- I. GENERAL PROVISIONS
- II. PROTECTION GRANTING PROCEDURE
- RIGHT OF USE
- III. ENTRY PROCEDURE
- PROCEDURE CONCERNING THEENTRY OF USERS IN THE REGISTER
- IV. PROCEDURE FOR EXAMINATION OF AN APPLICATION
- OPPOSITION
- V. ENTRY IN REGISTER AND THE RIGHTS EMANATING THEREFROM
- ENTRY IN THE REGISTER OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN
- ENTRY IN THE REGISTER OF AUTHORISED USERS
- SECOND INSTANCE PROCEEDING
- CONTENTS OF THE ENTRY IN REGISTER
- REGISTER OF AUTHORISED USERS
- PUBLICATION
- MANNER OF USE
- CERTIFICATE
- LIMITATIONS AS TO DISPOSITION
- DURATION OF PROTECTION
- DURATION AND RENEWAL OF THE RIGHT
- OF USE AND THE ENTRY OF CHANGES
- VI. CANCELLATION OF ENTRY
- VII. EXERCISE OF RIGHTS
- VIII. APPLICATION OF SPECIAL PROVISIONS
- IX. TRANSITIONAL AND FINAL PROVISIONS
- ACT MENDING AND SUPPLEMENTING THE GEORGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN OF PRODUCTS AND SERVICES ACT*
- ACTON AMENDMENTS TO THE ACT ON GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN OF PRODUCTS AND SERVICES**
NN 173/2003, in force from January 1, 2004
*NN 76/2007, in force from July 31, 2007
**NN 49/2011, in force from May 7, 2011
Zagreb July, 2011
ACT ON GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN
OF PRODUCTS
AND SERVICES
And
ACT AMENDING AND SUPPLEMENTING THE GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN OF PRODUCTS AND SERVICES ACT*/**
Article 1 This Act regulates the manner of acquisition, the system of protection and the exercise of the right to use a geographical indication and a designation of origin of products and services. The provisions of this Act shall not apply to products and services in such part in which the system of protection and the exercise of rights to use a geographical indication and a designation of origin are governed by special regulations. Article 2 Geographical indication is the name of a region, a specific place or, in exceptional cases, of a country, used to describe products or services originating in that region, place or country, and possessing a specific quality, reputation or other characteristic attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the specific geographical area. Any other indication identifying a product or a service originating in a certain geographical area shall be a geographical indication, if it fulfils the requirements referred to in paragraph (1) of this Article. Article 3 Designation of origin shall be the name of a region, a specific place or, in exceptional cases, a country, used to indicate products or services originating in that region, the specific place or country, and the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which entirely take place in that specific geographical area. Designation of origin shall also be considered a name, which is not the administrative geographical name of a specific country, of a region or a place and which, due to its long-term use in trade, has become the common name of a product originating in that area, if it fulfils the requirements referred to in paragraph (1) of this Article. Article 4
Traditional geographical or non-geographical names used to identify a product or a service originating in a region or a specific place may be registered as designations of origin, where such a product or service fulfils the requirements provided for under Articles 3 and 5 of this Act.
Article 5
In exceptional cases, a product may be protected by a designation of origin where the designation has an established traditional characteristic, exceptional reputation and renown, where the raw materials for the production of this product originate from a region wider than or different from the processing area, provided that the production area of the raw materials is limited, that special conditions for the production of the raw materials exist, and that the system of inspection exists to ensure that those conditions are adhered to.
Article 6 A geographical indication and a designation of origin may be in a verbal form, and a geographical indication of origin may as well be in a figurative form. A geographical indication and a designation of origin in verbal form may contain one word or a group of words corresponding to the name of a specific geographical area, including it or referring to it. A geographical indication in a figurative form may be a cartographic representation or any other symbolic representation indicating that a product or a service originates in a specific geographical area.
