NN 173/2003, in force from January 1, 2004
*NN 87/2005, in force from July 18, 2005
**NN 76/2007, in force July 31, 2007
***NN 30/2009, in force March 17, 2009
Zagreb December, 2009
Patent
Act
And
THE ACT ON AMENDING
THE PATENT ACT*/**/***
I. GENERAL PROVISIONS
Article 1
Article 2
A patent is the exclusive right protecting a patent owner in respect of the economic exploitation of an invention.
Article 3
Foreign natural and legal persons not having a principal place of business, a domicile or a habitual residence in the territory of the Republic of Croatia shall enjoy the protection provided by this Act, if that results from international treaties binding the Republic of Croatia, or from the application of the principle of reciprocity.
Article 4
A natural or a legal person not having a principal place of business, a domicile or a habitual residence in the territory of the Republic of Croatia must be represented before the State Intellectual Property Office (hereinafter: the Office) by a representative entered in the Register of Representatives kept by the Office.
II. SUBJECT MATTER OF PATENT PROTECTION
PATENTABLE INVENTION
Article 5
Article 6
Excluded from patent protection shall be:
Article 7
Article 8
NON-PREJUDICIAL DISCLOSURE OF THE INVENTION
Article 9
An invention shall also be considered to be new if not more than six months prior to the filing date of the patent application it formed part of the state of the art due to or in consequence of:
INVENTIVE STEP
Article 10
INDUSTRIAL APPLICABILITY
Article 11
An invention shall be industrially applicable if its subject matter can be manufactured or used in any kind of industry, including agriculture.
III. RIGHT TO THE ACQUISITION OF A PATENT
PERSONS ENTITLED TO ACQUIRE A PATENT FOR AN INVENTION
Article 12
INVENTOR
Article 13
INVENTOR’S SUCCESSOR IN TITLE
Article 14
IV. PATENT GRANTING PROCEDURE
1. Common Procedural Provisions
Article 15
FEES AND PROCEDURAL CHARGES
Article 16
2. Patent Application
INSTITUTION OF THE PATENT GRANTING PROCEDURE
Article 17
UNITY OF THE INVENTION
Article 18
LANGUAGE AND SCRIPT OF A PATENT APPLICATION
Article 19
CONTENT OF THE PATENT APPLICATION
Article 20
PATENT APPLICATION CONTENTS NECESSARY FOR ACCORDANCE OF THE FILING DATE
Article 21
The accordance of the filing date of the patent application shall require that on such a date the application contains:
3. Priority Right
Article 22
REQUIREMENTS FOR THE GRANT OF PRIORITY RIGHT
Article 23
PRIORITY CLAIM
Article 24
The patent applicant intending to take advantage of the priority right referred to in Article 23 of this Act in the Republic of Croatia, shall file with the Office:
MULTIPLE PRIORITY CLAIM
Article 25
The patent applicant may, subject to the requirements referred to in Article 24 of this Act, claim multiple priorities on the basis of several earlier applications filed in one or more of the Member States of the Paris Union or WTO.
CHARACTERISTICS OF THE INVENTION WHICH IS THE SUBJECT OF THE PRIORITY CLAIM
Article 26
DATE OF THE GRANTED PRIORITY RIGHT
Article 27
The date of granted priority shall be considered as the date of filing the patent application with the Office, for the purposes of the provisions referred to in Article 8, paragraphs (2) and (3) and Article 22 paragraph (1) of this Act.
CALCULATION OF TIME LIMITS IN CASES OF MULTIPLE PRIORITIES
Article 28
If multiple priorities are claimed, the time limits, which under this Act, run from the date of granted priority, shall be calculated as from the earliest date of the multiple priority right.
4. Course of the Procedure from Receipt of the Patent Application to the Publication Thereof
EXAMINATION OF A PATENT APPLICATION UPON ITS RECEIPT
Article 29
ENTRY OF THE PATENT APPLICATION INTO THE REGISTER OF PATENT APPLICATIONS
Article 30
PRIORITY CERTIFICATE
Article 31
DIVISION OF THE PATENT APPLICATION
Article 32
AMENDMENTS OF THE PATENT APPLICATION
Article 33
A patent application for which the filing date has been accepted shall not be subsequently amended by expanding the subject-matter for which protection has been applied for.
PRE-REQUISITES FOR THE PUBLICATION OF A PATENT APPLICATION
Article 34
5. Publication of a Patent Application
MANNER AND CONTENT OF THE PUBLICATION OF A PATENT APPLICATION
Article 35
6. Course of the Procedure from the Publication of the Patent Application to the Grant of a Patent
REQUEST FOR THE GRANT OF A PATENT
Article 36
Grant of a Patent on the Basis of the Substantive Examination of a Patent Application
Article 37
GRANT OF A PATENT ON THE BASIS OF THE SUBMITTED RESULTS OF THE SUBSTANTIVE EXAMINATION
Article 38
Article 39
Article 40
Article 41
A consensual patent shall be granted for an invention the subject-matter of which is patentable in compliance with Article 5 of this Act and is not excluded from patentability in compliance with Articles 6 and 7 of this Act, and which is industrially applicable in compliance with Article 11 of this Act.
Article 42
OPPOSITION TO THE GRANT OF A CONSENSUAL PATENT
Article 43
PROCEDURE CONCERNING THE OPPOSITION TO THE GRANT OF A CONSENSUAL PATENT
Article 44
If the opposition to the grant of a consensual patent or a request for the substantive examination is filed, and the administrative fees and procedural charges are paid, the Office shall immediately notify the consensual patent applicant thereof.
Article 45
Article 46
Any natural or legal person may file a request for the substantive examination in compliance with Article 36, paragraph (1), item 1 of this Act for the entire duration of a consensual patent, which shall be carried out in compliance with Article 37, paragraph (1) of this Act, provided that the administrative fee and procedural charges have been paid in compliance with Article 16 of this Act.
DECISION ON THE REFUSAL OF A PATENT
Article 47
DECISION ON THE GRANT OF A PATENT
Article 48
PATENT REGISTER
Article 49
PATENT CERTIFICATE
Article 50
PUBLICATION OF THE MENTION OF A PATENT GRANT
Article 51
PATENT SPECIFICATION
Article 52
EXCERPT FROM THE REGISTER
Article 53
ENTRY OF CHANGES INTO THE REGISTERS
Article 54
7. Information Services
Article 55
CORRECTION OF DEFICIENCIES IN THE DOCUMENTS
Article 56
Linguistic and typing errors as well as other similar deficiencies in the documents shall be corrected by a decision on the basis of the written request of the patent applicant or patent owner respectively, or ex officio.
8. Reinstatement of Rights
Article 57
V. EFFECTS OF A PATENT
EXCLUSIVE RIGHTS ACQUIRED BY A PATENT
Article 58
EXCLUSIVE RIGHTS RELATED TO PATENTS IN THE FIELD OF BIOTECHNOLOGY
Article 59
RIGHTS CONFERRED BY A PATENT APPLICATION
Article 60
SCOPE OF THE EXCLUSIVE RIGHTS
Article 61
LICENSE CONTRACT AND TRANSFER OF RIGHTS
Article 62
VI. LIMITATION OF THE EFFECT OF A PATENT
EXCEPTIONS FROM THE EXCLUSIVE RIGHTS
Article 63
The patent owner’s exclusive right of exploitation of the invention shall not apply to:
RIGHTS OF THE PRIOR USER
Article 64
LIMITATION OF EFFECTS IN RESPECT OF PATENTS IN THE FIELD OF BIOTECHNOLOGY
Article 65
Exhaustion of the Patent Owner’s Exclusive Rights
Article 66
The exclusive rights conferred by a patent extending to acts concerning a product protected by the patent which are carried out within the territory of the Republic of Croatia, shall be considered exhausted once the product has been put on the domestic market by the patent owner or with his express consent, unless there are legitimate grounds for the patent owner to prohibit further commercialization of the product.
Vehicles in International Traffic
Article 67
The use of products made according to a protected invention in the construction or equipment of a vessel, aircraft or land vehicle belonging to any of the Member States of the Paris Union or WTO shall not be considered a patent infringement where such transport means finds itself temporarily or accidentally in the territory of the Republic of Croatia, provided that the built-in product serves exclusively for the purposes of the said transport means.
VII. COMPULSORY LICENSE
GRANT OF A COMPULSORY LICENSE
Article 68
CONDITIONS APPLICABLE TO THE GRANT OF A COMPULSORY LICENSE
Article 69
VIII. DURATION, MAINTENANCE AND CESSATION OF EFFECT OF A PATENT
TERM OF A PATENT
Article 70
SUPPLEMENTARY PROTECTION CERTIFICATE
Article 71
SUBJECT-MATTER AND EFFECTS OF PROTECTION
Article 72
PUBLICATION
Article 73
ANNUAL FEES AND PROCEDURAL CHARGES FOR THE MAINTENANCE OF A PATENT
Article 74
PRE-TERM LAPSE OF A PATENT DUE TO THE NON-PAYMENT OF ANNUAL MAINTENANCE FEES AND PROCEDURAL CHARGES
Article 75
If the patent owner does not pay the prescribed administrative fee and procedural charges for the maintenance of a patent, the patent shall lapse on the day following the day on which the time limit for the payment referred to in Article 74 of this Act has expired.
PRE-TERM TERMINATION OF A PATENT DUE TO THE SURRENDER THEREOF
Article 76
PRE-TERM TERMINATION OF A CERTIFICATE
Article 77
INHERITANCE OF THE PATENT OWNER’S CAPACITY
Article 78
IX. DECLARATION OF NULLITY OF A PATENT
REASONS FOR THE DECLARATION OF NULLITY OF A PATENT
Article 79
A patent may be declared null and void at any time, on the proposal of any natural or legal person or a State Attorney, if the patent has been granted:
PROPOSAL FOR THE DECLARATION OF NULLITY OF A PATENT
Article 80
PROCEDURE CONCERNING THE PROPOSAL FOR THE DECLARATION OF NULLITY OF A PATENT
Article 81
CONTINUATION OF THE PROCEDURE FOR THE DECLARATION OF NULLITY OF A PATENT BY THE OFFICE OF ITS OWN MOTION
Article 82
DECISION CONCERNING THE PROPOSAL FOR THE DECLARATION OF NULLITY OF A PATENT
Article 83
DECLARATION OF NULLITY OF A SUPPLEMENTARY PROTECTION CERTIFICATE
Article 84
X. REVOCATION OF THE DECISION ON THE GRANT OF A PATENT
REASONS FOR THE REVOCATION OF THE DECISION ON THE GRANT OF A PATENT
Article 85
The decision on the grant of a patent may be revoked prior to the expiration of the term of a patent, if it is established:
PROPOSAL AND PROCEDURE CONCERNING THE REVOCATION OF THE DECISION ON THE GRANT OF A PATENT
Article 86
DECISION ON THE PROPOSAL CONCERNING THE REVOCATION OF THE DECISION ON THE GRANT OF A PATENT
Article 87
XI. ENFORCEMENT OF RIGHTS
1. CIVIL PROTECTION OF RIGHTS
ACTION FOR THE ESTABLISHMENT OF THE RIGHT TO PATENT PROTECTION
Article 88
RIGHT TO RESUME THE PROCEDURE FOR THE GRANT OF A PATENT BY VIRTUE OF THE FINAL COURT DECISION
Article 89
The inventor or his successor in title respectively, whose right to the grant of patent protection for the invention has been established by a final court decision, shall be entitled to resume the procedure for the grant of a patent within 3 months from the date the court decision becomes final or to file a new application for the same invention claiming the filing date and priority date, if any, of the application filed by the applicant not entitled to the grant of the patent.
