WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/HRV/D/4 
10 November 2011 
 (11-5797) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  
 
 
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 Industrial Design Act and the Act on 
Amendments to the Industrial Design Act, as notifie d by Croatia on 1 August 2011 under Article 63.2 
of the Agreement (see document IP/N/1/HRV/3).  
 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 dessins et modèles industriels et de 
la loi portant modification de la Loi sur les dessins  et modèles industriels, notifiées par la Croatie le 
1er août 2011 au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/HRV/3). 
 
 
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 texto
1 de la Ley de Dibujos y Modelos Industriales 
y de la Ley por la que se modifica la Ley de Dibujos y Modelos Industriales, que Croacia ha 
notificado el 1º de agosto de 2011 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/HRV/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/HRV/D/4 
 Page 3 
 
 
   
    
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 
  
Zagreb July, 2011  IP/N/1/HRV/D/4 
 Page 5 
 
 
  I. GENERAL PROVISIONS 
 
SUBJECT MATTER OF THE ACT 
Article 1 
 This Act provides the requirements for the protection of a design, regulates the right to protection, the 
acquisition of the industrial design, the scope and term of industrial design protection, exclusive rights 
conferred by the industrial design, the industrial d esign registration procedure, the changes relating to 
industrial designs, the termination and invalidati on of industrial designs, international deposit of 
industrial designs, civil protecti on and misdemeanour provisions.   
  
DEFINITIONS 
Article 2 
 
For the purposes of this Act:   
 
1.   "Design" means the appearance of the whole or a part of a product resulting from its features, 
in particular, the lines, contours, colours, shap e, texture and/or materials of the product itself 
and/or its ornamentation,   
 
"Product" means any industrial or handicraft item,  including, inter alia, parts intended to be 
assembled into a complex product, packagi ng, 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. PROTECTION REQUIREMENTS 
 
REQUIREMENTS FOR PROTECTION 
Article 3 
 
(1)   A design shall be protected by an industrial design to the extent that it is new and has 
individual character.   
 (2)  A design applied to or incorporated in a product which constitutes a component part of a 
complex product shall only be considered to be new and to have individual character:   
  1. If the component part, once it has been  incorporated into the complex product, 
remains visible during normal use of the latter,   
  2.  To the extent that those visible features  of the component part fulfil in themselves the 
requirements as to novelty and individual character.   
 (3)   "Normal use" within the meaning of paragra ph (2) item 1 of this Article shall mean use by the 
end user, excluding maintenance, servicing or repair work.   
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  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 application for registration of the industrial design 
(hereinafter referred to as: industrial design applica tion) or, if a priority is claimed, the date of 
granted priority.   
 (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 indivi dual character if the overall impression it produces 
on the informed user differs from the overa ll impression produced on such a user by any 
design which has been made available to the pub lic prior to the date of filing the industrial 
design application or, if priority is clai med, the date of granted priority.   
 (2)   In assessing individual character, the degree of freedom of the designer in developing the 
design shall be taken into consideration.   
 
DISCLOSURE OF DESIGN 
Article 6 
 
(1)   A design shall be deemed to have been ma de available to the public if it has been published 
following registration or otherwise, or exhibite d or used in trade or otherwise disclosed, 
except where these events could not reasonably have become known in the normal course of 
business to the circles specialised  in the sector concerned, operating within the Republic of 
Croatia, prior to the date of filing of the industria l design application or, if priority is claimed, 
prior to the date of granted priority. The design shall not be deemed to have been made available to the public for the sole reason that  it has been disclosed to a third person under 
explicit or implicit conditions of confidentiality.   
 
(2)  A disclosure shall not be taken into consider ation if a design for which protection is claimed 
has been made available to the public:   
 
1.  By the designer, his successor in title, or a third person as a result of information 
provided or action taken by the designer or his successor in title,   
 
2.  During the 12-month period preceding the date of filing of the industrial design 
application or, if priority is claime d, the date of granted priority.   
 (3)   The provision referred to in paragraph (2) of  this Article shall also apply if the design has 
been made available to the public as a consequen ce of an abuse in relation to the designer or 
his successor in title.   
  IP/N/1/HRV/D/4 
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  DESIGNS DICTATED BY THEIR TECHNICAL FUNCTION AND  
DESIGNS OF INTERCONNECTIONS 
Article 7 
 
(1)   An industrial design shall not subsist in features of appearance of a product:   
 
 1.  Which are solely dictated by its technical function; 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 against another product so that 
either product may perform its function.   
 (2)   Notwithstanding the provision referred to in pa ragraph (1) item 2 of this  Article, an industrial 
design shall, under the conditions set out in Artic les 4 and 5 of this Act, subsist in a design 
serving the purpose of allowing the multiple assembly or connection of mutually 
interchangeable products within a modular system.   
 
DESIGNS CONTRARY TO PUBLIC INTERESTS OR  
ACCEPTED PRINCIPLES OF MORALITY 
Article 8 
 
An industrial design shall not subsist in a design th at is contrary to public interests or accepted 
principles of morality.     
GROUNDS FOR REFUSAL OF PROTECTION 
OR FOR INVALIDITY 
Article 9 
 
An application for registration of a design shall be refused, i.e. a registered industrial design shall be 
invalid 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 
acquisition of the industrial design under this Act,   
 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 industr ial design application or, if priority is 
claimed, after the date of granted priority, and which is protected from a date which is 
earlier than the said date by an industrial design registered 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 unauthorised u se of a work protected under the provisions 
of the act regulating copyright and related rights,   
 IP/N/1/HRV/D/4 
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   7. The design constitutes an improper use of an y of the items listed in Article 6ter of the 
Paris Convention for the Protection of Industr ial Property (hereinafter referred to as: 
the Paris Convention), or of badges, em blems and escutcheons other than those 
covered by the said Article of the Paris Conven tion, which are of particular interest to 
the Republic of Croatia.   
  
 
III. RIGHT TO PROTECTION 
 
DESIGNER 
Article 10 
 
(1)   A designer is a natural person who created a design.    (2)   A person who has only provided technical assist ance in the creation of an industrial design 
shall not be deemed a designer.   
 
MORAL RIGHT OF THE DESIGNER 
Article 11 
 
(1)  Notwithstanding whether he is the applicant or the right holder, the designer shall have the 
right to be cited as the designer in all documents and during public exhibitions of his design.   
 (2)   The moral right of the designer cannot be transferred.    (3)   If several designers participated in the crea tion of the design jointly, all designers shall be 
entitled to the right referred to in paragraph (1) of this Article, notwithstanding their 
contribution in the creation of the design.   
 
PERSONS ENTITLED TO THE ACQUISITION 
OF INDUSTRIAL DESIGNS 
Article 12 
 
(1)   The designer or his succ essor in title is entitled to initiate  the procedure and to acquire 
industrial design rights in accordance with this Act.   
 (2)   If the designer is not the industrial design a pplicant, the applicant sha ll be deemed the person 
entitled pursuant to paragraph (1) of this Article, until proven to the contrary.   
 (3)   If the design was created on the basis of a commission contract, the right to initiate the 
procedure and to acquire industrial design rights shall vest in the commissioner of the design, 
unless otherwise specified by contract.   
 
(4)   If the design was created by an employee in the execution of his duties or following the 
instructions given by his employer, the right to  initiate the procedure and to acquire industrial 
design rights shall vest in the employer, unless otherwise specified by contract.   
 (5)   If the design was created by the joint efforts of  several designers, the right to that design shall 
vest in them, i.e. their successors  in title, jointly, and they sha ll all be deemed entitled persons 
pursuant to paragraph (1) of this Article.   
  IP/N/1/HRV/D/4 
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  (6)   The share of the designer in a jointly creat ed design shall be determined in proportion to each 
of the designers' actual contribution in creating the design, unless otherwise specified by contract.   
 (7)   If the shares of the designers are not specified or cannot be determined pursuant to 
paragraph (6) of this Article, th ey shall be deemed equal.   
 
EQUAL STATUS OF PERSONS ENTITLED TO HOLD INDUSTRIAL DESIGNS 
Article 13 
 Foreign legal and natural persons not having a principle place of business, i.e. a domicile or a habitual 
residence on the territory of the Republic of Croatia sh all enjoy protection provided for by this Act, if 
it results from international treaties binding the Repub lic of Croatia or from the application of the 
principle of reciprocity.     
 
IV. ACQUISITION, SCOPE AND TERM OF INDUSTRIAL DESIGN PROTECTION 
 
ACQUISITION OF INDUSTRIAL DESIGN 
Article 14 
 (1)   An industrial design shall be acquired by th e decision on registration of an industrial design 
and by its entry in the register.   
 (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.   
 
SCOPE OF PROTECTION 
Article 15 
 
(1)   The scope of the protection conferred by an  industrial design shall include any design that 
does not produce a different overall impression on the informed user.   
 
