WORLD TRADE
ORGANIZATIONIP/N/1/HRV/1
29 October 2002
(02-5939)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
CROATIA
By means of communications from its Permanent Mission dated 14 February and 19, 20 and
26 April 2001, the following notification has been received from Croatia under Article 63.2 of the
Agreement.
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Pursuant to Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the procedures set forth in the Council for Trade-Related Aspects of Intellectual Property
Rights, the Government of the Republic of Croatia hereby notifies to the Council its laws and
regulations relating to the fields covered by the Agreement, as follows:
- The "main laws and regulations" are listed in Annex I.
- "Other laws and regulations" are listed in Annex II.
- Answers to the Checklist of Issues on Enforcement.1
                                                     
1 See document IP/N/6/HRV/1.IP/N/1/HRV/1
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
The Copyright Law was taken over from the
former Socialist Federal Republic of Yugoslavia
on 26 June 1991.
Entry into force:  8 October 1991.
The Official Gazette of the Republic of Croatia,No. 53/1991.
The Law was amended firstly in 1993 for the
purpose of the harmonisation with the
Constitution of the Republic of Croatia.  These
amendments of the Copyright Law were adopted
on 2 June 1993.Entry into force:  26 June 1993.
The Official Gazette of the Republic of Croatia,
No. 58/1993.
The consolidated text of the Copyright Law that
was taken over in 1991 and amended in 19932 has
been published in the Official Gazette of the
Republic of Croatia No. 9/1999.
The Copyright Law / Official Consolidated Text /
was amended for the second time in 19993 for the
purposes of the harmonisation with theAgreement on Trade-Related Aspects of
Intellectual Property Rights.  These amendments
were adopted on 30 June 1999.Entry into force:  27 July 1999.
The Official Gazette of the Republic of Croatia,
No. 76/1999.The Copyright Law regulates:
1. The rights of authors, in particular:
- protected works;
- contents of copyright - the economic and
moral rights;
- limitation on copyright;
- transfer of copyright;
term of copyright protection:
- administration of copyright;
- civil protection of copyright with
specified provisional measures that can
be ordered in the case of the infringementof the economic rights.
2. The rights of performers, in particular:
- the definition of performers;
- the exclusive rights, duration, transfer
and the civil protection of the economic
and moral rights of performers with
specified provisional measures that can
be ordered in the case of the infringement
of these rights;
- the rights of foreign performers.
3. The rights of producers of phonograms,
in particular:
- the definition of the producer of
phonogram;
- the exclusive rights, duration and the
civil protection of the rights of producers
of phonograms with provisional
measures that can be ordered in the caseof the infringement of their rights;
- the rights of foreign producers of
phonograms;
                                                     
2 See document IP/N/1/HRV/C/1.
3 See document IP/N/1/HRV/C/1/Add.1.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
4. the rights of broadcasting organisations,
in particular:
- the definition of the broadcasting;
- the exclusive rights, duration and the
civil protection of these rights;
- the rights of foreign broadcasting
organisation.
5. The supervision over the work of
collecting societies for the administration
of copyright and related rights.
6. The penal protection of encrypted
satellite signals.
7. The misdemeanour protection of authors,
performers, producers of phonograms
and broadcasting organisations in the
case of the infringement of their rights.
8. The provisions on the application in time.
On 30 June 1999, the Croatian National
Parliament adopted five laws, which concern
industrial property, on 22 December 1999,
affiliated regulations have been adopted.4  T h e
laws are as follows:
Trademarks
Trademark Law5
Entry into force:  31 July 1999.
In use from 1 January 2000.
The Official Gazette of the Republic of Croatia,
No. 78 of 23 July 1999.The Trademark Law regulates the field of the
granting and the existence of trademarks;  itestablishes:
- the concept of a trademark;
- procedure for the grant of a trademark;
- effects of a trademark;
- limitations of trademark rights;- license;
- changes relating to a trademark;
- acquisition, duration, maintenance and
lapse of a trademark;
                                                     