ACTION FOR THE INFRINGEMENT OF THE INVENTOR’S MORAL RIGHT
Article 90
ACTION CONCERNING THE INFRINGEMENT OF A PATENT
Article 91
CLAIMS CONTAINED IN THE ACTION
Article 92
BURDEN OF PROOF
Article 93
ORDERING A PROVISIONAL MEASURE
Article 94
STATUTE OF LIMITATIONS FOR ACTIONS CONCERNING THE INFRINGEMENT OF A PATENT
Article 95
An action concerning an infringement of a patent may be initiated within 3 years from the day of learning of the infringement and the infringer, but not after the expiration of the period of 5 years from the day on which the infringement was committed.
URGENCY OF THE PROCEDURE CONCERNING THE ACTION FOR THE INFRINGEMENT OF A PATENT
Article 96
The action concerning the infringement of a patent shall be initiated as soon as possible.
2. MISDEMEANOR PROVISIONS
Article 97
Article 98
XII. EUROPEAN PATENT APPLICATION AND EUROPEAN PATENT
EXTENSION OF THE EFFECTS OF EUROPEAN PATENTS
Article 99
Article 100
EXTENSION FEE
Article 101
EFFECTS OF EUROPEAN PATENT APPLICATIONS
Article 102
EFFECTS OF EUROPEAN PATENTS
Article 103
AUTHENTIC TEXT OF EUROPEAN PATENT APPLICATIONS OR EUROPEAN PATENTS
Article 104
RIGHTS OF EARLIER DATE
Article 105
SIMULTANEOUS PROTECTION
Article 106
Where an extended European patent and a national patent having the same filing date or, where priority has been claimed, the same priority date has been granted to the same person or his successor in title, the national patent shall have no effect to the extent that it covers the same invention as the extended European patent as from the date on which the time limit for filing an opposition to the European patent has expired without an opposition having been filed, or as from the date on which the opposition procedure has resulted in a final decision maintaining the European patent.
RENEWAL FEES FOR EXTENDED EUROPEAN PATENTS
Article 107
APPLICABILITY OF THE EPC
Article 108
The provisions of the EPC and its implementing regulations shall not apply unless otherwise provided in the provisions of this Act.
XIII. INTERNATIONAL APPLICATION UNDER THE PATENT COOPERATION TREATY
INTERNATIONAL APPLICATION
Article 109
INTERNATIONAL APPLICATION FILED WITH THE OFFICE AS THE RECEIVING OFFICE
Article 110
INTERNATIONAL APPLICATION FILED WITH THE OFFICE AS THE DESIGNATED OR ELECTED OFFICE
Article 111
XIV. TRANSITIONAL AND FINAL PROVISIONS
PATENTS GRANTED UP TO THE APPLICATION OF THIS ACT
Article 112
PENDING PROCEDURES
Article 113
TRANSLATIONS ACCORDING TO THE AGREEMENT ON THE APPLICATION OF ARTICLE 65 OF THE EPC
Article 114
REGULATIONS
Article 115
The Regulations defining the matters referred to in: Article 17, paragraph (2); Article 20, paragraph (9); Article 21; Article 30, paragraph (2); Article 31, paragraph (2); Article 35, paragraph (4); Article 36, paragraph (3); Article 39, paragraph (4); Article 42, paragraph (2); Article 43, paragraph (3); Article 49, paragraph (3); Article 50, paragraph (2); Article 51, paragraph (2); Article 52, paragraph (2); Article 53, paragraph (2); Article 54, paragraph (3); Article 55, paragraph (4); Article 57, paragraph (7); Article 71, paragraph (9); Article 73, paragraph (2); Article 74, paragraph (1); Article 103, paragraph (5) and Article 109, paragraph (2) shall be enacted by the Minister competent for the work of the Office, upon a proposal by the Director General of the Office, not later than the date the application of this Act begins.
CESSATION OF THE VALIDITY OF OTHER PROVISIONS
Article 116
The provisions of the Patent Act (Official Gazette nos. 78/1999 and 32/2002) shall cease to be valid on the date the application of this Act begins, with the exception of provisions set out in Article 95, in the section relating to representation, which shall apply up to the enactment of a special act.
DEFERRED APPLICATION OF PARTICULAR PROVISIONS OF THE ACT
Article 117
ENTRY INTO FORCE AND APPLICATION OF THE ACT
Article 118
This Act shall enter into force on the eighth day following the date of publication thereof in the Official Gazette of the Republic of Croatia, and shall be applied as of 1 January 2004.
ACT AMENDING THE PATENT ACT
In the Patent Act («Official Gazette» No. 173/03) Article 4 is amended to read:
“(1) A legal or a natural person not having a principal place of business, a domicile or a habitual residence in the territory of the Republic of Croatia must be represented before the State Intellectual Property Office (hereinafter: the Office) by a representative entered in the Register of Representatives kept by the Office, if the matter of representation is not otherwise provided for by law.
(2) By way of derogation from the provision set out in paragraph (1) of this Article, a foreign legal or natural person may individually, without a representative, perform the following acts:
1. File patent applications,
2. Perform other acts relating to the establishment of the filing date of a patent application,
3. File true copies of the first patent application, when claiming priority right referred to in Article 23 of this Act,
4. Receive from the Office notifications relating to the procedures referred to in items 1 to 3 of paragraph (2) of this Article,
5. Pay the administrative fees and procedural charges in accordance with Article 16 of this Act.
(3) In the case of individually performing the acts, referred to in paragraph (2) of this Article, a foreign legal or natural person shall communicate to the Office the address for correspondence, which shall be in the territory of the Republic of Croatia.
(4) If a foreign legal or natural person fails to appoint a representative or to communicate the address for correspondence to the Office, in accordance with the provision set out in paragraph (3) of this Article, the Office shall invite it in writing to appoint a representative or to communicate the address for correspondence within a period of three months.
(5) If a foreign legal or natural person fails to comply with the invitation of the Office referred to in paragraph (4) of this Article, the Office shall reject its communication by a decision, and provide for the legal service to be made by displaying of communications on the notice board of the Office.
(6) By way of derogation from the provision set out in paragraph (1) of this Article, the administrative fees and procedural charges for the maintenance of a patent may be paid by any person.”
Article 2
In Article 21, item 3 is amended to read:
“a part of the patent application, which, at first sight appears to be the description of the invention, even though such description does not comply with all the requirements prescribed by this Act and the Regulations.”
Article 3
In Article 24 paragraphs (2), (3), (4) and (5) are added to read:
“(2) If a patent application claiming priority of the first application is filed on the date, which is later than the date on which the priority period referred to in Article 23 paragraph (1) of this Act expired, the patent applicant may file a request for the restoration of the priority right.
(3) The request referred to in paragraph (2) of this Article may be filed within two months from the date of expiration of the priority period.
(4) The Office shall adopt a request for the restoration of the priority right, provided that the applicant:
1. State the reasons for the failure to comply with the priority period in spite of due care required by the circumstances having been taken, and
2. Pay the administrative fees and procedural charges referred to in Article 16 of this Act.
(5) If the applicant fails to comply with the requirements referred to in paragraph (4) of this Article, the request referred to in paragraph (2) of this Article shall be rejected by a decision.”
Article 4
Following Article 24, Article 24a is added to read:
“Article 24a
(1) A patent applicant may file a request for the correction or addition of a priority claim within a time limit of sixteen months from the priority date or, if the correction or addition would cause a change in the priority date, sixteen months from the priority date as so changed, whichever sixteen-month period expires first, provided that such a request is filed within four months from the filing date of the patent application.
(2) In addition to the request referred to in paragraph (1) of this Article, the applicant shall pay the administrative fees and procedural charges referred to in Article 16 of this Act. If the applicant fails to pay the administrative fees and procedural charges within the prescribed time limit, the request shall be rejected by a decision.
(3) If the priority date is changed due to the correction or addition of the priority claim, the time limits shall be counted from the priority date as changed.
(4) The request referred to in paragraph (1) of this Article shall not be filed after the applicant has filed a request for publication of the application in accordance with Article 35 paragraph (2) of this Act, unless such a request for publication is withdrawn before the technical preparations for publication of the application have been completed.”
Article 5
In Article 41 words “paragraph (6)” are added to follow words “Article 5”.
Article 6
In Article 57 paragraph (5) item 3 words: “Article 23” shall be replaced by words: “Articles 24 and 24a”.
Item 6 is amended to read:
“filing of the request referred to in Article 57a”.
Article 7
Following Article 57 a subtitle and Article 57a are added to read:
“9. Continued Processing
Article 57a
(1) If the applicant for or the owner of a patent has failed to comply with a time limit for an act in a procedure before the Office and that failure has the direct consequence of causing a loss of rights conferred by a patent application or a patent, he may file a request for the continued processing with respect to the patent application or the patent. The Office shall authorize the continued processing, provided that the applicant:
1. Files a request for the continued processing, and performs all the omitted acts within the prescribed time limit, and
2. Pays the administrative fee and procedural charges in accordance with Article 16 of this Act.
(2) A request for the continued processing may be filed within two months from the day on which he learned about the legal consequences referred 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 fees and procedural charges referred to in Article 16 of this Act have not been paid, a request for the continued processing shall be deemed not to be filed, and the decision to that effect shall be issued by the Office.
(4) A request for the continued processing shall not be filed, if failure to comply with concerns the time limit:
1. Referred to in paragraph (2) of this Article,
2. For filing the request referred to in Articles 24 and 24a of this Act,
3. For filing the proposal referred to in Article 57 of this Act,
4. For all the acts in the procedures before the Office involving several parties.
(5) If the Office complied with the request referred to in paragraph (1) of this Article the provision set out in Article 57 paragraph (6) of this Act shall apply mutatis mutandis.”
Article 8
In Article 74 paragraph (1) words “by the Regulations” shall be replaced by words: “regulation enacted by virtue of this Act”.
Article 9
In Article 100 paragraph (4) words: “paragraphs (1) and (2)” shall be replaced by words “paragraphs (2) and (3)”.
Article 10
This Act shall enter into force on the day of its publication in the “Official Gazette”, while Article 5 has been applied as from 1 January 2004.
THE ACT ON AMENDMENTS TO THE PATENT ACT
Article 1
In the Patent Act (“Official Gazette” 173/2003 and 87/2005), in Article 5, paragraph (7) is added to read:
“(7) The provision of paragraph (6) of this Article shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a patent application or a patent relates to such subject-matter or activities as such.”
Article 2
In Article 6, paragraph (1), item 1 the Croatian word translated as “Act;” is replaced by the Croatian words translated as “Act, whereby”
Article 3
In Article 7 paragraph (1) after the Croatian word translated as “morality” a comma is inserted and is followed by the Croatian words translated as “but not merely because such exploitation is prohibited by law or other regulation.”
Article 4
Article 15 is amended to read:
“(1) The State Intellectual Property Office (hereinafter: the Office) shall carry out the administrative procedures for the grant of patents, consensual patents and Supplementary Protection Certificates, and shall perform other administrative and professional tasks concerning the protection of inventions.
(2) The administrative decisions issued by the Office 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.
(3) The provisions of the Act on General Administrative Proceedings shall apply to particular matters concerning the procedure referred to in paragraphs (1) and (2) of this Article, not regulated by this Act.
(4) The administrative decisions issued by the Board of Appeal in the second instance may be subject to administrative disputes, in accordance with the Act on Administrative Disputes.”
Article 5
In Article 16, paragraph (1), after the Croatian words translated as “maintenance of a patent” a comma is inserted and is followed by the Croatian words translated as “a consensual patent and a Supplementary Protection Certificate”.
After paragraph (2), paragraph (3) is added to read:
“(3) 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 procedural charges are not paid before the expiration of the appeal period, the appeal shall not be considered as filed.”
Article 6
In Article 23, paragraph (1), the Croatian words translated as “any legal or natural person”, are replaced by the same Croatian words in the appropriate grammatical case, with no relevance to the English translation, and the Croatian words translated as “his successor in title”, are replaced by the same Croatian words in the appropriate grammatical case, with no relevance to the English translation. After the Croatian words translated as “the first application”, a Croatian word is inserted, with no relevance to the English translation.
Article 7
In Article 24, paragraph (5) is amended to read:
“(5) Prior to refusing a request for the restoration of the priority right, the Office shall inform the applicant of the reasons for which it intends to refuse the request in its entirety or in part, and shall invite him to file observations on such reasons within two months from the date of receipt of the invitation.”
