  OF EFFECT  OF AN 
INDUS TRIAL DESIGN  
Article 43  
(1) An industrial design  shall cease  to have 
effect:  
 
1. On  expiry  of  the  protect ion  period 
referred to in  Article 16 of this Act,  
 
2. On the basis of a written declarat ion 
of  the  surrender  of  the  industrial Industrial Design Act and 
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design  by the holder,  in which  case 
the industrial design  shall cease  to 
have effect  from the day on which a 
written  declaration of  the surrender 
has been submitted  to the Office.  If 
the license has already  been entered 
in the regis ter, the surr ender of the 
industrial design  shall be entered  in 
the register only  if the industr ial 
design holder provides evidence of 
having  notified  the licensee of  his 
intention to surrender  the industr ial 
design.  
 
(2) The  ceasing  of  effect  of  an  industrial 
design shall be  entered in the industrial 
design reg ister and published in the 
official  gazette  of the Office,  in the 
manner prescribed by the Regulat ions. 
 
 
DECISION  ON THE DECLARATION  OF THE 
INDUS TRIAL DESIGN INVALID  
Article 44  
(1) The procedur e for declari ng an industrial 
design  invalid shall be carried out by the 
Office.  
 
(2) The Office  shall issue a decision  on the 
declarat ion of an industr ial design  invalid 
if it is established that the requirements 
for the registration of the  industrial 
design, se t out in this Act, had not been 
met. 
 
(3) An  industr ial  design  may  be  declared 
invalid  on the  groun ds referred  to in 
Article  9   of   this   Act,   during   the 
protect ion   period,   as   well   as   after 
ceasing of ef fect of the industrial design.  
 
(4) An  industr ial  design  may  be  declared 
partially inva lid on the grounds referred 
to in Article  9 items  2, 5, 6 and  7 of this 
Act, if in that form the design complies 
with  the  re quirements  fo r  registrat ion 
and if the identity of the design is 
retaine d. 
 
(5) The ground  provided  for in Article  9 item 
3 of this Act may be invoked solely  by 
the person who  is entitled  to the 
acquisit ion of an  industrial design  under 
the provis ions of this Act.  
 
(6) The ground  provided  for in Article  9 item 
4 of this Act may be invoked by: the 
person whose right has been i nfringed, 
the applicant, the Office  ex officio  and 
the state attorney. (7) The  grounds  provided  for  in  Article  9 
items 5 and 6 of this Act may be invoked solely  by  t he  person  w hose  rig ht  has 
been infringed.  
 
(8) The ground  provided  for in Article 9 item 
7 of this  Act may be  invoked  by the 
person  or competent  body concerned  by 
the use, the Office  ex officio  and the 
state attorney.  
 
(9) Without  prejudice to the provisio ns set 
out in paragraphs (5),  (6), (7) and (8) of 
this Article , the request fo r a decla ration 
of an industrial design  invalid  may be 
filed by an interested party, the state 
attorney;  while the industrial design may 
be declared invalid  by the Office  ex 
officio.  
 
(10) The request for  a declaration of an 
industrial  design    invalid    shall    be 
submitted    as    stipulated    by    the 
Regulat ions. 
 
(11)   If  an industrial design  is declared  invalid, 
all the legal effects co nferred by the 
industrial design shall be in valid.  
 
(12)  The declaration  of an  industrial design 
invalid  shall be entered  in the  industr ial 
design register and published in the official gazette of the Offi ce. 
 
 
X. COMMO N PROVI SIONS  ON THE 
PROCEDURE  BEFORE  THE OFFICE  
 
OTHER  REGULATIONS  TO BE APPLIED  IN 
PROCEDURE  BEFORE  THE OFFICE   
Article 45  
The General Administrativ e Procedure  Act shall 
apply  to  specific  procedural  issu es  not 
regulated by  this Act.  
 
 
FEES AND PROCEDURAL  CHARGES  
Article 46  
(1) For the procedures  regulated  by this Act 
fees  and  procedural  charges  shall  be 
paid in    accordance    with    special 
regulatio ns. 
 
(2) If   the   fees   or   proce dural   charg es 
referred  to  in  paragraph  (1)  of  this 
Article  have   not   been   paid,   the 
application or request  shall be rejected, 
and in case the appro priate fees or 
charges  for the renewal  of protection  of                    Industrial Design Act and 
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the industr ial design  have not been paid, 
the industr ial design shall lapse.  
 
 
CERTIFICA TE OF PRIORITY RIGHT 
Article 47  
The Office shall issue a certificate of priority 
right at the request  of the industrial design 
applicant  or the  industri al design  holder,  and 
after pay ment of required fees and cha rges. 
 
 
REGISTERS  
Article 48  
(1) The Office  shall maintain  an industrial 
design  application   register   and   an 
industrial design registe r. 
 
(2) The  industrial  design  register  shall  be 
public, while the information  from t he 
application register sh all not be a vailable 
to the publi c. 
 
(3) At the request  of an interested  party, 
and after t he payment of the required 
fees and charges,  the Office shall issue 
an extract and a printout from t he 
industrial design registe r. 
 
(4) The information entered  in the registe rs 
referred  to  in  paragraph  (1)  of  this 
Article shall b e regulated by this Act a nd 
by the Regu lations.  
 
 
OFFICIAL GAZETTE  OF THE OFFICE  
Article 49  
The  Office  shall  issue  an  offic ial  gazette  in 
which it sh all publish all the informat ion for 
which publication is prescr ibed by this Act and 
by the Regu lations.  
 
 
SEARCH  
Article 50  
At  the  request  of  an  interested  party,  the 
Office shall provide the services co mprising 
novelty searching of the registered i ndustrial 
designs,  having  effect  in  the  Republic  of 
Croat ia. 
 
 
REPRESENTATION  
Article 51  
Foreign  legal and  natural perso ns not having  a 
principle  place of business,  i.e. a domicile  or a 
habitual  residence  in the Republic  of Croat ia 
may exerc ise the  rights  under this Act in  the 
procedures  before the Office solely  by way  of 
represe ntatives, which are, in accor dance with special provisio ns, entered  in the register  of 
represe ntatives, m aintained by the Office.  
 
 
XI. INTE RNATIONAL DEPOSIT  OF 
INDUSTRIAL  DESIGNS  
 
INTERNATIONAL  DEPOSIT  OF 
INDUS TRIAL DESIGNS   
Article 52  
(1) The  international  deposit  of  industrial 
designs   shall    be    carried    out    in 
accor dance with  the provisio ns of the 
Hague  Agreement    concerning    the 
Internat ional Deposit of  Industrial 
Designs of  6 November  1925, as revised 
in the Hague on 28 November 1960, as 
supplemented  in Stockholm  on 14 July 
1967,   with   the   amen dments   of   28 
September1 979, hereina fter referred to 
as "the Hag ue Agreement ". 
 
(2) The international deposit  may be carried 
out directly  at the International Bureau 
of the   World   Intellectual   Property 
Organizat ion. 
 
(3) In  accor dance  with  Article  8  of  the 
Hague Agreement, the provisions of  this 
Act shall be applied  mutatis mutandis to 
requests filed in accor dance with the 
provisio ns of the  Hague Agreemen t, by 
which industrial design protect ion is 
sought  in  the  Republic  of  Croatia,  by 
way of derogation  from Article  34 and 
Article 35 pa ragraph (1)  of this Act.  
 
 
XII. CIVIL PROTEC TION 
 
ACTIONS FOR INFRINGEMENT  
Article 53  
(1) The industrial design  holder  may, if his 
rights  under Article  17 of this  Act have 
been infringed or threatened to b e 
infringed,  institute  legal actions before 
the comp etent court and r equest:  
 
1. Establish ment of the existence of the 
infringement  of an industr ial desig n, 
 
2. Prohibition  of  the  committed  or 
intended  infringement  of an  industrial 
design,  
 
3. Eliminat ion  of  the  condit ion  caused 
by the committed infringement  of an 
industrial   design,    including    the 
seizure  and   destruct ion   of   the 
infringing objects,  Industrial Design Act and 
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May 2018  15  
  
 
4. Compensation for damage,  
 
5. Publication  of the court decision  at 
the exp ense of the defen dant, 
 
6. Utilizat ion of the seized products.  
 
(2) The proceed ings following  the action as 
defined  in paragraph (1)  of this  Article 
shall be urgent.  
 
