NN 173/2003, in force from January 1, 2004
*NN 76/2007, in force July 31, 2007
**NN 30/2009, in force March 17, 2009
Zagreb December, 2009
Industrial
Design Act
And
THE ACT ON AMENDENTS
TO THE INDUSTRIAL DESIGN ACT*/**
I. GENERAL PROVISIONS
SUBJECT MATTER OF THE ACT
Article 1
This Act provides the requirements for the protection of a design, regulates the right to protection, the acquisition of the industrial design, the scope and term of industrial design protection, exclusive rights conferred by the industrial design, the industrial design registration procedure, the changes relating to industrial designs, the termination and invalidation of industrial designs, international deposit of industrial designs, civil protection and misdemeanour provisions.
DEFINITIONS
Article 2
For the purposes of this Act:
“Product” means any industrial or handicraft item, including, inter alia, parts intended to be assembled into a complex product, packaging, get-up of books, graphic symbols and typographic typefaces, but excluding computer programs,
“Complex product” means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.
II. PROTECTION REQUIREMENTS
REQUIREMENTS FOR PROTECTION
Article 3
NOVELTY OF DESIGN
Article 4
INDIVIDUAL CHARACTER OF DESIGN
Article 5
DISCLOSURE OF DESIGN
Article 6
DESIGNS DICTATED BY THEIR TECHNICAL FUNCTION AND DESIGNS OF INTERCONNECTIONS
Article 7
DESIGNS CONTRARY TO PUBLIC INTERESTS
OR ACCEPTED PRINCIPLES OF MORALITY
Article 8
An industrial design shall not subsist in a design that is contrary to public interests or accepted principles of morality.
GROUNDS FOR REFUSAL OF PROTECTION
OR FOR INVALIDITY
Article 9
An application for registration of a design shall be refused, i.e. a registered industrial design shall be invalid if:
III: RIGHT TO PROTECTION
DESIGNER
Article 10
MORAL RIGHT OF THE DESIGNER
Article 11
PERSONS ENTITLED TO THE ACQUISITION
OF INDUSTRIAL DESIGNS
Article 12
EQUAL STATUS OF PERSONS ENTITLED TO HOLD INDUSTRIAL DESIGNS
Article 13
Foreign legal and natural persons not having a principle place of business, i.e. a domicile or a habitual residence on the territory of the Republic of Croatia shall enjoy protection provided for by this Act, if it results from international treaties binding the Republic of Croatia or from the application of the principle of reciprocity.
IV. ACQUISITION, SCOPE AND TERM OF INDUSTRIAL DESIGN PROTECTION
ACQUISITION OF INDUSTRIAL DESIGN
Article 14
SCOPE OF PROTECTION
Article 15
TERM OF PROTECTION
Article 16
V. EXCLUSIVE RIGHTS
CONFERRED BY THE
INDUSTRIAL DESIGN
EXCLUSIVE RIGHTS
Article 17
LIMITATION OF EXCLUSIVE RIGHTS
conferred by an industrial design
Article 18
PRIOR USE
Article 19
EXHAUSTION OF RIGHTS
Article 20
VI. RELATIONSHIP TO OTHER
FORMS OF PROTECTION
APPLICATION OF OTHER REGULATIONS
Article 21
The provisions of this Act shall be without prejudice to any other regulations relating to trade marks or other distinctive signs, patents and regulations governing civil liability and unfair competition.
RELATIONSHIP TO COPYRIGHT
Article 22
A design protected by an industrial design shall also be eligible for copyright protection from the date on which the design was created or fixed in any form, if it meets the requirements stipulated by the law regulating copyright and related rights.
VII. INDUSTRIAL DESIGN REGISTRATION PROCEDURE
THE OFFICE AUTHORITY
Article 23
INITIATION OF THE INDUSTRIAL DESIGN REGISTRATION PROCEDURE
Article 24
The procedure for the registration of an industrial design shall be initiated by filing an industrial design application to the Office.
