WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/HRV/G/2 
30 November 2010 
 (10-6463) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CROATIA 
 The present document reproduces the text
1 of the Act on Geographical Indications and 
Designations of Origin of Products and Se rvices and Act Amending and Supplementing the 
Geographical Indications and Designations of Origin  of Products and Services Act, as notified by 
Croatia on 26 July 2010 under Article 63.2 of  the Agreement (see document IP/N/1/HRV/2). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
CROATIE 
 Le présent document contient les textes
1 de la Loi sur les modifications géographiques et les 
désignations d'origine pour les produits et services et de  la Loi modifiant et complétant la Loi sur les 
indications géographiques et les désignations d'origine pour les produits et services, notifiées par la Croatie le 26 juillet 2010 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/HRV/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
CROACIA 
 En el presente documento se reproduce el texto1 de la Ley de Indicaciones Geográficas y 
Denominaciones de Origen de Productos y Servicios y de la Ley por la que se modifica y complementa la Ley de Indicaciones Geográficas  y Denominaciones de Origen de Productos y 
Servicios, que Croacia ha notificado el 26 de julio de 2010 en virtud de lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/HRV/2). 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente.   
   
  IP/N/1/HRV/G/2 
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ACT ON GEOGRAPHICAL INDICA TIONS AND DESIGNATIONS  
OF ORIGIN OF PRODUCTS AND SERVICES 
 
    
And 
     
ACT AMENDING AND SUPPLEMENTING THE GEOGRAPHICAL INDICATIONS AND 
DESIGNATIONS OF ORIGIN OF PRODUCTS AND SERVICES ACT* 
   
 
     
 
    
 
     
NN 173/2003, in force from January 1, 2004 
*NN 76/2007, in force from July 31, 2007 
  
Zagreb September, 2007 
 
 IP/N/1/HRV/G/2 
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I. GENERAL PROVISIONS 
 
SUBJECT MATTER OF THE ACT 
Article 1 
 
(1)  This Act regulates the manner of acquisition, the system of protection and the exercise of the 
right to use a geographical indication and a d esignation of origin of products and services.  
 
(2)  The provisions of this Act shall not apply to  products and services in such part in which the 
system of protection and the exercise of rights to use a geographical indication and a 
designation of origin are governed by special regulations.  
 
GEOGRAPHICAL INDICATION 
Article 2 
 
(1)  Geographical indication is the name of a region, a specific place or, in exceptional cases, of a 
country, used to describe products or services orig inating in that region, place or country, and 
possessing a specific quality, reput ation or other characteristic attributable to that 
geographical origin and the production and/or processing and/or preparation of which take 
place in the specific geographical area.  
 (2)  Any other indication identifying a product or  a service originating in a certain geographical 
area shall be a geographical indication, if  it fulfils the requirements referred to in 
paragraph (1) of this Article.  
 
DESIGNATION OF ORIGIN 
Article 3 
 
(1)  Designation of origin shall be the name of a region, a specific place or, in exceptional cases, a 
country, used to indicate products or services originating in that region, the specific place or 
country, and the quality or characteristics of which are essentially or exclusively due to a 
particular geographical environment with its inherent natural and human factors, and the 
production, processing and preparation of which entirely take place in that specific geographical area.  
 
(2)  Designation of origin shall also be cons idered a name, which is not the administrative 
geographical name of a specific country, of a re gion or a place and which, due to its long-term 
use in trade, has become the common name of a product originating in that area, if it fulfils 
the requirements referred to in pa ragraph (1) of this Article.  
 
TRADITIONAL NAMES 
Article 4 
 
Traditional geographical or non-geographical names used  to identify a product or a service originating 
in a region or a specific place may be registered as designations of origin, where such a product or 
service fulfils the requirements provided for under Articles 3 and 5 of this Act.  
  IP/N/1/HRV/G/2 
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  ORIGIN OF RAW MATERIALS 
Article 5 
 
In exceptional cases, a product may be protected by a designation of origin where the designation has 
an established traditional characteristic, exceptional reputation and renown, where the raw materials 
for the production of this product originate from a region wider than or different from the processing 
area, provided that the production area of the raw mate rials is limited, that special conditions for the 
production of the raw materials exist, and that the sy stem of inspection exists to ensure that those 
conditions are adhered to.   
FORM 
Article 6 
 
(1)  A geographical indication and a designation of origin may be in a verbal form, and a 
geographical indication of origin may as well be in a figurative form.  
 
(2)  A geographical indication and a designation of or igin in verbal form may contain one word or 
a group of words corresponding to the name of a specific geographical area, including it or referring to it.  
 (3)  A geographical indication in a figurative fo rm may be a cartographic representation or any 
other symbolic representation indicating that a product or a service originates in a specific 
geographical area.  
 
EXCLUSION FROM PROTECTION 
Article 7 
 
A geographical indication and a designation of orig in may not grant protection to the name of the 
place of origin of a product or a service:   
1.  if it creates confusion in the public as  to the geographical origin of products or 
services;  
 
2.  if it suggests that the relevant product or service originates in a geographical area 
other than the true place of origin in a manner misleading the public as to the geographical origin thereof;  
 
3.  if it may, by its appearance or contents create confusion in trade in respect of the 
kind, origin, quality, manner of production or  other characteristics of the products or 
services;  
 4.  if it has, due to its long-term use in  everyday speech, lost its geographical meaning 
and has become a generic name  
 
5.  if it is identical with the name of a pl ant variety or an animal breed, where it would 
mislead the public as to the geographical origin of a product or a service;  
 6.  if it is contrary to public order and morality;  
 
7.  if it has not been protected or is no longer protected, or has fallen into disuse in the 
country of origin.  
 IP/N/1/HRV/G/2 
Page 6  
 
  GENERIC NAMES 
Article 8 
 
(1)  A generic name means the name of a produc t or a service, which has become a common name 
of that product or service, although it relates to the place where the product or service was 
originally produced or put on the market.  
 (2)  The name of the place of origin protected  by a geographical indication may not become a 
generic name during the period of pr otection defined by this Act.  
 