4 The regulations can be found in Annex II to this document.
5 See document IP/N/1/HRV/T/1.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
- grounds for the declaration of invalidity
of a trademark;
- provisions on a collective and
certification mark;
- civil protection (enforcement);
- provisional judicial measures;
- misdemeanours provisions.
Geographical Indications
Law on the Protection of Geographical
Indications of Products and Services6
Entry into force:  31 July 1999.
In use from 1 January 2000.
The Official Gazette of the Republic of CroatiaNo. 78 of 23 July 1999.Protection of geographical indications and
designations of origin for agricultural products
and foodstuffs.  Specific regulation of the rights
of geographical indications where protection is
possible only for those product indications which
has certain characteristics and reputation becauseof their geographical position.  The primary goals
are to support agriculture, to create the conditions
for fair competition, and consumer protection by
giving them the correct information on the origin.
The law provides:
- procedure for the grant of protection;
effects of the right on protected
designation of origin and geographical
indication;
- relation to other distinctive signs;
- nullity and grounds for it;
- civil protection;
- misdemeanours.
Industrial Designs
Industrial Design Law7
Entry into force:  31 July 1999.In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 78 of 23 July 1999.Legal protection of designs (in two dimensions
and in three dimensions).Protection of designs as specific industrial
property right establish:
- basic protection issues;
- procedure for the grant of the industrial
design right;
                                                     
6 See document IP/N/1/HRV/G/1.
7 See document IP/N/1/HRV/D/1.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
- effects of the protection (exclusive rights,
limitations);
- changes to an industrial design;
- license;
- acquisition, duration, maintenance and
termination of a protected industrial
design;
- civil protection (enforcement);
- provisional judicial measures;- judicial grant and transfer of rights;
- provisions on infringement.
Patents
Patents Law8
Entry into force:  31 July 1999.In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 78 of 23 July 1999.Regulates the filed of granting patent protection
for new inventions.  It establishes the:- patent granting procedure;
- effects of a patent;
- limitation of the effect of a patent;
- changes relating to a trademark;
- duration, maintenance and cessation of
effect of a patent;
- grounds for declaration of invalidity of
the decision on the grant of a patent;
- nullity of patent;
- civil protection of rights (enforcement);- provisional judicial measures;
- misdemeanours.
The Patents Law foresees the possibility of
protecting biotechnological inventions and has aclear provision on the prohibition of patenting
essentially biotechnological processes.
Concerning the protection of biotechnological
inventions the Patents Law establishes:
- patentability of micro-organisms and
self-producing materials;
- scope of protection;
                                                     
8 See document IP/N/HRV/P/1.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
- deposit of biological materials in
accordance with the Budapest Treaty onthe International Recognition of the
Deposit of Micro-organisms for the
Purpose of Patent Procedure.
Layout-designs (topographies) of integrated
circuits
Law on the Protection of Layout-Designs of
Integrated Circuits9
Entry into force:  31 July 1999.
In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 78 of 23 July 1999.Protection of layout-designs (topographies) of
integrated circuits, the right to protection,
conditions and the granting procedure, effects of
protection and limitations, start and duration of
the protection, entry into the registry of protected
topographies.
According to Article 22 of the Law, the
provisions of the Patents Law cover nullity, civil
rights and licensing.
                                                     
9 See document IP/N/1/HRV/L/1.IP/N/1/HRV/1
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
Copyright Regulations
Entry into force:  14 April 2000.
The Official Gazette of the Republic of CroatiaNo. 37/2000.
Industrial property (general) - Out of force
Industrial Property Law
Entry into force on 10 October 1991.
The Official Gazette of the Republic of Croatia
No. 53 of 8 October 1991.
Amendments
See:  The Official Gazette of the Republic of
Croatia No. 19/1992, No. 26/1993 and
No. 29/1993.Note:  The new legislation, which is in use from
1 January 2000, regulates each field of industrial
Property separately.
The Law was put out of force by the entering into
force of the following acts:  Trademark Law, Law
on the Protection of Geographical Indications ofProducts and Services, Industrial Design Law,
Patents Law, Law on the Protection of Layout-
Designs of Integrated Circuits.
Each of the above-mentioned  laws includes
provisions for enforcement of protected rights.
Some laws listed under the title "Other" are
applicable for enforcement as well.
Trademarks
Regulations under the Trademark Law
Entry into force:  28 December 1999.In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 146 of 28 December 1999.The regulations contain detailed procedures for
granting trademarks before the State Intellectual
Property Office of the Republic of Croatia.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Geographical indications
Regulations under the Law on the Protection of
Geographical Indications of Products and
Services
Entry into force:  28 December 1999.
In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 146 of 28 December 1999.The regulations contain detailed procedures for
granting protection of geographical indications of
products and services before the State IntellectualProperty Office of the Republic of Croatia.
Industrial designs
Regulations under the Industrial Design Law
Entry into force:  28 December 1999.In use from 1 January 2000.
The Official Gazette of the Republic of Croatia
No. 146 of 28 December 1999.The regulations contain detailed procedures for
granting protection of industrial designs before
the State Intellectual Property Office of theRepublic of Croatia
Patents
Regulations under the Patents Law
Entry into force:  28 December 1999.In use from 1 January 2000.
The official Gazette of the Republic of Croatia
No. 146 of 28 December 1999.The regulations contain detailed procedures for
granting the patents before the State Intellectual
Property Office of the Republic of Croatia.
Plant variety protection
Plant Variety Rights Law
Entry into force on 5 December 1997.The Official Gazette of the Republic of Croatia
No. 131 of 5 December 1997.Note:  In the Republic of Croatia plant varieties
are not protected by patents.  Therefore the
procedure for protection is taking place at theInstitute for Nursery Gardening.  This Institute is
an administrative body within the Ministry of
Agriculture and Forestry.IP/N/1/HRV/1
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law on Seeds, Seedlings and Recognition of
Agricultural Plant Varieties
Entry into force on 5 December 1997.
The Official Gazette of the Republic of Croatia
No. 131 of 5 December 1997.Protection of plant species, procedures for the
protection of plant varieties.
Layout-designs (topographies) of integratedcircuits
Regulations under the Law on the Protection of
Layout-Designs of Integrated Circuits
Entry into force:  28 December 1999.
In use from 1 January 2000.
The Official Gazette of the Republic of CroatiaNo. 146 of 28 December 1999.The regulations contain detailed granting
procedures for layout-design (topography) of
integrated circuits before the State Intellectual
Property Office.
Undisclosed information
Data Secrecy Protection Law
Entry into force on 31 December 1996.
The Official Gazette of the Republic of Croatia
No. 108 of 23 December 1996.Protection of documents covered by professional
or business secrecy.
Other
Law on Administrative Fees in the Field of
Intellectual Property
Entry into force:  13 June 2000.
The Official Gazette of the Republic of Croatia
No. 64 of 5 June 2000.Provisions and tariffs about administrative fees to
be paid in procedure for granting intellectual
property rights.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Decree on Compensation for Special Expenses
for Offering Information Services by the
Intellectual Property Office
Entry into force:  14 September 2000.
The Official Gazette of the Republic of Croatia
No. 86 of 6 September 2000.Provisions and tariffs concerning compensation
fees for special expenses for offering informationservices by the Intellectual Property Office.
Law on General Administrative Procedures
The Official Gazette of the Republic of CroatiaNo. 53/19991.Common provisions concerning administrative
procedures.
Penal Law
The Official Gazette of the Republic of Croatia
No. 110/1997.Regulates the field of criminal acts.
Customs Law
The Official Gazette of the Republic of Croatia
No. 78/1999.Regulates the rights and obligations in traffic of
goods between the customs area of the Republic
of Croatia and foreign customs areas.
Civil Procedure Law
The Official Gazette of the Republic of CroatiaNo. 53/1991.Regulates procedures before the Court in civil
matters.
Law on Obligations
The Official Gazette of the Republic of Croatia
No. 53/1991.Regulates rights and obligations in the field of
contract rights.
Law on Execution
The Official Gazette of the Republic of Croatia
No. 57/1996 and No. 29/1999.Regulates procedures for the enforcement by the
Court ordered execution.IP/N/1/HRV/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law on Penal Procedure
The Official Gazette of the Republic of Croatia
No. 110/1997.Regulates procedures in criminal cases.
Law on Courts
The Official Gazette of the Republic of Croatia
No.3/1994, No. 100/1996, No. 131/1997 andNo. 129/2000.Regulates jurisdiction of Croatian courts.
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