(3) In     procee dings     relating     to     the 
infringement of  industr ial design  rights, 
the defen dant may ar gue that the 
registered industrial design is not legally 
valid  on  the  grounds  referred  to  in 
Article 9 of t his Act.  
 
 
STATUTE  OF LIMITA TIONS 
Article  54 
Actions  for  infringement  of  industrial  design  
rights  may be instituted within  3 years  from 
acquiring  knowledge  of the  act of  infringement 
and the infringer,  and not later than 5 years 
from a comm itted infringement.  
 
 
PROVI SIONAL  MEASU RES 
Article 55  
(1) If  the  industrial  design  right  holder 
makes it likely that his right has been 
infringed  or that there is a likelihood of 
infringement, he may request from t he 
court: 
 
1. The  order  of provis ional measure 
prohibiting  the acts which infringe  the 
right of the i ndustrial desi gn holder,  
 
2. Provis ional    seizure    of    objects 
unlawfully  containing,  constituting  or 
substant ially imitating  an industrial 
design  or   their   exclusion   from 
circulatio n. 
 
3. Measures    aimed    at    providing 
evidence  on the  objects  referred to in 
item 2   of   this   paragraph   and 
measures a imed at safeguarding  the 
existing st ate. 
 
(2) The industr ial design  holder  may request 
the  ordering  of  provisional  measu res 
even  before  instituting  actio ns,  under 
the condit ion that actio ns be institu ted 
within 20 wo rk days or 31 calendar da ys, 
depending on which term is longe r. 
 
(3) If the indust rial design  holder does not 
institute acti ons within the term re ferred 
to paragraph  (2) of this Article, the court may, at the request of the defendan t, 
suspend  proceedings or revoke  the 
requested measures.  
 
(4) The  court  may,  if  necessary,  order 
provisio nal  measures  without  hearing 
the person against  which the  measu res 
are to be o rdered, espe cially in cases 
where  any delay  is likely to cause 
irreparable damage to the right holder or 
in cases  where obviou s danger  of the 
evidence being destro yed exists.  
 
(5) To   issues   related   to   ordering   of 
provisio nal measures not  regulated by 
this Act, the releva nt provisio ns of the 
Act on Exec ution shall app ly. 
 
 
COMPENS ATION FOR DAMAGE  
Article 56  
(1) The  court  may  order  the  industrial 
design holder to pay compensation f or 
damage,  if   it   is   proven   that   the 
reques ted measures referred to in Article 
55  paragra ph  (1)  of  this  Act  were 
without g rounds. 
 
(2) The  court  may  order  the  industrial 
design  holder to  depos it an appropriate 
sum of  money as a security for the 
person a gainst which the provisio nal 
measure is  ordered.  
 
 
JUDICIAL  GRANT  AND TRANSFER  OF 
RIGHTS  
Article 57  
(1) If the industrial design  application  was 
filed by an unauthor ised person  or the 
industrial design has been entered  in the 
register  under    the    name    of    an 
unaut horised person,  contrary  to the 
provisio ns referred to Article 12 of  this 
Act, the authorised  person  may subm it 
to the court a  request  for the  grant of 
author ities based on  the law and/or the 
transfer of pertaining  rights, in entire ty 
or in p art, irrespecti vely of ot her rights 
and requests resulting  from an industrial 
design.  
 
(2) The  authorised  person  referred  to  in 
paragraph (1 ) of th is Article may initiate 
court proceedings  within  3 years  from 
the day of publication of  the design 
registratio n, or, in case the court 
establish es that the unauthorised  person 
has not acted  in good faith, during  the                    Industrial Design Act and 
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May 2018 16  
  
 
entire  term of protection  of the industrial 
design.  
 
(3) If the court should  make a final decision 
on the grant and tra nsfer of rig hts 
referred to in this  Article, licensing  rights 
and  other  rights  entered  in  favour  of 
third persons  shall cease on  the day of 
entry of the chang es in the register.  If, 
prior to the grant of the rights  referre d 
to in this A rticle, the u nauthorised holder 
of rights  or the license  user have used 
the rights or made ser ious and effective 
preparat ions to  use the rights  in good 
faith, they    may    be    granted    a 
nonexclusive  license  right  within  the 
term and u nder the conditions usually 
required for the  use of the  right, if 
requested within 3 months from the day 
of receiving notificat ion from the Office 
after the  entry of the new  right holder.  
 
(4) The Office shall enter in the register  the 
facts established from the final court decision  as communicated an d the other 
changes referred to in this Article a nd 
publish them  in the official  gazette  of the 
Office.  
 
 
XIII.  MISDEMEAN OUR PROVI SIONS  
 
MISDEMEANOURS  
Article 58  
(1) A legal person  manufa cturing,  offering, 
putting  on   the   market,   importing, 
exporting  or using  a product  containing 
some body else’s industr ial design  or to 
which some body else’s in dustrial desig n 
has  been  applied  or  stores  such  a 
product for the stated pu rposes shall be 
fined for misdemea nours in the amount 
of HRK 2 0,000.00 to 100 ,000.00.  
 
(2) A legal person  using a license contrary 
to the   provisio ns   of   the   licensing 
contra ct or unlawfully  usurping the title 
of the designer  of an  industrial desig n 
shall be fined for  misdemeanou rs in the 
amount  of     HRK     20,000.00     to 
100,000.00 . 
 
(3) For   misde meanou rs   referred   to   in 
paragraphs  (1) and (2) of this  Article  a 
natural person shall be  fined in the 
amount  of HRK 2,000.00 to 8,000.0 0. 
 
(4) For   misde meanou rs   referred   to   in 
paragraphs  (1) and (2) of  this Article t he 
responsible  person   within   the   legal person  shall be fined in the amou nt of 
HRK 5 ,000.00  to 10,000 .00. 
 
(5) The products manu factured or obtained 
by the commitment of misdemeanours 
referred to in paragrap hs (1), (2), (3) 
and (4) of  this Article,  as well as t he 
objec ts (tools and implemen ts) 
predominant ly used in order to 
manufa cture the goods infringing an 
industrial design, shall be seized  and 
destro yed, whether or not they are t he 
property of t he perpetra tor, and the final 
decision  to that effect  shall be  issued  by 
the judicial body. 
 
 
XIV. TRANSITIONAL AND  FINAL 
PROV ISIONS 
 
PENDI NG PROCEDURES  
Article 59  
(1) The  procedures  for  the  grant  of  an 
industrial design,  pending on  the day the 
application of  this Act starts, shall be 
carried out in co mpliance with the 
provisio ns which were in f orce up to t he 
day the appl ication of th is Act s tarts. 
 
(2) The holder  of a model, a design  or an 
industrial  design  the  val idity  of  whi ch 
has not ceased up to the day th is Act 
enters into force, may req uest a renewal 
of protection under  the same  condit ions 
and with the same rights as the holde rs 
of industr ial designs pu rsuant to th is Act.  
 
(3) In the case referred  to in paragraph  (2) 
of this Artic le, the Office shall give the 
name  of an "industrial design"  to the 
model, desi gn or industr ial design for 
which protection is b eing renewed , enter 
it into the  industrial design register a nd 
publish  the renewal of  protect ion in the 
official gazette of the Offi ce. 
 
(4) The    procedures    relating    to    the 
infring ement  of the rights  conferred by 
an industrial design or  those  relating to 
the infringe ment of the  rights conferred 
by an industrial  design  application,  as 
well as the procedures  relating  to the 
declarat ion of the decision  on the grant 
of an indust rial design invalid,  pendi ng 
on the day the  applicat ion of this Act 
starts, shall be  compl eted under  the 
regulatio ns which  were in force  until the 
day the appl ication of th is Act s tarts. Industrial Design Act and 
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CEASING  OF THE VALIDITY  OF 
OTHER  PROVISIONS  
Article 60  
On the day the application of  this Act starts the 
provisio ns of the  Industrial Design Act  (Official 
Gazette 78/ 99 and 127/ 99) shall cease to be 
valid, with the  exception of  the provisio ns 
concerning the represent ation re ferred to in 
Article  57 of the  said Act, which shall apply up 
to the  adopt ion of a  special act. 
 