(3)  To establish whether or not a name has beco me generic pursuant to paragraph (1) of this 
Article account shall be taken of all the factors,  in particular the existing situation in the 
geographical area in which that name originated and in the areas of consumption of the product.  
 
HOMONYMS 
Article 9 
 
(1)  Where the names of two or more places of origin of products or services are identical or 
almost identical in writing (homonyms), the protection of such names by a geographical indication or a designation of origin shall be gr anted to all the interested parties complying 
with the requirements provided for by this Act, and in the manner provided for by the 
Regulations on geographical indications and desi gnations of origin of products and services 
governing the implementation of this Act (hereina fter referred to as: the Regulations), in 
accordance with the principles of equitable tr eatment of producers on the market, truthful 
informing of consumers, and doing business in good faith.  
 
(2)  The user of a homonym shall provide suffi cient information on the label or packaging 
material regarding the true origin of the product, so as to differentiate one homonym from 
another, and not to mislead the public.  
 
DOMESTIC AND FOREIGN PERSONS 
Article 10 
 
(1) The rights and obligations provided under this  Act shall refer to dom estic legal and natural 
persons, and to foreign legal a nd natural persons, with hereby provided limitations for foreign 
persons.  
 
(2)  Foreign persons may apply for protection of  a geographical indication or a designation of 
origin and the entry of authorised users, if th ey have been granted such rights in the country 
of origin and if they comply with th e requirements defined in this Act.  
 (3)  The term "country of origin" for the pur pose of this Act shall cover likewise the regional 
system under which the registration of a geogra phical indication and a designation of origin 
have been carried out for products originati ng in the territory of one or several Member 
States.  
 (4)  A foreign person may use the rights referred to in paragraph (2) of this Article when 
emanating from bilateral or international tr eaties on mutual protection of geographical 
indications that the Republic of Cr oatia has concluded or ratified.  
  IP/N/1/HRV/G/2 
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  II. PROTECTION GRANTING PROCEDURE 
 
COMMON PROVISIONS 
Article 11 
 (1)  The legal protection of geographical indicati ons and designations of origin of products and 
services shall be established in the administ rative procedure carried out by the State 
Intellectual Property Office (hereinafter: the Office).  
 (2)  The decision issued in the procedure referred to in paragraph (1) of this Article shall be final, 
and no appeal may be filed against these, but an  administrative lawsuit may be initiated.  
 
MANNER OF GRANTING PROTECTION 
Article 12 
 (1)  The protection of the name or  other indication of the place of or igin of products or services by 
a geographical indication shall be established by  the entry in the Register of geographical 
indications.  
 (2)  The protection of the name of the place of origin of products or services by a designation of 
origin shall be established by the entry in the Register of designations of origin.  
 
PERSONS ENTITLED TO FILE AN APPLICATIOn 
Article 13 
 
The following shall have the right to file an appli cation for the entry of a geographical indication or a 
designation of origin into the register:  
 1.  Association of producers and/or processors of a specific product or providers of services, 
irrespective of the legal status thereof;  
 2.  Individual producer and/or processor, irr espective of whether a natural person or a legal 
person, only in the case:  
 
−  where he is, at the time of filing of such an application, the sole producer or processor 
of the product or provider of the service in respect of which he is applying for the registration of a geographical indication or a designation of origin,  
 
−  where he is the only to use original and unchangeable local procedures, and  
 −  where a geographical area has characteristics which significantly differ from the 
characteristics of neighbouring areas and/or where characteristics of products differ;  
 
3.  Bodies of local and regional self-government, chambers and institutions interested in the 
protection of geographical indications or designati ons of origin within the scope and territory 
of their activities.  
 
REPRESENTATION OF FOREIGN PERSONS 
Article 14 
 
(1)  Foreign legal and natural persons not having a principal pl ace of business, a domicile or a 
habitual residence on the territory of the Repub lic of Croatia may initiate actions before the 
Office solely through authorised agents entere d in the specific register with the Office.  IP/N/1/HRV/G/2 
Page 8  
 
   
(2)  The provision of paragraph (1) of this Article  shall apply also to the nationals of the Republic 
of Croatia not having a domicile or a habitual  residence on the territory of the Republic of 
Croatia.  
 
RIGHT OF USE 
 
HOLDERS OF THE RIGHT OF USE 
Article 15 
 Persons complying with all the requirements provide d for under this Act and who have been entered 
in the relevant Register of users may use a protected geographical indication or a protected 
designation of origin.   
PROTECTION OF GEOGRAPHICAL INDICATIO NS AND DESIGNATIONS OF ORIGIN 
Article 16 
 
(1)  Registered geographical indications and desi gnations of origin shall be protected against:  
 
1.  The use by a person not performing the required activity and who has not been 
entered in the relevant register;  
 
2.  Any use to identify products and services the quality, reputation or any other 
characteristic of which is of a lower quality th an that entered in the register in respect 
of the protected indication;  
 
3.  Any use to identify products or services wh ich are not covered by the registration, but 
which are of the same kind as the products and services covered by the registration;  
 4.  Any use of false or misleading informat ion as regards the geographical origin, nature 
or quality of a product or a service on the p ackaging, advertising materials, or other 
documents, suggesting a rela tion between the product or service and the protected 
name;  
 5.  Any use, though entirely authentic as re gards the name of the territory, region or 
place in which a product or a service originates, misleading the public that the product or the service originate from another area;  
 
6.  Any use of translation or transliteration,  even where a true origin of products or 
services is indicated, and any use of the protected name, which is accompanied by a term: "style", "type", "manner", "according to process", "method", "produced in", "imitation", and the like;  
 
7.  Any other practice liable to mislead the public as to the geographical origin of a 
product or a service.  
 
(1)  The prohibition referred to in paragraph (1) of  this Article shall not apply to the use of the 
name being a part of a company's name, except where such name is used with the aim to 
mislead the public.  
  IP/N/1/HRV/G/2 
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  RELATION TO TRADEMARKS 
Article 17 
 
(1)  A trademark for which an application has been  filed or it has been registered or used in good 
faith before the filing of a request for the entry of a geographical indication or a designation 
of origin, and which is used to identify produc ts and services identical with or of the same 
kind as a protected geographical indication or a designation of origin may continue its use, and shall not be invalidated for containi ng a geographical indication in its name.  
 (2)  A trademark consisting of or containing a geographical indication or a designation of origin, 
and applying to products or services not originating from the indicated area, shall be 
invalidated, if the use of such indications is liabl e to mislead the public as to the true origin of 
a product or a service.  
 (3)  The invalidation procedure shall be instituted ex officio , or at a request of an interested 
person.  
 