Article 7
A geographical indication and a designation of origin may not grant protection to the name of the place of origin of a product or a service: if it creates confusion in the public as to the geographical origin of products or services; if it suggests that the relevant product or service originates in a geographical area other than the true place of origin in a manner misleading the public as to the geographical origin thereof; if it may, by its appearance or contents create confusion in trade in respect of the kind, origin, quality, manner of production or other characteristics of the products or services; if it has, due to its long-term use in everyday speech, lost its geographical meaning and has become a generic name if it is identical with the name of a plant variety or an animal breed, where it would mislead the public as to the geographical origin of a product or a service; if it is contrary to public order and morality; if it has not been protected or is no longer protected, or has fallen into disuse in the country of origin. Article 8 A generic name means the name of a product or a service, which has become a common name of that product or service, although it relates to the place where the product or service was originally produced or put on the market. The name of the place of origin protected by a geographical indication may not become a generic name during the period of protection defined by this Act. To establish whether or not a name has become generic pursuant to paragraph (1) of this Article account shall be taken of all the factors, in particular the existing situation in the geographical area in which that name originated and in the areas of consumption of the product. Article 9 Where the names of two or more places of origin of products or services are identical or almost identical in writing (homonyms), the protection of such names by a geographical indication or a designation of origin shall be granted to all the interested parties complying with the requirements provided for by this Act, and in the manner provided for by the Regulations on geographical indications and designations of origin of products and services governing the implementation of this Act (hereinafter referred to as: the Regulations), in accordance with the principles of equitable treatment of producers on the market, truthful informing of consumers, and doing business in good faith. The user of a homonym shall provide sufficient information on the label or packaging material regarding the true origin of the product, so as to differentiate one homonym from another, and not to mislead the public. Article 10 The rights and obligations provided under this Act shall refer to domestic legal and natural persons, and to foreign legal and natural persons, with hereby provided limitations for foreign persons. Foreign persons may apply for protection of a geographical indication or a designation of origin and the entry of authorised users, if they have been granted such rights in the country of origin and if they comply with the requirements defined in this Act. The term “country of origin” for the purpose of this Act shall cover likewise the regional system under which the registration of a geographical indication and a designation of origin have been carried out for products originating in the territory of one or several Member States. A foreign person may use the rights referred to in paragraph (2) of this Article when emanating from bilateral or international treaties on mutual protection of geographical indications that the Republic of Croatia has concluded or ratified.
Article 11 The legal protection of geographical indications and designations of origin of products and services shall be established in the administrative procedure carried out by the State Intellectual Property Office (hereinafter: the Office). The decision issued in the procedure referred to in paragraph (1) of this Article shall be final, and no appeal may be filed against these, but an administrative lawsuit may be initiated. Article 12 The protection of the name or other indication of the place of origin of products or services by a geographical indication shall be established by the entry in the Register of geographical indications. The protection of the name of the place of origin of products or services by a designation of origin shall be established by the entry in the Register of designations of origin. Article 13
The following shall have the right to file an application for the entry of a geographical indication or a designation of origin into the register: Association of producers and/or processors of a specific product or providers of services, irrespective of the legal status thereof; Individual producer and/or processor, irrespective of whether a natural person or a legal person, only in the case: where he is, at the time of filing of such an application, the sole producer or processor of the product or provider of the service in respect of which he is applying for the registration of a geographical indication or a designation of origin, where he is the only to use original and unchangeable local procedures, and where a geographical area has characteristics which significantly differ from the characteristics of neighbouring areas and/or where characteristics of products differ; Bodies of local and regional self-government, chambers and institutions interested in the protection of geographical indications or designations of origin within the scope and territory of their activities. Article 14 Foreign legal and natural persons not having a principal place of business, a domicile or a habitual residence on the territory of the Republic of Croatia may initiate actions before the Office solely through authorised agents entered in the specific register with the Office. The provision of paragraph (1) of this Article shall apply also to the nationals of the Republic of Croatia not having a domicile or a habitual residence on the territory of the Republic of Croatia. Article 15
Persons complying with all the requirements provided for under this Act and who have been entered in the relevant Register of users may use a protected geographical indication or a protected designation of origin.
