WORLD TRADE  
ORGANIZATION  IP/C/W/117/Add.33 
7 September 2010 
 
 (10-4597) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE 
PROVISIONS OF THE SECTIO N OF THE TRIPS AGREEMENT 
ON GEOGRAPHICAL INDICATIONS 
 
Responses to the Checklist of Questions1 
 
Addendum  
 
CROATIA 
 
 The present document contains the responses to the Checklist of Questions which the 
Secretariat has received from the delegation of Croatia by means of a communication dated 
4 June 2010, and distributed as an advance copy  for the TRIPS Council meeting on 8 June 2010. 
 
_______________ 
 
 
I. SECTION A:  GENERAL 
1. Is protection for geographical indications provided through unfair competition law, 
e.g. passing off, false designation of origin; through a formal procedure for 
notification/registration before protection is ava ilable; or through both?  Does the recognition of 
a geographical indication require registration?  
 The protection for geographical indications is provided through special laws on the protection 
of geographical indications.  There is a formal pr ocedure for registration of geographical indications 
envisaged.  Protection accorded by these laws is  available only for registered geographical 
indications. 
  Since the provision on unfair competition contains a very broad definition by which unfair competition is considered among others "any sale of th e goods with indications or data or appearance 
that create or might create confusion regarding th e source, way of production, quantities, qualities or 
other characteristics of the goods" the protection of  geographical indication can also be provided 
through unfair competition law. 
 
2. Is there one single regime of protection of geographical indications for all products?  If 
not, identify the different regimes. 
 
 No, there are several different regimes of prot ection of geographical indications:  there is a 
general law which provides for the regimes of prot ection of geographical indications for all products 
and service, unless there has been a special regime  established for the protection of some of the 
products. 
                                                     
 
1 Documents IP/C/13 and IP/C/13/Add.1. IP/C/W/117/Add.33 
Page 2  
 
   Such special regimes have been established fo r the protection of geographical indication for 
agricultural products and foodstuffs and sep arately also for wines and spirits.  
 
3. Do(es) the regime(s) of protection of ge ographical indications also extend to services? 
 
 Yes, the general law provides for the protecti on of geographical indications for both products 
and services. 
 
4. What provisions of law or regulations a re directed to the recognition of geographical 
indications required by Article 22.2 and 23.1 of  the TRIPS Agreement?  Citations to laws 
should be provided and, if the texts of the laws have not been notified to the WTO, copies should 
be provided pursuant to Article 63.2. 
 
Trademarks Act of 2003 (OG 173/03, 76/07 and 30/09) 
Article 5 (1) The following shall not be registered. 
… 9.  signs for wines which contain or consist of geographical indication identifying wines and 
signs for spirits which contain or consist of geographical indication identifying spirits with 
respect to such wines or spirits not having that geographical origin 
11.  signs which contain or consist of designati ons of origin or geographical indications, in 
effect in the territory of the Republic of Croatia , if a request for the registration of a trademark 
has been filed after the filing date of a request for the registration of a designation of origin or 
a geographical indication within the scope provided  by legislation, by virtue of which such 
designations are registered, and which refer to the same type of products and services. 
 Act on Geographical Indications and Designations  of Origin of Products and Services of 
2003 (OG 173/03, 186/03 and 76/07) 
Article 16 
1. Registered designation of origin or geographi cal indication shall be protected against:   (…) 
 4.  any use of false or misleading informati on as regards the geographical origin, nature or 
quality of a product or a service on the packaging,  advertising material, or other documents 
suggesting a relation between the product or service and the protected name;  6.  any use of translation or tr ansliteration, even where a true origin of products and services is 
indicated, and any use of the protected name which is accompanied by a term: "style", "type", 
"manner", "according to process", "method", "p roduced in", "imitation" and the like; 
 7.  any other practice liable to mislead the public as to the geographical origin of a product or a service.  
Act on Geographical Indications, Designations of Origin and Traditional Specialities 
guaranteed of agricultural products and foods tuffs of 2008 (OG 84/08, 75/09 and 26/10) 
 
Article 14  
1.  Registered designation of origin or geographical indication shall be protected against: 
 
(a)  any direct or indirect commercial use of a registered name in respect of products not 
covered by the registration in so far as those products are comparable to the products registered under that name or in so far as us ing the name exploits the reputation of the 
protected name;  IP/C/W/117/Add.33 
 Page 3 
 
 
  (b) any misuse, imitation or evocation, even if  the true origin of the product is indicated 
or if the name of the designation of origin or geographical indication is translated or transliterated or accompanied by an expressi on such as "style", "type", "method", "as 
produced in", "imitation" or similar; 
 
(c) any other false or misleading indication as to the provenance, origin, nature or 
essential qualities of the product, on the inner or  outer packaging, advertising material 
or documents relating to the product concer ned, and the packing of the product in a 
container liable to convey a false impression as to its origin; 
 
(d) any other practice liable to mislead the consumer as to the true origin of the products. 
 
Act on Wine of 2003 (OG 96/03)  
Article 33 
Is it prohibited to use the designation of cont rolled geographical origin for wines which are 
not originating in the indicated geographi cal area or place where the desingation is 
traditionallly used even where:  - the true origin of wine is indicated  - the designation of controlled geographical origin is used in translation  - the designation is accompanied by expr essions such as "kind", "type", "style", 
"imitation", "process" or the like. 
 