INDICATION OF THE RIGHT OF USE 
Article 18 
 
A user of a geographical indication is entitled to add to a protected name the encircled sign "GO" for a 
geographical indication, or the encircled sign "I" for a designation of origin.  
 
 
III. ENTRY PROCEDURE 
 
REGISTERS 
Article 19 
 
(1)  The Office shall keep a register of filed applications for the protection of geographical 
indications, and a register of protected geogr aphical indications acquired pursuant to the 
provisions of this Act.  
 
(2)  The Office shall keep a register of filed applications for the protection of designations of 
origin and a register of protected designations of  origin acquired pursuant to the provisions of 
this Act.  
 
(3)  An entry in the register shall be made in the Croatian language, a nd a foreign person shall 
attach to the certified translation in the Croa tian language a public document in the official 
language of the country of origin.  
 (4)  Information for the entry in the register shall be provided for in the Regulations.   
(5)  The registers referred to in paragraphs (1) a nd (2) of this Article sha ll be public and available 
for inspection to any interested person fr ee of any special fees or charges.  
 (6)  Any interested person may request the Office for a printout or an excerpt from the register 
subject to the payment of the prescribed fees.  
 IP/N/1/HRV/G/2 
Page 10  
 
  INSTITUTION OF ENTRY PROCEDURE 
Article 20 
 
(1)  The procedure for the entry of a geographical indication or a designation of origin of products 
or services in the register shall be instituted upo n a written application with a specific request.  
 
(2)  A request contained in the application may refer to the protection of only one geographical 
indication or designation of origin, relating to only one type of products or services.  
 (3)  The application shall be filed to the Offi ce in the form provided for in the Regulations.  
 
(4)  If an application has been filed by a facsimile, the applicant shall file its original not later than 
within 15 days as from the filing made by a facsimile.  
 
APPLICATION 
Article 21 
 
An application for the entry of a geographical indicati on or a designation of origin in the register shall 
contain the following:   1.  A request for the entry of a geographical indication or a designation of origin in the register;  
 
2.  A specification (description);   3.  The evidence on the protection of a geographical indication or a designation of origin in the 
form of a true copy of a public document or other legal document in th e official language of 
the country of origin or a certified translation into the Croatian language, if the applicant is a 
foreign person;  
 4.  The evidence of the effected payment of th e administrative fee and procedural charges;  
 5.  A power of attorney, if the applicant is re presented by an authorised representative or an 
authorised person;  
 6.  A signature of the applicant, or his representative, or the authorised person.   
REQUEST FOR ENTRY IN THE REGISTER 
Article 22 
 
A request for the entry of a geographical indication or a designation of origin in the register shall 
contain:   1.  Data identifying the applicant, including th e data identifying the association filing a request 
and any producer, or provider of services belonging to that association;  
 2.  A geographical indication or a designati on of origin intended to be protected;  
 3.  Data identifying the kind of a product or a service to be designated by a certain geographical 
name or any other indication;  
 4.  The evidence of the right to f ile an application, if the appli cant is a natural person referred to 
in Article 13, paragraph 1, item 2 of this Act;  
  IP/N/1/HRV/G/2 
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  5.  A short summary of the description, correspondi ng to the content of the attached specification 
referred to in Article 21 of this Act;  
 6.  The data concerning the representative,  or the authorised person, if any;  
 
7.  A signature of the applicant, or the representative, or the authorised person.  
 
SPECIFICATION OF GEOGRAPHICAL INDICATION 
Article 23 
 (1)  The specification of a geographical indication shall contain the following:  
 
1.  The name of a product or a service;   2.  Special characteristics, with detailed and professional description, indicating that the 
products or services have a special quality, re putation or other special characteristics;  
 3.  Precise identification of a geographical region to which a request relates;   4.  Other data indicating that the products or services have a special quality, reputation or 
other special characteristics;  
 
(2)  The specification may also contain data concerning special characteristics of raw materials or 
information on a special manner to use products or  services, and other information considered 
necessary by the applicant to cer tify that the indications given in the application in fact 
concern the products and services of a special quality, reputation or any other special 
characteristics.  
 (3)  The specification shall give a clear and comp lete description of all the indications showing 
the link between special characteristics of products and services for which geographical indication is requested and the geographical area in which they originate.  
 
(4)  If the same geographical indication is used to identify several different products or services, a 
specification shall be submitted for each product or service separately.  
 
SPECIFICATION OF DESIGNATION OF ORIGIN 
Article 24 
 
The specification of a designation of origin shall contain the following:   1.  The name of the product or service;   2.  A description of the product or service, includi ng the raw material, clearly indicating that the 
specific quality and characteris tics of a product or a service exclusively or decisively 
developed under the influence of special natura l and human factors of a specific geographical 
area.  
 3.  A definition of the geographical area and a definition of the area from which the raw 
materials may originate if different from the processing area, and in the latter case the 
evidence that the requirements under Article 5 of this Act have been complied with;  
 IP/N/1/HRV/G/2 
Page 12  
 
  4.  A description of the method for obtaining the product and, if appropriate, the authentic and 
unvarying local methods;  
 5.  Specialties in providing services re lated to the geographical area.  
 