 
REGULATIONS  
Article 61  
The Regulat ions regulati ng in more detail the 
issues re ferred to in Artic le 16 paragraph (6), 
Article  25 paragraph  (4), Article  27 paragraph 
(3), Article 35  paragraph  (2), Article 36 
paragra ph (2), Article  37 paragraph  (2), Article  
38 paragra ph (3), A rticle 39 parag raph (10), 
Article  40 paragraph  (5), Article  42 paragraph 
(5), Article 43  paragraph  (2), Article 44 
paragraph  (10), Article  48 paragraph  (4) and 
Article  49 of this  Act, shall be adopted  by the 
minister resp onsible for t he work of the Office, 
at the proposal of the Director General of the 
Office,   not   later   than   on   the   day   the 
application  of this Act  starts. 
 
 
APPLICATION  OF THE HAGUE 
AGREEMENT  
Article 62  
The provision set out in Article 52 of this  Act 
shall apply  from the day of  entry into force  of 
the Hague Agreement  for the Rep ublic of 
Croat ia. 
 
 
ENTRY  INTO FORCE  AND AP PLICATION 
OF THIS A CT 
Article 63  
This Act shall enter into force on the eighth 
day following  the day of its publication in  the 
Official Gazette, and s hall apply from 1  January 
2004.                     Industrial Design Act and 
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May 2018 18  
  
 
THE ACT AMENDING  AND 
SUPPLEMENTING THE  
INDUSTRIAL DESIGN ACT*  
 
 
Article 1  
In the Industrial Design  Act (Official  Gazette 
No.  173/03),  in  Arti cle  1,  the  word 
“invalid ation” is  replaced by  words  “declaring 
null and vo id”, and the word “deposit ”, is 
replaced by the word “reg istration ”. 
 
 
Article 2  
In Article 6, paragraph 1, subparag raph 2, the 
words  “The Republic  of Croat ia” are replaced 
by the wor ds “the Eur opean Union ”. 
 
 
Article 3  
In Article 7,  paragraph 1, subparagra ph 2 the 
word “with” is added following  the word 
“connected”.  
 
 
Article 4  
In Article 9, subpa ragraph 7 the word 
“improper” is  replaced  by the word 
“unaut horised”.  
 
 
Article 5  
Article 20 is amended to read:  
“The placing on  the market in the territory of 
the Republic of  Croat ia, or followi ng the 
accession of the Republ ic of Croatia to the 
European Un ion in the ter ritory of a Eu ropean 
Union Mem ber State or a Contra cting State of 
the  Agre ement  cr eating  the  European 
Economic  Area, of a product  embod ying an 
industrial design  by the holder  of the exclusive 
right conferred by the protected to pography or 
with  his/her  expr ess  authori zation,  shall 
exhaust for the territory of  the Republic  of 
Croat ia, the exclus ive rights conferred by  the 
industrial design in respect  to that prod uct.” 
 
 
Article 6  
Article  23, paragraph  2 shall  be amen ded to 
read: 
“(2) The administrativ e decisions issued by  the 
Office  in the first instance may be appealed 
and the appeals shall be decided  on by the 
Board of Appeal  in accordance w ith the 
provisio ns of this Act. The filing of an appeal 
shall be subject  to payment  of the 
administ rative fee and procedural  charges  in accor dance with  special  regulatio ns. If the fee 
and procedural charges have not been paid 
before the expiry of the appeal per iod, the 
appeal  shall n ot be co nsidered as file d.” 
Following  paragraph  2,  paragraphs  3 and  4 
shall be  added to read:  
(3)  The  provisio ns  of  the  General 
Administrativ e Proceedin gs Act shall apply  to 
particular matters concerning the procedure 
referred  to  in  parag raphs  1  and  2  of  this 
Article, n ot regulated by th is Act. 
(4) The se cond-instance administrative 
decisions rendered  by the Board of  Appeal may 
be challen ged in an adm inistrative  dispute  in 
accor dance with  the Administrative Disput es 
Act.” 
 
 
Article 7  
In Article  32, paragraph  1 shall be amended  to 
read: 
“(1) On the basis of a formal examination of 
the  industr ial  design  a pplicatio n,  the  Office 
shall  estab lish  whether  the  appl ication 
complies  with  the  requirements  set  out  in 
Article 25, paragraphs 2 and 4 of this  Act, and 
the require ments set out in Articles 26 and 27 
of this Act, if a multiple  application  has been 
filed.”  
 
 
Article 8  
Article  37, paragraph  1 of the Indust rial Design  
Act is a mended to read:  
“(1) At the request of  an industrial design 
holder  and under  the condition that  the 
prescribed p rocedural charges for issuing an 
industrial design certificate have alr eady been 
paid, the Off ice shall issue a certific ate to the 
industrial design holder, after the publication of 
the industr ial design  in the official gazette of 
the Office.”  
 
 
Article 9  
In Article 39, parag raphs 5 and 6 shall be 
deleted.  
 
 
Article 10  
In Article  40, paragraph  2 shall be amended  to 
read: 
“(2) Upon the request  of a lien creditor or a 
lien debtor  a lien shall be  entered  in the 
registe r. The court levying  the execution on  its 
own motion  shall promptly  inform  the Office of Industrial Design Act and 
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May 2018  19  
  
 
the exec ution levied upon a design for the 
purpose  of its entry in the register.” 
 
 
Article 11  
Following Article  44, a new “Part Ten:  THE 
COMMUNITY DESIGN”  shall be added,  as well 
as new artic les 44a to 44g  to read:  
“MEANING OF T ERMS 
Article 44a  
For the purpose of this Act these terms have 
the following meaning:  
(a) “Regulation on Community designs”  is the 
Council  Regulation (EC)  No 6/200 2 on 
Community d esigns and its amendments;  
(b) a “Com munity design”  is a registe red and 
an unregistered design as defined in A rticle 1, 
paragraph  1 of the Regulation on Community 
designs;  
(c) an  “appli cation for a C ommunity design” is 
an applicat ion for registr ation of a C ommunity 
design  filed pursuant to  the provis ions of the 
Regulat ion on Community  designs;  
(d) a “national design”  is an industrial design 
acquired  in the procedure  before  the Off ice in 
accor dance w ith the prov isions  of this A ct; 
(e) a “natio nal application for  a design”  is an 
application for an industr ial design filed 
with the Off ice in ac cordance w ith the 
provisio ns of this Act.  
 
 
EXTENSION OF EFFECTS  OF A 
COMMUNITY DESIGN  
Article 44b  
The effects of  applicat ions for a  Community 
design  filed and Commu nity designs acquired 
before the date of accession of the Rep ublic of 
Croat ia to t he European Union s hall extend to 
the Republic of Croatia.  
 
 
A COMMUNITY  DESIGN AS AN EARLIER 
DESIGN  
Article 44c  
Within the m eaning of Art icles 4, 5 , 6 and 9 of 
this  Act,  a  Community  design  shall  be  an 
earlier  design in relation  to the national design 
applicatio ns filed, and national designs 
registered upon such applicatio ns after the 
accession of t he Republ ic of Croatia to the 
European Un ion, unless otherwise  provided by 
the la w. FORWARDING  AN APPLICATION  FOR A 
COMMUNITY DESIGN 
Article 44d  
If an application for a Community des ign has 
been filed to the  Office  pursuant to  Article 35, 
paragraph  2 of the Regulation on Community 
designs,  a fee and charg es for forwarding  shall 
be paid in ac cordance  with special regu lations.  
 