Ordinance on spirit drinks of 2009 (OG 61/09 and 141/09) 
Article 16 
Without prejudice to Article 10, the geographical indications registered in Annex III shall be 
protected against:  
(a) any direct or indirect commercial use in respect of products not covered by the 
registration in so far as those products are comparable to the spirit drink registered 
under that geographical indication or insofar as  such use exploits the reputation of the 
registered geographical indication; 
 
(b) any misuse, imitation or evocation, even if  the true origin of the product is indicated 
or the geographical indication is used in translation or accompanied by an expression 
such as 'like', 'type', 'style', 'made', 'flavour' or any other similar term; 
 
(c) any other false or misleading indication as to the provenance, origin, nature or 
essential qualities on the description, presentation or labelling of the product, liable to 
convey a false impression as to its origin; 
 
(d) any other practice liable to mislead the consumer as to the true origin of the product. 
 
5. If the required recognition of geographical indications is not provided through statutes 
or regulations, please explain, in detail, th e mechanism or mechanisms through which the 
protection required is provided.  
 It is provided in the law. 
 IP/C/W/117/Add.33 
Page 4  
 
  6. Please provide a few examples of domest ic geographical indications protected in 
accordance with the means discussed above and indicate the means by which such protection is provided. 
 
 There are two geographical indications protect ed under the Act on Geographical Indications 
and Designations of Origin of Pr oducts and Services of 2003:  THE LACE OF PAG and THE LACE 
OF LEPOGLAVA.   Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs there is one protected geographical 
indication - Paška sol ili Paška morska sol (THE PASKA SALT or THE PASKA SEA SALT), and 
also there are five old registered products (Istarski pršut - ham, Drniski pršut - ham, Paški sir -cheese, 
Cetinski sir - cheese and Slavonski kulen-kulin – kind of dry sausage) in the procedure of the renewal 
of the registration.  
 There are several designations of controlled  geographical origin for wines protected.  
  There are six geographical indications for spirit drinks protected under the Ordinance on spirit drinks of 2009 :"Hrvatska loza", "Hrvatska travarica", "Hrvatska stara šljivovica", "Slavonska šljivovica", "Zadarski maraschino" and "Pelinkovac").  7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement provided for any other product?  If so, please specify such products and the 
law under which they are protected. 
 
 Yes, the higher level of protection is provide d for agricultural products and foodstuffs under 
the Act on Geographical Indications, Designations of  Origin and Traditional Specialities guaranteed 
of agricultural products and foodstuffs and for all other products and services under the cited 
provision of the Act on Geographical Indications and Designations of Origin of Products and 
Services. 
 
II. SECTION B:  DEFINITION AND CRITERIA FOR RECOGNITION 
8. How are geographical indications defined? 
 
 Under the law "designation of origin" means the name of a region, a specific place or, in exceptional cases, a country, used to describe a pro duct originating in that region, specific place or 
country, and the quality or characteristics of which are essentially or exclusively due to a particular 
geographical environment with its inherent natural and human factors, and the production, processing 
and preparation of which entirely take place in th e defined geographical area, whereas "geographical 
indication" means the name of a region, a specifi c place or, in exceptional cases, a country, used to 
describe a product originating in that region, sp ecific place or country, and which possesses a specific 
quality, reputation or other characteristics attributab le to that geographical origin, and the production 
and/or processing and/or preparation of which take place in the defined geographical area. 
 
9. Would such a definition comprise geographical indications identifying products of a 
certain quality or reputation which are indirectly linked to a specific region? 
 
 The definition comprises geographical indications  identifying products of a specific quality or 
reputation attributable to that geographical or igin.  The production and/or processing and/or 
preparation must take place in the defined area; ther efore products can be indirectly linked in some of 
these stages of production with the specific region.   IP/C/W/117/Add.33 
 Page 5 
 
 
  10. In determining whether recognition should be given a geographical indication, what 
criteria are considered? 
 
 It is considered whether the request is jus tified and whether all necessary requirements of the 
law and regulations are met. 
  
11. Is there any human creativity involved in the making of specific products under 
protection by the system of geographical indicati ons?  If so, how much?  And do these products 
involve any human factors? 
  Under the definition of "designation of origin" (see above under 8.) the quality and 
characteristics of a product have to be due excl usively or essentially to a particular geographical 
environment, including natural and human factors.   The human factor is largely involved in the 
specific manufacturing technology. What is the extent of the human creativity in terms of quantity is 
not available. 
 
12. Are there any other intellectual property righ ts involved, such as patents for example? 
 
 No. 
 
13. What authority, if any, may define the geographic region or area for which rights are 
claimed and on what basis is such definition made? 
 
 There is no authority that defines the geographi cal region or area.  This is defined in the 
specification which must be supplied together with th e application.  Another requirement is also that 
the specification contains a clear and detailed explanation of the link between the specific 
characteristics and the geographical area so defined which must satisfy the definition of a 
geographical indications/designation of origin.  
14. Does your legislation contain criteria for homonymous geographical indications for 
wines?  
 
 All homonymous geographical indications for wines that are registered by the competent 
authority enjoy protection.  There are no further crit eria for their protection contained in the relevant 
legislation.  
15. Does your national legislation provide for recognition and protection of geographical 
indications and appellations of origin of foreign countries? 
 
 Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003 foreign persons may apply for th e protection of geographical indications and 
designations of origin if they have been granted rights in the country of origin and if they comply with 
the requirements defined in that Act.  
 