Article 16 Registered geographical indications and designations of origin shall be protected against: The use by a person not performing the required activity and who has not been entered in the relevant register; Any use to identify products and services the quality, reputation or any other characteristic of which is of a lower quality than that entered in the register in respect of the protected indication; Any use to identify products or services which are not covered by the registration, but which are of the same kind as the products and services covered by the registration; Any use of false or misleading information as regards the geographical origin, nature or quality of a product or a service on the packaging, advertising materials, or other documents, suggesting a relation between the product or service and the protected name; Any use, though entirely authentic as regards the name of the territory, region or place in which a product or a service originates, misleading the public that the product or the service originate from another area; Any use of translation or transliteration, even where a true origin of products or services is indicated, and any use of the protected name, which is accompanied by a term: “style”, “type”, “manner”, “according to process”, “method”, “produced in”, “imitation”, and the like; Any other practice liable to mislead the public as to the geographical origin of a product or a service. The prohibition referred to in paragraph (1) of this Article shall not apply to the use of the name being a part of a company’s name, except where such name is used with the aim to mislead the public. Article 17 A trademark for which an application has been filed or it has been registered or used in good faith before the filing of a request for the entry of a geographical indication or a designation of origin, and which is used to identify products and services identical with or of the same kind as a protected geographical indication or a designation of origin may continue its use, and shall not be invalidated for containing a geographical indication in its name. A trademark consisting of or containing a geographical indication or a designation of origin, and applying to products or services not originating from the indicated area, shall be invalidated, if the use of such indications is liable to mislead the public as to the true origin of a product or a service. The invalidation procedure shall be instituted ex officio, or at a request of an interested person. Article 18
A user of a geographical indication is entitled to add to a protected name the encircled sign “GO” for a geographical indication, or the encircled sign “I” for a designation of origin.
Article 19 The Office shall keep a register of filed applications for the protection of geographical indications, and a register of protected geographical indications acquired pursuant to the provisions of this Act. The Office shall keep a register of filed applications for the protection of designations of origin and a register of protected designations of origin acquired pursuant to the provisions of this Act. An entry in the register shall be made in the Croatian language, and a foreign person shall attach to the certified translation in the Croatian language a public document in the official language of the country of origin. Information for the entry in the register shall be provided for in the Regulations. The registers referred to in paragraphs (1) and (2) of this Article shall be public and available for inspection to any interested person free of any special fees or charges. Any interested person may request the Office for a printout or an excerpt from the register subject to the payment of the prescribed fees. Article 20 The procedure for the entry of a geographical indication or a designation of origin of products or services in the register shall be instituted upon a written application with a specific request. A request contained in the application may refer to the protection of only one geographical indication or designation of origin, relating to only one type of products or services. The application shall be filed to the Office in the form provided for in the Regulations. If an application has been filed by a facsimile, the applicant shall file its original not later than within 15 days as from the filing made by a facsimile. Article 21
An application for the entry of a geographical indication or a designation of origin in the register shall contain the following: A request for the entry of a geographical indication or a designation of origin in the register; A specification (description); The evidence on the protection of a geographical indication or a designation of origin in the form of a true copy of a public document or other legal document in the official language of the country of origin or a certified translation into the Croatian language, if the applicant is a foreign person; The evidence of the effected payment of the administrative fee and procedural charges; A power of attorney, if the applicant is represented by an authorised representative or an authorised person; A signature of the applicant, or his representative, or the authorised person. Article 22