PROHIBI TION OF USE OF A COMMUNITY 
DESIGN  
Article 44e  
(1) If the use of a Community  design  referred 
to in Article  44b of this Act conflicts  with the 
use of a national design acquired  before the 
accession of the  Republic  of Croatia to  the 
Europ ean U nion, or acq uired on a natio nal 
design application filed  before  the access ion of 
the Republic  of Croat ia to the Europ ean Unio n, 
the  holder  of  such  national  design  may 
institute a  legal action, claiming  prohibition of 
the use in the  Republic of  Croat ia of  the 
Community  design,  the effect of which is,  in 
accor dance with  Article 44b  of this Act, 
exten ded to the  territory of  the Republic of 
Croatia. The plaintiff has to prove that the 
Community design  conflicts with his/her 
national desig n. 
(2) If a Community  design referred to in Article  
44b of this Act could have  been refused 
registr ation on  any of t he absolute grounds 
referred to in Article  9 of this Act, or could 
have been invalidated on the  groun ds referred 
to in Article  9 of this Act before  the accession 
of the Republic of Croatia to the European 
Union, the person  having legal interest  may 
institute a legal act ion claiming proh ibition of 
the use of such  Community  design  in the 
Republic of  Croatia. The plaintiff  has to prove 
existence of any of these grounds  in relation to 
the Commun ity design.  
 
PROTECTION  OF A COMMUNITY  DESIGN 
IN CASE OF INFRINGEMENT 
Article 44f  
The provisions on the protection of a national 
design  in case of infringement  shall apply  to 
the protection agai nst infringement of a 
Community d esign.  
 
 
THE COURT  COMPETEN T FOR A 
COMMUNITY DESIGN 
Article 44g  
(1) The Commercial  Court  in Zagreb  shall be 
the Community  Industr ial Desig n Court  of First                    Industrial Design Act and 
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May 2018 20  
  
 
Instance  in the  Republic of  Croatia, within  the 
meaning  of the  Regul ation on Community 
designs.  
(2) The High Commercial Court  shall be  the 
Community  Industrial Design  Court  of Second 
Instance  in the  Republic of  Croatia, within  the 
mean ing of the  Regul ation on Community 
designs.“  
 
 
Article 12  
The  present  “Part  Ten”  shall  become  “Part 
Eleven ”. 
 
 
Article 13  
The heading abo ve Article 45 and  Article 45 
shall be deleted.  
 
 
Article 14  
In Article  46, paragraph  1 the  words “and for 
filing an appeal” shall be added  following  the 
word “Act ”. 
In paragraph  2, the word “appeal”  followed  by 
a comma  shall be added following  the word 
“applicat ion”. 
 
 
Article 15  
The present heading  “Part Eleven”  which reads 
“INTERN ATIONAL DEPOSIT OF INDUSTRIAL 
DESIG NS” shall be amended  to read 
“INTERNA TIONAL  REGISTRATION OF 
INDUSTRIAL  DESIGNS”.  
 
 
Article 16  
The   headin gs   above   Article   52   s hall   be 
amended to  read: “INTERNATIONAL 
REGIS TRATION OF INDUSTRIAL DESIGN”.  
Article 52 s hall be amended to read:  
“(1) The internatio nal registration of  industrial 
designs shall be  carried o ut in accorda nce with 
the provis ions of the Hague  Agreement 
Concerning the  International Deposit of 
Industrial Designs of 6 November 1925, as 
revised  in the Hague  on 28 November  1960 
(1960  Act), as complemen ted in Stockh olm on 
14  July  1967,  with  the  amendmen ts  of  28 
September   1979   (Complementary   Act   of 
1967),  and the  Geneva  Act of the Hague 
Agreement on the International Regist ration of 
Industrial  Designs,  adopted  in Geneva on 2 
July 1999 (the Geneva Act of 1999) 
(hereinaf ter: "the Hague Agreement") and  the 
provisio ns of implementing  regulatio ns to the 
Hague Agr eement.  (2)  The  applicatio ns  for  internatio nal 
registration  of industrial designs shall be filed 
directly  to  the  Internat ional  Bureau  of  the 
World Inte llectual P roperty Organization 
(hereinaf ter: the International Bureau ). 
(3) All the fees pa yable for the inte rnational 
registr ation of industrial designs shall be paid 
directly to the International  Bureau.  
(4) In accor dance with the provisio ns of Article  
8 of the Hague Act of 1960 and Article  12 of 
the Geneva Act of 1999,  the provisions of this 
Act  shall   apply  mutatis  mutandis  to  the 
reques ts for ext ension of the effects of the 
internat ional regist ration to the Republic of 
Croat ia with the  exclusion of Article 34 and 
Article 35, paragraph 1 of this Act . 
 
 
Article 17  
Following Art icle 52 a new  heading “Part  
Thirtee n”: “APPEAL” is  added as well as Article  
52a to 52d to read:  
“RIGHT  TO APPEAL  
Article 52a  
(1) A party whose  request  has been fully  or 
partially ref used has the right to a ppeal the 
decision w ithin 30 days from the day the 
decision  was received.  
(2) Other p arties to the proceedin gs ended by 
the decision which is appealed  have the right 
to be part ies to the  appeal  proceedings.  
 
 
CONTENTS  OF AN APPEAL 
Article 52b  
In addition to  the data which  every written 
submi ssion has to contain, the app eal has to 
contai n: 
1.  identificatio n of the decree which is 
appe aled,  
2.  specified sta tement  on whether  the 
decree  is  appeal ed  in  full  or  in 
certai n part, 
3.   grounds for a ppeal,  
4. reasons for appeal, a nd all the 
eviden ce wh ich the appel lant 
proposes as a proof for t he appe al, 
5.   appel lant’s  signature,  
6.  power  of attorney  if the appe al is 
submitted t hrough an attorney.  
 
DECIDING ON AN APPEAL 
Article 52c  
(1) The Boards of Appeal shall decide  at the 
meetings, by  majority v ote. 
(2) The Boards of Appeal shall make the decision  on the basis of the parties’ WRITTEN Industrial Design Act and 
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May 2018  21  
  
 
submi ssions, and, if they conside rs necessary 
or when a party to the proceedings  requests 
so, they may hold  a hearing.  The parties shall 
be informed of  the hearing not less than 10 
days prior to its holdin g. 
 
THE BOARDS  OF APPEAL 
Article 52d  
(1) The appeals  referred to in article  52a of 
this Act shall be decided on  by the Boards of 
Appeal in the  field of industrial property.  
(2) The  composition and co nstitution of the 
Board of Appeal referred to in paragra ph 1 of 
this Article sh all be subje ct to the provisions of 
the Pa tent Act.” 
The present “Part Twelve” shall become “Part 
Fourtee n”. 
 
 
Article 18  
The   headin gs   above   Article   53   s hall   be 
amended to  read: “PERSONS  ENTITLED TO 
CLAIM ENF ORCEMENT O F THE RIG HTS”. 
Article 53 s hall be amended to read:  
“(1) In addition  to the right holde r, or the 
person authorized by the rightho lder in 
accor dance with the general rules on  attorney 
represe ntation,  the enfo rcement of  the rights 
conferred under  this Act may be claimed also 
by the excl usive licensee to  the extent to  which 
it acquired  the right to exp loitation of the 
industrial design on the bas is of a  legal 
transact ion or  law.”  
 
 
Article 19  
The   headin gs   above   Article   54   s hall   be 
amended  to read:  “CLAIM  FOR DECLARATION 
OF AND CLAIM  FOR TERMINATION  OF THE 
INFRINGEMEN T”. 
Article 54 s hall be a mended to read:  
“(1) The holder of an industrial design may 
institu te a legal action against  a person who 
has  infringed  an  industrial  desi gn  by 
performing  without  aut horizat ion  any  of  the 
acts  referred  to  in  Article  17  of  this  Act, 
claiming declarat ion of infr ingement.  
(2) The  holder of an i ndustrial design  may 
institu te a legal action against  a person who 
has  infringed  an  industrial  desi gn  by 
performing  without  aut horizat ion  any  of  the 
acts  referred  to  in  Article  17  of  this  Act, 
claiming  termination of  the infringement  and 
prohibition of  such and  similar future 
infringements.  (3) The  holder of an i ndustrial design  may 
institu te a legal action against  a person who 
has by per forming  any of  the act s without 
authori zation, caused a serious threat that his 
industrial design might be infringed, claiming 
terminat ion of  the acts  conce rned and 
prohibition  of the  infringement  of the industrial 
design.  
(4) The legal action referred  to in paragraphs  
1, 2 and 3 of this  Article  may also be instituted 
against a person who in the course of his/her 
business act ivity rende rs services used in  the 
acts infringi ng an indust rial design  or from 
which infringement  of an  industrial  design may 
follow.”  
 