 According to the Act on Geographical Indica tions, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs the registration and protection of the 
foreign designations of origin, geographical indications  in the Republic of Croatia can be realized on 
the basis of international (bilateral) agreement on mutual protection of registered designations of 
origin and geographical indications.  Indications which are not registered or have ceased to be valid in 
the country of origin may not be registered  and protected in the Republic of Croatia. 
 IP/C/W/117/Add.33 
Page 6  
 
  16. Is there any specific prohibition in the le gislation/regulations/rules/procedures covering 
geographical indications not protected in the countr y of origin?  If so, please specify the relevant 
statutory provisions. 
 
 As above, in answer to question 15.  
 
III. SECTION C:  PROCEDURE FOR RECOGNITION 
17. With respect to any formal system for rec ognition of geographical indications, must the 
applicant be a governmental organization or can a private entity own the rights to a geographical indication? 
 
 There is no requirement that the applican t must be a governmental organization.  The 
applicant may also be an association of producers and/or processors, whereas an individual producer, 
either a natural or legal person, can apply for pr otection only exceptionally if certain conditions are 
met, under the Act on Geographical Indications and D esignations of Origin of Products and Services 
of 2003 
  According to the Act on Geographical Indica tions, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs only a "group" may be the applicant. 
For the purposes of this Act "group" means any asso ciation, irrespective of its legal form or 
composition, of producers or processors working with  the same agricultural product or foodstuff.  In 
exceptional cases the applicant may also be indivi dual natural or legal person (producer or processor) 
if certain conditions are met. 
 
18. What are the competent authorities where the protection of a geographical indication 
can be obtained? 
 
 For the protection of geographical indications  for wines, spirits, agricultural products and 
foodstuffs it is the Ministry of Agriculture, Fish eries and Rural Development, and for all other 
products and services the State Intellectual Property Office. 
 
19. Do the procedures which lead to the recogn ition of a geographical indication take place 
ex officio or must they be based on th e initiative of an entity or person?  
 
 The procedure for registration must be initiated by an entitled applicant. 
 
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication?  
 For registration of a geographical indication be fore the State Intellectual Property Office fees 
in the amount of HRK 1550, which is approximately US$270, must be paid.    For registration of a geographical indica tions according to the Act on Geographical 
Indications, Designations of Origin and Traditiona l Specialities guaranteed of agricultural products 
and foodstuffs the fees in the amount of HRK 70,00,  which is approximately US$12, must be paid. 
 
21. If criteria must be set out in an applicat ion for recognition of a geographical indication, 
are those criteria purely geographic in nature? 
 
 No.   IP/C/W/117/Add.33 
 Page 7 
 
 
  22. What other criteria, if any, must be se t out in an application for recognition of a 
geographical indication? 
 
 The quality or characteristics of the product must be essentially or exclusively due to a particular geographical environment with its inherent  natural and human factors.  In that respect not 
only purely geographical criteria can be set out but also human factors of a particular geographical 
environment.  
23. What information must be supplied in an  application for rights in a geographical 
indication? 
 
 Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products a nd foodstuffs of 2008 the request for registration 
must include at least:  
(1) the name and address of the applicant group; 
(2) product specification; (3) a single document setting out the following: 
a. main points of the specification: the name , a description of the product, including 
where appropriate, specific rules concerni ng packaging and labeling, and a concise 
definition of the geographical area; 
b. the description of the link between the product and the geographical environment or 
geographical origin referred to in the lega l definition of the geographical indication 
and designation of origin, as the case ma y be including where appropriate, the 
specific elements of the product description or production method justifying the link. 
 
 The Ordinance on designations of origin a nd geographical indications for agricultural 
products and foodstuffs of 2009 also prescribe the other documents which must be submitted with 
application: 
 – a copy of the proof of registration of the group; – the statute of the group; 
– the contract or agreement between the group and the certification body concerning the 
drafting of the Control Plan referred to in Ar ticle 21, paragraph 3, of this Ordinance; 
– power of attorney of the person representi ng the applicant group (attested by a notary 
public); – a copy of the decision on the registration or approval of the production establishment, for 
each member of the group (in accordance with the Food Act, OG 46/07 and 155/08); 
– the product specification; – the agreement of the certification body to veri fy compliance with the product specification; 
– an analysis of the existing and planned production; – a proposal for an own-checks programme; – the single document. 
 
 Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003 it must include: 
 (1) a request for registration; 
(2) a specification; 
(3) evidence of the payment of fees; (4) power of attorney if the applicant is being represented; (5) signature. IP/C/W/117/Add.33 
Page 8  
 
   
 Under the Ordinance on spirit drinks (OG 61/09 and 141/09) the request for registration must 
contain:   – the data on the applicant group (the name and the address);  – the data on any member of the applicant group who is the producer or processor of the spirit 
for which the geographical indication is registered (the name, the address and the 
indentification number); 
 – signature.   And must be accompanied by: 
 – the technical file; 
 – excerpt from the court register;  – proof  that the spirit is produced  in accordance with the specification; 
 – proof that the product is produced on the geographical area claimed.  
 The technical file shall include at least the following main specifications: 
  (a) the name and category of the spirit drink including the geographical indication;  (b) a description of the spirit drink including  the principal physi cal, chemical and/or 
organoleptic characteristics of the product as well as the specific characteristics of the 
spirit drink as compared to the relevant category; 
 (c) the definition of the geographical area concerned; 
 (d) a description of the method for obtaining the spirit drink and, if appropriate, the authentic 
and unvarying local methods; 
 (e) the details bearing out the link with th e geographical environment or the geographical 
origin; 
 (f) any requirements laid down by Community and/or national and/or  regional provisions; 
 (g) the name and contact address of the applicant;  (h) any supplement to the geographical i ndication and/or any specific labelling rule, 
according to the relevant technical file. 
 