Article 8
After Article 24a, Article 24b is added to read:
“Article 24b
The requests referred to in Article 24 paragraph (2) and Article 24a paragraph (1) of this Act may not be filed after the patent applicant filed a request for the publication of an application in accordance with Article 35 paragraph (2) of this Act, unless such request for the publication is withdrawn before completion of the technical preparations for the publication of the application.”
Article 9
In Article 29, paragraph (1), item 3, a spelling error of the Croatian words translated as “in a foreign language” is corrected.
In item 5, the Croatian words translated as “a natural or a legal person having domicile or principal place of business” are replaced by the Croatian words translated as “a natural or a legal person having principle place of business, or domicile or habitual residence”.
Article 10
In Article 34, paragraph (1), items 4 and 5 are deleted.
Paragraph (5) is deleted.
The former paragraph (6) becomes paragraph (5).
Article 11
In Article 36, paragraph (1), item 2 is deleted.
The former item 3 becomes item 2.
Article 12
The heading above Article 38, and Articles 38, 39 and 40 are deleted.
Article 13
In Article 47, paragraph (1), item 2 is deleted.
The former item 3 becomes item 2.
Article 14
In Article 48, paragraph (1), item 2 is deleted.
The former item 3 becomes item 2.
Article 15
The heading above Article 54 and Article 54 are deleted.
Article 16
The heading above Article 57 translated as “8. Reinstatement of Rights” is amended to read “8. Restitutio in Integrum”.
In Article 57 the Croatian words translated as “reinstatement of rights” in the appropriate grammatical case are replaced by the Croatian words translated as restitutio in integrum in the appropriate grammatical case.
In paragraph (3), the second sentence is added to read:
“In the case of failure to comply with a time limit for payment of a renewal fee for the maintenance of a patent, the time limit prescribed in Article 74 paragraph (3) of this Act shall be included in the one-year period.”
In paragraph (5) item 7, number “104” is replaced by number “103”.
Article 17
In Article 58, paragraph (5) is amended to read:
“(5) In the absence of proof to the contrary, a product shall be considered as having been obtained by a protected process, if the product is new, or if it is likely that the product was obtained by a protected process, and that the patent owner has been unable, despite reasonable efforts, to determine the process actually used. The likelihood that the product was obtained by the protected process shall exist, in particular, where the protected process is the only process known.”
Article 18
After Article 61, Title “Va AMENDMENT OF A PATENT”, a heading and Article 61a, are added to read:
“ENTRY OF CHANGES IN THE REGISTERS
Article 61a
(1) Upon the request by a party for the entry of changes in the register, the Office shall issue a decision on the entry in the Register of Patent Applications, or in the Register of Patents of the changes, which have occurred after the filing of the application, or following the entry of the decision on the grant of a patent.
(2) The changes referred to in paragraph (1) of this Article, as entered, shall be published in the official gazette of the Office.
(3) The procedure concerning the entry of changes in the Registers of the Office, and the publication thereof in the official gazette, as well as payment of the fees and procedural charges shall be laid down by the Ordinance and special regulations enacted pursuant to this Act.”
Article 19
In Article 62, paragraph (5) is amended to read:
“(5) A licence and the transfer of rights shall have effect against third persons from the date of their entry in the register.”
After paragraph (5), paragraph (6) is added to read:
“(6) The provisions of this Article shall also apply mutatis mutandis to the conclusion of licence contracts and contracts on the transfer of the rights conferred by a patent application, a consensual patent and a Supplementary Protection Certificate.”
Article 20
After Article 62, headings and Articles 62a and 62b are added to read:
“RIGHTS IN REM AND LEVY OF EXECUTION”
Article 62a
(1) A patent may be the subject of the rights in rem and levy of execution.
(2) A right in rem shall be entered in the register upon the request of a lien creditor or a lien debtor. The granting of a right in rem shall have effect against third parties as of the date of its entry in the register.
(3) The court levying an execution ex officio shall inform the Office without delay of the execution levied upon a patent for the purpose of the entry of the levy of execution in the register. The entry of the levy of execution in the register shall be carried out at the expense of the execution creditor.
(4) The provisions of this Article shall also apply mutatis mutandis to the grant of the rights in rem and to the levy of execution upon the right conferred by a patent application, a consensual patent and a Supplementary Protection Certificate.
BANKRUPTCY PROCEEDINGS
Article 62b
Where a patent, or the right conferred by a patent application, a consensual patent or a Supplementary Protection Certificate forms part of a bankruptcy estate, the bankruptcy estate manager shall inform the Office ex officio of the institution of the bankruptcy proceedings for the purpose of the entry of the bankruptcy in the register.”
Article 21
Article 66 is amended to read:
“(1) The placing on the market in the territory of the Republic of Croatia, or, after the accession of the Republic of Croatia into the full membership of the European Union, in the territory of any of the States of the European Union, or States Parties to the Agreement Creating the European Economic Area, of a product made according to the invention or a product directly obtained by a process which is the subject matter of an invention by the owner of a patent, or with his express authorization shall exhaust for the territory of the Republic of Croatia, the exclusive rights conferred by the patent in respect to such a product.
(2) The provisions of paragraph (1) of this Article shall also apply mutatis mutandis to the exclusive rights conferred by the Supplementary Protection Certificate.”
Article 22
After the Title “VII COMPULSORY LICENCES”, a subheading 1, Article 67a and subheading 2 are added to read:
“1. Common Provisions
COMPETENCE AND PROCEDURE FOR THE GRANT OF A COMPULSORY LICENCE
Article 67a
(1) The Commercial Court in Zagreb shall be competent to grant compulsory licences.
(2) The procedure for the grant of a compulsory licence shall be instituted by a legal action against the owner of a patent or a holder of a Supplementary Protection Certificate, containing an application for the grant of a compulsory licence. In the notice of legal action, the plaintiff shall indicate all the facts and present all the evidence, on which the application is based. The court shall decide on the grant of a compulsory licence by a judgment.
(3) The decisions of the court issued in the procedures for the grant of a compulsory licence may be appealed in accordance with the rules laid down in the Act on Civil Proceedings.
(4) In the absence of proof to the contrary, it shall be considered that, in the procedure for the grant of a compulsory licence, the owner of a patent or the holder of a Supplementary Protection Certificate is the person who is entered as such in the Register of Patents.
(5) The Act on Civil Proceedings shall apply to particular matters relating to the procedure for the grant of a compulsory licence, not regulated by this Act.
2. Compulsory licences in the cases of insufficient exploitation of a patent, national emergencies, the need for protection from unfair market competition, exploitation of another patent or protected plant variety, and cross-licensing.”
Article 23
In Article 68, paragraph (4), the words cited at the end of the first sentence “or protected plant variety” are deleted.
Article 24
After Article 69, a subheading “3. Compulsory licences for patents relating to the manufacture of pharmaceutical products intended for export to countries having public health problems”, and headings and Articles 69a to 69h are added to read:
“GRANTING OF A COMPULSORY LICENCE”
Article 69a
(1) The court may grant to any person filing an application pursuant to the provisions of this Act, a compulsory licence for a patent and/or issue a Supplementary Protection Certificate required for the manufacture and sale of pharmaceutical products, when such products are intended for export to importing countries having public health problems. When deciding on the grant of a compulsory licence the court shall take into consideration in particular, the need to implement the Decision adopted by the WTO General Council on 30 August 2003 on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (hereinafter: the Decision) of 14 November 2001.
(2) The pharmaceutical product referred to in paragraph (1) of this Article shall be any product of the pharmaceutical industry, including medicinal products for human use, comprising any substance or combination of substances intended for treating or preventing disease in human beings, and any substance or combination of substances, which may be administered to human beings with a view to restoring, correcting or modifying physiological functions in humans, by exerting a pharmacological, immunological or metabolic action, or to making a medicinal diagnosis, including active ingredients and diagnostic kits ex vivo.
(3) The importing country referred to in paragraph (1) of this Article shall be any country to which the pharmaceutical product is to be exported. The importing country may be:
(a) any least-developed country appearing as such in the United Nations list;
(b) any member of the WTO, other than the least-developed country members referred to in item (a) of this paragraph that has made a notification to the Council for TRIPS of its intention to use the system as an importer, including whether it will use the system in whole or in a limited way;
(c) any country that is not a member of the WTO, but is listed in the OECD Development Assistance Committee's list of low-income countries with a gross national product per capita of less than USD 745, and has made a notification to the Office of its intention to use the system as an importer, including whether it will use the system in whole or in a limited way.
(4) Any WTO member that has made a declaration that it will not use the system as an importing WTO member is not an eligible importing country.
(5) Importing countries, which are not WTO members, and are least developed or developing countries, eligible under paragraph (3) of this Article shall comply with additional requirements:
(a) the importing country shall make the notification pursuant to the Decision directly to the Office;
(b) the importing country shall state in the notification that it will use the system to address public health problems, and not as an instrument to pursue industrial or commercial policy objectives, and that it will adopt the measures referred to in paragraph 4 of the Decision;
(c) the court may, upon a legal action instituted by a right holder or by the Office, terminate a compulsory license, if the importing country has failed to comply with its obligations referred to in item (b).
(6) A legal action containing an application for the grant of a compulsory license shall be instituted before the court pursuant to the provisions of Article 67a of this Act, if in the territory of the Republic of Croatia there is a patent or a Supplementary Protection Certificate the effects of which cover the intended manufacturing and sale activity for export purposes.
(7) A legal action shall contain:
(a) information concerning the applications for compulsory licences filed in other countries for the same product with details of the quantities and importing countries concerned;
(b) information concerning the applicant for a compulsory licence and of her/his representative, if any;
(c) the non-proprietary name of the pharmaceutical product, which the applicant intends to manufacture under the compulsory licence;
(d) the quantity of the pharmaceutical product, which the applicant intends to manufacture under the compulsory licence;
(e) the importing country;
(f) evidence of prior negotiations with the right holder pursuant to the provisions of paragraph (10) of this Article;
(g) evidence of a specific request from an authorized representative of the importing country, or a non-governmental organization acting with the formal authorization of one or more importing countries, or UN bodies or other international health organization acting with the formal authorization of one or more importing countries, indicating the quantity of the product required.
(8) When deciding on an application for the grant of a compulsory license, the court shall verify in particular the following:
(a) whether each importing country cited in the application, which is a WTO member, has made a notification to the WTO pursuant to the Decision, or whether each importing country cited in the application, which is not a WTO member, has made a notification to the Office pursuant to the provisions of this Article in respect of each of the products covered by the application. This shall be without prejudice to the possibility, which the least-developed countries have pursuant to the Decision of the TRIPS Council of 27 July 2002;
(b) that the quantity of the product cited in the application does not exceed that notified to the WTO and the Office, respectively, by an importing country, which is a WTO member;
(c) that, taking into account other compulsory licenses granted elsewhere, the total amount of the product authorized to be produced for any importing country does not significantly exceed the amount notified by that country to the WTO, and the Office, respectively.
(9) The information referred to in paragraph (8) of this Article shall be provided and presented in a legal action by the applicant for the grant of a compulsory licence.
(10) A compulsory license may be granted only if the applicant has made efforts to obtain authorization from the patent owner for the exploitation of the protected invention on reasonable commercial terms and conditions, and if such efforts have not been successful within thirty days prior to a legal action. This provision shall not apply in situations of national emergency or other circumstances of extreme urgency, or in cases of public non-commercial use, pursuant to Article 31, item (b) of the TRIPS Agreement.
COMPULSORY LICENSE CONDITIONS
Article 69b
(1) A compulsory license shall be granted as a non-exclusive license, and its scope and duration, which shall be cited in a decision on its grant, shall be exclusively limited to the purpose for which it has been granted. The quantity of products to be manufactured under such licence shall not exceed the quantity necessary to satisfy the needs of the importing country, or importing countries cited in a legal action, taking into account the quantity of the products manufactured under compulsory licenses granted elsewhere.