A request for the entry of a geographical indication or a designation of origin in the register shall contain: Data identifying the applicant, including the data identifying the association filing a request and any producer, or provider of services belonging to that association; A geographical indication or a designation of origin intended to be protected; Data identifying the kind of a product or a service to be designated by a certain geographical name or any other indication; The evidence of the right to file an application, if the applicant is a natural person referred to in Article 13, paragraph 1, item 2 of this Act; A short summary of the description, corresponding to the content of the attached specification referred to in Article 21 of this Act; The data concerning the representative, or the authorised person, if any; A signature of the applicant, or the representative, or the authorised person. Article 23 The specification of a geographical indication shall contain the following: The name of a product or a service; Special characteristics, with detailed and professional description, indicating that the products or services have a special quality, reputation or other special characteristics; Precise identification of a geographical region to which a request relates; Other data indicating that the products or services have a special quality, reputation or other special characteristics; The specification may also contain data concerning special characteristics of raw materials or information on a special manner to use products or services, and other information considered necessary by the applicant to certify that the indications given in the application in fact concern the products and services of a special quality, reputation or any other special characteristics. The specification shall give a clear and complete description of all the indications showing the link between special characteristics of products and services for which geographical indication is requested and the geographical area in which they originate. If the same geographical indication is used to identify several different products or services, a specification shall be submitted for each product or service separately. Article 24
The specification of a designation of origin shall contain the following: The name of the product or service; A description of the product or service, including the raw material, clearly indicating that the specific quality and characteristics of a product or a service exclusively or decisively developed under the influence of special natural and human factors of a specific geographical area. A definition of the geographical area and a definition of the area from which the raw materials may originate if different from the processing area, and in the latter case the evidence that the requirements under Article 5 of this Act have been complied with; A description of the method for obtaining the product and, if appropriate, the authentic and unvarying local methods; Specialties in providing services related to the geographical area. Article 25 The procedure concerning the entry of users of a geographical indication or a designation of origin in the register shall be initiated by filing an application for the entry of the right of use. This application may be filed by a person likewise filing an application for the entry into the register of geographical indications or designations of origin referred to in Article 13 of this Act. If an association of producers or processors is the applicant for the entry of the rights of use, the application shall be filed on behalf of the members of this association. In the case referred to in Article 13, paragraph (1), item 3, the process for the entry in the register of the right of use may be instituted by producers or processors of goods or persons performing services to which geographical indications or designations of origin apply, provided they comply with the requirements referred to in this Act and the Regulations. An application for the entry of the right of use a geographical indication or a designation of origin in the register shall contain the following: A request for the entry of the right of use of a geographical indication or a designation of origin in the register; Evidence of performing a specific activity; Evidence provided by the applicant that he has entrusted a competent inspection authority or any other professional body with regular control of compliance with the requirements for the right of use of a geographical indication as laid down in Article 23, or the right to use a designation of origin, as laid down in Article 24 of this Act. Evidence provided by the competent inspection authority or any other professional body regarding the control of products or services carried out in the manner laid down in Article 23 of this Act, for the entry of the right of use of the protected geographical indication, or in Article 24, for the entry of the right of use of the protected designation of origin in the register; Other information provided for by the Regulations. Article 26
A request for the entry of the right of use of a geographical indication or a designation of origin in the register shall contain: Information identifying the applicant; The name of a product or a service for which the entry is sought; Evidence of the payment of fees, or charges; A signature of the applicant, or the representative or the authorised person.
Article 27 The Office shall carry out formal examination of the correctness of the filed application in order to establish whether the requirements, provided for in Articles 21 to 26 of this Act have been complied with. If the Office establishes that the application is not correct, it shall deliver to the applicant the examination results containing reasons owing to which the application may not be considered correct, and invite him to remedy the deficiencies within the time limit of 30 days. At a reasoned request of the applicant, the Office may extend the time limit referred to in paragraph (2) of this Article, which shall not exceed six months as from the first invitation to correct. If the applicant fails to remedy the application or fails to pay the prescribed fee and charges within the provided time limit, the Office shall issue a decision on the rejection of the application for the protection of a geographical indication or a designation of origin, or the application for the entry of the right of use of a geographical indication or a designation of origin. Article 28 After formal examination of the filed application referred to in Article 21 or 25 of this Act has been concluded, and if the application is correct, the Office shall carry out substantive examination of the filed application. If established that the application does not comply with the necessary requirements, the Office shall deliver to the