24. Must the goods or services with respect to wh ich a geographical indication is claimed be 
set out? 
 
Yes, in the specification. 
 
25. What mechanisms are provided to oppose th e recognition of a geographical indication? 
How is an investigation conducted after such a complaint? 
 
 Under the Ordinance on spirit drinks the request  for registration is published in the Official 
Gazette of the Republic of Croatia and any natural or  legal person that has a legitimate interest may 
file an opposition within 30 days from such publication.    Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003, after the publication of the app lication for registration (for other products and 
service in the Official Gazette of the State Intellect ual Property Office) any interested person may file 
an opposition within 3 months from such publication.   Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs after the publication of the application 
for registration in the Official Gazette of the Repub lic of Croatia any interested person may file an 
opposition (objection) within 3 months from such publication.  IP/C/W/117/Add.33 
 Page 9 
 
 
    Oppositions are decided upon the observations of  the parties by the competent authorities.  
 
26. Who can oppose the recognition of a geographical indication? 
 
 Any interested person may oppose to the registration of a geographical indication under the Act on Geographical Indications and Designations of Origin of Products and Services of 2003. 
  According to the Act on Geographical Indica tions, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and f oodstuffs in the procedure of the registration on 
the national level any natural or le gal person having a legitimate inter est and established or resident in 
the Republic of Croatia. 
  In Ordinance on spirit drinks any natural or le gal person that has a legitimate interest and has 
residence in Republic of Croatia.  27. If your national legislation provides for recognition and protection of geographical indications or appellations of origin of foreign countries, what is the procedure that has to be 
followed in order to obtain such reco gnition and consequent protection? 
 
 The same as the procedure prescribed for the protection of domestic geographical indications. In addition to what must be submitted in an ap plication, the evidence on the protection of a 
designation of origin or a geographical indication in its country of origin in the form of a true copy of 
a public document or other legal document in the o fficial language of the country of origin or a 
certified translation into the Croatia n language must also be submitted. 
  According to the Act on Geographical Indica tions, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs the registration and protection of the 
foreign designations of origin, geographical indications  in the Republic of Croatia can be realized on 
the basis of international (bilateral) agreement on mutual protection of registered designations of 
origin and geographical indications. Indications which are not registered or have ceased to be valid in 
the country of origin may not be registered  and protected in the Republic of Croatia. 
 
IV. SECTION D:  MAINTENANCE 
28. How long does recognition for a geographical indication continue? 
 
 The protection of geographical indication is not limited in time. 
 
29. If recognition of a geographical indicati on must be renewed or reaffirmed, what 
information must be provided in order to affect  such a renewal or reaffirmation?  Specify any 
fees involved in the renewal or reaffirmation. 
 
 Not applicable. 
 
30. Must a geographical indication be used in or der to maintain rights?  If so, how is such 
use determined? 
 
 There is no such requirement envisaged in the legislation. 
 
31. Is there a specified limit for non-use before rights in a geographical indication cease and, 
if so, what is that limit? 
 
 Not applicable. IP/C/W/117/Add.33 
Page 10  
 
   
32. Who monitors the use of geographical indication  to determine if the criteria identified in 
the application continue to be met? 
 
 Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs of 2008 the use is monitored by legal 
entities (not government entities) called certification bodies who are entitled to do so by the Minister of Agriculture, Fisheries and Rural Development.  Moreover, according to the mentioned Act the 
agricultural inspectors and food quality inspector s (Ministry of Agriculture, Fisheries and Rural 
Development) are involved in the m onitoring of geographical indications. 
 
 Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003 every authorised user in order to get that status which allows him to use the geographical indication must submit prove that he has entrusted an expert body to monitor the use of 
geographical indication on a regular basis. 
 
33. If a government entity is responsible for mo nitoring the use of geographical indications, 
what are its procedures for doing so? 
 
 Act on Geographical Indications, Designations  of Origin and Traditional Specialities 
guaranteed of agricultural products and foodstu ffs of 2008 prescribe the responsibilities of the 
agricultural inspectors and food quality inspectors: 
 Article 41 (1) Agricultural inspection and food quality inspection shall perform the following tasks: 
 
1. supervise the work of users of registered indi cations entered into the registers referred to in 
Article 11, paragraph 2 and Article  28, paragraph 2 of this Act, 
 2. take samples of agricultural products a nd foodstuffs with a view of verification of 
compliance with the specification, 
 3. temporary prohibit the use of a registered indication and marketing of agricultural products 
and foodstuffs with a protected indication which does not comply with the conditions 
indicated in the specification, for not longer than six months, 
 4. propose to the Ministry deleting the user from the registers referred to in Article 11, 
paragraph 2 and Article 28, paragraph 2 of this Act, 
 5. keep official evidence for the territory of  the county on breaches of the provisions of this 
Act and regulations issued on the basis thereof, 
 6. report to the competent state administration bodies on observed irregularities and request 
taking certain actions, if not authorised to act directly, 
 7. submit an indictment proposal for initiating misdemeanour proceedings for the breach of 
the provisions of this Act and regulations issued on the basis thereof, 
 8. take other measures and actions regulated by  this Act and regulations issued on the basis 
thereof. 
 
 Agricultural inspection and food quality insp ection shall perform the mentioned activities 
according to the annual control plan and in the cas e when the certification body verifies significant 
non-compliance with the specification.  34. Are there means by which interested parties may request termination of a geographical indication based on non-use or failure to mainta in the criteria identified in the application? 
Describe the procedure.   IP/C/W/117/Add.33 
 Page 11 
 
 
   Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs of 2008 it is possible to request 
cancellation of a registered geographical indicati on if it is found that the compliance with the 
conditions of the specification for a product covered by a registered geographical indication is no 
longer possible and cannot be ensured. 
 
 Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003 the request for cancellation may be  made if the conditions for the protection of a 
geographical indication did not exists or certain bars  for such registration existed or the applicant was 
not entitled to apply for such registration. 
 
35. Do the procedures which lead to forfeiture of a geographical indication take place ex 
officio or must they be based on the initiative of an entity or person? 
 
 Such procedures may be initiated either ex o fficio (under the Act on Geographical Indications 
and Designations of Origin of Pr oducts and Services of 2003 additionally also by the State Attorney) 
or by an interested person.   The procedure for cancellation of the geographical  indication may be initiated by the Ministry 
ex officio and any natural or legal person who have  a legitimate interest according to the Act on 
Geographical Indications, Designations of Orig in and Traditional Specialities guaranteed of 
agricultural products and foodstuffs of 2008. 
 
V. SECTION E:  SCOPE OF RIGHTS AND USE 
36. May anyone who meets the criteria submitted to obtain recognition of a geographical 
indication use that geographical indication after recognition is given or must additional criteria 
or procedures be followed by that  party before use is permitted? 
 
 To be entitled to use a geographical indica tion a person who meets the criteria of the 
specification must furthermore be registered as an  Authorized User according to the procedure 
regulated in law and regulation. 
 
37. Who makes the determination regarding use of a geographical indication by particular parties, the entity responsible for the recognitio n or the entity that obtained the recognition? 
 
 The entity responsible for the recognition decides on whether to register a person as an Authorized User or not. The Ministry of Ag riculture, Fisheries and Rural Development (for 
agricultural products and foodstuff and spirits) or the State Intellectual Property Office (for other 
products or services) is responsible for the registration of authorized users. 
 
38. Are there fees involved in receiving authorization to use a particular geographical indication and, if so, what are th ose fees and how are they established? 
 
 For registration of an authorized user of a geographical indication registered before the State 
Intellectual Property Office fees in the amount of  HRK 1500, which is approximately US$270, must 
be paid.  For registration of an authorized user of a geographical indication registered before the 
Ministry of Agriculture, Fisheries and Rural Deve lopment fees in the amount of HRK 70,00, which is 
approximately US$12, must be paid.  39. If there is a dispute regarding use of a ge ographical indication by a particular party, 
what procedures are followed to resolve it? 
 IP/C/W/117/Add.33 
Page 12  
 
   The right of use can be revoked according to the Act on Geographical Indications and 
Designations of Origin of Products and Services of 2003 by a decision of the State Intellectual Property Office ex officio or following a request of an interested party or the State Attorney. 
  Under the Act on Geographical Indications, Designations of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs of 2008 authorized  user can be deleted 
from the register, if the certification body inform  the Ministry about the significant non-compliance 
with specification and provisions of the law, following a decision by the Minister made upon a recommendation by an expert committee. 
 
 Under the Ordinance on spirit drinks an author ized user can be deleted from the register 
following a decision by the Minister made upon  a recommendation by an expert committee. 
 
40. Must individual authorized user of a geographical indication use that geographical indication continually to retain their right to use it and, if so, how is their use determined and 
how long will disuse be permitted? 
 
 Such obligation is not envisaged in the current legislation. 
 
41. If there is a dispute over continuity of u se by a particular party, how is it resolved? 
 
 Not applicable. 
 
42. Does the regime for protection of geographical indications allow geographical indications to be licensed, and, if so, what co nditions are imposed on such licenses? If such 
conditions are not met, what is the effect on the geographical indication? 
 
 Geographical indications cannot be the subject matter of a license agreement. 
 
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country? 
 
 There is no implementing provision in the legislation.  There were no cases relating to the 
grandfathered use from Article 24.4. reported.  
 
VI. SECTION F:  RELATIONSHIP TO TRADEMARKS 
44. What steps are taken to ensure that, in  recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?  
 If the registration of the name proposed woul d jeopardize the existence of an entirely or 
partially identical name or of a trademark or the existence of products which have been legally on the 
market for at least five years preceding the date of the publication of the geographical indications, 
such geographical indications can be opposed an d will not be registered following the Act on 
Geographical Indications, Designations of Orig in and Traditional Specialities guaranteed of 
agricultural products and foodstuffs of 2008.   Under the Act on Geographical Indications a nd Designations of Origin of Products and 
Services of 2003 an application for registration of a geographical indication can be opposed by a 
trademark owner if it is in its entirety or in part id entical with that trade name registered in good faith 
and if its protection would jeopardize the right of th at trade name or trademark, having regard to the 
actual likelihood of confusion. 
  IP/C/W/117/Add.33 
 Page 13 
 
 
  45. What steps are taken to ensure that, in  recognizing a geographical indication, the 
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired? 
 
 Under the Act on Geographical Indications , Designation of Origin and Traditional 
Specialities guaranteed of agricultural products and foodstuffs of 2008, a geog raphical indication shall 
not be registered if in the light of a trade mark 's reputation and renown a nd the length of time it has 
been used, registration is liable to mislead the consumer as to the true identity of the product. 
 
 Under the Ordinance on spirit drinks of 2009 a ge ographical indication shall not be registered 
where, in the light of a trademark's reputation and renown and the length of time it has been used in 
the Community, registration is liable to mislead the c onsumer as to the true identity of the product. 
 