(2)   In assessing the scope of protection, the de gree of freedom of the designer in developing his 
design shall be taken into consideration.   
 
TERM OF PROTECTION 
Article 16 
 
(1)   Industrial design protection shall last for a period of 5 years as from the date of filing of the 
industrial design application.   
 (2)   Industrial design protection may be renewed fo r periods of 5 years each, up to a total term of 
25 years from the date of filing of the application.   
 (3)   The industrial design holder seeking renewal of  protection shall submit to the Office a request 
for renewal of industrial design protection and shall pay the appropriate fee and procedural 
charges for the maintenance, and shall do so duri ng the final year of the term of protection or 
not later than 6 months after the expiry of the said term.   
 (4)   The new protection term shall begin on the da y of expiry of the previous protection term.   
 IP/N/1/HRV/D/4 
Page 10  
 
  (5)   The entry of the renewal of industrial d esign protection shall be published in the official 
gazette of the Office.   
 (6)   The information contained in the request fo r renewal of industrial design protection shall be 
provided for in the Regulations for the implementa tion of this Act (hereinafter referred to as: 
the Regulations).   
  
V. EXCLUSIVE RIGHTS CONFERRED BY THE 
INDUSTRIAL DESIGN 
 
EXCLUSIVE RIGHTS 
Article 17 
 
(1)   The industrial design holder shall have the ex clusive right to use the registered design and to 
prevent any third party not having his authorization from using it.   
 (2)   Use, within the meaning of paragraph (1) of this Article, shall c over, in particular, the 
making, offering, putting on the market, importi ng, exporting or using of a product in which 
the design is incorporated or to which it is a pplied, or stocking such a product for the above 
purposes.   
 
(3)   If the publication of a registered industrial d esign is deferred within the meaning of Article 36 
of this Act, for the duration of the deferment, the holder shall have the right to prevent third 
parties from taking the actions referred to in pa ragraph (2) of this Article only if such use 
results from copying of the registered design.   
 
LIMITATION OF EXCLUSIVE RIGHTS 
CONFERRED BY AN INDUSTRIAL 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 purposes,    2.  Acts done for experimental purposes or    
3.  Acts of reproduction for the purpose of maki ng citations or of teaching, provided that 
such acts are compatible with fair trade practice and do not unduly prejudice the normal use of the design, and that mention is made of the source.   
 (2)   In addition to the acts set out in paragraph (1 ) of this Article, the exclusive rights conferred by 
an industrial design following its registration shall not be exercised in respect of:   
 
1.  The equipment on ships and aircrafts re gistered in a third country when these 
temporarily enter the territory (maritime zone) of the Republic of Croatia,   
 2.  The import of spare parts and accessories in to the Republic of Croatia for the purpose 
of repairing such ships and aircrafts,   
  3.  The execution of repairs on such ships and aircrafts.   
  IP/N/1/HRV/D/4 
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  PRIOR USE 
Article 19 
 
(1)   A right of prior use shall exist for any thir d person who can prove that, before the date of 
filing of the industrial design application, 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 
protection of a registered design in the territo ry of the Republic of Croatia, or has made 
serious and effective preparations 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 th ird person to exploit the design for the purposes for 
which its use had been effected, or for which serious and effective preparations had been 
made, before the filing date of an industrial d esign application or before the date of granted 
priority, if priority is claimed.   
 
(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 except, where the third person is an entrepreneur, 
along with that part of the undertaking in the course of which the act was done or the preparations were made, within the meani ng of paragraph (1) of this Article.   
 
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 design or with his consent.   
 (2)   The exhaustion of the rights referred to in paragraph (1) of this Artic le may also be extended 
to the territory outside of the Republic of Croa tia, if so stipulated in International 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 regulations relating to trade marks 
or other distinctive signs, patents and regulations governing civil liability and unfair competition.   
  
RELATIONSHIP TO COPYRIGHT 
Article 22 
 
A design protected by an industrial design shall also be eligible for copyright protection from the date 
on which the design was created or fixed in any form , if it meets the requirements stipulated by the 
law regulating copyright and related rights.   
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  VII. INDUSTRIAL DESIGN REGISTRATION PROCEDURE 
 
THE OFFICE AUTHORITY 
Article 23 
 (1)   Administrative tasks related to the registrati on of an industrial design shall be carried out by 
the State Intellectual Property Office (hereinafter referred to as: the Office)   
 (2)  An appeal cannot be launched against admini strative decisions adopted by the Office, but an 
administrative dispute may be initiated.   
 
INITIATION OF THE INDUSTRIAL DESIGN REGISTRATION PROCEDURE 
Article 24 
 
The procedure for the registration of an industria l design shall be initiated by filing an industrial 
design application to the Office.   
  
CONTENTS OF AN INDUSTRIAL DESIGN APPLICATION 
Article 25 
 
(1)    An industrial design application shall contain:   
 
1.  A request for industrial design registration,    2.  Information identifying the applicant,     
3.  A representation of the design suita ble 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 mean ing of Article 36 of this Act, the 
representation of the design may be replaced by a specimen.   
 (2)   The industrial design application shall further contain:   
 
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. Information identifying the duly authorised representative with power of attorney if 
the applicant has appointed one,   
 3.  Information identifying the common repr esentative, if a joint application has been 
filed,   
 (3)   The industrial design application may contain:   
 
1.   A description explaining in more detail the representation or the specimen,    2.   A request for deferment of publication of  the registered industrial design within the 
meaning of Article 36 of this Act,   
 
3.   The classification of the product (indication of the class) in which the design is 
intended to be incorporated or to which it is intended to be applied, in accordance 
with the Locarno Agreement Establishing an International Classification for Industrial Designs (hereinafter referred to  as: the International Classification),    IP/N/1/HRV/D/4 
 Page 13 
 
 
  4.  Information identifying the designer or d esigners or a statement that the designer or 
designers do not want to be cited,   
 5.  Information and evidence of the priority re ferred to in Article 29 or Article 30 of this 
Act.   
 
(4)   The elements that an industrial design app lication should, i.e. may contain are regulated in 
more detail by the Regulations.   
 (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 sh all not affect the scope of protection of the 
design as such.   
 
MULTIPLE INDUSTRIAL DESIGN APPLICATION 
Article 26 
 
(1)   If the industrial design application contains a request for the registration of several designs 
(hereinafter referred to as: multiple applicati on), all the products in which the design is 
intended to be incorporated or to which it is intended to be applied must belong to the same 
class of the International Classification for Industrial Designs.   
 
(2)   The total number of designs for which protec tion is sought shall be indicated in the multiple 
application.   
 (3)   Each of the designs contained in a multiple application, as well as after their registration, may 
be dealt with separately from the others for the purpose of applying the provisions of this Act. 
A design may in particular, separately from the ot hers, be enforced, licensed, be the subject of 
a right in rem, levy of execution or bankruptcy proceedings, be surrendered, renewed or transferred, be the subject of deferred publication or be declared invalid.   
 
DIVISION OF A MULTIPLE APPLICATION 
Article 27 
 
(1)   The applicant may divide a multiple applica tion into two or more applications in such a 
manner that each refers to one or more product designs.   
 (2)   An application separated from  a multiple application shall retain  the priority right of the latter 
application.   
 (3)   Further requirements for the dividing of a multiple application shall be regulated by the 
Regulations.   
 
PRIORITY 
Article 28 
 
The applicant whose industrial design application has the earlier filing date has the right of priority 
over any other applicant filing late r an industrial design application for the identical design.   
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  UNION PRIORITY RIGHT 
Article 29 
 
(1)   If the applicant has filed an industrial d esign application for the first time in any of the 
Member States of the International Union established by the Paris Convention for the 
Protection of Industrial Property (hereinafter re ferred to as: the Paris Union), or the World 
Trade Organisation, he may invoke, when filing the application for the same industrial design 
in the Republic of Croatia, the date of the first filing, on condition that the application in the 
Republic of Croatia be filed with in 6 months from that date.   
 
(2)   In the application he is filing to the Offi ce, the applicant invoking the union right of priority 
shall indicate relevant information pertaining to  the application invoked (state, application 
date and number) and not later than within 3 m onths from the date of filing the application to 
the Office, shall submit a true copy of the firs t 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 Croatian language.   
 (3)   If the applicant does not meet the requirements set out in paragraph (2) of this Article, priority 
shall be deemed not to have been claimed.   
 