(2) A compulsory license shall be transferred only with the production plant in which the invention, it is granted for, has been exploited.
(3) In its decision the court shall specify the acts, which the applicant is entitled to perform, and which are necessary for the purpose of manufacturing the products intended for export and distribution in the country or countries cited in the application. No product made or imported under a compulsory license shall be offered for sale or put on the market in any country other than that cited in the application, except where an importing country avails itself of the possibilities under subparagraph 6(i) of the Decision to export to fellow members of a regional trade agreement that share the health problem in question.
(4) In its decision the court shall order that the products made under such license shall be clearly identified, through specific labeling or marking, as being produced under a compulsory licence. The products shall be distinguished from those made by the right holder through special packaging and/or special coloring or shaping, provided that such distinction is feasible, and does not have a significant impact on price. The packaging and any associated literature shall bear an indication that the product is subject to a compulsory license, giving the name of the competent court which granted it, the file number and specifying clearly that the product is intended exclusively for export to and distribution in the importing country or countries. Details of the product characteristics shall be made available to the customs authorities in the Republic of Croatia and the Member States of the European Union.
(5) In its decision the court shall order that before shipment to the importing country the licensee shall post on a web site, the address of which shall be communicated to the Office, the following information:
(a) the quantities of products being supplied under the licence to the importing countries;
(b) the distinguishing features of the product concerned.
(6) If a product covered by a compulsory licence granted in the Republic of Croatia, is patented in the importing country cited in the application, the product shall only be exported if those countries have issued a compulsory licence for the import, sale and/or distribution of the product concerned.
(7) In its decision the court shall order the applicant to pay remuneration to the right holder, as determined by the court as follows:
(a) in the cases of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use under Article 31 item (b) of the TRIPS Agreement, the remuneration shall be a maximum of 4% of the total price to be paid by the importing country or on its behalf;
(b) in all other cases, the remuneration shall be determined taking into account the economic value of the use authorized under the license to the importing country or countries concerned, as well as humanitarian or non-commercial circumstances relating to the issue of the license.
(8) When the court decision on the grant of a compulsory license has become final, the court may, upon a claim for the preservation of evidence filed by the right holder, inspect books and other records kept by the licensee, for the sole purpose of checking whether all the obligations contained in the court decision on the grant of a compulsory license, and in particular those relating to the final destination of the products, have been complied with. The books and records shall contain a proof of exportation of the product, in the form of a declaration of exportation certified by the customs authority, and a proof of importation.
(9) The license conditions shall be without prejudice to the method of distribution in the importing country.
REFUSAL OF AN APPLICATION FOR THE GRANT OF A COMPULSORY LICENCE
Article 69c
The court shall refuse by a decision an application for the grant of a compulsory license if it does not contain elements necessary for taking a decision, or if any of the conditions for the grant of a compulsory licence laid down in this Act have not been met.
TERMINATION OR MODIFICATION OF A COMPULSORY LICENCE
Article 69d
(1) The right holder or the licensee may institute a legal action claiming from the court to terminate a compulsory licence, if it has established that the counter party has failed to respect a decision on the grant of a compulsory license. In its decision to terminate the compulsory license, the court shall specify the time period within which the licensee shall arrange for any product in his possession, custody, power or control to be redirected at his expense to the countries in need referred to in Article 69a of this Act, or otherwise disposed of, in consultation with the right holder.
(2) When notified by the importing country that the amount of pharmaceutical product has become insufficient to met its needs, the licensee may institute a legal action, claiming the modification of the licence conditions, for the purpose of permitting the manufacture and export of additional quantities of the product to the extent necessary to meet the needs of the importing country concerned. In such cases the court shall apply expeditious proceedings. If the additional quantity of the product requested does not exceed 25%, the provisions of Article 69a paragraph (8) of this Act shall not apply.
NOTIFICATIONS
Article 69e
(1) The court shall notify the Council for TRIPS through the intermediary of the Office of its final decisions on the grant of compulsory licenses, and of the license conditions, as well as of its termination or modification.
(2) The information provided shall include in particular:
(a) the name and address of the licensee;
(b) the product concerned;
(c) the quantity to be supplied;
(d) the importing country;
(e) the duration of the licence;
(f) the website address referred to in Article 69b, paragraph (5) of this Act.
PROHIBITION OF IMPORTATION
Article 69f
(1) The import into the Republic of Croatia and the member countries of the European Union of products manufactured under a compulsory license granted pursuant to the provisions of this Act for the purposes of release for free circulation, re-import, placing under suspensive procedures or placing in a free zone or free warehouse shall be prohibited.
(2) Paragraph (1) of this Article shall not apply in the case of re-export to the importing country cited in the application and identified in the packaging and documentation associated with the product, or placing under a transit or customs warehouse procedure or in a free zone or free warehouse for the purpose of re-export to that importing country.
ACTION BY CUSTOMS AUTHORITIES
Article 69g
(1) If there are sufficient grounds for suspecting that products manufactured under a compulsory license granted pursuant to the provisions of this Act are being imported in the Republic of Croatia contrary to the provisions of Article 69f paragraph (1) of this Act, the competent customs authorities shall detain the products concerned for checking, as long as necessary, but not more than 10 working days. If special circumstances apply, the competent customs authorities may decide on the extension of the detention period by a maximum of 10 working days.
(2) The competent customs authorities shall inform without delay the right holder and the manufacturer or the exporter of the products concerned, about the detention referred to in paragraph (1), and shall invite him to furnish information and evidence on the products concerned.
(3) If in the detention period the competent customs authorities establish violation of the compulsory license, contrary to the prohibition referred to in Article 69f paragraph (1) of this Act, it shall seize the products and put them out of circulation in accordance with the customs regulations.
(4) The procedure of detention and seizure of the goods shall be carried out at the expense of the importer in accordance with the customs regulations. The importer and any other person who attempted illicit importation shall be severally responsible for the recovery of the expenses concerned.
(5) If established that the importation of the products detained in accordance with the provisions of this Article would not violate the prohibition referred to in Article 69f paragraph (1) of this Act, the customs authorities shall release the products in the territory of the Republic of Croatia, provided that the customs regulations have been complied with.
(6) The customs authorities shall notify the Office of any seizures and destruction of the products made in accordance with the provisions of this Article.
Article 69h
The provisions of Articles 69f and 69g of this Act shall not apply to import of small quantities of products within the limits laid down in respect of relief from customs duty, contained in traveler’s personal luggage intended for personal and non-commercial use.”
Article 25
The headings above Articles 71, 72 and 73, and Articles 71, 72 and 73 are deleted.
Article 26
In Article 76, paragraph (1) is amended to read:
“(1) The patent owner may surrender a patent in its entirety or in part by a written declaration on the surrender thereof, certified by the public notary. The declaration on surrender shall take effect on the day following the day of its communication to the Office.”
After paragraph (2), paragraph (3) is added to read:
“(3) The surrender of a patent shall be entered into the register, and published in the official gazette of the Office.”
Article 27
A heading above Article 77, and Article 77 are deleted.
Article 28
In Article 81, paragraph (4) the second sentence is added to read:
“At the same time the Office shall invite the applicant to file, where necessary, the description, claims and drawings as amended, provided that the subject matter of the protection does not extend beyond the content of a patent as granted.”
Paragraphs (5), (6) and (7) are amended to read:
“(5) Before taking a decision to maintain a patent as amended, the Office shall inform the parties that it intends to maintain the patent as amended in the procedure for the declaration of nullity, and shall invite them to file their reasoned observations within a period referred to in paragraph (3) of this Article, if they disapprove of the text in which it intends to maintain the patent. If the parties disapprove of such text, the procedure for the declaration of nullity may be continued.
(6) If the parties approve of the text in which the Office intends to maintain the patent or if they fail to reply to the invitation referred to in paragraph (5) of this Article, the Office shall invite the owner of the patent to pay the administrative fee and procedural charges for printing a new patent specification within a period of 60 days from the receipt of the invitation. If the fee and procedural charges are not paid in due time, the patent shall be declared null and void within the limits of the proposal.
(7) Upon a reasoned request, the Office may extend the time limits referred to in this Article for a period it considers to be justified, but which shall not exceed 60 days.”
After paragraph (7), paragraphs (8) and (9) are added to read:
“(8) The Office may hold oral proceedings, if it considers it necessary in order to establish the facts essential for its decision.
(9) If a proposal for the declaration of nullity of a consensual patent is filed, and where the supporting evidence referred to in Article 80, paragraph (2) of this Act is sufficient for likelihood that the consensual patent does not comply with the requirements referred to in Article 41 of this Act, a reply to the invitation referred to in paragraph (3) of this Article shall also contain a request for the substantive examination.”
Article 29
In Article 83, paragraph (1) after the word “in part,” the words “taking into consideration the amendments of a patent made by the owner in the procedure concerning a proposal for the declaration of nullity of a patent,” are added”.
Article 30
A heading above Article 84 and Article 84 are deleted.
Article 31
After Article 87, a Title “Xa SUPPLEMENTARY PROTECTION CERTIFICATE”, the headings and Articles 87a to 87n are added to read:
“MEANING OF TERMS
Article 87a
(1) In relation to Supplementary Protection Certificates granted for medicinal products intended for humans or animals (hereinafter: the Certificate), the following terms mean:
(a) „medicinal product“ is any substance or combination of substances intended for treating or preventing disease in human beings or animals, and any substance or combination of substances, which may be administered to human beings or animals with a view to restoring, correcting or modifying physiological functions in humans or in animals, or to making a medicinal diagnosis;
(b) „product“ is the active ingredient or combination of active ingredients of a medicinal product;
(c) „basic patent“ is a patent which is designated by its owner for the purpose of the procedure for the grant of a Supplementary Protection Certificate, protecting a product as such, as defined in item (b) of this paragraph, or a process for obtaining a product or an application of a product;
(d) „first authorization to place on the market“ is the first authorization to place a medicinal product intended for humans or animals on the market in the Republic of Croatia or in the European Union.
(2) In relation to Supplementary Protection Certificates, granted for plant protection products (hereinafter: the Certificate), the following terms mean:
(a) „plant protection product“ is an active substance or a preparation containing one or more active substances, put up in the form in which they are supplied to the user, intended to:
- protect plants or plant products against harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not defined otherwise;
- influence the life processes of plants, other than as a nutrient (e.g. plant growth regulator);
- preserve plant products, in so far as such substances or products are not subject to special provisions on preservatives;
- destroy undesirable plants; or
- destroy parts of plants, check or prevent undesirable growth of plants;
(b) „substance“ is a chemical element or its compounds, as they occur naturally or by manufacture, including any impurity inevitably resulting from the manufacturing process;
(c) „active substance“ is a substance or a microorganism, including viruses, having general or specific action:
- against harmful organisms; or
- on plants, parts of plants or plant products;
(d) „preparation“ is a mixture or a solution composed of two or more substances, of which at least one is an active substance, intended for use as a plant protection product;
(e) „plant“ is a live plant and live part of plants, including fresh fruit and seeds;
(f) „plant product“ is a product in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, derived from plants, but excluding plants themselves as defined in item (e) of this paragraph;
(g) harmful organisms“ are pests of plants or plant products belonging to the animal or plant kingdom, such as viruses, bacteria and mycoplasmas and other pathogens;
(h) „product“ is the active substance as defined in item (c) of this paragraph, or combination of active substances of a plant protection product;
(i) „basic patent“ is a patent which is designated by its owner for the purpose of the procedure for the grant of a Supplementary Protection Certificate, protecting a product as such, as defined in item (h) of this paragraph, a preparation as defined in item (d) of this paragraph, or a process for obtaining a product or an application of a product;
(j) „first authorization to place on the market“ is the first authorization to place plant protection products on the market in the Republic of Croatia or in the European Union.
DURATION OF THE CERTIFICATE
Article 87b
(1) The Certificate may be granted in accordance with the provisions of this Act in the cases where a basic patent has been granted for a medicinal product intended for humans or animals, or for a plant protection product, the placing on the market of which requires prior authorization by the competent State authority.