 Trademark owner can under the Act on Geographi cal Indications and Designations of Origin 
of Products and Services of 2003 oppose the applicati on for registration of a geographical indication if 
the trademark has acquired special reputation and renown through prior continuous use, if the 
protection of a geographical indication may mislead the consumer as to the true origin of the product. 
 
46. What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark? 
 
 The principle of coexistence is envisaged in the following case:  a trademark the use of which 
would represent the infringement of a geographical  indication which has been applied for or 
registered in good faith before the date of filing of the application for registration of a geographical 
indication may continue to be used notwithstandi ng the registration of a geographical indication. 
 
VII. SECTION G:  ENFORCEMENT 
47. How are rights in the geographical indica tion enforced?  Are provisions available under 
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if 
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies. 
 
 The rights in the geographical indications are enforced through legal actions in the civil 
procedures.  Protection under unfair competition law is also available (as per answer under 
question1.). 
 
 Provisions relating to the infringement of a ge ographical indication are contained in the Act 
on Geographical Indications and Designations of Origin of Products and Services of 2003 and are 
applicable in relation to all geographical indicati ons registered (even those relating to agricultural 
products and foodstuffs, wines and spirits).  Tho se provisions indicate who is entitled to enforce a 
geographical indication and what is considered to be an infringement of geographical indications, and 
further regulate that in all other questions the prov isions of the Trademarks Act of 2003 (OG 173/03, 
76/07 and 30/09) concerning the civil en forcement of trademarks shall apply mutatis mutandis  to civil 
protection of goods and services.  
 Following are the relevant provisions of the Trademarks Act 
 
Article 76 
Claim for the establishment and termination of infringement  
 
1. The holder of a trade mark may ins titute a legal action against any person 
who has infringed a trade mark by performing without authorization any of the acts 
referred to in Article 7, paragraphs 2 and 3 of this Act, claiming establishment of the 
infringement. IP/C/W/117/Add.33 
Page 14  
 
   
2. The holder of a trade mark may ins titute a legal action against any person 
who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming termination of the 
infringement and prohibition of such and similar future infringements. 
 
3. The holder of a trade mark may ins titute a legal action against any person 
who has by performing any of the acts without authorization caused a serious threat that his trade mark might be infringed, cl aiming desistance from the act concerned and 
prohibition of the infringement of the trade mark. 
 
4. The claims referred to in paragraphs 1, 2 and 3 of this Article may also be 
made against a person who in the cour se of her/his economic activities renders 
services used in the acts infringing a trad e mark or threatening to infringe it. 
 
Article 77 
Claim for seizure and destruction of objects 
 
1. The holder of a trade mark may ins titute a legal action against any person 
who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming that the products 
infringing the trade mark be removed from the market, seized or destroyed at the 
expense of that person.  2. The court shall order the measures refe rred to in paragraph 1 of this Article 
against the defendant, unless there are special reasons for not deciding so. 
 
3. When ordering the measure referred to  in paragraph 1 of this Article, the 
court shall take due care that they are pr oportionate to the nature and seriousness of 
the infringement.  
Article 78 
Claim for damages, usual compensation and unfair profits  
 
1. The holder of a trade mark may take  a legal action against any person who 
has caused him damage by performing without  authorization any of the acts referred 
to in Article 7, paragraphs 2 and 3 of this Act, claiming damages pursuant to the 
general rules on the legal redress laid down in the Obligations Act.  
 2. The holder of a trade mark may ins titute a legal action against any person 
who has performed without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming payment of remuneration in the amount that 
he would have claimed, given the circumstances, in the license agreement, if 
concluded.  
 3. The holder of a trade mark may take  a legal action against any person who 
has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, para graphs 2 and 3 of this Act, without having basis for it in 
any legal transaction, court decision or the law, and has benefited from it, claiming 
the recovery or compensation of such bene fits pursuant to the general rules on unjust 
enrichment laid down in the Obligations Act.  IP/C/W/117/Add.33 
 Page 15 
 
 
   
4. The claims referred to in paragra phs 1, 2 and 3 shall not be mutually 
excluding.  When deciding on the claims referr ed to in paragraphs 1, 2 or 3, filed 
cumulatively, the court shall observe the general principles laid down in the Obligations Act. 
 
Article 79 
Claim for publication of the judgment 
 
 The holder of a trade mark may claim that the final judgment even partially 
upholding the claim for protection of the trade mark in the case of infringement is 
published in the means of public communicati on at the expense of the defendant.  
The court shall decide, within the limits  of the claim, on the means of public 
communication in which 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, within the limits of the claim, that at least the 
dispositive part of it and, if necessary, th e part of the judgment specifying the 
infringement concerned and the person,  having committed it, is published. 
 
Article 79a 
Claim for provision of information 
 
1. The holder of a trade mark who h as instituted civil proceedings for the 
protection of the trade mark in the case of infringement may claim the provision of information on the origin and distribution channels of the goods infringing his trade mark. 
 
2. The claim referred to in paragraph 1 may be made in the form of a legal 
action or a provisional measure against:  2.1. a person who has been sued in the ci vil proceedings referred to in paragraph 
1 of this Article; 
 
2.2. a person who is within her/his ec onomic activities in possession of the goods 
suspected of infringing a trade mark;  2.3. a person who provides, within her/his economic activities, services 
suspected of infringing a trade mark; 
 2.4. persons who provide, within their economic activities, services used in the 
activities suspected of infringing a trade mark;  2.5. 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 services 
suspected of infringing a trade mark;  3. The claim referred to in paragraph 1 may also be included in a gradual legal 
action as the first claim, provided that a person acting as a counter party to the 
defendant is also included in the main claim. 
 IP/C/W/117/Add.33 
Page 16  
 
  4. The claim for information on the origin of the goods and distribution 
channels of the goods and services referred to in paragraph 1 of  this Article may 
include in particular:   4.1. information on the names and addresses of the producers, distributors, 
suppliers and other previous  holders of the goods and pr oviders of the services, 
respectively, as well as the intended wholesalers and retailers;  4.2. information on the quantities produced , delivered, received or ordered, as 
well as the price obtained for the goods or services concerned. 
 