EXHIBITION PRIORITY RIGHT 
Article 30 
 
(1)   If an applicant has displayed products in wh ich the design is incorporated, or to which the 
design is applied, at an official or offici ally recognised international exhibition in the 
Republic of Croatia or in some other Member State of the Paris Union or the World Trade 
Organisation, he may request that the date of the first day of the exhibition of such products 
be accorded as the date of the first application, if he files the application in the Republic of 
Croatia within a period of 6 months from such date.   
 (2)   An applicant invoking the exhibition priority right, shall, alongside the application filed to the 
Office, file a certificate issued by the competen t authority of the Member State of the Paris 
Union or the World Trade Organisation, contai ning information concerning the type of the 
exhibition, venue, dates of opening and clos ing of the exhibition and the first day of 
exhibiting the products cited in the applicati on, and evidence that the product design which 
was exhibited is identical to the one cited in the application.   
 
(3)   If the applicant does not meet the requirements set out in paragraph (2) of this Article, priority 
shall 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 applica tion, the Office shall examine whether the 
application meets the requirements for according a filing date referred to in Article 25 
paragraph (1) of this Act.   
 (2)   If the application does not meet the require ments for according a filing date, the Office shall 
invite the applicant to remedy the found deficien cies, within 60 days from the date of receipt 
of the notification.   
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  (3)   If the deficiencies are remedied within th e set time limit, in accordance with the invitation 
referred to in paragraph (2) of this Article, the Office shall accord, as the date of filing, the 
date on which the deficiencies were remedied.   
 (4)  If the industrial design applicant does not act  according to the invitation and does not remedy 
all the found deficiencies within the prescribed time  limit, the application shall be rejected in 
a decision.   
 (5)   After according the filing date of the appli cation, the Office shall invite the applicant who has 
not submitted evidence of having paid the administ rative fee and procedural charges, to do so 
within 15 days from the day of receipt of the invitation.   
 (6)   If the industrial design applicant does not act  according to the invitation of the Office referred 
to in paragraph (5) of this Article, the app lication shall be rejected by decision.   
 
FORMAL EXAMINATION OF THE INDUSTRIAL DESIGN APPLICATION  
WITH AN ACCORDED DATE OF FILING 
Article 32 
 
(1)   By a formal examination of the industria l design application, the Office shall establish 
whether the application complies with the require ments set out in Article 25 paragraph (2) of 
this Act, i.e. the requirements set out in Article  26 and Article 27 of this Act, if a multiple 
application has been filed.   
 (2)   If the industrial design application does not comply with the requirements set out in 
paragraph (1) of this Article, the Office shall i nvite the applicant to remedy the application 
within 60 days.   
 (3)   Upon request of the industrial design applican t, the time limit referred to in paragraph (2) of 
this Article may be extended for a maximum of 60 days.   
 (4)   If the industrial design applicant does not act according to the invitation of the Office and 
fails to remedy the application within the time limit set, the application 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 registration of an industrial design:    
1.  If the design does not meet the requirements set out in Article 2 item 1 of this Act, by 
application of Article 9 item 1 of this Act,   
 
2.  If the design does not meet the requirements set out in Article 8 of this Act, by 
application of Article 9 item 2 of this Act,   
 3.  On the grounds indicated in Article 9 item 7 of this Act.   
 
(2)   The Office may issue a decision on a partial refusal of the industrial design registration on the 
grounds indicated in paragraph (1) item 2 and 3 of this Article, if the design meets the 
requirements for registration in that form and if the identity of the design is retained.   
 IP/N/1/HRV/D/4 
Page 16  
 
  (3)   The decision on refusal of the industrial desi gn registration may not be issued if the applicant 
has not been previously informed, in writing, of the grounds for refusal and invited to withdraw the application or to give his observations on the grounds for the refusal of 
registration.   
 
(4)   The industrial design applicant shall have th e right to give his observations on the grounds for 
the refusal of registration, within 60 days from the day of receiving written notification referred to in paragraph (3) of this Article,  and submit evidence of possible 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 maximum of 60 days.   
 
DECISION ON THE REGISTRATION 
OF AN INDUSTRIAL DESIGN 
Article 34 
 
If the product design is not excluded from protection pur suant to Article 33 paragraph (1) of this Act 
and if the procedural charges of the maintenance for the first 5-year period of industrial design 
protection has been paid, the Office shall issue a deci sion on the registration of the industrial design 
and enter the industrial design in the register.   
  
INDUSTRIAL DESIGN PUBLICATION 
Article 35 
 
(1)   Information on an industrial design shall be published in the official gazette of the Office not 
later than within 3 months from the date of en try of the industrial design in the register.   
 (2)   The information published in the official gazette of the Office shall be regulated by the 
Regulations.   
  
DEFERMENT OF PUBLICATION OF 
AN INDUSTRIAL DESIGN 
Article 36 
 
(1)   When filing the application the applican t for an industrial design may request that the 
publication of the registered design be deferred for a period of 12 months from the date of 
filing the application and request to the Office or , if priority is claimed, from the date of 
granted priority.   
 (2)   If a deferment of publication of the industria l design is requested, the Office shall, in the 
manner prescribed by the Regulations, publish in its official gazette only a mention that the 
industrial design has been registered.   
 
(3)   In the case referred to in paragraph (1) of th is 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 photographic reproduction of the design from the application, as provided for in 
Article 25 paragraph (1) item 3 of this Act.   
 (4)   If the industrial design hold er fails to comply with the inv itation referred to in paragraph (3) 
of this Article or if the procedural charges for maintenance for the first 5 year period of  IP/N/1/HRV/D/4 
 Page 17 
 
 
  industrial design protection have not been paid, the industrial design shall be deemed from the 
outset not to have had legal effects.   
 (5)   In respect of a multiple application, paragr aph (1) and paragraph (3) of this Article may also 
apply only to certain designs included in that application.   
  
INDUSTRIAL DESIGN CERTIFICATE 
Article 37 
 
(1)   At the request of an industrial design holder and under the condition that the prescribed 
procedural charges for issuing an industrial d esign certificate has previously been paid, the 
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 industria l design certificate shall be regulated by the 
Regulations.   
  
VIII. CHANGES MADE TO AN INDUSTRIAL DESIGN 
 
ENTRY OF CHANGES 
Article 38 
 
(1)   At the request of an industrial design appli cant or an industrial design holder, the Office shall 
enter in the register all changes pertaining to a change of name 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 legal person, as 
well as other changes that occurred after the fili ng of the industrial design application or after 
the registration of an industrial design, under th e condition that they reflect the true state of 
things and do not affect the industrial design itself.   
 (2)   The changes entered in the industrial design re gister shall be published in the official gazette 
of the Office.   
 
(3)   The information contained in the request for the entry of changes referred to paragraph (1) of 
this Article shall be regulated by the Regulations.   
 
LICENSE 
Article 39 
 
(1)   An industrial design may be subject to a li cense in entirety or in part, and the license may be 
granted for the whole or part of the territory of the Republic of Croatia.   
 (2)   The licensing contract shall be drawn up in written form.   
 
(3)   A license may be exclusive or non-exclusive.    (4)   The industrial design holder may invoke the rights conferred by the industrial design against a 
licensee who contravenes any provision in his licen sing contract with regard to its duration, 
the form 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 manufactured.   IP/N/1/HRV/D/4 
Page 18  
 
  (5)   The holder of a non-exclusive license may initiate proceedings for infringement of an 
industrial design only with the consent of the industrial design right holder, unless otherwise 
provided for in his licensing contract.   
 (6)   If the industrial design holder, after receiving written notification from the holder of the 
exclusive license, informing him of infringement of the industrial design and of the time limit 
for initiating proceedings, does not himself initia te infringement proceedings within the set 
time limit, the holder of the exclusive licen se may himself initiate proceedings for the 
infringement of an industrial design, unless otherw ise provided for in his licensing contract.   
 
(7)   The licence shall be entered in the register at the request of the industrial design right holder 
or at the request of the licensee, under the cond ition that a certified copy of the licensing 
contract or a certified extract from the contract or the original certificate of the license grant 
signed by the licensor and the li censee, has been delivered to th e Office. (8) The license shall 
have effects vis-à-vis third parties after entry in the register.   
 
(8)   The entry of the license in the register shall be  published in the official gazette of the Office.   
 (9)   The information contained in the request fo r the entry of a license in the register shall be 
regulated 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 execution.    
(2)   At the request of one of the parties, the right s referred to in paragraph (1) of this Article shall 
be entered in the register.   
 (3)   The entry of the right in rem and levy of execution in the register shall be published in the 
official gazette of the Office.   
 
(4)   A right in rem and levy of execution shall have effects vis-à-vis third parties after entry 
thereof in the register.   
 (5)   The information contained in the request fo r the entry of a right in rem and levy of execution 
shall be regulated by the Regulations.   
 