(2) The Certificate shall take effect promptly after the expiration of the lawful term of the basic patent.
(3) The rights conferred by the Certificate shall run for a period equal to the period which elapsed between the date of filing of the application for a basic patent, and the date of the first authorization to place the medicinal product intended for humans or animals, or the plant protection product protected by a patent on the market, reduced by a period of five years.
(4) The duration of the Certificate may not exceed five years from the date on which it takes effect.
(5) The duration of the Certificate shall be specified by a decision issued by the Office.
CONDITIONS FOR OBTAINING THE CERTIFICATE
Article 87c
The Certificate shall be granted upon a request of the owner of the basic patent, if the following conditions are met on the date of filing of the application for the Certificate:
1. the medicinal product intended for humans or animals, or the plant protection product, respectively, is protected by a basic patent in force;
2. authorization to place the medicinal product intended for humans or animals, or the plant protection product, respectively, on the market has been granted in the Republic of Croatia, and is in force;
3. the basic patent for the medicinal product intended for humans or animals, or the plant protection product, respectively, has not already been the subject of the Certificate;
4. the application for a basic patent is filed in the Republic of Croatia after 1 January 1993; and
5. the first authorization to place the medicinal product intended for humans or animals, or the plant protection product, respectively, on the market has been granted after 1 January 2005.
APPLICATION FOR THE CERTIFICATE
Article 87d
The application for the Certificate shall be filed with the Office within 6 months from the date of the grant of the authorization, referred to in Article 87c item 2 of this Act, to place the medicinal product intended for humans or animals, or the plant protection product, respectively, on the market, and if the authorization has been granted before the grant of the basic patent, within six months from the date of publication of the mention of the grant of the patent referred to in Article 51 of this Act.
CONTENT OF THE APPLICATION FOR THE CERTIFICATE
Article 87e
(1) The Certificate granting procedure shall be instituted by filing an application containing:
1. a request for the grant of the Certificate, stating in particular:
(a) an express indication of the fact that the Certificate is applied for;
(b) the name and address of the applicant;
(c) the name and address of the representative, if any;
(d) the number of the basic patent and the title of the invention;
2. the number and date of the first authorization to place the product on the market, or indication of the number and date of the first authorization, if the authorization as filed is not the first authorization to place the product on the market;
3. the authorization to place the product on the market, issued by the competent authority in the procedure prescribed by special regulation;
4. evidence showing the identity of the product, the content of the authorization procedure, and the gazette in which indication concerning the authorization was published, if the authorization referred to in item 2 is not the first authorization to place the product on the market;
5. evidence as to payment of the administrative fee and procedural charges for the grant of the Certificate.
(2) If the applicant for the Certificate is the owner of more than one patent for the same product, he shall be granted only one Certificate for that product.
(3) If two or more applications concern the same product, and are emanating from two or more owners of different patents, one Certificate for this product may be granted to each of these owners.
(4) The request referred to in paragraph (1), item 1 of this Article shall be filed on the form, the content of which shall be prescribed by the Ordinance.
FORMALITIES EXAMINATION PROCEDURE
Article 87f
(1) The Office shall carry out formalities examination procedure upon the application for the Certificate as filed.
(2) The formalities examination procedure shall establish whether:
1. the application is filed in the required form and contains all the indications prescribed by Article 87e, paragraph (1), item 1 of this Act;
2. the administrative fee and procedural charges are paid;
3. the application is filed within a period prescribed by Article 87d of this Act;
4. the application is accompanied by the evidence prescribed by Article 87e, paragraph (1), items 3 and 4 of this Act; and
5. the basic patent was in force at the time of filing of the application for the Certificate.
(3) If the application for the Certificate does not contain the elements prescribed by paragraph (2) of this Article, the Office shall invite the applicant to remedy the deficiencies indicated in the invitation within a period of 30 days from the receipt of the invitation.
(4) If the applicant fails to remedy the found deficiencies within a prescribed time limit, the Office shall issue a decision on the rejection of the application for the Certificate.
(5) If the applicant remedies the deficiencies within a period referred to in paragraph (2) of this Article, the Office shall carry out a substantive examination procedure.
SUBSTANTIVE EXAMINATION PROCEDURE
Article 87g
(1) In the course of a substantive examination procedure the Office shall examine whether:
1. the conditions for obtaining the Certificate laid down in Article 87c of this Act were met on the filing date of the application;
2. the product for which the Certificate is applied for is protected by the basic patent;
3. the authorization to place the product on the market has been granted in the manner as prescribed by special regulation;
4. the product has already been the subject of the Certificate.
(2) If, in the course of the examination procedure, the Office establishes that all of the prescribed conditions are met, it shall issue a decision on the grant of the Certificate. The decision shall also specify the duration of the Certificate.
(3) If, in the course of the examination procedure, the Office establishes that not all of the prescribed conditions are met, it shall refuse an application for the Certificate by a decision.
CONTENT OF THE CERTIFICATE
Article 87h
The Certificate shall contain:
(a) the name and address of the holder of the Certificate;
(b) the number of the basic patent;
(c) the title of the invention;
(d) the number and date of the authorization to place the product on the market, and the name of the product identified in that authorization;
(e) the number and date of the first authorization to place the product on the market, where necessary pursuant to the provisions of Article 87e, paragraph (1), item 2 of this Act;
(f) the duration of the Certificate.
ENTRY IN THE REGISTER
Article 87i
The indications concerning the procedure for the grant of the Certificate and the duration thereof shall be entered in the register of the Office pursuant to the provisions of the Ordinance.
SUBJECT MATTER AND EFFECTS OF PROTECTION
Article 87j
(1) Within the limits of the protection conferred by the basic patent, the protection conferred by the Certificate shall extend only to the medicinal product intended for humans or animals, or to the plant protection product, respectively, covered by the authorization to place it on the market, as well as for any use of the product as a medicinal product intended for humans or animals or as a plant protection product, respectively, that has been authorized before the expiry of the Certificate.
(2) The Certificate shall confer to the owner of the basic patent or to his successor in title the same rights as are conferred by the basic patent and shall be subject to the same limitations and the same obligations.
PUBLICATION
Article 87k
(1) In its official gazette, the Office shall publish data concerning the filing of an application for the Certificate, the issue of the decision on the grant of the Certificate, or the rejection of the application for the Certificate, respectively and the termination of the Certificate.
The data to be published shall be defined by the Ordinance.
EXPIRY OF THE CERTIFICATE
Article 87l
(1) The Certificate shall lapse at the expiry of the period for which it was granted.
(2) The Certificate shall lapse before the expiry of the period for which it was granted:
1. if the Certificate-holder surrenders it, on the day following the day on which a certified written declaration of surrender is furnished to the Office;
2. if the annual fee for the maintenance thereof is not paid within the prescribed time limit;
3. if the product for which the Certificate was granted may no longer be placed on the market as a result of the withdrawal of the authorization to place it on the market in accordance with a national regulation.
(3) The Office shall decide on the expiry of the Certificate ex officio, or at the request of an interested person.
DECLARATION OF NULLITY OF A SUPPLEMENTARY PROTECTION CERTIFICATE
Article 87m
(1) The Certificate shall be declared null and void in the procedure before the Office:
1. if it was granted contrary to the provisions of this Act;
2. if the basic patent has lapsed pursuant to the provisions of Articles 75, 76 and 85 of this Act;
3. if the basic patent is declared null and void in its entirety or in part, whereby the product for which the Certificate was granted would no longer be protected by the claims of the basic patent or, if, upon the expiry of the basic patent, grounds exist which would justify such a declaration of nullity.
(2) The provisions of this Act relating to the procedure concerning a proposal for the declaration of nullity of a patent shall apply mutatis mutandis to the procedure for the declaration of nullity of the Certificate.
RELATION TO A CONSENSUAL PATENT
Article 87n
The provisions concerning the Certificate shall not apply to a consensual patent.”
Article 32
The Title “XI. ENFORCEMENT OF RIGHTS” is amended to read: “XI. APPEAL”, and a subheading “1. Civil Protection” is amended to read “1. Appeal Procedure”.
A heading above Article 88 is amended to read: “RIGHT OF APPEAL”
Article 88 is amended to read:
“(1) Any party entirely or partially adversely affected by the decisions of the Office issued in the first instance shall have the right to file an appeal within 30 days from the date of communication of the decision.
(2) Other parties to the procedure terminated by a decision appealed shall have the right to be parties to the appeal procedure.”
Article 33
A heading above Article 89 is amended to read: “CONTENT OF AN APPEAL”
Article 89 is amended to read:
“In addition to the indications, which shall be contained in any communication, an appeal shall contain:
1. an indication of the decision appealed;
2. a statement defining whether the decision is contested in its entirety or in part;
3. the grounds for appeal;
4. a statement of reasons for appeal, and all the evidence supporting the appellant’s allegations contained in the appeal;
5. the signature of the appellant
6. a power of attorney, if the appeal is filed through a representative.”
Article 34
A heading above Article 90 is amended to read: “DECIDING ON AN APPEAL”
Article 90 is amended to read:
“(1) The Board of Appeal shall take decisions in sessions, by a majority vote.
(2) The Board of Appeal shall decide on the basis of communications filed by the parties, and if it considers it necessary, or upon the request of any party to the procedure, it may order oral proceedings. The parties shall be summoned to oral proceedings at least 45 days before it takes place.
(3) The provisions of Articles 47 and 48, or 81 and 83, respectively, of this Act shall apply mutatis mutandis to the decisions of the Board of Appeal on an appeal.”
Article 35
After Article 90, a subheading is added to read “2. Composition and Organization of the Boards of Appeal”
Article 36
A heading above Article 91 is amended to read: “BOARDS OF APPEAL”
Article 91 is amended to read:
“(1) The Boards of Appeal for industrial property rights responsible for deciding on appeals against the decisions issued by the State Intellectual Property Office in the first instance (hereinafter: the Boards of Appeal) shall be established as independent bodies responsible for deciding on appeals in accordance with the provisions of this Act.
(2) In their operations, the Boards of Appeals shall use a seal containing the coat-of-arms of the Republic of Croatia.
(3) The provisions regulating the content of the headings of official documents of the State administration bodies shall apply to the content of the headings of official documents of the Boards of Appeal.
(4) The Boards of Appeal shall have their seat at the Office. The Office shall place at the disposal of the Boards of Appeal such premises and equipment as necessary for the performance of their tasks.
(5) The Secretariat of the Boards of Appeal, organized as an organizational unit within the Office, shall perform clerical and other administrative tasks for the Boards of Appeal.
(6) The President of the Boards of Appeal (hereinafter: the President) shall administer the work of the Boards of Appeal.
(7) The President and members of the Boards of Appeal shall be independent, not bound by any instructions of the Director General of the Office, and shall perform their tasks impartially, in accordance with the law.
(8) The President and members of the Boards of Appeal shall have the status of independent experts, and shall be awarded remuneration for their work pursuant to the Ordinance on Remunerations for the Work of the Boards of Appeal for industrial property rights. They may, during their term of office in the Boards of Appeal, perform other tasks and duties, and may at the same time be officials and employees of the Office.
(9) The President shall, subject to approval by the Director General of the Office, enact the Rules of Procedure of the Boards of Appeal for industrial property rights.”
Article 37
A heading above Article 92 is amended to read: “APPOINTMENT AND REMOVAL FROM OFFICE OF THE PRESIDENT AND MEMBERS OF THE BOARDS OF APPEAL”
Article 92 is amended to read:
“(1) The President, two Vice-Presidents and 14 members of the Boards of Appeal shall be appointed by the Government, upon a public invitation and a proposal from the Director General of the Office, for a term of 5 years, with a possibility to be re-appointed.
(2) The President may be any bachelor of laws who, after passing a bar examination, worked in the legal field related to intellectual property for 4 years, and is an expert in the field of industrial property law.