5. The person required to provide the in formation referred to in this Article 
may refuse to provide such information on  the same grounds as those allowing the 
refusal to present evidence as a witness pursuant to the provisions of the Act on Civil 
Proceedings.  If the person concerned re fuses to provide information without 
justified reasons, she/he shall be responsibl e for the damage incurred, pursuant to the 
provisions of the Obligations Act.  6. The provisions of this Article shall be without prejudice to the provisions on the manner of use of confidential informati on in civil and criminal proceedings, the 
provisions regulating the responsibility for misuse of the right to acquire 
information, and the provisions regulati ng the processing and protection of personal 
data.  7. The provisions of this Article shall be without prejudice to the provisions of Articles 79c and 79d of this Act regulating the taking of evidence. 
 
Article 79b 
Provisional measured due to infringement of a trade mark 
 
1. Upon the request of the holder of a trade mark who makes it likely that 
her/his trade mark has been infringed or th reatened to be infringed, the court may 
order any provisional measure comprising the termination or prevention of the 
infringement, and in particular:  1.1. order the opposing party to cease or desist from, the acts infringing a trade mark; the court may also issue such order against an intermediary whose services are 
being used by a third party to infringe a trade mark; 
 1.2. order the seizure or removal fro m the market of the goods unlawfully 
designated by a trade mark.  2. Upon the request of the holder of a trade mark who makes it likely that his 
trade mark has been infringed on a comme rcial scale for the purpose of acquiring 
commercial or economic benefit, and that su ch infringement has threatened to cause 
him irreparable damage, the court may, in addition to the provisional measures 
referred to in paragraph 1 of this Articl e, order the seizure of the movable and 
immovable property of the opposing party, not  directly related to the infringement, 
including the blocking of his bank accounts and other assets.  IP/C/W/117/Add.33 
 Page 17 
 
 
  3. For the purpose of ordering and enforc ing the provisional measure referred 
to in paragraph 2 of this Article, the court may require from the opposing party or 
other relevant persons dispos ing with it, the communication of the banking, financial 
and other economic information, or the access to other relevant information and 
documents.  The court shall ensure the protection of confidentiality of such 
information, and prohibit any misuse thereof. 
 4. The provisional measure referred to in  paragraph 1 of this Article may be 
ordered without informing the opposing party thereof, if the applicant for measures makes it likely that otherwise the provisional measure would not be effective, or that 
irreparable damage is threatened to occur.  The provisional measure referred to in 
paragraph 2 of this Article may be orde red without informing the opposing party 
thereof, if the applicant for measures ma kes it likely that otherwise the provisional 
measure would not be effective, or that, taking into consideration a very serious 
circumstances of the infringement, this would be necessary.  If a provisional measure 
is ordered without informing the opposing pa rty thereof, the court shall communicate 
a decision on the provisional measure to the opposing party, promptly upon its enforcement.  5. In the decision ordering a provisional measure the court shall specify the duration of such measure, and, if the measu re has been ordered before the institution 
of a legal action, the period, within which the applicant for measures shall institute a 
legal action to justify the measure, which shall not be less than 20 working days and 
not more than 31 calendar days, from the day of communication of the decision to the applicant for measures, whichever expires later.  
6. The provisions of the Execution Act shall apply to matters, not regulated by 
this Article.    7. The provisions of this Article shall be without prejudice to the possibility to order provisional measures pursuant to othe r provisions of this Act, and the 
provisions of the Execution Act. 
 
Article 79c 
Provisional measured comprising the preservation of evidence 
 
1. Upon the request of the holder of a trade mark who makes it likely that his 
trade mark has been infringed or threatened to be infringed, the court may order a 
provisional measure comprising the preservation of evidence.  2. By the provisional measure referred to  in paragraph 1 of this Article, the 
court may order in particular:  
2.1. preparation of a detailed description of the goods made likely to infringe a 
trade mark, with or without taking of samples;  2.2. seizure of the goods made likely to infringe a trade mark;  
2.3. seizure of the materials and im plements used in the production and 
distribution of the goods made likely to infringe a trade mark and the documentation relating thereto.  IP/C/W/117/Add.33 
Page 18  
 
  3. The provisional measure referred to in this Article may be ordered even 
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 damage of incurring. If a provisional measure is orde red without informing the opposing party 
thereof, the court shall communicate a deci sion on the provisional measure to the 
opposing party, promptly upon its enforcement. 
 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 institution 
of a legal action, the period, within which the applicant for measures shall institute a 
legal action to justify the measure, which shall not be less than 20 working days and 
not more than 31 calendar days, from the day of communication of the decision to the applicant for measures, whichever expires later.  5. The provisions of the Execution Act shall apply to matters, not regulated by 
this Article.  
 6. The provisions of this Article shall be without prejudice to the possibility of the court to order provisional measures comprising the preservation of evidence pursuant to the provisions of the Act on Civil Proceedings. 
 