 
Article 20  
The   headin gs   above   Article   55   s hall   be 
amended  to read:  “CLAIM  FOR SEIZURE  AND 
DESTRUCTI ON OF ARTICLES”.  
Article 55 s hall be amended to read:  
“(1) The holder of an industrial design may 
institu te a legal action against  a person who 
has  infringed  an  industrial  des ign  by 
performing  without  aut horizat ion  any  of  the 
acts  referred  to  in  Article  17  of  this  Act, 
claiming  that  the  a rticles  infringin g  the 
industrial design be removed from the market, 
seized  or destroyed at the expense of  that 
person.  
(2) The court shall order the  measures referred 
to in paragraph 1 of this Article at the e xpense 
of the defendant,  unless there are special 
reaso ns for not deciding so.  
(3) When o rdering the measure refer red to in 
paragraph  1  of  this  Article,  the  court  shall 
make sure that they are proportion ate to the 
nature  and s eriousn ess of the infringem ent.” 
 
 
Article 21  
The   headin gs   above   Article   56   s hall   be 
amended toread: “CLAIM FOR DAMAGES, 
USUAL COMPENSATION A ND UNJUST 
ENRICHME NT”. 
Article 56 s hall be amended to read:  
“(1) The holder of an industrial design may 
take a legal action against a person who has 
caused him damages by performing without 
authori zation any of  the acts referred  to in 
Article 17 of t his Act, c laiming compensation of 
damages  pursuant  to the general  rules on the 
legal redress laid down in the Obligatio ns Act.  
(2) The  holder of an i ndustrial design  may 
institu te a legal action against  a person who                    Industrial Design Act and 
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May 2018 22  
  
 
has performed without au thorizat ion any of the 
acts  referred  to  in  Article  17  of  this  Act, 
claiming  payment of  remunerat ion in  the 
amount  that he/s he would have  claimed  in the 
license  agreement, if conc luded.  
(3) The holder of an industrial design  may take 
a legal action against a  person who has 
infringed an industrial d esign by performi ng 
without  authorizat ion any of the acts referred 
to in Article  17 of this Act, without  having basis 
for it in any legal  transact ion, court decision or 
the law, and has benefited  from it, claiming 
the return orcompensat ion of such benefits 
pursuant  to the general rules on unjust 
enrichment laid down in t he Obligatio ns Act.  
(4) The c laims referred to in paragr aphs 1, 2 
and 3 shall not  be mutually excluding . When 
deciding on the claims filed cumulative ly and 
referred to in paragrap hs 1, 2 and 3, the court 
shall observe  the general  principles laid down 
in the Obligations Act.  
 
 
Article 22  
Following A rticle 56, Arti cles 5 6a to 56g are 
added to read:  
“CLAIM  FOR PUBLICA TION OF THE 
JUDGEM ENT 
Article 56a  
The holder  of an industrial design  may claim 
that the unappeal able judgment, even if  only 
partially  upholding  the claim for enforcement 
of the industrial design in  the case of 
infringement,  is published  in the means of 
public  communication at  the expense of  the 
defendant. The court sha ll decide, within the 
limits of the claim, on  the means of the public 
communication where  the judgment  shall be 
published, and  whether  it shall be published 
entirely or  partially . If the court decides that 
only a part of the  judgme nt shall be published, 
it shall order, within  the limits of the claim, 
that at least the disposit ive part of it and, if 
necessar y, the part of  the judgment  specifying 
the infringement conce rned and the person 
having com mitted it is pub lished.  
 
 
A COURT  DECISION  ON THE VALIDITY  OF 
AN INDUSTRIAL  DESIGN  
Article 56b  
In the proceedings  instituted for the purpose 
of the protection of an industrial design  against 
infringement,  the defendant  may prove  that 
the registered  industrial design  is not legally 
valid on the grounds  referred to in Article 9 of 
this Ac t. CLAIM  FOR PROVI SION OF INFORM ATION  
Article 56c  
(1) The hold er of an indus trial design, w ho has 
instituted  civil proceedings for  the enforcement 
of an industrial  design  in case of infringement, 
may claim the provis ion of informat ion on  the 
origin  and distribution  channels of  the goods 
infringing his/her industrial  design.  
 
(2) The claim referred to in Article  1 may be 
submitted  in the  form of a legal action or a 
provisio nal measure against:  
- a person who  has been sued in the  civil 
proceedings  referred  to in paragra ph 1 of this 
Article;  
- a person who is with in her/his business 
activities in possession of the  goods s uspected 
of infringing an industr ial design;  
-   a   person   who   provides   within   her/his 
business a ctivities services s uspected  of 
infringing an i ndustrial design;  
- persons who  provide within  their business 
activities services  used in  the activities 
suspected of infringing an industrial des ign; 
- a person  who is indicated  by any of  the 
mentioned  persons as being  involved in  the 
manufa cture or distribution of the goods or the 
provision  of  the  serv ices  s uspected  of 
infringing an industrial des ign; 
 
(3) The claim referred  to in Article  1 may also 
be included  in a gradual  legal action as the 
first  claim,  provided  that  a  person  agai nst 
whom  the claim is directed is also a defendant 
in the main legal act ion. 
(4) The  claim for  information on  the origin and 
distribution  channe ls of the goods and servic es 
referred to in parag raph 1 of this Article may 
include in particular:  
- information on  the names and addr esses of 
the produce rs, distributors,  suppliers and  other 
previous hol ders of  the goods and  providers of 
the services, respectivel y, as well as the 
intended wholesa lers and retaile rs; 
- information on the quantiti es produced, 
delivered,  received or ordered, as  well as the 
price obtained for the goods  or services 
concerne d. 
(5) The person required to provide the 
informat ionreferred  to  in  this  Article  may 
refuse  to  p rovide  such  informat ion  on  the 
same  grounds as those allowing  the refusal of 
presenting  evidence  as a witness pursuant to 
the provisions of the Act on Civil Proceedings. 
If the person  concerned  refuses  to provide 
informat ion without  justified  reaso ns, he/she  Industrial Design Act and 
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May 2018  23  
  
 
shall be responsible for the damage incurred, 
pursuant  to the  provisions  of the Obligations 
Act. 
(6)  The  p rovisio ns  of  this  Article  shall  be 
without  prejudice to the provisio ns on the use 
of confidential  information in  civil and criminal 
proceedings, the provis ions regu lating the 
respo nsibility  for misuse of the  right to acquire 
informat ion, and  the provisions regulating  the 
proce ssing and protect ion of  personal data. (7) 
The provisio ns of this Article  shall be without 
prejudice  to the provis ions of Articles  56f and 
56e of th is Act regulating  the taking  of 
evidenc e. 
 