(3) The Vice-Presidents may be:
- any bachelor of engineering who, after passing the State vocational examination, worked in the field related to intellectual property for 4 years, and is an expert in the patent law; and
- any bachelor of laws, or a bachelor of economics, or a bachelor of arts in the French, English or Croatian languages, who, after passing the State vocational examination, worked in the field related to intellectual property for 4 years, and is an expert in the trademark and industrial design laws.
(4) The members of the Boards of Appeal shall be:
- two bachelors of law, who have passed the State vocational examination, and are experts in the patent and the topographies of semiconductor products law, having worked in the field related to intellectual property for 4 years;
- five bachelors of engineering, who have passed the State vocational examination, and are experts in the patent law, having worked in the field related to intellectual property for 4 years; and
- seven persons who are either bachelors of laws, or bachelors of economics, or bachelors of arts in the French, English or Croatian languages, and are experts in the trademark, industrial design and geographical indications laws, having worked in the field related to intellectual property for 4 years;
(5) The Government may, upon a reasoned request by the Director General of the Office, remove from office the President, the Vice-President or a member of the Boards of Appeal:
- on his own request;
- if he has permanently lost the capacity to perform his duties due to illness or the like reasons;
- if he has been convicted for a criminal act, making him unworthy of performing such a duty;
- if established that he has misused his position;
- if established that he has seriously violated the law or rules of profession, or has seriously neglected his duties causing thereby dysfunction of the Boards of Appeal and prejudicing the lawful and timely performance of their duties; or
- when he has reached seventy.
Article 38
A heading above Article 93 is amended to read: “BOARD OF APPEAL FOR EACH INDIVIDUAL CASE”
Article 93 is amended to read:
“(1) Taking into consideration the circumstances and nature of any individual case, the President shall, from among the persons appointed in accordance with the provisions of Article 92 of this Act, constitute the Board of Appeal composed of three persons (hereinafter: the Board of Appeal), and a Chairman from among them to decide on an appeal.
(2) A person who has participated in taking the decision appealed may not be a member of the Board of Appeal referred to in paragraph 1 of this Article.”
Article 39
A heading above Article 94 is amended to read: “EXCLUSION OF A MEMBER OF THE BOARD OF APPEAL”
Article 94 is amended to read:
“(1) A member of the Board of Appeal, referred to in Article 93 of this Act shall be excluded from taking part in decisions on appeals in the cases in which he has any personal interest, or has previously been involved as a representative, or authorized legal representative of one of the parties, or in which he participated in taking the decision appealed, or if there are other circumstances, likely to doubt his impartiality.
(2) The exclusion may be requested by a party to the procedure, or by a member as appointed. The Director General of the Office shall decide on the exclusion. He shall issue a decision within 15 days from the communication of the request for exclusion. Pending the decision of the Director General of the Office, a member whose exclusion is to be decided on shall refrain from any further activity in the case concerned. The decision of the Director General of the Office may not be appealed, but may be subject to the institution of an administrative dispute.
(3) The Director General of the Office shall inform without delay the President and the member of the Board of Appeal concerned of the request for exclusion as filed. If the Director General of the Office decides that the appointed member of the Board of Appeal shall be excluded, the President shall appoint, without delay, other member to take his place.”
Article 40
After Article 94, a Title “XI.a PROTECTION OF RIGHTS IN THE CASE OF INFRINGEMENT” is added.
Article 41
A heading above Article 95 is amended to read: “PERSONS ENTITLED TO CLAIM THE PROTECTION OF RIGHTS”
Article 95 is amended to read:
“The protection of the rights under this Act may be claimed by a right holder, or a person authorized by her/him pursuant to the general provisions on representation, and, apart from her/him by the holder of the exclusive licence, to the extent that he has acquired the right of exploitation of an invention on the basis of a legal transaction or law.”
Article 42
After Article 95, headings and Articles 95a to 95m are added to read:
“CLAIM TO ESTABLISH THE RIGHT TO THE GRANT OF A PATENT”
Article 95a
(1) If a patent application is filed by a person not entitled to the grant of a patent for an invention, the inventor or his successor in title, respectively, my institute a legal action claimimg establishment of his right to the grant of a patent for the invention.
(2) If a patent application is filed by a person who is not entitled to it and who is one of several persons having jointly created the invention, other inventors or their successors in title, respectively, may claim establishment of their rights to the grant of a joint patent.
(3) The legal actions referred to in paragraphs (1) and (2) of this Article may be filed up to the decision on the grant of a patent.
(4) The inventor or his successor in title, respectively, whose entitlement to the grant of a patent for an invention has been established by a final court decision may:
- resume the procedure for the grant of a patent within 3 months from the day on which the court decision becomes final, or
- file a new patent application for the same invention claiming the accordance of the filing date and priority date, if any, of the application filed by the person not entitled to it.
(5) The inventor whose entitlement to the grant of a patent for the invention has been established by a final court decision may, at any time, claim from the Office to enter his name into the patent application and all the documents issued for a patent, as well as into the appropriate Office registers. The entry of the inventor’s name may also be claimed by his successor in title.
CLAIM DUE TO INFRINGEMENT OF THE RIGHT OF THE INVENTOR TO BE MENTIONED AS SUCH
Article 95b
(1) If the person who is not the inventor is mentioned as such in the patent application and/or documents relating to a patent and/or the registers of the Office, or if the inventor is not mentioned, the inventor may institute a legal action claiming the mention of his name.
(2) If the person who is not the inventor is mentioned as such in the patent application and/or documents relating to a patent and/or the registers of the Office, a legal action shall be instituted against such person, and if the inventor is not mentioned, a legal action shall be instituted against the Office.
(3) The right to the claim referred to in paragraph (1) of this Article shall also belong to the inventor of a joint invention.
(4) The claim referred to in paragraph (1) of this Article shall not be subject to the statute of limitations and shall not be inherited.
CLAIMS FOR ESTABLISHMENT AND TERMINATION OF INFRINGEMENT
Article 95c
(1) The patent owner may institute a legal action against any person who has infringed a patent by performing without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of this Act, claiming establishment of the infringement.
(2) The patent owner may institute a legal action against any person who has infringed a patent by performing without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of this Act, claiming termination of the infringement and prohibition of such and similar future infringements.
(3) The patent owner may institute a legal action against any person who has by performing any of the acts without authorization caused a serious threat that his patent might be infringed, claiming desistance from the act concerned and prohibition of the infringement of the patent.
(4) The claims referred to in paragraphs (1), (2) and (3) of this Article may also be made against a person who in the course of her/his economic activities renders services used in the acts infringing a patent or threatening to infringe it.
CLAIM FOR SEIZURE AND DESTRUCTION OF OBJECTS
Article 95d
(1) The patent owner may institute a legal action against any person who has infringed a patent by performing without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of this Act, claiming that the products resulting from or acquired by the infringement of a patent, and the objects (implements and tools) predominantly used in the manufacture of the products infringing the patent be removed from the market, seized or destroyed at the expense of that person.
(2) The court shall order the measures referred 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 proportionate to the nature and seriousness of the infringement.
CLAIM FOR DAMAGES, USUAL COMPENSATION AND UNJUST ENRICHMENT
Article 95e
(1) The patent owner 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 58, paragraphs (2) and (3) and Article 59 of this Act, claiming damages pursuant to the general rules on legal redress laid down in the Obligations Act.
(2) The patent owner may institute a legal action against any person who has performed without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of this Act, claiming payment of remuneration in the amount that he would have claimed, given the circumstances, in the licence agreement, if concluded.
(3) The patent owner may take a legal action against any person who has infringed a patent by performing without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 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 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 referred to in paragraphs (1), (2) or (3), filed cumulatively, the court shall observe the general principles laid down in the Obligations Act.
CLAIM FOR DAMAGES DUE TO INFRINGEMENT OF THE RIGHTS CONFERRED BY A PATENT APPLICATION OR A CONSENSUAL PATENT APPLICATION
Article 95f
(1) The patent applicant may institute a legal action against any person who has within the period from the date of publication of the patent application and the date of publication of the mention of the grant of the patent infringed the provisional rights conferred by a patent application by performing without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of this Act, claiming damages pursuant to the general rules on legal redress laid down in the Obligations Act.
(2) The right to the claim referred to in paragraph (1) of this Article shall also belong to the owner of a consensual patent, provided that he attaches to the notice of legal action evidence that he has filed with the Office a request for the grant of a patent on the basis of a substantive examination of the patent application.
(3) Upon the request of the court or any of the parties to the procedure, referred to in paragraphs (1) and (2) of this Article, the Office shall promptly accept the application concerned and shall subject it to expeditious proceedings.
CLAIM FOR PUBLICATION OF THE JUDGEMENT
Article 95g
The owner of a patent may claim that the final judgment even partially upholding the claim for protection of the patent 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 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, the part of the judgement specifying the infringement concerned and the person having committed it is published.
BURDEN OF PROOF
Article 95h
In the civil proceedings concerning the infringement of the patent protected process for obtaining a new substance, any equal substance or any substance of equal composition shall be considered as resulting from the protected process, untill proven to the contrary by the person obtaining such a substance or composition.
CLAIM FOR PROVISION OF INFORMATION
Article 95i
(1) The owner of a patent who has instituted civil proceedings for the protection of the patent in the case of infringement may claim the provision of information on the origin and distribution channels of the goods infringing his patent.
(2) The claim referred to in Article 1 may be made 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 economic activities in possession of the goods suspected of infringing a patent;
- a person who provides, within her/his economic activities, services suspected of infringing a patent;
- persons who provide, within their economic activities, services used in the activities suspected of infringing a patent;
- 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 patent;
(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 acting as a counter party to the defendant is also included in the main claim.
(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:
- information on the names and addresses of the producers, 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, received or ordered, as well as the price obtained for the goods or services concerned.
(5) The person required to provide the information 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 refuses to provide information without justified reasons, she/he shall be responsible 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 information in civil and criminal proceedings, the provisions regulating the responsibility for misuse of the right to acquire information, and the provisions regulating the processing and protection of personal data.
(7) The provisions of this Article shall be without prejudice to the provisions of Article 91.l of this Act regulating the taking of evidence.
PROVISIONAL MEASURES DUE TO INFRINGEMENT OF A PATENT
Article 95j
(1) Upon the request of the owner of a patent who makes it likely that her/his patent has been infringed or threatened to be infringed, the court may order any provisional measure comprising termination or prevention of the infringement, and in particular:
- order the opposing party to cease or desist from, respectively, the acts infringing a patent; the court may also issue such order against an intermediary whose services are being used by a third party to infringe a patent;
- order the seizure or removal from the market of the goods resulted from or acquired by the infringement of a patent, and objects (implements and tools) predominantly used in the creation of the goods infringing a patent.
(2) Upon the request of the owner of a patent who makes it likely that his patent has been infringed on a commercial scale for the purpose of acquiring commercial or economic benefit, and that such infringement has threatened to cause him irreparable damage, the court may, in addition to the provisional measures referred to in paragraph (1) of this Article, 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.
(3) For the purpose of ordering and enforcing the provisional measure referred to in paragraph (2) of this Article, the court may require from the opposing party or other relevant persons disposing 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 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, taking into consideration a very serious circumstances of the infringement, this would be necessary. If a provisional measure is ordered without informing the opposing party 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 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.
(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 other provisions of this Act, and the provisions of the Execution Act.
PROVISIONAL MEASURES COMPRISING THE PRESERVATION OF EVIDENCE
Article 95k
(1) Upon the request of the owner of a patent who makes it likely that his patent 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:
- preparation of a detailed description of the goods made likely to infringe a patent, with or without taking of samples;
- seizure of the goods made likely to infringe a patent;
- seizure of the materials and implements used in the production and distribution of the goods made likely to infringe a patent and the documentation relating thereto.
(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, or that otherwise the provisional measure would not be effective. If a provisional measure is ordered without informing the opposing party thereof, the court shall communicate a decision 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 date 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.
TAKING OF EVIDENCE IN THE COURSE OF THE CIVIL PROCEEDINGS
Article 95l
(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 within a specified time limit.