BANKRUPTCY PROCEEDINGS 
Article 41 
 
When an industrial design is involved in bankrup tcy proceedings, at the request of the competent 
authority, an entry shall be made in the register a nd 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 application or their industrial design to  another person, in entirety or in part.   
 (2)   At the request of one of the parties, the tran sfer of rights shall be entered in the register, under 
the condition that a certified copy of the transfer of rights contract or a certified extract from  IP/N/1/HRV/D/4 
 Page 19 
 
 
  the contract or the original certificate of the tr ansfer of rights signed by both parties has been 
delivered to the 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 th e entry of transfer of rights in the register shall 
be regulated by the Regulations.   
 
 
IX. CEASING OF EFFECT AND INVALIDATION OF AN 
INDUSTRIAL DESIGN 
 
CEASING OF EFFECT OF AN INDUSTRIAL DESIGN 
Article 43 
 
(1)   An industrial design shall cease to have effect:    
1.  On expiry of the protection period re ferred to in Article 16 of this Act,   
 
2.  On the basis of a written declaration of the surrender of the industrial design by the 
holder, in which case the industrial design sh all 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 register, the surrender of the industrial design 
shall be entered in the register only if the industrial design holder provides evidence 
of having notified the licensee of his inten tion to surrender the industrial design.   
 (2)   The ceasing of effect of an industrial design shall be entered in the industrial design register 
and published in the official gazette of th e Office, in the manner prescribed by the 
Regulations.   
 
DECISION ON THE DECLARATION OF THE INDUSTRIAL DESIGN INVALID 
Article 44 
 
(1)   The procedure for declaring an industrial d esign invalid shall be carried out by the Office.   
 
(2)   The Office shall issue a decision on the decl aration of an industrial design invalid if it is 
established that the requirements for the registra tion of the industrial design, set out in this 
Act, had not been met.   
 (3)   An industrial design may be declared invalid  on the grounds referred to in Article 9 of this 
Act, during the protection period, as well as after ceasing of effect of the industrial design.   
 (4)   An industrial design may be declared partially  invalid 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 requirements for registration and if the identity of the design is retained.   
 
(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 acquisition of an industria l design under the provisions of this Act.   
 IP/N/1/HRV/D/4 
Page 20  
 
  (6)   The ground provided for in Article 9 item 4 of this Act may be invoked by: the person whose 
right has been infringed, the a pplicant, the Office ex offici o and the state attorney.   
 (7)   The grounds provided for in Article 9 items 5 and 6 of this Act may be invoked solely by the 
person whose right 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 O ffice ex officio and the state attorney.   
 (9)   Without prejudice to the provisions set out in paragraphs (5), (6), (7) and (8) of this Article, 
the request for a declaration of an industrial desi gn 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 industria l design invalid shall be submitted as stipulated by 
the Regulations.   
 
(11)   If an industrial design is declared invalid , all the legal effects conferred by the industrial 
design shall be invalid.   
 (12)   The declaration of an industrial design inva lid shall be entered in the industrial design register 
and published in the official gazette of the Office.   
 
 
X. COMMON PROVISIONS ON THE PROCEDURE BEFORE THE OFFICE 
 
OTHER REGULATIONS TO BE APPLIED IN PROCEDURE BEFORE THE OFFICE 
Article 45 
 
The General Administrative Procedure Act shall appl y to specific procedural issues 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 regulations.   
 
(2)   If the fees or procedural charges referred to  in paragraph (1) of this Article have not been 
paid, the application or request shall be reject ed, and in case the appropriate fees or charges 
for the renewal of protection of the industrial design have not been paid, the industrial design 
shall lapse.   
 
CERTIFICATE OF PRIORITY RIGHT 
Article 47 
 
The Office shall issue a certificate of priority right at the request of the industrial design applicant or 
the industrial design holder, and after payment of required fees and charges.     
REGISTERS 
Article 48 
 
(1)   The Office shall maintain an industrial design application register and an industrial design 
register.    IP/N/1/HRV/D/4 
 Page 21 
 
 
  (2)   The industrial design register shall be public, while the information from the application 
register shall not be available to the public.   
 (3)   At the request of an interested party, an d after the payment of the required fees and charges, 
the Office shall issue an extract and a printout from the industrial design register.   
 
(4)   The information entered in the registers refe rred to in paragraph (1) of this Article shall be 
regulated by this Act and by the Regulations.   
 
OFFICIAL GAZETTE OF THE OFFICE 
Article 49 
 
The Office shall issue an official gazette in wh ich it shall publish all the information for which 
publication is prescribed by this Act and by the Regulations.     
SEARCH 
Article 50 
 
At the request of an interested party, the Office shall provide the services comprising novelty searching of the registered industrial designs, ha ving effect in the Republic of Croatia.   
  
REPRESENTATION 
Article 51 
 
Foreign legal and natural persons not having a principle place of business, i.e. a domicile or a habitual 
residence in the Republic of Croatia may exercise th e rights under this Act in the procedures before 
the Office solely by way of representatives, which ar e, in accordance with special provisions, entered 
in the register of representatives, maintained by the Office.     
 
XI. INTERNATIONAL DEPOSIT OF INDUSTRIAL DESIGNS 
 
INTERNATIONAL DEPOSIT OF INDUSTRIAL DESIGNS 
Article 52 
 
(1)   The international deposit of industrial desi gns shall be carried out in accordance with the 
provisions of the Hague Agreement concerning  the International 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 amendments of 28 September1979, 
hereinafter referred to as "t he Hague Agreement".   
 (2)   The international deposit may be carried out directly at the International Bureau of the World 
Intellectual Property Organization.   
 
(3)   In accordance with Article 8 of the Hague Agreement, the provisions of this Act shall be 
applied mutatis mutandis  to requests filed in accordance with the provisions of the Hague 
Agreement, by which industrial design protection is sought in the Republic of Croatia, by way 
of derogation from Article 34 and Article  35 paragraph (1) of this Act.   
 
 IP/N/1/HRV/D/4 
Page 22  
 
  XII. CIVIL PROTECTION 
 
ACTIONS FOR INFRINGEMENT 
Article 53 
 (1)   The industrial design holder may, if his right s under Article 17 of this Act have been infringed 
or threatened to be infringed, institute legal ac tions before the competent court and request:   
 
1.  Establishment of the existence of the infringement of an industrial design,    
2.  Prohibition of the committed or intended infringement of an industrial design,   
 3.  Elimination of the condition caused by th e committed infringement of an industrial 
design, including the seizure and destruction of the infringing objects,   
 
4.  Compensation for damage,   
 5.  Publication of the court decision at the expense of the defendant,    6.  Utilization of the seized products.   
 
(2)   The proceedings following the action as defi ned in paragraph (1) of this Article shall be 
urgent.   
 (3)   In proceedings relating to the infringemen t of industrial design rights, the defendant may 
argue that the registered industrial design is not legally valid on the grounds referred to in 
Article 9 of this Act.   
 
STATUTE OF LIMITATIONS 
Article 54 
 
Actions for infringement of industrial design right s may be instituted within 3 years from acquiring 
knowledge of the act of infringement and the infri nger, and not later than 5 years from a committed 
infringement.     
PROVISIONAL MEASURES 
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 the court:    1.  The order of provisional measure prohib iting the acts which infringe the right of the 
industrial design holder,   
 
2.  Provisional seizure of objects unlawfully  containing, constitutin g or substantially 
imitating an industrial design or their exclusion from circulation.   
 3.  Measures aimed at providing evidence on the objects referred to in item 2 of this 
paragraph and measures aimed at safeguarding the existing state.   
 (2)   The industrial design holder may request the ordering of provisional measures even before 
instituting actions, under the condition that actions  be instituted within 20 work days or 31 
calendar days, depending on which term is longer.    IP/N/1/HRV/D/4 
 Page 23 
 
 
  (3)   If the industrial design holder does not ins titute actions within the term referred to 
paragraph (2) of this Article, the court may,  at the request of th e defendant, suspend 
proceedings or revoke the requested measures.   
 (4)   The court may, if necessary, order provis ional measures without hearing the person against 
which the measures are to be ordered, especially  in cases where any delay is likely to cause 
irreparable damage to the right holder or in cases where obvious danger of the evidence being 
destroyed exists.   
 (5)   To issues related to ordering of provisional measures not regulated by this Act, the relevant 
provisions of the Act on Execution shall apply.   
 
COMPENSATION FOR DAMAGE 
Article 56 
 (1)   The court may order the industrial design holder to pay compensation for damage, if it is 
proven that the requested measures referred to in  Article 55 paragraph (1) of this Act were 
without grounds.   
 (2)   The court may order the industrial design hol der to deposit an appropriate sum of money as a 
security for the person against which th e provisional measure is ordered.   
 