 
PROCEDURE CONCERNING THE ENTRY  
OF USERS IN THE REGISTER 
 
APPLICATION 
Article 25 
 
(1)  The procedure concerning the entry of users of a geographical indication or a designation of 
origin in the register shall be initiated by filing an application for the entry of the right of use. 
This application may be filed by a person likewi se filing an application for the entry into the 
register of geographical indications or designations  of origin referred to in Article 13 of this 
Act. If an association of producers or processors is the applicant for the entry of the rights of 
use, the application shall be filed on behalf of the members of this association. In the case 
referred to in Article 13, paragraph (1), item 3, the process for the entry in the register of the 
right of use may be instituted by producers or processors of goods or persons performing services to which geographical indications or de signations of origin apply, provided they 
comply with the requirements referred to  in this Act and the Regulations.  
 (2)  An application for the entry of the right of use a geographical indication or a designation of 
origin in the register shall contain the following:  
 
1.  A request for the entry of the right of use of a geographical indication or a 
designation of origin in the register;  
 2.  Evidence of performing a specific activity;   3.  Evidence provided by th e applicant that he has entrusted a competent inspection 
authority or any other prof essional body with regular cont rol of compliance with the 
requirements for the right of use of a geographical indication as laid down in Article 23, or the right to use a designation of origin, as laid down in Article 24 of this Act.  
 
4.  Evidence provided by the competent in spection authority or any other professional 
body regarding the control of products or  services carried out in the manner laid 
down in Article 23 of this Act, for the entry of the right of use of the protected geographical indication, or in Article 24, for the entry of the right of use of the protected designation of origin in the register;  
 
5.  Other information provided for by the Regulations.  
 
REQUEST FOR THE ENTRY OF 
THE RIGHT OF USE IN THE REGISTER 
Article 26 
 
A request for the entry of the right of use of a geographical indication or a designation of origin in the register shall contain:   1.  Information identifying the applicant;   IP/N/1/HRV/G/2 
 Page 13 
 
 
  2.  The name of a product or a service for which the entry is sought;  
 3.  Evidence of the payment of fees, or charges;   4.  A signature of the applicant, or the representative or the authorised person.  
 
 
IV. PROCEDURE FOR EXAMINATION 
OF AN APPLICATION 
 
FORMAL EXAMINATION 
Article 27 
 
(1)  The Office shall carry out formal examinati on of the correctness of the filed application in 
order to establish whether the requirements, provi ded for in Articles 21 to 26 of this Act have 
been complied with.  
 (2)  If the Office establishes that the application is  not correct, it shall deliver to the applicant the 
examination results containing reasons owing to which the application may not be considered 
correct, and invite him to remedy the deficiencies within the time limit of 30 days.  
 
(3)  At a reasoned request of the applicant, the Office may extend the time limit referred to in 
paragraph (2) of this Article, which shall not exceed six months as from the first invitation to correct.  
 (4)  If the applicant fails to remedy the applica tion or fails to pay the prescribed fee and charges 
within the provided time limit, the Office sha ll issue a decision on the rejection of the 
application for the protection of a geographical indication or a designation of origin, or the 
application for the entry of the right of use of a geographical indication or a designation of origin.  
 
SUBSTANTIVE EXAMINATION 
Article 28 
 
(1)  After formal examination of the filed applicati on referred to in Article 21 or 25 of this Act has 
been concluded, and if the application is correct, the Office shall carry out substantive 
examination of the filed application.  
 
(2)  If established that the application does not comply with the necessary requirements, the 
Office shall deliver to the applicant the examin ation results with the reasons owing to which 
the protection of the geographical indication or th e designation of origin shall not be granted, 
or the right of use thereof shall not be grante d, and shall invite him to make observations on 
the mentioned reasons within a specific time limit.  
 
(3)  At a reasoned request of the applicant, the Office may extend the time limit referred to in 
paragraph (2) of this Article, which shall not ex ceed six months as from the invitation to make 
observations.  
 
(4)  If the applicant makes no observation at all or if he does, and the Office considers that a 
geographical indication or a designation of origin as applied for shall not be protected, or that 
a specific person shall not be granted the right of  use, the Office shall refuse a request for the 
protection of a geographical indication or a designation of origin, or a request for the grant of the right of use of a geographical indication, or a designation of origin.  IP/N/1/HRV/G/2 
Page 14  
 
  (5)  If the Office establishes in the procedure carried  out that the application for the protection of a 
geographical indication or a designation of orig in complies with the formal and substantive 
granting requirements it shall publish the applica tion and thus make it available to public.  
 
PUBLICATION OF AN APPLICATION 
Article 29 
 
(1)  An application for the protection of a geogra phical indication or a designation of origin shall 
be published in the official gazette of the Office.  
 
(2)  The contents of information contained in the application to be published shall be provided for 
by the Regulations.  
  
OPPOSITION 
 
OPPOSITION PROCEDURE 
Article 30 
 
(1)  Any interested person having its principle place of business or domicile in the territory of the 
Republic of Croatia may file, within a prescrib ed time limit, an opposition to the published 
application for a geographical indication or a desi gnation of origin, if he/she considers that it 
does not comply with the requirements provided for by this Act.  
 (2)  The owner of a trade name or a registered  trademark may file, within the prescribed time 
limit, an opposition to the published application of a geographical indication or a designation 
of origin, if it is in its entirety or in part iden tical with that trade name registered in good faith 
and if its protection would jeopardise the right of  that trade name or trademark, having regard 
to the actual likelihood of confusion.  
 (3)  The right of opposition shall pertain to th e owner of a trademark having acquired special 
reputation and renown through prior continuous use, if the protection of a geographical 
indication or a designation of origin, may mislead the consumer as to the true origin of the 
product.  
 (4)  The opposition to the acquisition of the right of use shall not be filed.   
(5)  The opposition shall be filed with the Office w ithin three months from the date of publication 
of the application in the official gazette of th e Office, and shall contain the relevant evidence 
proving that the geographical indication or d esignation of origin applied for shall not be 
protected under this Act.  
 (6)  If the Office establishes that the opposition does not comply with the formal requirements 
referred to in this Article, because the opponent did not file the opposition within the 
prescribed time limit, or has not submitted any of the required evidence, it shall issue a 
decision on the rejection of the opposition and shall inform the applicant and the opponent thereof.  
 