CONTENTS OF AN INDUSTRIAL
DESIGN APPLICATION
Article 25
MULTIPLE INDUSTRIAL DESIGN APPLICATION
Article 26
DIVISION OF A MULTIPLE APPLICATION
Article 27
PRIORITY
Article 28
The applicant whose industrial design application has the earlier filing date has the right of priority over any other applicant filing later an industrial design application for the identical design.
UNION PRIORITY RIGHT
Article 29
EXHIBITION PRIORITY RIGHT
Article 30
ACCORDANCE OF THE FILING DATE OF AN INDUSTRIAL DESIGN APPLICATION
Article 31
FORMAL EXAMINATION OF THE
INDUSTRIAL DESIGN APPLICATION
WITH AN ACCORDED DATE OF FILING
Article 32
DECISION ON REFUSAL OF THE REGISTRATION
OF AN INDUSTRIAL DESIGN
Article 33
DECISION ON THE REGISTRATION
OF AN INDUSTRIAL DESIGN
Article 34
If the product design is not excluded from protection pursuant to Article 33 paragraph (1) of this Act and if the procedural charges of the maintenance for the first 5-year period of industrial design protection has been paid, the Office shall issue a decision on the registration of the industrial design and enter the industrial design in the register.
INDUSTRIAL DESIGN PUBLICATION
Article 35
DEFERMENT OF PUBLICATION OF
AN INDUSTRIAL DESIGN
Article 36
INDUSTRIAL DESIGN CERTIFICATE
Article 37
VIII. CHANGES MADE TO AN INDUSTRIAL DESIGN
ENTRY OF CHANGES
Article 38
LICENSE
Article 39
RIGHT IN REM AND LEVY OF EXECUTION
Article 40
BANKRUPTCY PROCEEDINGS
Article 41
When an industrial design is involved in bankruptcy proceedings, at the request of the competent authority, an entry shall be made in the register and published in the official gazette of the Office.
TRANSFER OF RIGHTS
Article 42
IX. CEASING OF EFFECT AND INVALIDATION OF AN
INDUSTRIAL DESIGN
CEASING OF EFFECT OF AN
INDUSTRIAL DESIGN
Article 43
DECISION ON THE DECLARATION OF THE INDUSTRIAL DESIGN INVALID
Article 44
X. COMMON PROVISIONS ON THE PROCEDURE BEFORE THE OFFICE
OTHER REGULATIONS TO BE APPLIED IN PROCEDURE BEFORE THE OFFICE
Article 45
The General Administrative Procedure Act shall apply to specific procedural issues not regulated by this Act.
FEES AND PROCEDURAL CHARGES
Article 46
CERTIFICATE OF PRIORITY RIGHT
Article 47
The Office shall issue a certificate of priority right at the request of the industrial design applicant or the industrial design holder, and after payment of required fees and charges.
REGISTERS
Article 48
OFFICIAL GAZETTE OF THE OFFICE
Article 49
The Office shall issue an official gazette in which it shall publish all the information for which publication is prescribed by this Act and by the Regulations.
SEARCH
Article 50
At the request of an interested party, the Office shall provide the services comprising novelty searching of the registered industrial designs, having effect in the Republic of Croatia.
REPRESENTATION
Article 51
Foreign legal and natural persons not having a principle place of business, i.e. a domicile or a habitual residence in the Republic of Croatia may exercise the rights under this Act in the procedures before the Office solely by way of representatives, which are, in accordance with special provisions, entered in the register of representatives, maintained by the Office.
XI. INTERNATIONAL DEPOSIT OF INDUSTRIAL DESIGNS
INTERNATIONAL DEPOSIT OF
INDUSTRIAL DESIGNS
Article 52
XII. CIVIL PROTECTION
ACTIONS FOR INFRINGEMENT
Article 53
STATUTE OF LIMITATIONS
Article 54
Actions for infringement of industrial design rights may be instituted within 3 years from acquiring knowledge of the act of infringement and the infringer, and not later than 5 years from a committed infringement.