JUDICIAL GRANT AND TRANSFER OF RIGHTS 
Article 57 
 
(1)   If the industrial design application was f iled by an unauthorised person or the industrial 
design has been entered in the register under th e name of an unauthorised person, contrary to 
the provisions referred to Article 12 of this Act,  the authorised person may submit to the court 
a request for the grant of authorities based on the law and/or the transfer of pertaining rights, in entirety or in part, irrespectively of othe r rights and requests resulting from an industrial 
design.   
 
(2)   The authorised person referred to in pa ragraph (1) of this Article may initiate court 
proceedings within 3 years from the day of publication of the design registration, or, in case the court establishes that the unauthorised person has not acted in good faith, during the entire term of protection of the industrial design.   
 
(3)   If the court should make a final decision on th e grant and transfer of rights 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 changes in the register. If, pr ior to the grant of the rights referred to in this 
Article, the unauthorised holder of rights or th e license user have used the rights or made 
serious and effective preparations to use th e rights in good faith, they may be granted a 
nonexclusive license right within the term a nd under the conditions us ually required for the 
use of the right, if requested within 3 mont hs from the day of receiving notification from the 
Office after the entry of the new right holder.   
 (4)   The Office shall enter in the register th e facts established from the final court decision as 
communicated and the other changes referred to  in this Article and publish them in the 
official gazette of the Office.   
  IP/N/1/HRV/D/4 
Page 24  
 
  XIII. MISDEMEANOUR PROVISIONS 
 
MISDEMEANOURS 
Article 58 
 (1)   A legal person manufacturing, offering, puttin g on the market, importing, exporting or using a 
product containing somebody else's industrial d esign or to which somebody else's industrial 
design has been applied or stores such a pro duct for the stated purposes shall be fined for 
misdemeanours in the amount of HRK 20,000.00 to 100,000.00.   
 
(2)   A legal person using a license contrary to the provisions of the licensing contract or 
unlawfully usurping the title of the designer of an industrial design shall be fined for 
misdemeanours in the amount of HRK 20,000.00 to 100,000.00.   
 (3)   For misdemeanours 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 8,000.00.   
 (4)   For misdemeanours referred to in paragraphs (1 ) and (2) of this Article the responsible person 
within the legal person shall be fined in the amount of HRK 5,000.00 to 10,000.00.   
 (5)   The products manufactured or obtained by the commitment of misdemeanours referred to in 
paragraphs (1), (2), (3) and (4) of this Ar ticle, as well as the objects (tools and implements) 
predominantly used in order to manufacture th e goods infringing an industrial design, shall be 
seized and destroyed, whether or not they are the property of the perpetrator, and the final 
decision to that effect shall be issued by the judicial body.   
 
 
XIV. TRANSITIONAL AND FINAL PROVISIONS 
 
PENDING PROCEDURES 
Article 59 
 (1)   The procedures for the grant of an industria l design, pending on the day the application of this 
Act starts, shall be carried out in compliance w ith the provisions which were in force up to the 
day the application of this Act starts.   
 (2)   The holder of a model, a design or an indus trial design the validity of which has not ceased up 
to the day this Act enters into force, may request a renewal of protection under the same 
conditions and with the same rights as the holders of  industrial designs pursuant to this Act.   
 (3)   In the case referred to in paragraph (2) of th is Article, the Office shall give the name of an 
"industrial design" to the model, design or i ndustrial design for which protection is being 
renewed, enter it into the industrial design regi ster and publish the renewal of protection in 
the official gazette of the Office.   
 (4)   The procedures relating to the infringement of  the rights conferred by an industrial design or 
those relating to the infringement of the rights conferred by an industrial design application, 
as well as the procedures relating to the declar ation of the decision on the grant of an 
industrial design invalid, pending on the day the application of this Act starts, shall be 
completed under the regulations which were in fo rce until the day the application of this Act 
starts.   
   IP/N/1/HRV/D/4 
 Page 25 
 
 
  CEASING OF THE VALIDITY OF OTHER PROVISIONS 
Article 60 
 
On the day the application of this Act starts th e provisions of the Industrial Design Act (Official 
Gazette 78/99 and 127/99) shall cease to be valid, w ith the exception of the provisions concerning the 
representation referred to in Article 57 of the said Act, which shall apply up to the adoption of a 
special act.     
REGULATIONS 
Article 61 
 
The Regulations regulating in more detail the issues referred to in Article 16 pa ragraph (6), Article 25 
paragraph (4), Article 27 paragraph (3), Article 35 paragraph (2), Artic le 36 paragraph (2), Article 37 
paragraph (2), Article 38 paragraph (3), Article 39 paragraph (10), Ar ticle 40 paragraph (5), Article 42 
paragraph (5), Article 43 paragraph (2), Article  44 paragraph (10), Artic le 48 paragraph (4) and 
Article 49 of this Act, shall be adopted by the mini ster responsible for the 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 sh all apply from the day of entry into force of the 
Hague Agreement for the Republic of Croatia.     
ENTRY INTO FORCE AND APPLICATION OF THIS ACT 
Article 63 
 
This Act shall enter into force on the eighth day foll owing the day of its publication in the Official 
Gazette, and shall apply from 1 January 2004.   IP/N/1/HRV/D/4 
 Page 27 
 
 
  THE ACT AMENDING AND SUPPLEMENTING  
THE INDUSTRIAL DESIGN ACT* 
 
 
Article 1 
 
In the Industrial Design Act (Official Gazette No. 173/03), in Article 1, the word "invalidation" is 
replaced by words "declaring null and void", and the word "deposit", is replaced by the word 
"registration".     
Article 2 
 
In Article 6, paragraph 1, subparagraph 2, the wo rds "The Republic of Croatia" are replaced by the 
words "the European Union".     
Article 3 
 
In Article 7, paragraph 1, subpara graph 2 the word "with" is added following the word "connected".   
  
Article 4 
 In Article 9, subparagraph 7 the word "improper"  is replaced by the word "unauthorised".   
  
Article 5 
 
Article 20 is amended to read:   
 
"The placing on the market in the territory of the Republic of Croatia, or following the accession of 
the Republic of Croatia to the European Union in th e territory of a European Union Member State or a 
Contracting State of the Agreement creating the European Economic Area, of a product embodying an 
industrial design by the holder of the exclusive right conferred by the protected topography or with his/her express authorization, shall exhaust for the territory of the Republic of Croatia, the exclusive 
rights conferred by the industrial desi gn in respect to that product."   
  
Article 6 
 
Article 23, paragraph 2 sha ll be amended to read:   
 
"(2) The administrative decisions issued by the O ffice 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 fee and pr ocedural charges have not been paid before the 
expiry of the appeal period, the appeal  shall not be considered as filed."   
 
Following paragraph 2, paragraphs 3 and 4 shall be added to read:   
 (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 second-instance administrative decisions rende red by the Board of Appeal may be challenged 
in an administrative dispute in accordance with the Administrative Disputes Act."   
  IP/N/1/HRV/D/4 
Page 28  
 
  Article 7 
 
In Article 32, paragraph 1 sh all be amended to read:   
 "(1) On the basis of a formal examination of the industrial design application, the Office shall 
establish whether the application complies with the requirements set out in Article 25, paragraphs 2 
and 4 of this Act, and the requirements 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 Industria l Design Act is amended to read:   
 "(1) At the request of an industrial design holder and under the condition that the prescribed 
procedural charges for issuing an industrial design certificate have already been paid, the Office shall 
issue a certificate to the industrial design holder, after the publication of the industrial design in the 
official gazette of the Office."     
Article 9 
 
In Article 39, paragraphs 5 and 6 shall be deleted.   
  
Article 10 
 
In Article 40, paragraph 2 sh all be amended to read:   
 
"(2) Upon the request of a lien creditor or a lien debt or a lien shall be entered in the register. The court 
levying the execution on its own motion shall promptly inform the Office of the execution levied upon a design for the purpose of its entry in the register."     
Article 11 
 Following Article 44, a new "Part Ten: THE COMM UNITY DESIGN" shall be added, as well as new 
articles 44a to 44g to read:    
"MEANING OF TERMS 
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 6/2002 on Community 
designs and its amendments;    
(b) a "Community design" is a registered and an un registered design as defined in Article 1, paragraph 
1 of the Regulation on Community designs;    (c) an "application for a Community design" is an application for registration of a Community design 
filed pursuant to the provisions of the Regulation on Community designs;   
 
(d) a "national design" is an industrial design acquired in the procedure before the Office in 
accordance with the provisions of this Act;     IP/N/1/HRV/D/4 
 Page 29 
 
 
  (e) a "national application for a design" is an appli cation for an industrial design filed with the Office 
in accordance with the provisions of this Act.    
EXTENSION OF EFFECTS OF A COMMUNITY DESIGN 
Article 44b 
 