(7)  If the Office establishes th at the opposition is in complia nce with the necessary formal 
requirements, it shall continue with the opposition procedure.   IP/N/1/HRV/G/2 
 Page 15 
 
 
  EXAMINATION OF THE OPPOSITION 
Article 31 
 
(1)  The Office shall deliver the opposition supporte d with evidence to the applicant for the entry 
of a geographical indication or a designation of or igin in the register, and shall invite him to 
give his observations regarding allegations in  the opposition and supporting evidence, within 
the time limit of 30 days as from the date of the delivery thereof.  
 (2)  At a request of the applicant, who shall pr ove that the request is justified, the Office may 
extend the time limit for not more than another 30 days.  
 
(3)  If the applicant fails to submit his observa tions on the opposition within the prescribed time 
limit, the Office shall suspend the pr ocedure on the filed application.  
 (4)  Upon the receipt of the observations on the oppos ition, the Office shall examine whether it is 
justified.  
 (5)  If established necessary for issuing a deci sion on the opposition, the Office may consult a 
relevant institution or an in dividual expert, on open issues addressed in the opposition.  
 (6)  If the Office finds the opposition unjustified, the opposition shall be refused, and a decision to 
that effect shall be delivered to th e opponent, and to the applicant.  
 (7)  If the Office establishes in the oppositi on examination procedure that the opposition is 
justified, it shall refuse the application for a geographical indication or a designation of origin, 
and notify the decision to that effect to the opponent and to the applicant.  
 
 
V. ENTRY IN REGISTER AND THE RIGHTS EMANATING THEREFROM 
 
ENTRY IN THE REGISTER OF GEOGRAPHICAL INDICATIONS  
AND DESIGNATIONS OF ORIGIN 
Article 32 
 
(1)  If the application for a geographical indication or a designation of origin complies with all the 
requirements, and if no opposition has been filed or the opposition has been refused or 
rejected, the Office shall issue a decision on the protection of a geographical indication or a 
designation of origin, and shall enter the protect ed geographical indication in the Register of 
Geographical Indications, and the protected designation of origin in the Register of Designations of Origin.  
 (2)  If the application for the entry of the right of use of a geographical indication or a designation 
of origin complies with the prescribed requireme nts, the Office shall invite the applicant to 
pay the prescribed fee and charges for the first ten years of use of the indication and to pay 
charges for the publication of information c oncerning the right of use, and to provide 
evidence on the effected payments.  
 (3)  If the applicant fails to pay the prescribed fee and charges within the fixed time limit, and 
fails to provide evidence on the effected paymen t, the Office shall reject the application for 
the entry of the right of use of a geographical indication or a designation of origin.  
 IP/N/1/HRV/G/2 
Page 16  
 
  ENTRY IN THE REGISTER OF AUTHORISED USERS 
Article 33 
 
When the applicant has provided  evidence on the effected payments referred to in Article 33, 
paragraph (2) of this Act, the Office shall issue a decision on the grant of the right of use of a 
geographical indication or a designation of origin, an d shall enter the right of use of a geographical 
indication in the Register of Authorised Users of Geographical Indications, and the right of use of a 
designation of origin in the Register of Authorised Users of Designations of Origin.   
SECOND INSTANCE PROCEEDING 
Article 34 
 
Against final decisions of the Office on granting or  refusing the entry in the register pursuant to 
Articles 32 and 33 of this Act, an administrative lawsuit may be initiated before the Administrative 
Court of the Republic of Croatia.  
 
CONTENTS OF THE ENTRY IN REGISTER 
Article 35 
 
The following data shall be entered in the Regist er of Geographical Indications or Designations of 
Origin:  
 
1.  The geographical name protected by a geographical indication or by a designation of origin;   2.  The kind of the product or service protected by a geographical indication or a designation of 
origin;  
 
3.  Appearance (form) of a geographical indication;   4.  Authorised users of geographical indications or designations of origin;   5.  Other information prescribed by the Regulations.  
 
REGISTER OF AUTHORISED USERS 
Article 36 
 
The following data shall be entered in the Register of Authorised Users of Geographical Indications or 
Designations of Origin:  
 1.  Name and surname or name and address, i.e. establishment of the authorised user of a 
geographical indication or a designation of origin;  
 2.  A geographical name protected by a geogra phical indication or a designation of origin.  
 
3.  The registration number of a geographical indication or a designation of origin;   4.  Other information prescribed by the Regulations.   
PUBLICATION 
Article 37 
 
(1)  Information on a protected geographical indication or a designation of origin shall be 
published in the official gazette of the Office.   IP/N/1/HRV/G/2 
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(2)  The information to be published  in the official gazette of the Office shall be prescribed by the 
Regulations.  
 (3)  The publication of a protected geographical indication or a designation of origin shall be 
subject to the payment of prescribed publication charges, laid down in a special regulation  
 
MANNER OF USE 
Article 38 
 (1)  An authorised user of a geographical indica tion or a designation of origin shall be entitled to 
use the protected name only for identifying the kind of the product to which it relates.  
 (2)  The right referred to in paragraph (1) of this Article shall also comprise the use of a 
geographical indication or a designation of origin on packaging, catalogues, brochures, 
advertisements, and other forms of business documentation, and the import and export of 
products identified by such a geographical indication or a designation of origin.  
 
CERTIFICATE 
Article 39 
 (1)  After the entry of the right of use of a protected geographical indication or a designation of 
origin in the relevant register and after th e payment of prescribed charges for issuing a 
certificate, the Office shall issue a certificate of the right of use of a geographical indication or 
a designation of origin to the authorised user.  
 
(2)  The form and content of the certificate shall be provided for by the Regulations.  
 
LIMITATIONS AS TO DISPOSITION 
Article 40 
 
(1)  A geographical indication or a designation of origin shall not be the subject matter of a 
contract on the transfer of rights, a license contract, a pledge, a franchising contract or any 
other form of assignment of rights.  
 (2)  If a geographical indication or a designation of or igin is the subject matter of an applied for or 
registered trademark, such a trademark shall not be transferred, assigned,  given in pledge, and 
the like.  
 (3)  A geographical indication or a designation of origin having several authorised users shall be 
the subject matter only of a collective trademark.  
 
