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Enforcement of IPRs in Croatia


Enforcement of IPRs
The online presence of counterfeits goods, which affords cheaper options, and therefore, secures good value for the money paid is the main cause of counterfeiting and piracy in Croatia.
Clothes, small electronics, and jewellery are the goods that most often face counterfeiting and piracy in Croatia.
They are as follows:
  • The Copyright and Related Rights Act
  • the Patent Law
  • The Trademarks Law
  • The Industrial Designs Law
  • The Law on Geographical Indications and Designations of Origin of Products and Services
  • The Law on the Protection of Topographies of Semiconductor Products
Copyright, trademarks, industrial designs, GIs, semiconductors, and patents are the different types of IPRs protected by IPR enforcement in Croatia.
Foreign natural and legal persons appearing before SIPO must be represented by a registered patent and trademark agent. In court proceedings, natural and legal persons must be represented by an attorney registered with the Croatian Bar.
There is a provision of gathering expert witnesses and other witnesses in court; however, the court usually relies on documentary evidence solely. Therefore, the rights holder should beforehand prepare a detailed compilation of evidence.
Yes. The general statute of limitations is 05 years and 03 years for remedies.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies include publication of the judgment.
It takes 03 to 05 years from filing to obtaine a final decision.
A) Responsible Authority - Commercial Courts
B) Imprisonment Term - Copyright: Up to 03 years; Trademark: up to 03 years; and Patent: no mention of imprisonment
C) Monetary Fine - Copyright: legal entity - 5,000 to 50,000 HRK, natural person - 2000 to 10, 0000 HRK; Trademark infringement: €2,600 to €13,000 for legal entities; €260 to €1,300 for natural persons; €650 to €1,300 for responsible persons within the legal entities; and €650 to €6,500 for natural persons where the infringement took place during the activities of craftsmen. Patent Infringement: legal person - HRK 20,000 to 100,000, natural person - HRK 2, 00 to 8,000 HRK, a responsible person in legal entity - 5,000 to 10,000 HRK
The time period of arriving at a final decision, which is not any further appealable, may take longer than usual.
ADR techniques are available; disputes can be settled by way of in-court mediation or out-of-court specialised entities. In-court mediation, decisions are enforceable immediately, while out-of-court decisions depend on the terms and conditions of the ADR agreement.
ADR procedures are not frequent in Croatia. Benefits include lower attorney fees, faster issuance of decisions, and flexibility in settlements, while the risks include no legal remedies (binding decisions) and lower compensation amounts.
Other remedies available under border control measures (customs) in Croatia include destruction of goods.
Upon finding that the goods are infringing in nature, the consignee pays the cost of destruction.
Court Proceedings
If implied or specific infringement occurs and no action is taken, the rights holder’s acquiescence may be considered as assent to the alleged infringement. This may be of detriment to the rights holders’ interest.