 
PROVI SIONAL  MEASU RES IN CASE OF 
INFRINGEMENT OF AN INDUSTRIAL 
DESIGN  
Article 56d  
(1) Upon the request  of the  holder of  an 
industrial  design  who  makes  it  likely  that 
his/her industrial design has been infr inged or 
threatened  to  be  infringed,  the  co urt  may 
order  any provisio nal measure  aimed at 
terminat ion or prevention of  the infringement, 
and in particular:  
- order  the opposing  party to cease  or desist 
from the acts  infringing  the industr ial design; 
the court m ay also issue such order again st an 
intermediary whose servi ces are  being used  by 
a third party to infringe an industrial desi gn; 
- order the s eizure or removal from the market 
of the articl es which are contrary to  the law 
marked with the industrial  design.  
(2) Upon the request  of the  holder of  an 
industrial design who ma kes it likely that h is 
industrial design has been infringed on a 
commercial scale  for the purpose  of acquiring 
econom ic benefit, and  that such  infringement 
has threate ned to cause him irrepa rable or 
difficultly  reparabl e harm, the court may,  in 
addition  to the provis ional measures  referred 
to in parag raph 1 of this Article, o rder the 
seizure   of   the   movable   and   immovable 
property  of the opposing party,  which  is not 
directly related to the in fringement, i ncluding 
the  freezing  of  his/ her  bank  ac counts  and 
other as sets. 
(3) For the purpose of or dering and executing 
the provisional  measu re referred to  in 
paragraph  2 of this Article,  the court may 
require  from the  opposing party or other 
relevant per sons, the communication of the 
banking,  financial  and other  economic 
informat ion, or access  to ot her releva nt 
informat ion  and  documents.  The  court  shall ensure  the protection of confidentiality of  such 
informat ion, and prohibit  any mis use thereo f. 
(4) The provisional measure referred to  in 
paragraph  1 of this Article may be ordered 
without  informing the opposing  party thereo f, 
if the applicant  for measures  makes  it likely 
that otherw ise the provisional  measu re would 
not  be  effective,  or  that  there  is  a 
demonstrable  risk of irreparable or difficultly 
reparable  harm of incurr ing. The  provisio nal 
measure referred to in paragraph  2 of this 
Article may be ordered w ithout in forming the 
opposing pa rty thereo f, if the applicant for 
measures  makes it likely that  otherwise the 
provisio nal measure would not  be effective, or 
that,  taking  into  conside ration  the 
circums tances of the c ase, this would be 
necessar y. 
(5) In the decision ordering  a provisional 
measure the court s hall specify  the duration of 
such measure, and, if the measure has been 
ordered befo re the institut ion of a legal actio n, 
the period  within  which the  applicant for 
measures shall institute a legal action to justify 
the measure,  which  shall not  be less than 20 
working  days and not more than 31 calend ar 
days, whichever expires later.  
(6) The g eneral provis ions of the Execu tion Act 
shall apply  to matte rs, not regulated by  this 
Article.  
(7)  The  p rovisio ns  of  this  Article  shall  be 
without  prejudice to the possibility  of orderi ng 
provisio nal measures pursua nt to other 
provisio ns of this  Act and the provisio ns of the 
Execution A ct. 
 
 
PROVISIONAL  MEASU RES PRESERVING 
THE EVIDENCE  
Article 56e  
(1) Upon the request  of the  holder of  an 
industrial design who ma kes it likely that h is 
industrial design has bee n infringed or 
threatened to be infringed, and that there is a likelihood  that eviden ce on the infringement 
concerned or threatened c ould not be taken or 
that   it   could   subsequently   become   more 
difficult  to take  it, the court  may order  a 
provisio nal measure for preservi ng the 
evidence.  
(2) By the provisio nal measure referred to in 
paragraph ( 1) of this Article, the c ourt may 
order in part icular:  
- prepa ration of a detailed  descript ion of the 
goods made likely of in fringing an i ndustrial 
design, w ith or witho ut taking of samp les;                    Industrial Design Act and 
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- seizure of  the goods made  likely of infringing 
an industr ial design;  
- seizure  of the materia ls and  implements  used 
in the production  and distribution  of the goods 
made  likely of infringing  an industrial design 
and the  documents re lating thereto.  
(3) The prov isional meas ure referred to in this 
Article may be ordered w ithout in forming the 
opposing pa rty thereo f, if the applicant for 
measures makes it likely that there is a risk of 
evidence  being destroyed or irreparable or 
difficulty reparable harm of  incurring.  
(4) In the decision ordering  a provisional 
measurethe court shall s pecify the duration of 
the measur e, and, if the measu re has been 
ordered befo re the institut ion of a legal actio n, 
the period  within  which the  applicant for 
measures shall institute a legal action to justify 
the measure,  which shall not  be less than 20 
working  days and not more than 31 calendar 
days, whichever expires later.  
(5) The provisions of the  Execution Act shall 
apply to mat ters, n ot regu lated by th is Article.  
(6) The p rovisions of th is Article sh all be 
without pre judice to the possibility of  ordering 
provisio nal measures comprising the 
preservation  of evidence pursua nt to th e 
provisio ns of the Civil Pro ceedings Act.  
 
OBTAIN ING EVIDE NCE IN THE COURSE 
OF THE CIVIL  PROCEEDINGS  
Article 56f  
(1) Where  a party to  the civil proceedings 
invokes  evidence  claiming that  it lies with the 
opposing party or under its contro l, the court 
shall invite t he opposing p arty to present such 
evidence wit hin a specif ied time limit.  
(2) Where the holder  of an industrial design as 
a plaintiff in a  legal action claims that the 
infringement  of an indust rial design  has been 
committed on  a commercial  scale for the 
purpose of acquiring  economic or co mmercial 
benefit,  and has  make  it likely during the 
proceedings, and where he specifies in the 
proceedings  banking,  financial or  other 
commercial documents, papers or  the like 
evidence,  claiming  that they  lie with  the 
opposing party or under its contro l, the court 
shall invite t he opposing party to present such 
evidence wit hin a specified  time limit.  
(3)  Where  the  party,  which  is  invited  to 
present evid ence, denies that the evidence lies 
with it or under its cont rol, the court m ay take 
evidence to  establish such a fact.  (4) The provisions of the  Civil Proceed ings Act 
relating  to the right of refusal  to present 
evidence  as a witness  shall apply mutatis 
mutandis  to the right of  the party to  refuse to 
present  evidence. 
(5) The court shall, taking into  consideration all 
the circumstances  of the case, decide at its 
own discr etion, on the i mportan ce of the fact 
that the  party having  the evidence  refuse to 
comply  with the court’s invitation to  present it, 
or denies,  contrary  to the court’s  opinion, that 
the evidence lies with it.  
(6) Against  the decision  of the court referred 
to in parag raphs 1 and 2 a separate appeal 
shall n ot be allowed.  
 
 
EXPEDITIOUS  PROCE EDINGS AND 
APPLICAT ION OF THE PROVISIONS OF 
OTHER  ACTS 
Article 56g  
(1) A legal action  concer ning the infringement 
of an industr ial design shall be subject  to 
expeditious p roceedings.  
(2) The provisions of the  Civil Proceed ings Act 
or the Execution  Act shall apply  to the 
proceedings concerning  the infringement  of an 
industrial design.  
(3) Upon the request of  the court or any of the 
parties to the proceed ings concerni ng the 
infringement of  an industr ial design,  the Office 
or the Board of  Appeal shall subject  a request 
for the dec laration of the decisio n on the 
registration  of  an  industrial  design  null  and 
void, filed before or in the course of the civil 
action, to the expeditio us proceedin gs. The 
court shal l, taking  into consideration  the 
circumstanc es of the  case, decide whether it 
shall stay the proceedin gs up to t he final 
decision on  the request  for the declaration of 
the decision on  the regist ration of an  industrial 
design invalid .” 
 
 
Article 23  
Prese nt  “Part  Thirteen”  shall  become  “Part 
Fifteen”.  
 
 
Article 24  
In Article  58, parag raph 3 number  “8,000.00”  
shall be rep laced by number “10,000.0 0”. 
Following  paragraph  4, paragraph  5 shall be 
added to read:  
“(5) A natural person  – a crafts man, or a self- 
employed  person  committing  a misdemeanour  Industrial Design Act and 
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referred to in parag raphs (1) and (2) of th is 
Article,  in the course  of their business activit y, 
shall be punished by a fine from HRK 5.000 to 
50.000.”  
In  the  present  parag raph  5,  which  shall 
become paragraph  6, numbers “1, 2, 3 and  4” 
shall be rep lace by numbers “1, 2, 3, 4 and 5”.  
 
 
Article 25  
Prese nt  “Part  Fourteen”  shall  become  “Part 
Sixtee n”. 
 