DURATION OF PROTECTION 
Article 41 
 
The duration of a geographical indication and a desi gnation of origin of products and services shall 
not be limited.   IP/N/1/HRV/G/2 
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  DURATION AND RENEWAL OF THE RIGHT 
OF USE AND THE ENTRY OF CHANGES 
Article 42 
 
(1)  The right of use of a geographical indication shall last for ten years as from the date of entry 
of an authorised user in the Register of Authorised Users of Geographical Indications or in the 
Register of Authorised Users of Designations of Origin.  
 (2)  The right referred to in paragraph (1) of th is Article may be renewed for unlimited number of 
times, under the prescribed requirements.  
 
(3)  The renewal of the right of use of a geographi cal indication or a designation of origin shall be 
granted upon the payment of the prescrib ed fees and maintenance charges.  
 (4)  The entry in the Register of the renewal of the right of use shall be carried out in the manner 
provided for by the Regulations.  
 (5)  At the request of an authorised user the O ffice shall enter in the Register the status changes 
and other changes referring to the authorised user of a geographical indication or a designation of origin.  
 
(6)  The procedure for the entry of changes shall be provided for by the Regulations.  
  
VI. CANCELLATION OF ENTRY 
IN THE REGISTER 
 
EXPIRATION OF THE RIGHT OF USE 
Article 43 
 
The right of use of a geographical indication or a designation of origin shall expire before the 
expiration of the time limit referred to in Article 42, paragraph of this Act in the following cases:  
 
1.  If the authorised user waived his right of use – on the day following the day of submission of 
the notice of waiver to the Office;  
 2.  On the basis of a final court decision or an y other decision of a competent authority in the 
cases provided for by this Act – on the date specified by those decisions;  
 3.  If a right holder who is a legal person ceased to exist, or a natural person deceased – on the 
date of the respective event.  
 
DECLARATION OF A DECISION ON THE PROTECTION OF A GEOGRAPHICAL 
INDICATION AND A DESIGNATION OF ORIGIN NULL AND VOID 
Article 44 
 
(1)  A decision on the protection of a geographical indication or a designation of origin shall be 
declared null and void, if established that  
 
1.  There were no conditions for the protection of a geographical indication or a 
designation of origin provided for by this Act,  
  IP/N/1/HRV/G/2 
 Page 19 
 
 
  2.  An obstacle laid down in the provisions of Article 7 paragraph (1), items 1 to 7 of this 
Act existed,  
 3.  The procedure for the declaration of a d ecision null and void shall be regulated by the 
Regulations  
 
4.  An unauthorised person filed the application for the entry in register.  
 (2)  Procedure for the declaration of a decision nul l and void referred to in paragraph (1) of this 
Article may be initiated by the Office ex officio, at a proposal of an interested person or at a 
proposal of the State Attorney for the whole duration of the protection.  
 (3)  Procedure for the declaration of a decision null and void shall be in detail provided for by the 
Regulations.  
 
(4)  Declaration of a geographical indication or a designation of origin null and void shall be 
entered in the register and published in the official gazette of the Office.  
 
REVOCATION OF A DECISION ON THE GRANT OF THE RIGHT OF USE 
Article 45 
 (1)  A decision on the grant of the right of u se by an authorised user may be revoked, if 
established that the conditions for the grant of su ch right provided for by this Act have ceased 
to exist. In the procedure concerning the request  for revocation of a decision on the grant of 
the right of use, the authorised user shall prove  the existence of the conditions for the grant of 
the right of use.  
 
(2)  The revocation procedure referred to in para graph (1) of this Article shall be carried out 
before the Office, and shall be in stituted ex officio, at a proposal of an interested person or at 
a proposal of the State Attorney.  
 (3)  The procedure referred to in paragraph (2) of this Article shall be in detail provided for by the 
Regulations.  
 
LEGAL EFFECTS OF REVOCATION OF DECISION 
Article 46 
 For the person entered in the Register of Aut horised Users of a Geographical Indication or a 
Designation of Origin, the right of use shall cease after the administrative decision, revoking a decision granting the capacity of auth orised user, has become final.  
 
 
VII. EXERCISE OF RIGHTS 
 
CIVIL PROTECTION 
 
INFRINGEMENT 
Article 47 
 
Any unauthorised use of a geographical indication or a designation of origin or the use of any other 
sign, or practice, prohibited pursuant to Article 16 of  this Act, shall be considered infringement of a 
geographical indication or a designation of origin.   IP/N/1/HRV/G/2 
Page 20  
 
  LEGAL ACTION 
Article 48 
 
(1)  A legal action against the infringement of a protected geographical indication, or a 
designation of origin, may be institute d by the person who registered the 
indication/designation, authorised users of th e geographical indication or the designation of 
origin, associations in the field of industry  and trade, and by the State Attorney.  
 (2)  In a legal action referred to in paragraph (1 ) of this Article the following may be claimed:  
 
1.  Establishment of the existence of infringement  
 2.  Prohibition of activities infringing a protected geographical indication or a 
designation of origin.  
 
3.  Seizure and destruction of products  resulting from or obtained by infringing a 
protected geographical indication or a designation of origin.  
 4.  Seizure and destruction of materials a nd implements predominantly used to produce 
the infringing goods.  
 
5.  Publication of a judgment at defendant's expenses.  
 (3)  The responsibility for infringing a protected ge ographical indication or a designation of origin 
under this Act shall not exclude the responsib ility for infringing a right and other actions 
pursuant to the provisions relating to unfair market competition.  
 
DAMAGE 
Article 49 
 
Authorised users may claim compensation for damages pursuant to the general rules on the 
compensation for damages.  
 