The effects of applications for a Community desi gn filed and Community designs acquired before the 
date of accession of the Republic of Croatia to th e European Union shall extend to the Republic of 
Croatia.     
A COMMUNITY DESIGN AS AN EARLIER DESIGN 
Article 44c 
 Within the meaning of Articles 4, 5, 6 and 9 of this Act, a Community design shall be an earlier 
design in relation to the national design applicati ons filed, and national designs registered upon such 
applications after the accession of the Republic of Croatia to the European Union, unless otherwise 
provided by the law.     
FORWARDING AN APPLICATION FOR A COMMUNITY DESIGN 
Article 44d 
 
If an application for a Community design has been  filed to the Office pursuant to Article 35, 
paragraph 2 of the Regulation on Community designs, a fee and charges for forwarding shall be paid 
in accordance with special regulations.    
PROHIBITION OF USE OF A COMMUNITY DESIGN 
Article 44e 
 (1) If the use of a Community design referred to in Ar ticle 44b of this Act conflicts with the use of a 
national design acquired before the accession of the Re public of Croatia to the European Union, or 
acquired on a national design applica tion filed before the accession of the Republic of Croatia to the 
European Union, the holder of such national design may institute a legal action, claiming prohibition 
of the use in the Republic of Croatia of the Commun ity design, the effect of which is, in accordance 
with Article 44b of this Act, extended to the territo ry of the Republic of Croatia. The plaintiff has to 
prove that the Community design conflicts with his/her national design.    (2) If a Community design referred to in Article 44b of this Act could have been refused registration 
on any of the absolute grounds referred to in Article 9 of this Act, or could ha ve been invalidated on 
the grounds referred to in Article 9 of this Act befo re the accession of the Republic of Croatia to the 
European Union, the person having legal interest may institute a legal action claiming prohibition 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 Community design.    
PROTECTION OF A COMMUNITY DESIGN IN CASE OF INFRINGEMENT 
Article 44f 
 The provisions on the protection of a national d esign in case of infringement shall apply to the 
protection against infringement of a Community design.   
  IP/N/1/HRV/D/4 
Page 30  
 
  THE COURT COMPETENT FOR A COMMUNITY DESIGN 
Article 44g 
 (1) The Commercial Court in Zagreb shall be the Community Industrial Design Court of First 
Instance in the Republic of Croatia, within the me aning of the Regulation on Community designs.  
 
(2) The High Commercial Court shall be the Commun ity Industrial Design Court of Second Instance 
in the Republic of Croatia, within the meaning of the Regulation on Community designs."    
Article 12 
 
The present "Part Ten" shall become "Part Eleven".     
Article 13 
 The heading above Article 45 and Ar ticle 45 shall be deleted.   
  
Article 14 
 
In Article 46, paragraph 1 the words "and for fili ng 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 
"application".     
Article 15 
 
The present heading "Part Eleven" which r eads "INTERNATIONAL DEPOSIT OF INDUSTRIAL 
DESIGNS" shall be amended to read "INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS".     
Article 16 
 
The headings above Article 52 shall be ame nded to read: "INTERNAT IONAL REGISTRATION OF 
INDUSTRIAL DESIGN".    Article 52 shall be amended to read:   
 
"(1) The international registration of industrial d esigns shall be carried out in accordance with the 
provisions 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 complemented in 
Stockholm on 14 July 1967, with the amendments  of 28 September 1979 (Complementary Act of 
1967), and the Geneva Act of the Hague Agreement on the International Regi stration of Industrial 
Designs, adopted in Geneva on 2 July 1999 (the Geneva Act of 1999) (hereinafter: "the Hague 
Agreement") and the provisions of implementi ng regulations to the Hague Agreement.   
 (2) The applications for international registration of  industrial designs shall be filed directly to the 
International Bureau of the World Intellectual Pr operty Organization (hereinafter: the International 
Bureau).   
 (3) All the fees payable for the intern ational registration of industrial d esigns shall be paid directly to 
the International Bureau.     IP/N/1/HRV/D/4 
 Page 31 
 
 
  (4) In accordance with the provisions 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 requests for 
extension of the effects of the international regist ration to the Republic of Croatia with the exclusion 
of Article 34 and Article 35, pa ragraph 1 of this Act.   
  
Article 17 
 
Following Article 52 a new heading "Part Thirteen ": "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 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 52b 
 
In addition to the data which ever y written submission 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 AN APPEAL 
Article 52c 
 (1) The Boards of Appeal shall decide at the meetings, by majority vote.   
 (2) The Boards of Appeal shall make the decision on the basis of the parties' WRITTEN submissions, 
and, if they considers necessary or when a part y to the proceedings requests so, they may hold a 
hearing. The parties shall be informed of the hear ing not less than 10 days prior to its holding.  
  
THE BOARDS OF APPEAL 
Article 52d 
 
(1) The appeals referred to in article 52a of this Ac t shall be decided on by the Boards of Appeal in 
the field of industrial property.    IP/N/1/HRV/D/4 
Page 32  
 
  (2) The composition and constitution of the Board of App eal referred to in paragraph 1 of this Article 
shall be subject to the provisions of the Patent Act."    The present "Part Twelve" shall become "Part Fourteen".     
Article 18 
 
The headings above Article 53 shall be ame nded to read: "PERSONS ENTITLED TO CLAIM 
ENFORCEMENT OF THE RIGHTS".    
Article 53 shall be amended to read:   
 "(1) In addition to the right holder, or the person authorized by the rightholder in accordance with the 
general rules on attorney representation, the enforc ement of the rights conferred under this Act may 
be claimed also by the exclusive li censee to the extent to which it acquired the right to exploitation of 
the industrial design on the basis of a legal transaction or law."   
  
Article 19 
 
The headings above Article 54 shall be amende d to read: "CLAIM FOR DECLARATION OF AND 
CLAIM FOR TERMINATION OF THE INFRINGEMENT".   
 
Article 54 shall be amended to read:    "(1) The holder of an industrial design may institute  a legal action against a person who has infringed 
an industrial design by performing without authoriza tion any of the acts referred to in Article 17 of 
this Act, claiming declaration of infringement.   
 (2) The holder of an industrial design may institu te a legal action against a person who has infringed 
an industrial design by performing without authoriza tion any of the acts referred to in Article 17 of 
this Act, claiming termination of the infringeme nt and prohibition of such and similar future 
infringements.   
 
(3) The holder of an industrial design may institu te a legal action agains t a person who has by 
performing any of the acts without authorization, caused a serious threat that his industrial design might be infringed, claiming termination of the act s concerned and prohibition of the infringement of 
the industrial design.   
 
(4) The legal action referred to in pa ragraphs 1, 2 and 3 of this Article may also be instituted against a 
person who in the course of his/her business activ ity renders services used in the acts infringing an 
industrial design or from which infringement of an industrial design may follow."     
Article 20 
 
The headings above Article 55 shall be am ended to read: "CLAIM FOR SEIZURE AND 
DESTRUCTION OF ARTICLES".    Article 55 shall be amended to read:   
 
"(1) The holder of an industrial design may institute  a legal action against a person who has infringed 
an industrial design by performing without authoriza tion any of the acts referred to in Article 17 of 
this Act, claiming that the articles infringing the in dustrial design be removed from the market, seized 
or destroyed at the expense of that person.    IP/N/1/HRV/D/4 
 Page 33 
 
 
  (2) The court shall order the measures referred to in paragraph 1 of this Article at the expense of the 
defendant, unless there are special reasons for not deciding so.    (3) When ordering the measure referred to in paragrap h 1 of this Article, the court shall make sure that 
they are proportionate to the nature and seriousness of the infringement."   
  
Article 21 
 
The headings above Article 56 shall be am ended to read: "CLAIM FOR DAMAGES, USUAL 
COMPENSATION AND UNJUST ENRICHMENT".   
 
Article 56 shall 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 authorization any of the acts referred to in Article 17 of this Act, 
claiming compensation of damages pursuant to the ge neral rules on the legal redress laid down in the 
Obligations Act.    (2) The holder of an industrial design may institute a legal action against a person who has performed 
without authorization any of the acts referred to in Article 17 of this Act, claiming payment of 
remuneration in the amount that he/she would have cl aimed in the license agreement, if concluded.   
 
(3) The holder of an industrial design may take a legal action against a person who has infringed an 
industrial design by performing without authorization 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 or compensation of such  benefits pursuant to the general rules on unjust 
enrichment laid down in the Obligations Act.   
 (4) The claims referred to in paragraphs 1, 2 and 3 shall not be mutually excluding. When deciding on 
the claims filed cumulatively and referred to in pa ragraphs 1, 2 and 3, the court shall observe the 
general principles laid down in the Obligations Act.     
Article 22 
 
Following Article 56, Articles 56a to 56g are added to read:    
"CLAIM FOR PUBLICATION OF THE JUDGEMENT 
Article 56a 
 The holder of an industrial design may claim that the unappealable judgment, even if only partially 
upholding the claim for enforcement of the industr ial design in the case of infringement, is published 
in the means of public communication at the expense of the defendant. The court shall decide, within 
the limits of the claim, on th e 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 judgment shall be published, it shall order, w ithin the limits of the claim, that at least the 
dispositive part of it and, if necessary, the part of  the judgment specifying the infringement concerned 
and the person having comm itted it is published.   
  IP/N/1/HRV/D/4 
Page 34  
 
  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 regist ered industrial design is not legally valid on the 
grounds referred to in Article 9 of this Act.  
 