 
TRANSITO RY AND FINAL PROVISIONS  
Article 26  
(1) The adm inistrative  disputes initiated before 
the  Administrative  Court  prior  to  1  January 
2008,  shall be  completed before the 
Administrativ e Court  in accor dance with the 
provisio ns which were applicable before that 
date. 
(2)  A  party  which  instituted  a  legal  action 
before  the Administrative  Court  prior to 1 June 
2008 in accordance  with the  provisions  that 
were applicable  until that date, may request 
the  Administrative  Court  to  s tay  the 
proceedings  if within  30 days from that  day it 
has submitted  an appeal  based  on the same  
grounds  and same reasons as in the legal 
action, if an appeal agai nst such an 
administ rative decision  is allowed  pursuant  to 
the provisio ns of this Act. The  second-instance 
administ rative decision rendered  on the basis 
of  that  appeal  may  be  challenged  in  the 
administ rative dispute according  to the 
provisio ns of the Administ rative Disp ute Act. 
 
 
Article 27  
The proc eedings for the enforcemen t of the 
industrial design pending on the day this Act 
enters  into force, shall be completed pursua nt 
to the rules in force befo re the entry into force 
of this A ct. 
 
 
Article 28  
The Regulations referred to in Article 61 of the 
Industrial Design  Act (Official Gazette,  number  
173/03)  s hall  be  ha rmonised  w ith  the 
provisio ns by the  Minister competen t for the 
work of  the Office,  at the proposal  of the 
Director  General of the Office,  not later than 
three months following  the entering into  effect 
of this A ct. Article 29  
This A ct shall enter into force on the  eight day 
following the  day of its pu blication in t he 
Official Gazette, except for Articles 2 a nd 11 on 
the day of  accession of the  Republic of Croatia 
in the Euro pean Un ion and  Articles 6 a nd 17 
which s hall enter into force on 1 Ju ne 2008.                    Industrial Design Act and 
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May 2018 26  
  
 
THE ACT 
ON AMEN DMENTS  TO THE 
INDUSTRIAL  DESIGN  ACT**  
 
 
 
Article 1  
In the Industrial Design  Act (OG No 173/03 
and 76/07), in Article  2, item  2 the Croatian 
word tra nslated as “ books” is delete d. 
 
 
Article 2  
In Article 31, paragraphs (7) and (8) a re added 
to read:  
“(7) An industrial design application to which 
the filing date has been accorded  shall not  be 
subsequently  amended by  expanding  the 
subject  matter  the  prot ection  of  wh ich  has 
been applied  for. 
(8) On the  request of the applicant for or the 
holder  of an industrial design,  or ex officio, a 
correct ion  may  be  made  of  the  name  or 
address of t he applicant for or the holder of an 
industrial design, resp ectively, a corre ction of 
errors of wo rding or of copying, or of any other 
obvious  m istakes,  p rovided  that  such 
correct ion does not expand the subject matte r, 
the prote ction of which has been appli ed for or 
which has been protected, respectivel y. 
 
 
Article 3  
After Article 3 8, a new heading and Article 38a 
are added to  read:  
“CONTINUED PROCESS ING 
Article 3 8a 
(1) If the applicant  for an industrial design 
registr ation  or  the  holder  of  an  industrial 
design  has failed to comply with a time limit 
for an act in a procedure before the O ffice, and 
that failu re has t he direct consequence of 
causing the loss  of rights  conferred by  the 
industrial  design   application   or   industrial 
design,  may file  a request  for the continued 
proce ssing with respect  to the industrial design 
application or industrial design. The  Office shall 
author ise the contin ued processing,  provided 
that th e appl icant:  
1. files a request  for the continued 
processing  and  perfor ms all  the omitted 
acts within  the time limit, referred to in 
paragraph (2) of this Artic le, and  
2. pays t he administ rative fee and 
procedural c harges. (2) A request  for the cont inued process ing may 
be filed with in two months from t he day on 
which  he  learned  about  the  legal 
consequences,  referred to  in paragraph (1) of 
this Article . 
(3)   If   the   omit ted   acts   have   not   been 
performed w ithin the time lim it referred to in 
paragraph (2)  of this Article,  or if  the 
administ rative  fee  and  procedural  charg es 
have   not   been   paid,  a   request   for   the 
continued  processing  shall be deemed  not to 
be filed, and the  conclusion to that effect  shall 
be issu ed by the Office.  
(4) T A request for the continued  processing 
shall not be f iled, if the f ailure to c omply with 
concer ns the time limit:  
1.   referred  to  in  parag raph  (2)  of  this 
Article,  
2.   for  filing  the  request  referred  to  in 
Article 29 and Article 30 of  this Act,  
3.   for  filing  the  request  referred  to  in 
Article 16 of this Act,  
4.   for  filing  the  appeal  referred  to  in 
Article 52a of  this Act,  
5. for filing a request  for restit utio in 
integrum,  pursuant to the provisio ns of 
the Act on General  Administrativ e 
Proceedin gs, 
6.   for  all  the  acts  in  the  procedures 
before  the Office  involving several 
parties.  
(5) If the Office complies with  the requirement 
referred to in parag raph (1) of this Article, the 
consequences of havi ng failed to comply with a 
time  limit  shall  be  deemed  not  to  have 
occurred, and  all the decisions and conclusions 
issued by t he Office concerning the f ailure shall 
be revoked.  
Article 4  
In Article  44.c paragraph  (1) is amended  to 
read: 
“(1) Within  the meaning  of Articles 4, 5, 6 and 
9 of this Act, a Community design app lication 
and  a  Community  design  shall  be  earlier 
designs with respe ct to the national design 
applicatio ns as filed, and nat ional designs as 
acquired on such applicat ions after the day of 
the acceptance of the Re public of Croatia as a 
full member to the European Un ion.” 
 
 
Article 5  
In Article 44.e, pa ragraph  (2) is delete d. Industrial Design Act and 
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May 2018  27  
  
 
 
Article 6  
Article 51 is amended to read:  
“(1) Foreign legal and natural  persons not 
having  a principle  place of business, a domicile 
or a habitual residence in the Re public of 
Croat ia, may exerc ise the rights under  this Act 
in the procedures before the Office, through 
authori zed representatives only.  
(2)  The  general  principles  of  representat ion 
and special conditio ns under which the perso ns 
referred to in parag raph (1)  of this Act may 
exerc ise the rights  under this Act, shall be 
regulated by  special regu lations.”  
 
 
Article 7  
In Article 52,  paragraph (5) is added to r ead: 
“(5) Having  regard to the requirem ents laid 
down  in paragraph  (4) of this Article,  the time 
limit prescri bed in Article 33,  paragraph (4) of 
this Act is replaced  by the time limit of  four 
months, as from the day following  the date  of 
notificat ion on the refusal  of prote ction.” 
 
 
Article 8  
This Act shall enter into force on the eighth 
day following  the day of  its publicat ion in  the 
“Official Gazette”.                     Industrial Design Act and 
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ACT 
ON AMEN DMENTS  TO THE 
INDUSTRIAL  DESIGN ACT***  
 
 
Article 1  
In the Industrial design Act („Official Gazette“ 
Nos. 173/03 , 76/07 and 30 /09), in Article 23, 
paragraph (2), the words “admin istrative 
decisions”  are  replaced  by  the  word 
“decisio ns”, and the last sentence is deleted.  
Paragraph  (3) is delete d. 
In the former paragraph  (4), which becomes 
paragraph  (3), the words  “administrat ive Article 4  
In Article  36 paragraph  (3), the words “invite 
the industrial  design  holder” are replaced  by 
the words  “order the industrial  design  holder 
by a conclus ion”, and the word “invitation”  is 
replaced by the word “ conclusion ”. 
In paragra ph (4), th e word “invitation” is 
replaced by the word “ conclusion ”. 
 
 
Article 5  
In Article 38a paragraph (3) is amended to 
read: 
“(3) If the omitted acts  have not been 
performed w ithin the time limit referred to in 
paragraph  (2) of this Article, a request for the
decisions”  are replaced  by the word continued  p rocessing  shall be rejected  by a 
“decisio ns”.     decision.”  
 