(2) Where the owner of a patent as a plaintiff in a legal action claims that the infringement of a patent has been committed on a commercial scale for the purpose of acquiring commercial or economic benefit, and has made it likely during the proceedings, and where he invokes in the proceedings banking, financial or similar economic documents, papers or the like evidence, claiming that they lie with the opposing party 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 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 consideration 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 opinion, that the evidence lies with it.
(6) Against the decision of the court referred to in paragraphs (1) and (2) of this Article a separate appeal shall not be allowed.
EXPEDITIOUS PROCEEDINGS AND APPLICATION OF THE PROVISIONS OF OTHER ACTS
Article 95m
(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 procedures concerning the infringement of a patent.
(3) Upon the request of the court or any of the parties to the procedure concerning the infringement of a patent, the Office or the Board of Appeal, respectively, shall promptly accept a request for the declaration of nullity of the decision on the grant of a patent, filed before or during the civil action, and shall subject it 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 nullity of the decision on the grant of a patent, or not.”
Article 43
A heading above Article 96, and Article 96 are deleted.
Article 44
In Article 97 paragraph (1), item 4 is amended to read:
“4. offering or delivering a product which constitutes the essential element of the protected invention to persons not entitled to use such invention (Article 58, paragraph (3), and Article 59).
In paragraph (2), number “8,000” is replaced by number “10 000.00”.
After paragraph (3), a new paragraph (4) is added to read:
“(4) A natural person – a craftsman or other self-employed person, respectively, shall be punished for the misdemeanor, referred to in paragraph (1) of this Article, by a fine amounting from HRK 5 000.00 to 50 000.00, where the misdemeanor has been committed in the performance of her/his activities as a craftsman or other self-employed person, respectively.”
In the former paragraph (4), which becomes paragraph (5), numbers “1, 2 and 3” are replaced by numbers “1, 2, 3 and 4”.
Article 45
Title “XII. EUROPEAN PATENT APPLICATION AND EUROPEAN PATENT” is amended to read: “XII. EXTENDED EUROPEAN PATENT”.
Article 46
A heading above Article 103 “EFFECTS OF EUROPEAN PATENTS” is amended to read: “EFFECTS OF EXTENDED EUROPEAN PATENTS”.
In Article 103, paragraph (2) is amended to read:
“(2) Within three months from the date on which the mention of the grant of the European patent has been published, the owner of the patent shall communicate to the Office a request for the entry of the extended European patent into the Register of Patents, a specification of the European patent as published in the Official Journal of EPO, a translation of such patent specification in the Croatian language, and shall pay the prescribed administrative fee and procedural charges for publication and printing of the translation of the specification of the European patent in the Croatian language, in accordance with special regulation.”
Article 47
After Article 108, a Title “XII.a EUROPEAN PATENT”, as well as headings and Articles 108a to 108o are added to read:
“EFFECT OF EUROPEAN PATENTS IN THE REPUBLIC OF CROATIA”
Article 108a
(1) A European patent application and a European patent shall, subject to the provisions of this Chapter, have the effect of and be subject to the same conditions as a national patent application and a national patent under this Act.
(2) Pursuant to this Act:
1. European patent application means an application for a European patent filed under the European Patent Convention (hereinafter: EPC), as well as an international patent application filed under the Patent Cooperation Treaty (hereinafter: PCT) for which the European Patent Office (hereinafter: EPO) acts as the designated or elected Office and in which the Republic of Croatia is designated;
2. European patent means a European patent granted by the EPO on a European patent application in accordance with EPC, and designating the Republic of Croatia;
3. national patent application means a patent application filed with the Office under this Act;
4. national patent means a patent granted on the basis of a national patent application.
FILING OF THE EUROPEAN PATENT APPLICATION
Article 108b
(1) A European patent application may be filed:
(a) with the European Patent Office or
(b) with the Office
(2) A European patent application filed with the Office shall have the same effect as if it has been filed on the same date with the European Patent Office, provided that it has been transmitted by the Office to the EPO in due time.
(3) A European divisional patent application shall be filed directly with the EPO.
(4) If the Office finds at first sight that a possible confidential invention of interest for the Republic of Croatia is concerned, it shall not transmit the European patent application to the EPO in accordance with paragraph (2) of this Article, but shall act in accordance with special regulations on confidential inventions.
(5) The European patent application, which is to be filed with the Office in accordance with the provisions of this Article, may be filed in any of the languages referred to in Article 14, paragraphs 1 and 2 EPC.
FEES AND PROCEDURAL CHARGES FOR EUROPEAN PATENT APPLICATIONS
Article 108c
The fees and procedural charges payable in respect of European patent applications shall be paid in accordance with the provisions of the EPC and regulations to the EPC.
EFFECTS OF EUROPEAN PATENT APPLICATIONS
Article 108d
A European patent application which has been accorded a filing date and designating the Republic of Croatia shall be equivalent to a regular national patent application, where appropriate, with the priority claimed for the European patent application, whatever its outcome may be.
A published European patent application shall provisionally confer protection as conferred by a published national patent application under Article 60 of this Act, from the date on which the applicant has communicated a translation of the claims of a published European patent application into the Croatian language to the person using the invention in the Republic of Croatia.
The European patent application shall be deemed not to have had ab initio the effects referred to in paragraph (2) of this Article, if it has been withdrawn, deemed to be withdrawn, finally refused or if the designation of the Republic of Croatia has been withdrawn or is deemed withdrawn.
EFFECTS OF EUROPEAN PATENTS
Article 108e
(1) A European patent designating the Republic of Croatia shall, subject to the conditions laid down in this Article, confer from the date of publication of the mention of its grant by the EPO the same rights as would be conferred by a national patent granted under this Act.
(2) Within three months from the date on which the mention of the grant of the European patent has been published, the owner of the patent shall furnish the Office with a request for entry of the European patent into the Register of Patents, a specification of the European patent as published in the Official Journal of EPO, a translation of such specification in the Croatian language and shall pay the administrative fee and procedural charges for publication and printing of the translation of the specification of the European patent in the Croatian language, in accordance with special regulation.
(3) The Office shall issue a decision on the entry of a European patent in the Register of Patents referred to in Article 49 of this Act.
(4) If, as a result of an opposition filed with the EPO, the European patent is maintained with the amended claims, or as a result of a request for limitation referred to in Article 105a EPC the European patent is limited by the amendment of the claims, the owner of the patent shall furnish the Office with a translation of the amended claims in the Croatian language, and shall pay the prescribed administrative fee and procedural charges for publication in the official gazette of the Office, within three months from the date of publication of the EPO decision concerned.
(5) Where the text of claims contains reference signs used in the drawings, such drawings shall be attached to the translation referred to in paragraphs (2) and (4) of this Article.
(6) The Office shall publish as soon as possible the mention of any translation duly filed under paragraph (2) or (4) of this Article in its official gazette. The content of the publication shall be prescribed by the Ordinance.
(7) If the translation referred to in paragraph (2) or (4) of this Article is not filed in the prescribed time-limit or the prescribed administrative fee and procedural charges for publication are not paid within the period referred to in paragraph (2) or (4) of this Article, the European patent shall be deemed to be void ab initio for the Republic of Croatia. Article 122 EPC relating to the restitutio in integrum shall apply mutatis mutandis.
(8) A European patent and the European patent application on which it is based shall be deemed not to have had ab initio the effects specified in paragraph (1) of this Article and Article 108d, paragraph (2) of this Act, to the extent that the patent has been revoked in the opposition proceedings, or revoked or limited in the procedure concerning the request referred to in Article 105a EPC before the EPO.
AUTHENTIC TEXT OF EUROPEAN PATENT APPLICATIONS OR EUROPEAN PATENTS
Article 108f
(1) The text of a European patent application or a European patent established in the language of the proceedings before the EPO shall be the authentic text in any proceedings in the Republic of Croatia.
(2) Where the translation in the Croatian language confers protection narrower than that conferred by a European patent application or a European patent, such translation shall be regarded as authentic, except in the procedures concerning the declaration of a patent null and void.
(3) An applicant for or the owner of a European patent may file a corrected translation at any time. The corrected translation of the claims of a published European patent application shall not have any legal effects in the Republic of Croatia until it has been communicated to the person using the invention in the Republic of Croatia. The corrected translation of the specification of a European patent designating the Republic of Croatia shall not have any legal effect, until the Office has published the mention of the correction, as soon as possible after payment of the administrative fee and procedural charges prescribed for the publication.
(4) Any person who, in good faith, uses or has made effective and serious preparations for using an invention, the use of which would not constitute infringement of a European patent application or a European patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.
RIGHTS OF EARLIER DATE
Article 108g
(1) In the Republic of Croatia, a European patent application and a European patent designating the Republic of Croatia shall have, with regard to a national patent application and a national patent, the same state of the art effect as a national patent application and a national patent.
(2) In the Republic of Croatia, a national patent application and a national patent shall have, with regard to a European patent designating the Republic of Croatia, the same state of the art effect as they have with regard to a national patent.
SIMULTANEOUS PROTECTION
Article 108h
Where a European patent designating the Republic of Croatia and a national patent having the same filing date or, where priority has been claimed, the same priority date, has been granted to the same person or his successor in title, the national patent shall have no effect to the extent that it covers the same invention as the European patent designating the Republic of Croatia from the date on which the time limit for filing an opposition to the European patent has expired without an opposition having been filed, or from the date on which the opposition procedure has resulted in a final decision maintaining the European patent.
CONVERSION INTO A NATIONAL PATENT APPLICATION
Article 108i
(1) The Office shall carry out a procedure for the grant of a national patent upon the request of an applicant for or the owner of a European patent in the following cases:
(a) where the European patent application is deemed to be withdrawn under Article 77, paragraph 3 EPC, or
(b) where the translation of a European patent application has not been filed in due time in accordance with the provision of Article 14, paragraph 2 EPC and Article 90, paragraph 3 EPC.
(2) In the case referred to in paragraph (1) item (a) of this Article, a request for conversion shall be filed with the Office. The Office shall, subject to the provisions on national security, transmit the request directly to the central industrial property offices of the Contracting States specified therein.
(3) In the cases referred to in paragraph (1) item (b) of this Article, a request for conversion shall be filed with the EPO, which shall transmit it to the Office, if the Republic of Croatia is specified therein.
(4) The request shall be deemed as filed after the conversion fee and procedural charges have been paid. The effects of the European patent application referred to in Article 66 EPC shall lapse if the request for conversion is not filed in due time.
(5) Within two months from filing of the request for conversion of a European patent application to a national patent application, the applicant shall pay the prescribed administrative fee and procedural charges for conversion and publication in accordance with special regulations, and shall file with the Office the translation of the original text of the European patent application into the Croatian language. Mention of the conversion shall be published in the official gazette of the Office. If the administrative fee and procedural charges have not been paid in due time, or if the translation of the original text of the European patent application into the Croatian language is not filed in due time, the request for conversion shall be deemed not to be filed, concerning which the Office shall issue a corresponding decision.
RENEWAL FEES FOR EUROPEAN PATENTS
Article 108j
(1) Renewal fees for European patents shall be paid to the Office for the years following the year in which the mention of the grant of the European patent was published in accordance with special regulations.
(2) Article 141, paragraph 2 EPC shall apply mutatis mutandis.
DISPOSITIONS OF EUROPEAN PATENT APPLICATIONS AND EUROPEAN PATENTS
Article 108k
The provisions of this Act on the transfer, licence, right in rem, execution, bankruptcy and compulsory licences shall apply to European patent applications and European patents with effect in the territory of the Republic of Croatia.
PROTECTION AGAINST INFRINGEMENT
Article 108l
The provisions of this Act on the protection of patents in the case of infringement shall apply to European patent applications and European patents designating the Republic of Croatia.
DECLARATION OF NULLITY OF THE EUROPAN PATENT
Article 108m
(1) Subject to the provisions of Article 139 EPC, and Articles 78 and 79 of this Act, respectively, a European patent may be declared null and void in the procedure before the Office in accordance with the provisions of this Act, with the effect for the Republic of Croatia.