PROVISIONAL MEASURES
Article 55
COMPENSATION FOR DAMAGE
Article 56
JUDICIAL GRANT AND TRANSFER OF RIGHTS
Article 57
XIII. MISDEMEANOUR PROVISIONS
MISDEMEANOURS
Article 58
XIV. TRANSITIONAL AND FINAL PROVISIONS
PENDING PROCEDURES
Article 59
CEASING OF THE VALIDITY OF
OTHER PROVISIONS
Article 60
On the day the application of this Act starts the provisions of the Industrial Design Act (Official Gazette 78/99 and 127/99) shall cease to be valid, with the exception of the provisions concerning the representation referred to in Article 57 of the said Act, which shall apply up to the adoption of a special act.
REGULATIONS
Article 61
The Regulations regulating in more detail the issues referred to in Article 16 paragraph (6), Article 25 paragraph (4), Article 27 paragraph (3), Article 35 paragraph (2), Article 36 paragraph (2), Article 37 paragraph (2), Article 38 paragraph (3), Article 39 paragraph (10), Article 40 paragraph (5), Article 42 paragraph (5), Article 43 paragraph (2), Article 44 paragraph (10), Article 48 paragraph (4) and Article 49 of this Act, shall be adopted by the minister responsible for the work of the Office, at the proposal of the Director General of the Office, not later than on the day the application of this Act starts.
APPLICATION OF THE HAGUE AGREEMENT
Article 62
The provision set out in Article 52 of this Act shall apply from the day of entry into force of the Hague Agreement for the Republic of Croatia.
Entry into force and application of this act
Article 63
This Act shall enter into force on the eighth day following the day of its publication in the Official Gazette, and shall apply from 1 January 2004.
THE ACT AMENDING AND SUPPLEMENTING THE INDUSTRIAL DESIGN ACT
Article 1
In the Industrial Design Act (Official Gazette No. 173/03), in Article 1, the word “invalidation” is replaced by words “declaring null and void”, and the word “deposit”, is replaced by the word “registration”.
Article 2
In Article 6, paragraph 1, subparagraph 2, the words “The Republic of Croatia” are replaced by the words “the European Union”.
Article 3
In Article 7, paragraph 1, subparagraph 2 the word “with” is added following the word “connected”.
Article 4
In Article 9, subparagraph 7 the word “improper” is replaced by the word “unauthorised”.
Article 5
Article 20 is amended to read:
“The placing on the market in the territory of the Republic of Croatia, or following the accession of the Republic of Croatia to the European Union in the territory of a European Union Member State or a Contracting State of the Agreement creating the European Economic Area, of a product embodying an industrial design by the holder of the exclusive right conferred by the protected topography or with his/her express authorization, shall exhaust for the territory of the Republic of Croatia, the exclusive rights conferred by the industrial design in respect to that product.”
Article 6
Article 23, paragraph 2 shall be amended to read:
“(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. 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 have not been paid before the expiry of the appeal period, the appeal shall not be considered as filed.”
Following paragraph 2, paragraphs 3 and 4 shall be added to read:
(3) The provisions of the General Administrative Proceedings Act 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 second-instance administrative decisions rendered by the Board of Appeal may be challenged in an administrative dispute in accordance with the Administrative Disputes Act.”
Article 7
In Article 32, paragraph 1 shall be amended to read:
“(1) On the basis of a formal examination of the industrial design application, the Office shall establish whether the application complies with the requirements set out in Article 25, paragraphs 2 and 4 of this Act, and the requirements set out in Articles 26 and 27 of this Act, if a multiple application has been filed.”
Article 8
Article 37, paragraph 1 of the Industrial Design Act is amended to read:
“(1) At the request of an industrial design holder and under the condition that the prescribed procedural charges for issuing an industrial design certificate have already been paid, the Office shall issue a certificate to the industrial design holder, after the publication of the industrial design in the official gazette of the Office.”