Article 2  
In Article  31, paragraph  (2), the words “shall 
invite the a pplicant” are r eplaced by the words 
“shall order  the applica nt by a conclus ion”, and 
the word “notificatio n” is replaced by t he word 
“conclus ion”. 
In   paragra ph   (3),   the   words   “w ith   the 
invitatio n” are replaced by the words “ with the 
conclus ion”. 
In paragra ph (4), the word “invitation” is 
replaced  by the  word “conclus ion”, and the 
Croat ian word translated as “in  a dec ision” is 
replaced  by another Croatian word translated 
as “by a decision”.  
In paragraph (5),  the words  “shall invite  the 
applicant”  are replaced  by the words “shall 
order  the applicant  by a conclus ion”, and the 
word “invitation”  is replaced  by the word 
“conclus ion”. 
In paragra ph (6), the word “invitation” is 
replaced  by the  word “conclus ion”, and the 
Croat ian word transl ated as  “by decision”  is 
replaced  by another Croatian word translated 
as “by a decision”.  
 
 
Article 3  
In Article 32 paragraph (2), the wor ds “shall 
invite the a pplicant” are r eplaced by the words 
“shall order the applicant  by a concl usion”.  
In paragra ph (4), the word “invitation” is 
replaced  by the  word “conclus ion”, and the 
Croat ian word translated as  “by decision”  is 
replaced  by another Croatian word translated 
as “by a decision”.  Article 6  
Article 39 is amended to read:  
“(1) An industrial  design may  be subject  to a 
license  in its entirety  or in part, and  the license 
may be granted  for the w hole or  part of the 
territory of  the Republic of  Croat ia. 
(2) A licensing contra ct shall be drawn up  in 
writing.  
(3) A license  may be exclusiv e or no n- 
exclusiv e. 
(4) The ind ustrial design holder may in voke the 
rights   conferred   by   the   industr ial   design 
against a  licensee who cont ravene s any 
provision  in his licensing contra ct with regard 
to its durat ion, the for m covered by the 
registration  in which the design  may be used, 
the range of products  for which the license is 
granted,  the territory  in which the industrial 
design  may  be  used  and  the  quality  of 
products manufacture d. 
(5) The license shall be entered  in the register 
at the request  of the industrial design right 
holder  or at the  request of the licensee, 
provided that an extract from th e licensing 
contra ct indicating the  parties to that contract 
and the rights being licensed, certified as being a  true  extract  from  that  contract,  or  the 
original certificate of  granting  the license, 
signed  by both the licensor  and the licensee 
has b een filed with the Of fice. 
(6) A license  shall have effects  against third 
parties after its entry in t he registe r. 
(7) The entry of a license in the registe r shall 
be  published  in  the  official  gazette  of  the 
Office.  Industrial Design Act and 
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May 2018  29  
  
 
(8)  The  informat ion  to  be   contai ned  in  a 
request for t he entry of a license in the register 
shall be prescribed by the Regulat ions. 
 
 
Article 7  
In Article  40 paragraph  (5), the words “and 
levy of execution” are deleted.  
 
 
Article 8  
In Article 46,  paragraph (2) is delete d. 
 
 
Article 9 
After Article  51, headings  and Articles  51a and 
51b are added to read: 
“CORRECTI ON OF ERR ORS 
“(1)  Where  the  entry  in  the  regist er  of  an 
industrial design or the publication of a 
registration of  an industr ial design  contains a 
mista ke attr ibutable to the Office, th e Office 
shall  correct  the  mista ke  ex  officio  or  on 
request  of the party.  
(2) A request  for the correction of  a mista ke 
referred to in paragraph  (1) of this Article shall 
not be sub ject to payment of any fee  or 
procedural c harges. 
(3) T he Offi ce shall publish the correction of 
mista kes made in accor dance with th is Article.”  
 
 
INITIATION OF A PROCEDURE 
Article 51b  
(1) An application  for the registration of  an 
industrial design may be filed with t he Office 
directly  in writing,  by post, or  by electronic 
means. 
(2) Requests for the initiation  of other 
procedures  governed  by this Act shall be  filed 
with the Offi ce directly in writing, or by  post. 
(3) The requirements and  manner  in which an 
application for  the regist ration of  an industrial 
design and other requests for the initiation of 
procedures  shall  be  communicated  to  the 
Office shall be prescribed  by the Regu lations.  
 
 
Article 10  
In Article  52a, the Croat ian word tra nslated as 
“a decis ion” in the appropriate grammatical 
numbe r and case  is replaced  by another 
Croat ian word translated as  “a decision” in the 
appropriate grammatical number and case.  Article 11  
The Minister responsible for  the work of the 
Office  shall,  on  a  proposal  given  by  the 
Director Ge neral of the Office, harmo nize the 
Regulat ions referred  to in Article  61 of  the 
Industrial Design  Act (“Official Gazette”  Nos. 
173/03,  76/07 and 30/09)  with the provisio ns 
of this Act not later than within a period of two 
months from the  day of the entry into force of 
this Act. 
 
 
Article 12  
This Act shall enter into force on the eighth 
day following the  day of the publication thereof 
in the “Official Gazette ”. 
 
 
 
   
 
 
  
 
  
 
 
  
 
 
 
 
   
 
 
  
 
  
 
  
                    Industrial Design Act and 
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May 2018 30  
 ACT 
ON AMEN DMENTS  TO THE 
INDUSTRIAL  DESIGN 
ACT*** * 
 
 
Article 1  
In the Industrial Design Act  (»Official Gazette «, 
No. 173/03, 54/05, 76/07, 30/09 and 49/11) , in 
Article  23 paragraphs (2) and (3) shall be 
amended to read : 
»(2) The decisions issued by the Office cannot 
be appealed, but an administrative dispute can 
be instituted before the Administrative Court in 
Zagreb . 
(3) The procedure referred to in paragraph (2) 
of this Article is urgent .«. 
 
Article 2  
In Article 38a paragraph (4) , point 4 shall be 
deleted . 
Former points 5 and 6 shall become points 4 and 5. 
 
Article 3  
After the words : »by this Act « in Article 46, the 
words »and for filing an appeal « shall be 
deleted . 
 
Article 4  
The heading of Part Thirteen : »APPEAL «, the 
headings above Articles and Articles 52a to 52d 
shall be deleted . 
 
Article 5  
After the words » the Office « in Article  56g 
paragraph (3), the words : »or the Board of 
Appeal « shall be deleted . 
 
TRANSI TIONAL  AND FINAL 
PROVISIONS  
Article 6  
The Minister responsible for supervision of the work of the State Intellectual Property Office  
shall harmonise the Regulations on Industrial 
Design (»Official Gazette «, No. 72/04, 117/07, 
66/11, 125/13 and 43/17) with the provisions 
of this Act within 30 days from the day of the 
entry into force of this Act . 
 
  
  
Article 7  
(1) Administrative  procedures instituted by the 
provisions of the Industrial Design Act  (»Official 
Gazette «, No. 173/03, 54/05, 76/07, 30/09 and 
49/11) where the State Intellectual Property 
Office as the first instance authority issued the 
decision until the day of the entry into force of 
this Act shall be completed in accordance with 
the provisions of that Act and the regulations 
issued pursuant to that Act. 
(2) Boards of Appeal  in the field of industrial 
property rights established and appointed on the basis of the Patents Act (»Official Gazette «, 
No. 173/03, 54/05, 87/05, 76/07, 30/09, 
128/10, 49/11 and  76/13) shall continue to 
operate in accordance with the provisions of 
that Act and the regulations issued pursuant to 
that Act until all the administrative procedures 
referred to in paragraph (1) of this Article are 
completed by reaching final decisions, after 
which they shall cease to operate . 
(3) If, because of dismissal of the president or 
members of the Boards of Appeal referred to in 
paragraph (2) of this Article, it is not possible to 
determine the Board of Appeal to decide on an 
appeal, the procedure of electing or appointing 
the president or necessary number of members 
of the Boards of Appeal can exceptionally be 
conducted in accordance with the provisions of 
the Patents Act (»Official Gazette «, No. 173/03, 
54/05, 87/05, 76/07, 30/09, 128/10, 49/11 and 
76/13), for the needs of resolving the case 
referred to in paragraph (1) of this Article . 
 
Article 8  
This Act shall enter into force on the eighth day 
following the day of its publication in the 
»Official Gazette«.