(2) If a request for the declaration of nullity of a European patent is filed with the Office after the initiation of the opposition procedure before the EPO referred to in Article 99 EPC or the procedure concerning a request for limitation or revocation referred to in Article 105a EPC, the Office shall stay the procedure concerning a request for the declaration of nullity up to the termination of the mentioned procedures before the EPO.
APPLICATION OF EPC
Article 108n
EPC shall apply to the European patent applications and European patents, which have, in accordance with the provisions of EPC and this Act, effect in the Republic of Croatia.
TRANSLATIONS IN ACCORDANCE WITH THE AGREEMENT ON THE APPLICATION OF ARTICLE 65 EPC
Article 108o
(1) The provisions of Article 108e, paragraphs (2), and (4) of this Act, providing for that the owner of a European patent shall furnish the Office with a translation of a patent specification and amended claims into the Croatian language, shall apply up to the entry into force of the Agreement on the application of Article 65 EPC of 17 October 2000.
(2) After the entry into force of the Agreement referred to in paragraph (1) of this Article, the owner of a patent shall furnish the Office with:
1. a patent specification in the English language, or a translation of such specification into the English language, if the patent has been granted in the language of the proceedings other than the English language, and a translation of the claims into the Croatian language filed in due time and subject to payment of the prescribed administrative fee and procedural charges for publication laid down in Article 108e, paragraph (2) of this Act;
2. a translation of the amended claims into the English and Croatian languages, if the European patent has been maintained with amended claims, filed in due time and subject to payment of the prescribed administrative fee and procedural charges for publication laid down in Article 108e, paragraph (3) of this Act.
(3) In the case of a dispute relating to a European patent, the patent owner, at his own expense, shall furnish, at the request of a person allegedly infringing a patent, or at the request of the competent court or quasi-judicial authority condicting a legal proceedings a full translation of a patent specification into the Croatian language.
(4) The translation referred to in paragraph (3) of this Act shall be considered as authentic text in any proceedings in the Republic of Croatia, except in the nullity proceedings, if the translation in the Croatian language confers protection narrower than that conferred by the European patent in the language of the proceedings.”
TRANSITIONAL AND FINAL PROVISIONS
Article 48
(1) The administrative disputes instituted before the Administrative Court before 1 June 2008 shall be completed before the Administrative court in accordance with the provisions, which were in force up to that date.
(2) A party, which instituted a legal action before the Administrative Court before 1 June 2008, in accordance with the provisions which were in force up to that date, may require from the Administrative Court to stay the proceedings, provided that it has filed within 30 days from that date an appeal based on the same grounds and with the same statement of reasons as are those contained in the legal action, where an appeal against such administrative decision is admissible pursuant to the provisions of this Act. The administrative decision issued on such appeal in the second instance, may be subject to an administrative dispute pursuant to the provisions of the Act on Administrative Disputes.”
SPECIAL PROTECTION CONFERRED BY A PATENT OR A SUPPLEMENTARY PROTECTION CERTIFICATE IN A MEMBER STATE OF THE EUROPEAN UNION
Article 49
(1) If, before the day of the accession of the Republic of Croatia into the full membership of the European Union, a patent or a Supplementary Protection Certificate for a medicinal product intended for humans or animals has been acquired in any of the Member States of the European Union, at the time when a patent or a Supplementary Protection Certificate could not be acquired for such medicinal product in the Republic of Croatia, the owner of such a patent or a Supplementary Protection Certificate may prohibit export from the Republic of Croatia for the purpose of offering for sale, selling, using, or stocking for such purposes, of the product carried out according to such a patent, to the Member States of the European Union in which the patent or the Supplementary Protection Certificate concerned is in force, even if such a product is manufactured or placed on the market for the first time in the territory of the Republic of Croatia by the owner of the patent or the holder of the Supplementary Protection Certificate acquired in the Member State of the European Union concerned before the accession of the Republic of Croatia to the European Union, or with his/her express authorization.
(2) The manner of information of the competent customs authorities concerning the intended export referred to in paragraph (1) of this Article shall be regulated by special regulation.
DEFERRED APPLICATION OF THE PROVISIONS ON A SUPPLEMENTARY PROTECTION CERTIFICATE AND SPECIAL RIGHTS IN THE TRANSITIONAL PERIOD
Article 50
The owner of the basic patent in the Republic of Croatia, granted for a medicinal product intended for humans or animals or a plant protection product, respectively, for which the authorization to place it on the market is granted by a competent authority in any of the States of the European Union, on the day of the accession of the Republic of Croatia into the full membership of the European Union, or, in the Republic of Croatia, after 1 January 2008, may apply for a Supplementary Protection Certificate in the Republic of Croatia, within 6 months as of the day of the accession of the Republic of Croatia into the full membership of the European Union.
Article 51
On the date of the entry into force of Article 47 of this Act, the provisions of Articles 99 to 108 of the Patent Act (Official Gazette 173/2003 and 87/2005) shall cease to have effect. All the procedures instituted in accordance with such provisions shall be completed in accordance with them.
Article 52
(1) The procedures concerning the protection of a patent in the case of infringement, pending on the day of the entry into force of this Act, shall be completed in accordance with the provisions, which were in force up to the entry into force of this Act.
(2) The provisions of Articles 10 to 14 of this Act shall not apply to any procedures relating to the grant of a patent, declaration of a patent null and void, and revocation of the decision on the grant of a patent, which have been instituted and not completed up to the entry into force of this Act.
Article 53
(1) The Ordinance referred to in Article 115 of the Patent Act (Official Gazette 173/2003 and 87/2005) shall be aligned with the provisions of this Act, on a proposal given by the Director General of the Office, by the Minister responsible for the work of the Office, not later than within 3 months from the entry into force of this Act.
(2) The Ordinance referred to in Article 36 of this Act shall be enacted, on a proposal given by the Director General of the Office, by the Minister responsible for the work of the Office, not later than up to 1 June 2008.
(3) The Rules of Procedure referred to in Article 36 of this Act shall be enacted not later than up to 1 June 2008.
Article 54
The Legislation Committee of the Croatian Parliament shall hereby be authorized to prepare and publish a revised version of the Patent Act.
Article 55
This Act shall enter into force on the eight day following the day of its publication in the Official Gazette, with the exception of Article 4, and Articles 32 to 39 thereof, which shall enter into force on 1 June 2008, Articles 31 and 49 thereof, which shall enter into force on the day of the acceptance of the Republic of Croatia into the European Union, and Article 47 thereof, which shall enter into force on the day of the entry into force of the EPC in the Republic of Croatia.
THE ACT
ON AMENDMENTS TO THE PATENT ACT
Article 1
In the Patent Act (OG Nos. 173/03, 87/05 and 76/07), in Article 4, paragraph (1) is amended to read:
(1) A legal or a natural person not having a principle place of business, a domicile or a habitual residence in the territory of the Republic of Croatia, must be represented in the proceedings before the State Intellectual Property Office (hereinafter: the Office) by an authorized patent representative, pursuant to the provisions of this Act and special regulations.
Article 2
In Article 29, paragraph (1), item 5, the Croatian words translated as: “a patent representative entered in the Register of Representatives kept by the Office” are replaced by the Croatian words translated as: “an authorized patent representative”.
Article 3
In Article 57, paragraph (5), after item 8, item 9 is added to read:
“9. filing of the appeal referred to in Article 88 of this Act and taking other actions in the procedure before the Board of Appeal”.
Article 4
In Article 57a, paragraph (4), a new item 4 is added to read:
“4. For filing the appeal referred to in Article 88 of this Act and taking other actions in the procedure before the Board of Appeal”.
The former item 4 becomes item 5.
Article 5
In Article 65, paragraph (1), after the words: “of the Republic of Croatia” a comma is inserted and is followed by the words: “or upon the accession of the Republic of Croatia to the European Union respectively, on the market of any of the States of the European Union, or States Parties to the Agreement Creating the European Economic Area”.
Article 6
In Article 69a, paragraph (2), the words: “by exerting a pharmacological, immunological or metabolic action” are deleted.
Article 7
In Article 69b, paragraph (6), the Croatian words translated as: “those countries have issued”, are replaced by the Croatian words translated as: “this country has issued”.
Article 8
In Article 69f, paragraph (1), the Croatian word translated as: “re-import”, is replaced by the Croatian word translated as: “re-export”.
Article 9
In article 87a, paragraph (1), item d), after the words: “is the first authorisation to place”, the words “a product as” are inserted.
In paragraph (2), item i), a spelling error of the Croatian word translated as “grant” is corrected.
In item j), the words: “plant protection products” are replaced by the words: “the products as plant protection products”.
Article 10
In Article 87b, paragraph (1) is amended to read:
“(1) The Certificate may be granted in accordance with the provisions of this Act in the cases where a basic patent has been granted for a product which is a component part of a medicinal product intended for humans or animals, or for a plant protection product, the placing on the market of which requires prior authorisation by the competent State authority.”
Paragraph (3) is amended to read:
“(3) The rights conferred by the Certificate shall run for a period equal to the period which elapsed between the date of filing of the application for a basic patent and the date of the first authorisation to place the product protected by auch a patent on the market, reduced by a period of five years.”
Article 11
Article 87c is amended to read:
“The Certificate shall be granted upon a request of the owner of the basic patent, if the following conditions are met on the date of filing of the application for the Certificate:
1. that the product is protected by a basic patent in force,
2. that an authorisation to place the product on the market as a medicinal product intended for humans or animals, or a plant protection product respectively, which is in force, has been granted in accordance with special regulations,
3. that the product has not already been the subject of the Certificate,
4. that the authorisation referred to in item 2 of this Article, is the first authorisation to place the product on the market as a medicinal product intended for humans or animals, or a plant protection product, respectively.”
Article 12
Article 87d is amended to read:
“The application for the Certificate shall be filed with the Office within six months from the date of the grant of the authorisation, referred to in Article 87c, item 2 of this Act, and if the authorisation has been granted before the grant of the basic patent, within six months from the date of publication of the mention of the grant of the patent, referred to in Article 51 of this Act.”
Article 13
In Article 87f, paragraph (4), the word: “decision” is replaced by the word: “conclusion”.
Article 14
In Article 87j, paragraph (1) is amended to read:
“(1) Within the limits of the protection conferred by the basic patent, the protection conferred by the Certificate shall extend only to the product covered by the authorisation to place on the market a medicinal product intended for humans or animals, or a plant protection product respectively, as well as for any use of the product as a medicinal product intended for humans or animals, or a plant protection product, respectively, that has been authorized before the expiry of the Certificate.
Article 15
In Article 108o, paragraph (1), the words: “and 4”, are replaced by the words: “to 5”.
In paragraph (2), item 1, twice repeated words in the Croatian version of the text are deleted with no relevance to the English translation.
TRANSITIONAL AND FINAL PROVISIONS
SPECIAL RIGHTS IN TRANSITIONAL PERIOD
Article 16
The owner of the basic patent in the Republic of Croatia, granted for the product as a medicinal product intended for humans or animals, or the product as a plant protection product, respectively, for which the authorization to place it on the market is granted by a competent authority in any of the Member States of the European Union, on the day of the accession of the Republic of Croatia to the European Union, or, in the Republic of Croatia, after 1 January 2003, may apply for a Supplementary Protection Certificate in the Republic of Croatia, within 6 months as of the day of the accession of the Republic of Croatia to the European Union.
Article 17
The Agreement on the application of Article 65 EPC (London Agreement) shall apply to all European patents and extended European patents granted after 1 May 2008, irrespective of whether they have been granted after the first instance procedure or opposition procedure or appeal procedure, and the mention of the grant or amendment of which have been published by the EPO.
Article 18
In the Act on Amendments to the Patent Act (OG 76/07), Article 50 and the heading above it shall cease to have effect.
Article 19
This Act shall enter into force on the eighth day following the day of its publication in the “Official Gazette”.