CLAIM FOR PROVISION OF INFORMATION 
Article 56c 
 
(1) The holder of an industrial design, who has ins tituted civil proceedings for the enforcement of an 
industrial design in case of infringement, may claim the provision of information on the origin and distribution channels of the goods infringing his/her industrial design.   (2) The claim referred to in Article 1 may be subm itted in the form of a legal action or a provisional 
measure against:   
 - a person who has been sued in the civil proceedings  referred to in paragraph 1 of this Article;   
 - a person who is within her/his business activities in possession of the goods suspected of infringing 
an industrial design;   
 
- a person who provides within her/his business  activities services suspected of infringing an 
industrial design;    - persons who provide within their business activ ities services used in th e activities suspected of 
infringing an industrial design;   
 - a person who is indicated by any of the mentioned persons as being involved in the manufacture or distribution of the goods or the provision of the ser vices suspected of infringing an industrial design;  
 (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 against whom the claim is directed  is also a defendant in the main legal action.   
 (4) The claim for information on the origin and distribution channels of the goods and services 
referred to in paragraph 1 of this Ar ticle may include in particular:   
 
- information on the names and addresses of the produ cers, distributors, suppliers and other previous 
holders of the goods and providers of the services,  respectively, as well as the intended wholesalers 
and retailers;    - information on the quantities produced, delivered, r eceived or ordered, as well as the price obtained 
for the goods or services concerned.   
 
(5) The person required to provide the information re ferred to in this Article may refuse to provide 
such information on the same grounds as those allowing the refusal of presenting evidence as a 
witness pursuant to the provisions of the Act on Ci vil Proceedings. If the person concerned refuses to 
provide information without justif ied reasons, he/she shall be res ponsible for the damage incurred, 
pursuant to the provisions of the Obligations Act.   
 (6) The provisions of this Article shall be w ithout prejudice to the provisions on the use of 
confidential information in civil and criminal pro ceedings, the provisions regulating the responsibility 
for misuse of the right to acquire information, and the provisions regulating the processing and  IP/N/1/HRV/D/4 
 Page 35 
 
 
  protection of personal data. (7) The provisions of this Article shall be without prejudice to the 
provisions of Articles 56f and 56e of this Act regulating the taking of evidence.     
PROVISIONAL MEASURES IN CASE OF INFRINGEMENT OF AN INDUSTRIAL DESIGN 
Article 56d 
 
(1) Upon the request of the holder of an industria l design who makes it likely that his/her industrial 
design has been infringed or threatened to be infri nged, the court may order any provisional measure 
aimed at termination or prevention of the infringement, and in particular:   
 
- order the opposing party to cease or desist from th e acts infringing the industrial design; the court 
may also issue such order against an intermediary whose services are being used by a third party to 
infringe an industrial design;    - order the seizure or removal from the market of the articles which are contrary to the law marked 
with the industrial design.   
 (2) Upon the request of the holder of an industrial design who makes it likely that his industrial design 
has been infringed on a commercial scale for the purpo se of acquiring economic benefit, and that such 
infringement has threatened to cause him irreparable or difficultly reparable harm, the court may, in 
addition to the provisional measures referred to in para graph 1 of this Article, order the seizure of the 
movable and immovable property of the opposing pa rty, which is not directly related to the 
infringement, including the freezing of his/her bank accounts and other assets.    (3) For the purpose of ordering and executing the pr ovisional measure referred to in paragraph 2 of 
this Article, the court may require from the opposing party or other relevant persons, the 
communication of the banking, financial and other ec onomic information, or access to other relevant 
information and documents. The court shall ensu re the protection of confidentiality of such 
information, and prohibit any misuse thereof.    (4) The provisional measure referred to in paragr aph 1 of this Article may be ordered without 
informing the opposing party thereof, if the appli cant for measures makes it likely that otherwise the 
provisional measure would not be effective, or that there is a demonstrable risk of irreparable or 
difficultly reparable harm of incurring. The provisi onal measure referred to in paragraph 2 of this 
Article may be ordered without informing the opposi ng party thereof, if the applicant for measures 
makes it likely that otherwise the provisional measure would not be effective, or that, taking into consideration the circumstances of the case, this would be necessary.   
 
(5) In the decision ordering a provisional measure the court shall specify the duration of such 
measure, and, if the measure has been ordered be fore the institution of a legal action, the period 
within which the applicant for measures shall ins titute 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.   
 
(6) The general provisions of the Execution Act shall a pply to matters, not regulated by this Article.   
 (7) The provisions of this Article shall be without  prejudice to the possibility of ordering provisional 
measures pursuant to other provisions of this Act and the provisions of the Execution Act.     IP/N/1/HRV/D/4 
Page 36  
 
  PROVISIONAL MEASURES PRESERVING THE EVIDENCE 
Article 56e 
 (1) Upon the request of the holder of an industrial design who makes it likely that his industrial design 
has been infringed or threatened to be infringed, and that there is a likelihood that evidence on the 
infringement concerned or threatened could not be taken or that it could subsequently become more 
difficult to take it, the court may order a provi sional measure for preserving the evidence.   
 (2) By the provisional measure referred to in paragr aph (1) of this Article, the court may order in 
particular:   
 
- preparation of a detailed description of the goods ma de likely of infringing an industrial design, with 
or without taking of samples;     - seizure of the goods made likely of infringing an industrial design;   
 
- seizure of the materials and implements used in  the production and distribution of the goods made 
likely of infringing an industrial design and the documents relating thereto.    (3) The provisional measure referred to in this Artic le may be ordered without informing the opposing 
party thereof, 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 measure the court shall specify the duration of the measure, 
and, if the measure has been ordered before the in stitution of a legal action, the period within which 
the applicant for measures shall institute a legal actio n 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 appl y to matters, not regulated by this Article.   
 (6) The provisions of this Article shall be without  prejudice to the possibility of ordering provisional 
measures comprising the preservation of evidence pursu ant to the provisions of the Civil Proceedings 
Act.  
  
OBTAINING EVIDENCE IN THE COURSE OF THE CIVIL PROCEEDINGS 
Article 56f 
 
(1) Where a party to the civil proceedings inv okes evidence claiming that it lies with the opposing 
party or under its control, the court shall invite  the opposing party to present such evidence within a 
specified time limit.    (2) Where the holder of an industrial design as a plain tiff in a legal action claims that the infringement 
of an industrial design has been committed on a commercial scale for the purpose of acquiring 
economic or commercial 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 part y or under its control, the court shall invite the 
opposing party to present such evidence within 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 control, the court may take ev idence to establish such a fact.   
 (4) The provisions of the Civil Pro ceedings 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.    IP/N/1/HRV/D/4 
 Page 37 
 
 
  (5) The court shall, taking into consideration a ll the circumstances of the case, decide at its own 
discretion, on the importance of the fact that the party having the evidence re fuse 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 paragraphs 1 and 2 a separate appeal shall not be 
allowed.  
  
EXPEDITIOUS PROCEEDINGS AND APPLICATION OF THE PROVISIONS OF OTHER ACTS 
Article 56g 
 
(1) A legal action concerning the infringement of an industrial design shall be subject to expeditious 
proceedings.    (2) The provisions of the Civil Proceedings 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 pa rties to the proceedings concerning the infringement 
of an industrial design, the Office or the Board of A ppeal shall subject a request for the declaration of 
the decision on the registration of an industrial design null and void, filed before or in the course of the civil action, to the expeditious proceedings. The court shall, taking into consideration the 
circumstances of the case, decide whether it shall stay the proceedings up to the final decision on the 
request for the declaration of the decision on the registration of an industrial design invalid."   
  
Article 23 
 
Present "Part Thirteen" shall become "Part Fifteen".   
  
Article 24 
 
In Article 58, paragraph 3 numbe r "8,000.00" shall be replaced by number "10,000.00".   
 Following paragraph 4, paragraph 5 shall be added to read:   
 
"(5) A natural person – a craftsman, or a self-e mployed person committing a misdemeanour referred 
to in paragraphs (1) and (2) 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 present paragraph 5, which shall become paragr aph 6, numbers "1, 2, 3 and 4" shall be replaced 
by numbers "1, 2, 3, 4 and 5".     
Article 25 
 
Present "Part Fourteen" shall become "Part Sixteen".   
  