Article 79d 
Taking of evidence in the course of the civil procedure 
 
1. Where a party to the civil proceedings invokes evidence claiming that it lies with the opposing party or under its control,  the court shall invite the opposing party 
to present such evidence with in a specified time limit. 
 2. Where the holder of a trade mark as a plaintiff in a legal action claims that the infringement of a trade mark has be en committed on a commercial scale for the 
purpose of acquiring commercial or economic  benefit, and has make it likely during 
the proceedings, and where he invokes in the proceedings banking, financial or 
similar economic documents, papers or the lik e evidence, claiming that they lie with 
the opposing party or under its control, th e court shall invite the opposing party to 
present such evidence within  a specified time limit. 
 3. Where the party, which is invite d to present evidence, denies that the 
evidence lies with it or under its control,  the court may take evidence to establish 
such a fact.  4. The provisions of the Act on Civil Proceedings relating to the right of refusal to present evidence as a witness shall apply mutatis  mutandis to the right of 
the party to refuse to present evidence. 
 
5. The court shall, taking into consider ation all the circumstances of the case, 
decide at its own discretion, on the importance of the fact that the party having the evidence refuses to comply with the court' s decision ordering it to present evidence, 
or denies, contrary to the court's opi nion, that the evidence lies with it. 
 
6. Against the decision of the court refe rred to in paragraphs 1 and 2 a separate 
appeal shall not be allowed.  
  IP/C/W/117/Add.33 
 Page 19 
 
 
  Article 79e 
Expeditious proceedings and applicati on of the provisions of other Acts 
 
1. A procedure concerning the infringement of the rights under this Act shall 
be expeditious. 
 
2. The provisions of the Act on Civil Proceedings, and the Execution Act, 
respectively, shall apply to the procedur es concerning the infringement of a trade 
mark. 
 
3. Upon the request of the court or any of the parties to the procedure 
concerning the infringement of a trade ma rk, the Office or the Board of Appeal, 
respectively, shall promptly accept a request  for the declaration of the decision on 
the registration of a trade mark invalid, filed before or during the civil action and 
shall subject it to the expeditious pro ceedings. The court shall, taking into 
consideration the circumstances of the case, decide whether it shall decide on the 
stay of proceedings up to the final decision on the request for the declaration of the decision on the registration of a trade mark invalid, or not. 
 
48. Who has the right to enforce a geographical indication? 
 
 Protection of the geographical indication may be claimed by a person who registered a 
geographical indication, authorized users of geogr aphical indications, associations in the field of 
industry and trade and the State Attorney.  
 
49. What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications?  Are there f ees involved, and, if so, what are those fees? 
 
 Four commercial courts (in Zagreb, Rije ka, Split and Osijek) ha ve exclusive court 
competence to solve all cases relating to the infringem ent of intellectual property rights.  Fees are 
depending on the value of the case in question indicated by the plaintiff. 
 
50. Must the public be notified of the existenc e of a geographical indication and, if so, how 
and how often? 
 
 Geographical indications for agricultural products, foodstuffs and wines are published in the Official Gazette of the Republic of Croatia and geographical indications for other products and 
services are publish in the Official Gazette of th e State Intellectual Property Office.  Geographical 
indications for spirits are contained in the addendum  of the Ordinance and as such published in the 
Official Gazette of the Republic of Croatia.  
51. Is unauthorized use of a geographical indicati on subject to criminal action and, if so, 
describe the procedures. If the law has not b een notified under Article 63.2 of the TRIPS 
Agreement, please provide a copy. 
 
 Unauthorized use of a geographical indication is a crime following Article 285 of the Criminal Act of 1997 (OG 110/97, 27/98, 50/00, 129/0 0, 51/01, 111/03, 190/03, 105/04, 84/05, 71/06, 
110/07 and 152/08) for which monetary fine or impr isonment of up to three years is prescribed.  The 
State Attorney shall initiate the criminal proce dure in the name of the Republic of Croatia.  
 IP/C/W/117/Add.33 
Page 20  
 
  VIII.  SECTION H:  INTERNATIONAL AGREEMENTS 
52. Is your government party to an internatio nal, including bilateral or plurilateral, 
agreement for the notification and/or registration of geographical indications?  If so, please 
name the international  agreement and explain the relationship between it and your national 
legislation? 
 
 Croatia is not a party to any such agreement. 
 
53. What other international agreements, if an y, have been entered into? What do those 
agreements provide? 
  No other international agreements that would relate to geographical indications have been 
entered into.   IP/C/W/117/Add.33 
 Page 21 
 
 
  Addendum  
 
Section A  
 Does your economy's industrial property law and/or  related law prevent the use of geographical 
indications identifying wines or spirits against pro ducts not originating in the place indicated by 
the geographical indication, even where the true  origin of the goods is indicated or the 
geographical indication is used in translation or accompanied by expressions such as "kind", 
"type", "style", "imitation" or the like? 
  Yes, see answer to question 4. 
 
Section B
 
 Is there a clear distinction among the terms "ge ographical indications", "appellations of origin" 
and "indications of source" in your economy's i ndustrial property law and/or related law, or 
are there any substantive criteria to distinguish these terms? 
 
 There is a clear distinction of the terms geogr aphical indications and designations of origin, 
which follows from the definition of these terms give n in the legislation (see answer to the question 
under (8)).  The term appellation of or igin is not used in legislation. 
 
Does your legislation contain criteria for homony mous geographical indications for wines and 
spirits?  
 See answer to question 14.  
Section C
 
 Does your economy's industrial property law a nd/or related law provide the refusal or 
invalidation of a trademark registration, which co nsist of or contains geographical indications 
identifying wines or spirits with respect to such wines or spirits not originating in the indicated 
territory?   
 Yes, see answer to question 4.   
__________