applicant the examination results with the reasons owing to which the protection of the geographical indication or the designation of origin shall not be granted, or the right of use thereof shall not be granted, and shall invite him to make observations on the mentioned reasons within a specific time limit. At a reasoned request of the applicant, the Office may extend the time limit referred to in paragraph (2) of this Article, which shall not exceed six months as from the invitation to make observations. If the applicant makes no observation at all or if he does, and the Office considers that a geographical indication or a designation of origin as applied for shall not be protected, or that a specific person shall not be granted the right of use, the Office shall refuse a request for the protection of a geographical indication or a designation of origin, or a request for the grant of the right of use of a geographical indication, or a designation of origin. If the Office establishes in the procedure carried out that the application for the protection of a geographical indication or a designation of origin complies with the formal and substantive granting requirements it shall publish the application and thus make it available to public. Article 29 An application for the protection of a geographical indication or a designation of origin shall be published in the official gazette of the Office. The contents of information contained in the application to be published shall be provided for by the Regulations. Article 30 Any interested person having its principle place of business or domicile in the territory of the Republic of Croatia may file, within a prescribed time limit, an opposition to the published application for a geographical indication or a designation of origin, if he/she considers that it does not comply with the requirements provided for by this Act. The owner of a trade name or a registered trademark may file, within the prescribed time limit, an opposition to the published application of a geographical indication or a designation of origin, if it is in its entirety or in part identical with that trade name registered in good faith and if its protection would jeopardise the right of that trade name or trademark, having regard to the actual likelihood of confusion. The right of opposition shall pertain to the owner of a trademark having acquired special reputation and renown through prior continuous use, if the protection of a geographical indication or a designation of origin, may mislead the consumer as to the true origin of the product. The opposition to the acquisition of the right of use shall not be filed. The opposition shall be filed with the Office within three months from the date of publication of the application in the official gazette of the Office, and shall contain the relevant evidence proving that the geographical indication or designation of origin applied for shall not be protected under this Act. If the Office establishes that the opposition does not comply with the formal requirements referred to in this Article, because the opponent did not file the opposition within the prescribed time limit, or has not submitted any of the required evidence, it shall issue a decision on the rejection of the opposition and shall inform the applicant and the opponent thereof. If the Office establishes that the opposition is in compliance with the necessary formal requirements, it shall continue with the opposition procedure. Article 31 The Office shall deliver the opposition supported with evidence to the applicant for the entry of a geographical indication or a designation of origin in the register, and shall invite him to give his observations regarding allegations in the opposition and supporting evidence, within the time limit of 30 days as from the date of the delivery thereof. At a request of the applicant, who shall prove that the request is justified, the Office may extend the time limit for not more than another 30 days. If the applicant fails to submit his observations on the opposition within the prescribed time limit, the Office shall suspend the procedure on the filed application. Upon the receipt of the observations on the opposition, the Office shall examine whether it is justified. If established necessary for issuing a decision on the opposition, the Office may consult a relevant institution or an individual expert, on open issues addressed in the opposition. If the Office finds the opposition unjustified, the opposition shall be refused, and a decision to that effect shall be delivered to the opponent, and to the applicant. If the Office establishes in the opposition examination procedure that the opposition is justified, it shall refuse the application for a geographical indication or a designation of origin, and notify the decision to that effect to the opponent and to the applicant. Article 32 I. GENERAL PROVISIONS
SUBJECT MATTER OF THE ACT
GEOGRAPHICAL INDICATION
DESIGNATION OF ORIGIN
TRADITIONAL NAMES
ORIGIN OF RAW MATERIALS
FORM
EXCLUSION FROM PROTECTION
GENERIC NAMES
HOMONYMS
DOMESTIC AND FOREIGN PERSONS
II. PROTECTION GRANTING PROCEDURE
COMMON PROVISIONS
MANNER OF GRANTING PROTECTION
PERSONS ENTITLED TO FILE AN APPLICATION
REPRESENTATION OF FOREIGN PERSONS
RIGHT OF USE
HOLDERS OF THE RIGHT OF USE
PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN
RELATION TO TRADEMARKS
INDICATION OF THE RIGHT OF USE
III. ENTRY PROCEDURE
REGISTERS
INSTITUTION OF ENTRY PROCEDURE
APPLICATION
REQUEST FOR ENTRY IN THE REGISTER
SPECIFICATION OF GEOGRAPHICAL
INDICATION
SPECIFICATION OF DESIGNATION OF ORIGIN
PROCEDURE CONCERNING THE
ENTRY OF USERS IN THE REGISTER
APPLICATION
REQUEST FOR THE ENTRY OF
THE RIGHT OF USE IN THE REGISTER
IV. PROCEDURE FOR EXAMINATION
OF AN APPLICATION
FORMAL EXAMINATION
SUBSTANTIVE EXAMINATION
PUBLICATION OF AN APPLICATION
OPPOSITION
OPPOSITION PROCEDURE
EXAMINATION OF THE OPPOSITION
V. ENTRY IN REGISTER AND THE RIGHTS EMANATING THEREFROM
ENTRY IN THE REGISTER OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN