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Custom Recordal of IPRs in Croatia


Custom Recordal of IPRs
Yes. For seeking customs protection and surveillance, the rights holder must file an application. If the infringing goods are identified without the presence of the application, the authorities request a written application to be submitted within 03 days.
The Decree in Customs Measures Relating to Goods Infringing Intellectual Property Rights of May 2006 and amended in 2007 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Croatia. The Decree is harmonized with both the Council Regulation (EC) No. 1383/2003 and the Commission Regulation No. 1891/2004.
Custom Recordal of IPRs is effective only on the import of goods.
The role of the Customs is to detect infringing goods in ex officio capacity or after receiving an application. It is also within their power to withhold or detain the infringing goods. The destruction, however, is dependent on the decision of the court.
Rights holders who wish to register with Croatian Customs need to find a legal representative in Croatia. It should be a lawyer or a law office. They should then file an Application for Action, which should be forwarded to the Customs through the legal representative in 02 original copies along with the following documents mentioned in the next answer.
The documents to be submitted are as follows:
  • Power of Attorney;
  • A statement according to Article 9 of the Croatian Customs Regulation NN 52/06 and 82/07, signed by an authorized person, stamped, notarized and then apostil led; and
  • A proof that the applicant is the owner of the rights (a listing from the relevant IPR database proving that the IPR is registered or recognized in Croatia).
Along with the required documents, the Customs prefers to have on file other useful information regarding the original and potential counterfeit products (production sites, routes, distribution network, both legal and if known illegal, identity guides, "how to recognize fakes" information, etc.).
After receiving the required documents, the Customs will grant the application for action within 01 month (quite often within a week).
Yes, it is centralized.
A written application is to be made.
The validity period is 01 year, but the applicant can ask for an extension of another year. The Customs can grant one-year extensions indefinitely.
If a customs office, in the course of customs supervision or checking of goods, namely customs procedures and treatment, after consulting the rights holder, where necessary, establishes reasonable suspicion that the goods matching the description of the goods listed in the decision granting the request infringe an intellectual property right, then the customs office shall temporarily suspend further application of the requested customs procedure or treatment, and without delay notify the Central Office of the Customs Administration thereof in writing.
The costs relative to the destruction of goods, shall be borne by the consignee, in accordance with the customs regulation on the destruction of customs goods.
The requester shall, within the period of 10 working days from the date on which he received the decision granting the temporary detention of goods, notify in writing the Central Office of the Customs Administration. This time limit may be extended for further 10 working days.
10 days (extension may be sought)
The Central Office of the Customs Administration shall, without delay, issue a decision on the temporary detention of the goods concerned, and shall communicate it to the requester and declarant or the holder of the goods, and the competent customs office, which, on the basis of the decision it receives, shall place the goods concerned in the temporary detention.
If there are grounds for suspicion that the goods subject to customs treatment have been used in the commitment of a criminal offence or a misdemeanour, the Customs Administration shall inform thereof the Ministry of the Interior or the State Inspectorate, respectively.
Yes, the parties are requested to initiate court proceedings that finally adjudicate upon the nature of the goods and pronounce the final order.
Other relevant documents may be needed (as required by the court).
Possible remedies awarded by the court include destruction of goods or suspension of detention of alleged infringing goods.