COMPETENT COURT 
Article 50 
 
In a legal action instituted against the infringement  of a geographical indication or a designation of 
origin, territorial jurisdiction shall be with th e commercial court on the territory of which the 
authorised users of such a geographical indication or a designation of origin have a domicile or an establishment.   
TIME LIMIT FOR INITIATING LEGAL ACTION 
Article 51 
 
A legal action against the infringement of a prot ected geographical indication or a designation of 
origin may be instituted within the period of thr ee years as from the date on which any infringement 
and perpetrator have become known, and not later than within five years from the date on which 
particular infringement occurred.  
  IP/N/1/HRV/G/2 
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  ORDERING OF PROVISIONAL MEASURE 
Article 52 
 
(1)  In the course of a legal action against th e infringement of a geographical indication or a 
designation of origin, the court may be claimed to order a provisional measure to prohibit the 
infringing actions and temporarily seize the products allegedly infringing a geographical 
indication or a designation of origin, and to pr eserve relevant evidence regarding the alleged 
infringement.  
 (2)  A provisional measure may be claimed even be fore instituting a legal action, provided that the 
action is instituted within the time limit of 20 days, or 31 calendar days, whichever is longer, 
as from the day of applying for the ordering of a prov isional measure.  
 (3)  Where any delay in adopting a provisional measu re is likely to cause an irreparable harm to a 
registrant or authorised users of a geographical  indication or a designation of origin, or where 
there is an evident risk of evidence being dest royed, the provisional measure shall be adopted 
without hearing a defendant. In such a case the defendant shall be notif ied without delay. A 
review, including a right to be heard, shall take place at the request of a defendant, with a view to decide, within a reasonable time limit af ter the notification of the measures, whether 
these measures shall be revoked, modified or conformed.  
 
(4)  An appeal against a decision ordering a pr ovisional measure shall not delay the enforcement 
of the decision.  
 (5)  The court shall apply emergency procedur e to legal actions against infringement of a 
geographical indication or a designation of origin.  
 
MISDEMEANOUR PROCEDURE 
Article 53 
 
(1)  Any legal entity shall be punished by  a fine of HRK 20,000 to 100,000 for:  
 
1.  Using directly or indirectly, and withou t authorisation, geographical indications or 
designations of origin for products being iden tical with or comparable to registered 
products for the purpose of acquiring economic  benefit, even if a true geographical 
origin of the product is indicated, or where a geographical indication or a designation of origin is translated or accompanied by additional terms;  
 
2.  Using geographical indications or designations of origin in a way prejudicial to the 
reputation or exploiting the reputation of the protected geographical indication;  
 3.  Using false or misleading information as to the geographical origin, nature or quality 
of a product or a service on the packaging, advertising material or other documents 
liable to convey the impression of connecti on between a product or a service, and a 
protected geographical indication or a designation of origin;  
 4.  Performing other actions liable to mislead the public as to the geographical origin of a 
product or a service;  
 
(1)  A natural person and a responsible person in  a legal person shall be punished by a fine 
amounting from HRK 2,000 up to 8,000 when fo und to be in possession of products illegally 
produced or put into circulation and when refusing to give information about the origin and the manner of obtaining such products.  IP/N/1/HRV/G/2 
Page 22  
 
   
(2)  A responsible person in a legal person shall be punished by a fine amounting from 
HRK 5,000 up to 10,000, for the misdemeanour refe rred to in paragraph (1) of this Article.  
 (3)  A natural person shall be punished by a fine amounting from HRK 2,000 to 8,000 for the 
misdemeanour referred to in para graph (1) of this Article.  
 (4)  The products intended for or used for th e commitment of misdemeanours referred to in 
paragraphs (1), (2), (3) and (4) of this Artic le shall be seized and destroyed upon the final 
decision of a judicial body.  
 
 
VIII. APPLICATION OF SPECIAL PROVISIONS 
 
OTHER PROVISIONS APPLIED TO TH E PROCEDURE BEFO RE THE OFFICE 
Article 54 
 
For specific subject matters from the procedure no t regulated by this Act, the Act on General 
Administrative Procedure shall apply.   
FEES AND PROCEDURAL CHARGES 
Article 55 
 
The payment of fees and procedural charges shal l be effected in compliance with the special 
provisions for the procedures provided for under this Act.  
 
 
IX. TRANSITIONAL AND FINAL PROVISIONS 
 
APPLICATION OF THE ACT TO PENDING PROCEDURES 
Article 56 
 (1)  This Act shall apply to all pending proce dures related to the protection of geographical 
indications or designations of origin, or the ac quisition of the rights of use, except for those 
relating to the products the protection of whic h shall be exercised under special provisions.  
 (2)  Instituted but pending proce dures relating to the products the protection of which shall be 
exercised under special regulations and conc luded before the Office pursuant to the 
provisions of the Act on Geographical Indications  of Products and Services (Official Gazette 
No. 78/99).  
 (3)  Geographical indications and designations of origin which have been granted and entered in 
the relevant register kept by the Office, rela ting to the products the protection of which is 
exercised under special provisions, shall be en tered in the relevant registers established 
pursuant to the respective regulations.  
 (4)  The same shall apply to the structure and en try in the Register of Authorised Users of the 
Protected Geographical Indications or Designati ons of Origin for the products the protection 
of which is exercised under special regulations.  
  IP/N/1/HRV/G/2 
 Page 23 
 
 
  IMPLEMENTING REGULATIONS 
Article 57 
 
The competent Minister shall, at the proposal of the director of the Office, enact the Regulations for the implementation of this Act up to the co mmencement of application of this Act.  
 
CESSATION OF VALIDITY OF 
A PREVIOUS LEGAL ACT 
Article 58 
 With the date of commencement of applicatio n of the present Act, the Act on Geographical 
Indications of Products and Services (Official Gaze tte No. 78/99) shall cease to be valid, except for 
the provision on representation (Article 14), which sha ll apply up to the enactment of a special law.  
 