Article 9
In Article 39, paragraphs 5 and 6 shall be deleted.
Article 10
In Article 40, paragraph 2 shall be amended to read:
“(2) Upon the request of a lien creditor or a lien debtor a lien shall be entered in the register. The court levying the execution on its own motion shall promptly inform the Office of the execution levied upon a design for the purpose of its entry in the register.”
Article 11
Following Article 44, a new “Part Ten: THE COMMUNITY DESIGN” shall be added, as well as new articles 44a to 44g to read:
“MEANING OF TERMS
Article 44a
For the purpose of this Act these terms have the following meaning:
(a) “Regulation on Community designs” is the Council Regulation (EC) No 6/2002 on Community designs and its amendments;
(b) a “Community design” is a registered and an unregistered design as defined in Article 1, paragraph 1 of the Regulation on Community designs;
(c) an “application for a Community design” is an application for registration of a Community design filed pursuant to the provisions of the Regulation on Community designs;
(d) a “national design” is an industrial design acquired in the procedure before the Office in accordance with the provisions of this Act;
(e) a “national application for a design” is an application for an industrial design filed with the Office in accordance with the provisions of this Act.
EXTENSION OF EFFECTS OF A COMMUNITY DESIGN
Article 44b
The effects of applications for a Community design filed and Community designs acquired before the date of accession of the Republic of Croatia to the European Union shall extend to the Republic of Croatia.
A COMMUNITY DESIGN AS AN EARLIER DESIGN
Article 44c
Within the meaning of Articles 4, 5, 6 and 9 of this Act, a Community design shall be an earlier design in relation to the national design applications filed, and national designs registered upon such applications after the accession of the Republic of Croatia to the European Union, unless otherwise provided by the law.
FORWARDING AN APPLICATION FOR A COMMUNITY DESIGN
Article 44d
If an application for a Community design has been filed to the Office pursuant to Article 35, paragraph 2 of the Regulation on Community designs, a fee and charges for forwarding shall be paid in accordance with special regulations.
PROHIBITION OF USE OF A COMMUNITY DESIGN
Article 44e
(1) If the use of a Community design referred to in Article 44b of this Act conflicts with the use of a national design acquired before the accession of the Republic of Croatia to the European Union, or acquired on a national design application filed before the accession of the Republic of Croatia to the European Union, the holder of such national design may institute a legal action, claiming prohibition of the use in the Republic of Croatia of the Community design, the effect of which is, in accordance with Article 44b of this Act, extended to the territory of the Republic of Croatia. The plaintiff has to prove that the Community design conflicts with his/her national design.
(2) If a Community design referred to in Article 44b of this Act could have been refused registration on any of the absolute grounds referred to in Article 9 of this Act, or could have been invalidated on the grounds referred to in Article 9 of this Act before the accession of the Republic of Croatia to the European Union, the person having legal interest may institute a legal action claiming prohibition of the use of such Community design in the Republic of Croatia. The plaintiff has to prove existence of any of these grounds in relation to the Community design.
PROTECTION OF A COMMUNITY DESIGN IN CASE OF INFRINGEMENT
Article 44f
The provisions on the protection of a national design in case of infringement shall apply to the protection against infringement of a Community design.
THE COURT COMPETENT FOR A COMMUNITY DESIGN
Article 44g
(1) The Commercial Court in Zagreb shall be the Community Industrial Design Court of First Instance in the Republic of Croatia, within the meaning of the Regulation on Community designs.
(2) The High Commercial Court shall be the Community Industrial Design Court of Second Instance in the Republic of Croatia, within the meaning of the Regulation on Community designs.“
Article 12
The present “Part Ten” shall become “Part Eleven”.
Article 13
The heading above Article 45 and Article 45 shall be deleted.
Article 14
In Article 46, paragraph 1 the words “and for filing an appeal” shall be added following the word “Act”.
In paragraph 2, the word “appeal” followed by a comma shall be added following the word “application”.
Article 15
The present heading “Part Eleven” which reads “INTERNATIONAL DEPOSIT OF INDUSTRIAL DESIGNS” shall be amended to read “INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS”.
Article 16
The headings above Article 52 shall be amended to read: “INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGN”.
Article 52 shall be amended to read:
“(1) The international registration of industrial designs shall be carried out in accordance with the provisions of the Hague Agreement Concerning the International Deposit of Industrial Designs of 6 November 1925, as revised in the Hague on 28 November 1960 (1960 Act), as complemented in Stockholm on 14 July 1967, with the amendments of 28 September 1979 (Complementary Act of 1967), and the Geneva Act of the Hague Agreement on the International Registration of Industrial Designs, adopted in Geneva on 2 July 1999 (the Geneva Act of 1999) (hereinafter: "the Hague Agreement") and the provisions of implementing regulations to the Hague Agreement.
(2) The applications for international registration of industrial designs shall be filed directly to the International Bureau of the World Intellectual Property Organization (hereinafter: the International Bureau).
(3) All the fees payable for the international registration of industrial designs shall be paid directly to the International Bureau.
(4) In accordance with the provisions of Article 8 of the Hague Act of 1960 and Article 12 of the Geneva Act of 1999, the provisions of this Act shall apply mutatis mutandis to the requests for extension of the effects of the international registration to the Republic of Croatia with the exclusion of Article 34 and Article 35, paragraph 1 of this Act.
Article 17
Following Article 52 a new heading “Part Thirteen”: “APPEAL” is added as well as Article 52a to 52d to read:
“RIGHT TO APPEAL
Article 52a
(1) A party whose request has been fully or partially refused has the right to appeal the decision within 30 days from the day the decision was received.
(2) Other parties to the proceedings ended by the decision which is appealed have the right to be parties to the appeal proceedings.
CONTENTS OF AN APPEAL
Article 52b
In addition to the data which every written submission has to contain, the appeal has to contain:
DECIDING ON AN APPEAL
Article 52c
(1) The Boards of Appeal shall decide at the meetings, by majority vote.
(2) The Boards of Appeal shall make the decision on the basis of the parties’ WRITTEN submissions, and, if they considers necessary or when a party to the proceedings requests so, they may hold a hearing. The parties shall be informed of the hearing not less than 10 days prior to its holding.
THE BOARDS OF APPEAL
Article 52d
(1) The appeals referred to in article 52a of this Act shall be decided on by the Boards of Appeal in the field of industrial property.
(2) The composition and constitution of the Board of Appeal referred to in paragraph 1 of this Article shall be subject to the provisions of the Patent Act.”
The present “Part Twelve” shall become “Part Fourteen”.
Article 18
The headings above Article 53 shall be amended to read: “PERSONS ENTITLED TO CLAIM ENFORCEMENT OF THE RIGHTS”.
Article 53 shall be amended to read:
“(1) In addition to the right holder, or the person authorized by the rightholder in accordance with the general rules on attorney representation, the enforcement of the rights conferred under this Act may be claimed also by the exclusive licensee to the extent to which it acquired the right to exploitation of the industrial design on the basis of a legal transaction or law.”
Article 19
The headings above Article 54 shall be amended to read: “CLAIM FOR DECLARATION OF AND CLAIM FOR TERMINATION OF THE INFRINGEMENT”.
Article 54 shall be amended to read:
“(1) The holder of an industrial design may institute a legal action against a person who has infringed an industrial design by performing without authorization any of the acts referred to in Article 17 of this Act, claiming declaration of infringement.
(2) The holder of an industrial design may institute a legal action against a person who has infringed an industrial design by performing without authorization any of the acts referred to in Article 17 of this Act, claiming termination of the infringement and prohibition of such and similar future infringements.
(3) The holder of an industrial design may institute a legal action against a person who has by performing any of the acts without authorization, caused a serious threat that his industrial design might be infringed, claiming termination of the acts concerned and prohibition of the infringement of the industrial design.
(4) The legal action referred to in paragraphs 1, 2 and 3 of this Article may also be instituted against a person who in the course of his/her business activity renders services used in the acts infringing an industrial design or from which infringement of an industrial design may follow.”
Article 20
The headings above Article 55 shall be amended to read: “CLAIM FOR SEIZURE AND DESTRUCTION OF ARTICLES”.
Article 55 shall be amended to read:
“(1) The holder of an industrial design may institute a legal action against a person who has infringed an industrial design by performing without authorization any of the acts referred to in Article 17 of this Act, claiming that the articles infringing the industrial design 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 at the expense of 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 make sure that they are proportionate to the nature and seriousness of the infringement.”
Article 21
The headings above Article 56 shall be amended to read: “CLAIM FOR DAMAGES, USUAL COMPENSATION AND UNJUST ENRICHMENT”.
Article 56 shall be amended to read:
“(1) The holder of an industrial design may take a legal action against a person who has caused him damages by performing without authorization any of the acts referred to in Article 17 of this Act, claiming compensation of damages pursuant to the general rules on the legal redress laid down in the Obligations Act.
(2) The holder of an industrial design may institute a legal action against a person who has performed without authorization any of the acts referred to in Article 17 of this Act, claiming payment of remuneration in the amount that he/she would have claimed in the license agreement, if concluded.
(3) The holder of an industrial design may take a legal action against a person who has infringed an industrial design by performing without authorization any of the acts referred to in Article 17 of this Act, without having basis for it in any legal transaction, court decision or the law, and has benefited from it, claiming the return 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 filed cumulatively and referred to in paragraphs 1, 2 and 3, the court shall observe the general principles laid down in the Obligations Act.
Article 22
Following Article 56, Articles 56a to 56g are added to read:
“CLAIM FOR PUBLICATION OF THE JUDGEMENT
Article 56a
The holder of an industrial design may claim that the unappealable judgment, even if only partially upholding the claim for enforcement of the industrial design 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 the public communication where 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 judgment specifying the infringement concerned and the person having committed it is published.
A COURT DECISION ON THE VALIDITY OF AN INDUSTRIAL DESIGN
Article 56b
In the proceedings instituted for the purpose of the protection of an industrial design against infringement, the defendant may prove that the registered industrial design is not legally valid on the grounds referred to in Article 9 of this Act.
CLAIM FOR PROVISION OF INFORMATION
Article 56c
(1) The holder of an industrial design, who has instituted civil proceedings for the enforcement of an industrial design in case of infringement, may claim the provision of information on the origin and distribution channels of the goods infringing his/her industrial design.
(2) The claim referred to in Article 1 may be submitted 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 business activities in possession of the goods suspected of infringing an industrial design;
- a person who provides within her/his business activities services suspected of infringing an industrial design;
- persons who provide within their business activities services used in the activities suspected of infringing an industrial design;
- 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 an industrial design;
(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 against whom the claim is directed is also a defendant in the main legal action.
(4) The claim for information on the origin 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 of presenting 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, he/she 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 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 Articles 56f and 56e of this Act regulating the taking of evidence.
PROVISIONAL MEASURES IN CASE OF INFRINGEMENT OF AN INDUSTRIAL DESIGN
Article 56d
(1) Upon the request of the holder of an industrial design who makes it likely that his/her industrial design has been infringed or threatened to be infringed, the court may order any provisional measure aimed at termination or prevention of the infringement, and in particular:
- order the opposing party to cease or desist from the acts infringing the industrial design; the court may also issue such order against an intermediary whose services are being used by a third party to infringe an industrial design;
- order the seizure or removal from the market of the articles which are contrary to the law marked with the industrial design.
(2) Upon the request of the holder of an industrial design who makes it likely that his industrial design has been infringed on a commercial scale for the purpose of acquiring economic benefit, and that such infringement has threatened to cause him irreparable or difficultly reparable harm, 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, which is not directly related to the infringement, including the freezing of his/her bank accounts and other assets.
(3) For the purpose of ordering and executing the provisional measure referred to in paragraph 2 of this Article, the court may require from the opposing party or other relevant persons, the communication of the banking, financial and other economic information, or 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 there is a demonstrable risk of irreparable or difficultly reparable harm of incurring. 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 the circumstances of the case, this would be necessary.
(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, whichever expires later.
(6) The general 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 of ordering provisional measures pursuant to other provisions of this Act and the provisions of the Execution Act.
PROVISIONAL MEASURES PRESERVING THE EVIDENCE
Article 56e
(1) Upon the request of the holder of an industrial design who makes it likely that his industrial design has been infringed or threatened to be infringed, and that there is a likelihood that evidence on the infringement concerned or threatened could not be taken or that it could subsequently become more difficult to take it, the court may order a provisional measure for preserving the 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 of infringing an industrial design, with or without taking of samples;
- seizure of the goods made likely of infringing an industrial design;
- seizure of the materials and implements used in the production and distribution of the goods made likely of infringing an industrial design and the documents relating thereto.
(3) The provisional measure referred to in this Article may be ordered 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 or difficulty reparable harm of incurring.
(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, 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 ordering provisional measures comprising the preservation of evidence pursuant to the provisions of the Civil Proceedings Act.
OBTAINING EVIDENCE IN THE COURSE OF THE CIVIL PROCEEDINGS
Article 56f
(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 holder of an industrial design as a plaintiff in a legal action claims that the infringement of an industrial design has been committed on a commercial scale for the purpose of acquiring economic or commercial benefit, and has make it likely during the proceedings, and where he specifies in the proceedings banking, financial or other commercial 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 Civil Proceedings Act 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 refuse to comply with the court’s invitation to present it, 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 a separate appeal shall not be allowed.
EXPEDITIOUS PROCEEDINGS AND APPLICATION OF THE PROVISIONS OF OTHER ACTS
Article 56g
(1) A legal action concerning the infringement of an industrial design shall be subject to expeditious proceedings.
(2) The provisions of the Civil Proceedings Act or the Execution Act shall apply to the proceedings concerning the infringement of an industrial design.
(3) Upon the request of the court or any of the parties to the proceedings concerning the infringement of an industrial design, the Office or the Board of Appeal shall subject a request for the declaration of the decision on the registration of an industrial design null and void, filed before or in the course of the civil action, 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 the decision on the registration of an industrial design invalid.”
Article 23
Present “Part Thirteen” shall become “Part Fifteen”.
Article 24
In Article 58, paragraph 3 number “8,000.00” shall be replaced by number “10,000.00”.
Following paragraph 4, paragraph 5 shall be added to read:
“(5) A natural person – a craftsman, or a self-employed person committing a misdemeanour referred to in paragraphs (1) and (2) of this Article, in the course of their business activity, shall be punished by a fine from HRK 5.000 to 50.000.”
In the present paragraph 5, which shall become paragraph 6, numbers “1, 2, 3 and 4” shall be replace by numbers “1, 2, 3, 4 and 5”.
Article 25
Present “Part Fourteen” shall become “Part Sixteen”.
TRANSITORY AND FINAL PROVISIONS
Article 26
(1) The administrative disputes initiated before the Administrative Court prior to 1 January 2008, shall be completed before the Administrative Court in accordance with the provisions which were applicable before that date.
(2) A party which instituted a legal action before the Administrative Court prior to 1 June 2008 in accordance with the provisions that were applicable until that date, may request the Administrative Court to stay the proceedings if within 30 days from that day it has submitted an appeal based on the same grounds and same reasons as in the legal action, if an appeal against such an administrative decision is allowed pursuant to the provisions of this Act. The second-instance administrative decision rendered on the basis of that appeal may be challenged in the administrative dispute according to the provisions of the Administrative Dispute Act.
Article 27
The proceedings for the enforcement of the industrial design pending on the day this Act enters into force, shall be completed pursuant to the rules in force before the entry into force of this Act.
Article 28
The Regulations referred to in Article 61 of the Industrial Design Act (Official Gazette, number 173/03) shall be harmonised with the provisions by the Minister competent for the work of the Office, at the proposal of the Director General of the Office, not later than three months following the entering into effect of this Act.
Article 29
This Act shall enter into force on the eight day following the day of its publication in the Official Gazette, except for Articles 2 and 11 on the day of accession of the Republic of Croatia in the European Union and Articles 6 and 17 which shall enter into force on 1 June 2008.
THE ACT ON AMENDMENTS TO THE INDUSTRIAL DESIGN ACT
Article 1
In the Industrial Design Act (OG No 173/03 and 76/07), in Article 2, item 2 the Croatian word translated as “books” is deleted.
Article 2
In Article 31, paragraphs (7) and (8) are added to read:
“(7) An industrial design application to which the filing date has been accorded shall not be subsequently amended by expanding the subject matter the protection of which has been applied for.
(8) On the request of the applicant for or the holder of an industrial design, or ex officio, a correction may be made of the name or address of the applicant for or the holder of an industrial design, respectively, a correction of errors of wording or of copying, or of any other obvious mistakes, provided that such correction does not expand the subject matter, the protection of which has been applied for or which has been protected, respectively.
Article 3
After Article 38, a new heading and Article 38a are added to read:
“CONTINUED PROCESSING
Article 38a
(1) If the applicant for an industrial design registration or the holder of an industrial design 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 the loss of rights conferred by the industrial design application or industrial design, may file a request for the continued processing with respect to the industrial design application or industrial design. The Office shall authorise the continued processing, provided that the applicant:
1. files a request for the continued processing and performs all the omitted acts within the time limit, referred to in paragraph (2) of this Article, and
2. pays the administrative fee and procedural charges.
(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 fee and procedural charges have not been paid, a request for the continued processing shall be deemed not to be filed, and the conclusion to that effect shall be issued by the Office.
(4) T A request for the continued processing shall not be filed, if the 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 Article 29 and Article 30 of this Act,
3. for filing the request referred to in Article 16 of this Act,
4. for filing the appeal referred to in Article 52a of this Act,
5. for filing a request for restitutio in integrum, pursuant to the provisions of the Act on General Administrative Proceedings,
6. for all the acts in the procedures before the Office involving several parties.
(5) If the Office complies with the requirement referred to in paragraph (1) of this Article, the consequences of having failed to comply with a time limit shall be deemed not to have occurred, and all the decisions and conclusions issued by the Office concerning the failure shall be revoked.
Article 4
In Article 44.c paragraph (1) is amended to read:
“(1) Within the meaning of Articles 4, 5, 6 and 9 of this Act, a Community design application and a Community design shall be earlier designs with respect to the national design applications as filed, and national designs as acquired on such applications after the day of the acceptance of the Republic of Croatia as a full member to the European Union.”
Article 5
In Article 44.e, paragraph (2) is deleted.
Article 6
Article 51 is amended to read:
“(1) Foreign legal and natural persons not having a principle place of business, a domicile or a habitual residence in the Republic of Croatia, may exercise the rights under this Act in the procedures before the Office, through authorized representatives only.
(2) The general principles of representation and special conditions under which the persons referred to in paragraph (1) of this Act may exercise the rights under this Act, shall be regulated by special regulations.”
Article 7
In Article 52, paragraph (5) is added to read:
“(5) Having regard to the requirements laid down in paragraph (4) of this Article, the time limit prescribed in Article 33, paragraph (4) of this Act is replaced by the time limit of four months, as from the day following the date of notification on the refusal of protection.”
Article 8
This Act shall enter into force on the eighth day following the day of its publication in the “Official Gazette”.