TRANSITORY AND FINAL PROVISIONS 
Article 26 
 
(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 IP/N/1/HRV/D/4 
Page 38  
 
  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 27 
 
The proceedings for the enforcement of the industr ial design pending on the day this Act enters into 
force, shall be completed pursuant to the rules in fo rce before the entry into force of this Act.   
  
Article 28 
 
The Regulations referred to in Article 61 of  the Industrial Design Act (Official Gazette, 
number 173/03) shall be harmonised with the provisions  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 29 
 
This Act shall enter into force on the eight day fo llowing the day of its publication in the Official 
Gazette, except for Articles 2 and 11 on the day of accession of the Republic of Croatia in the 
European Union and Articles 6 and 17 which shall enter into force on 1 June 2008.    
  IP/N/1/HRV/D/4 
 Page 39 
 
 
  THE ACT ON AMENDMENTS TO TH E 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 
translated as "books" is deleted.    
Article 2 
 In Article 31, paragraphs (7) and (8) are 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 protection of which has been applied for.  
 
(8) On the request of the applicant for or  the holder of an industrial design, or ex officio , a correction 
may be made of the name or address of the appl icant for or the holder of an industrial design, 
respectively, a correction of errors of wording or  of copying, or of any other obvious mistakes, 
provided that such correction does not expand the subject matter, the protection of which has been applied for or which has been protected, respectively.    
Article 3 
 
After Article 38, a new heading and Article 38a are added to read:    
"CONTINUED PROCESSING 
Article 38a 
 (1) If the applicant for an industrial design registratio n or the holder of an industrial design has failed 
to comply with a time limit for an act in a procedur e before the Office, and that failure has the direct 
consequence of causing the loss of rights conferred by the industrial design application or industrial 
design, may file a request for the continued processing with respect to the industrial design 
application or industrial design. The Office shall au thorise the continued processing, provided that the 
applicant:   
1.  files a request for the continued pro cessing and performs all the omitted acts within 
the time limit, referred to in paragraph (2) of this Article, and  
 
2.  pays the administrative fee and procedural charges.  
 (2) A request for the continued processing may be f iled within two months from the day on which he 
learned about the legal consequences, referre d to in paragraph (1) of this Article.  
 
(3) If the omitted acts have not been performed within  the time limit referred to in paragraph (2) of 
this Article, or if the administrative fee and proced ural charges have not been paid, a request for the 
continued processing shall be deemed no t to be filed, and the conclusion to that effect shall be issued 
by the Office.   
(4) T A request for the continued processing shall not be  filed, if the failure to comply with concerns 
the time limit:   
1.   referred to in paragr aph (2) of this Article,  
 IP/N/1/HRV/D/4 
Page 40  
 
  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 restitutio in in tegrum, pursuant to the provisions of the Act on 
General Administrative Proceedings,  
 6.   for all the acts in the procedures befo re the Office involving several parties.  
 
(5) If the Office complies with the requirement refe rred to in paragraph (1) of this Article, the 
consequences of having failed to comply with a tim e limit shall be deemed not to have occurred, and 
all the decisions and conclusions issued by the Office concerning the failure 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 application and a 
Community design shall be earlier designs with respect  to the national design applications as filed, 
and national designs as acquired on such applications  after the day of the acceptance of the Republic 
of Croatia as a full member to the European Union."    
Article 5 
 In Article 44.e, paragraph (2) is deleted.   
 
Article 6 
  
Article 51 is amended to read:   
"(1) Foreign legal and natural pe rsons not having a principle place of business, a domicile or a 
habitual residence in the Republic of Croatia, may ex ercise the rights under this Act in the procedures 
before the Office, through authorized representatives only.   (2) The general principles of representation and speci al conditions under which the persons referred to 
in paragraph (1) of this Act may exercise the right s under this Act, shall be regulated by special 
regulations."    
Article 7 
 
In Article 52, paragraph (5) is added to read:  
 
"(5) Having regard to the requirements laid down in  paragraph (4) of this Article, the time limit 
prescribed 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 notification on the refusal of protection."    
Article 8 
 
This Act shall enter into force on the eighth day fo llowing the day of its publication in the "Official 
Gazette".     IP/N/1/HRV/D/4 
 Page 41 
 
 
  ACT ON AMENDMENTS 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 "administrative decisions" ar e replaced by the word "decisions", and the last 
sentence is deleted.  
Paragraph (3) is deleted. 
 In the former paragraph (4), which becomes paragr aph (3), the words "administrative decisions" are 
replaced by the word "decisions".  
Article 2 
 
In Article 31, paragraph (2), the words "shall invite the applicant"  are replaced by the words "shall 
order the applicant by a conclusion", and the wo rd "notification" is replaced by the word 
"conclusion".  
In paragraph (3), the words "with the invitation"  are replaced by the words "with the conclusion". 
 In paragraph (4), the word "invitation" is replaced  by the word "conclusion", and the Croatian word 
translated as "in a decision" is replaced by anot her Croatian word translated as "by a decision". 
 
In paragraph (5), the words "shall invite the app licant" are replaced by the words "shall order the 
applicant by a conclusion", and the word "invi tation" is replaced by the word "conclusion". 
 In paragraph (6), the word "invitation" is replaced  by the word "conclusion", and the Croatian word 
translated as "by decision" is replaced by anothe r Croatian word translated as "by a decision". 
 
Article 3 
 
In Article 32 paragraph (2), the words "shall inv ite the applicant" are replaced by the words "shall 
order the applicant by a conclusion".  
In paragraph (4), the word "invitation" is replaced  by the word "conclusion", and the Croatian word 
translated as "by decision" is replaced by anothe r Croatian word translated as "by a decision". 
 In Article 36 paragraph (3), the words "invite the industrial design holder" are replaced by the words 
"order the industrial design holder by a conclusion", and the word "invitation" is replaced by the word 
"conclusion". 
 
In paragraph (4), the 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 with in the time limit referred to in paragraph (2) of 
this Article, a request for the continued pr ocessing shall be rejected by a decision." 
 IP/N/1/HRV/D/4 
Page 42  
 
  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 whole or part of the territory of the Republic of Croatia. 
 (2) A licensing contract shall be drawn up in writing.  (3) A license may be exclusive or non-exclusive. 
 
(4) The industrial design holder may invoke the righ ts conferred by the industrial design against a 
licensee who contravenes any provision in his licensing contract with regard to its duration, the form 
covered by the registration in which the design ma y be used, the range of products for which the 
license is granted, the territory in which the indust rial design may be used and the quality of products 
manufactured. 
 (5) The license shall be entered in the register at th e request of the industrial design right holder or at 
the request of the licensee, provided that an extract from the licensing contract 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 been filed 
with the Office. 
 (6) A license shall have effects against third parties after its entry in the register.  (7) The entry of a license in the register shall be  published in the official gazette of the Office. 
 
(8) The information to be contained in a request fo r the entry of a license in the register shall be 
prescribed by the Regulations.  
Article 7 
 In Article 40 paragraph (5), the words "and levy of execution" are deleted. 
 
Article 8 
 
In Article 46, paragraph (2) is deleted. 
 
Article 9 
 
After Article 51, headings and Artic les 51a and 51b are added to read: 
 
"CORRECTION OF ERRORS 
 
"(1) Where the entry in the register of an industr ial design or the publication of a registration of an 
industrial design contains a mistake attributable to the Office, the Office shall correct the mistake ex 
officio or on request of the party.  
(2) A request for the correction of a mistake referred to in paragraph (1) of this Article shall not be 
subject to payment of any fee or procedural charges.  (3) The Office shall publish the correction of mistak es made in accordance with this Article."  
  IP/N/1/HRV/D/4 
 Page 43 
 
 
  INITIATION OF A PROCEDURE 
Article 51b 
 (1) An application for the registration of an industria l design may be filed with the Office directly in 
writing, by post, or by electronic means. 
 
(2) Requests for the initiation of other procedures gove rned by this Act shall be filed with the Office 
directly in writing, or by post.  (3) The requirements and manner in which an applica tion for the registration of an industrial design 
and other requests for the initiation of procedures shall be communicated to the Office shall be 
prescribed by the Regulations.  
Article 10 
 In Article 52a, the Croatian word translated as "a  decision" in the appropriate grammatical number 
and case is replaced by another Croatian word tran slated as "a decision" in the appropriate 
grammatical number and case.  
Article 11 
 The Minister responsible for the work of the Office sh all, on a proposal given by the Director General 
of the Office, harmonize the Regulations referred to in Article 61 of the Industrial Design Act 
("Official Gazette" Nos. 173/03, 76/07 and 30/09) with the provisions 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 fo llowing the day of the publication thereof in the 
"Official Gazette".  
__________