ENTRY INTO FORCE 
Article 59 
 
This Act shall enter into force on the eighth day from the date of its publication in the Official Gazette 
of the Republic of Croatia, and shall apply as of 1 January 2004.   IP/N/1/HRV/G/2 
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ACT AMENDING AND SUPPLEMENTING THE GEOGRAPHICAL INDICATIONS AND 
DESIGNATIONS OF ORIGIN OF PRODUCTS AND SERVICES ACT 
 
Article 1 
 
In the Geographical Indications and Designations of  Origin of Products and Services Act (Official 
Gazette No. 173/03) Article 11 is amended to read:  "(1) The State Intellectual Property Office (hereinaft er: the Office) shall carry out the administrative 
proceedings for the registration of geographical indica tions and designations of origin of products and 
services and the proceedings for their invalidati on, and shall perform other administrative and 
professional tasks concerning the protection of geogra phical indications and designations of origin of 
products and services.  (2) The administrative decisions i ssued by the Office in the first instance may be appealed and the 
appeals shall be decided on by the Board of Appeal in accordance with the provisions of this Act. The 
filing of an appeal shall be subject to payment of  the administrative fee and procedural charges in 
accordance with special regulations. If the administ rative fee and procedural charges are not paid 
timely, the appeal shall be considered as not filed.  (3) The provisions of the General Administrative Pr oceedings Act shall apply to particular matters 
concerning the procedure referred to in paragraphs 1 a nd 2 of this Article, not regulated by this Act.  
(4) The administrative decisions rendered by the Board of Appeal in the second instance may be 
challenged in the administrative dispute accord ing to the Administrative Dispute Act."  
 
Article 2 
 
Headings above article 34 and the provis ion of Article 34 shall be deleted.  
 
Article 3 
 
Below Article 46 a new Part Seven: "APPEAL" and new Articles 46a and 46d are inserted to read:  
"RIGHT TO APPEAL"  
Article 46a 
(1) A party whose request has been fully or partia lly refused has the right to appeal the decision 
within 30 days from the day the decision was received.  (2) Other parties to the proceedings ended by the decision which is appealed have the right to be 
parties to the appeal proceedings.   
CONTENTS OF AN APPEAL 
Article 46b 
 
In addition to the data which every written submissi on has to contain, the appeal has to contain:  
1. identification of the decree which is appealed,  2.  specified statement on whether the decree is  appealed in full or in certain part,  
3.  grounds for appeal,  
4.  reasons for appeal, and all the evidence  which the appellant proposes as a proof for 
the appeal,  
5.  appellant's signature,  6.  power of attorney if the appeal  is submitted through an attorney.  
 
DECIDING ON APPEAL 
Article 46d 
 
(1) The Boards of Appeal shall decide at the meetings, by majority vote.   IP/N/1/HRV/G/2 
 Page 25 
 
 
  (2) The Boards of Appeal shall make the decision on th e basis of parties0 written submissions, and, if 
they considers necessary or when a party to the proceedings requests so, they may hold a hearing. The 
parties shall be informed of the hearing no t less than 10 days prior to its holding.  
 
THE BOARDS OF APPEAL 
Article 46d 
 
(1) The appeals referred to in article 46a of this Act shall be decided on by the Boards of Appeal in 
the field of industrial property.  (2) The composition and constitution of the Board of Appeal referred to in Article 46a of this Act 
shall be subject to the provisions of the Patent Act."  
Present Part Seven shall become Part Eight.   
Article 4 
 
Headings above Article 48 are amended to read:  
"PERSONS AUTHORISED TO CLAIM ENFORCEMENT OF A RIGHT".  Article 48 is amended to read:  "Protection of the right under this Act may be cl aimed by a person who registered an indication of 
origin, authorised users of an indication of origin , associations in the field of industry and trade and 
the State Attorney."  
 
Article 5 
 
Headings above Article 49 are amended to read:  
"THE APPLICATION MUTATIS MUTANDIS  OF THE PROVISIONS OF THE TRADEMARK 
ACT".  
Article 49 is amended to read:  "The provisions of the Trademark Act concerning th e civil enforcement of trademarks shall apply 
mutatis mutandis  to civil enforcement of geographical i ndications and designations of origin of 
products and services, as regulated under this Act."   
Article 6 
 
Headings above Articles 50 to 52 and Article 50 to 52 shall be deleted.  
 
Article 7 
 
In Article 53, paragraph 2 and paragraph 4 number "8,000" is replaced by number: "10,000".  
Following the paragraph 4, a new pa ragraph 5 is added to read:  
"(5) A natural person – a craftsman, or a self-e mployed person committing a misdemeanour referred 
to in paragraph 1 of this Article, in the course of  their business activity, shall be punished by a fine 
from HRK 5.000 to 50.000."  
In the former paragraph 5, which shall become pa ragraph 6, numbers "1, 2, 3 and 4" are replaced by 
numbers "1, 2, 3, 4 and 5".   
Article 8 
 
The former Part Eight shall become Part Nine.  
 
Article 9 
 
Headings above Article 54 and Ar ticle 54 shall be deleted.  IP/N/1/HRV/G/2 
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Article 10 
 
The former Part Nine shall become Part Ten.  
 
TRANSITORY AND FINAL PROVISIONS 
Article 11 
 
(1) The administrative disputes initiated before the Administrative Court prior to 1 January 2008, shall 
be completed before the Administrative Court in accordance with the provisions which were 
applicable before that date.  
(2) A party which instituted a lega l 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 stay 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 acti on, if an appeal against such an administrative 
decision is allowed pursuant to the provisions of this Act. The second-instance administrative decision 
rendered on the basis of that appeal may be challe nged in the administrative dispute according to the 
provisions of the Administrative Dispute Act.   
Article 12 
 
The proceedings for the enforcement of the geograp hical indications and designations of origin of 
products and services pending on the day this Act ente rs into force shall be completed pursuant to the 
rules in force before the entry into force of this Act.   
Article 13 
 
The Regulations referred to in Article 57 of the Ge ographical Indications and Designations of Origin 
of Products and Services Act (Official Gazette, No. 173/03) shall be harmonised with the provisions of this Act by the Minister competent 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 Act.  
 
Article 14 
 
This Act shall enter into force on the eight day foll owing the day of its publication in the Official 
Gazette, except for Articles 1 and 3 which will enter into force on 1 June 2008.   
 
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