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Act on Amendments to the Trademarks Act (OG No. 46/2018), Croatia

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Details Details Year of Version 2018 Dates Entry into force: May 26, 2018 Adopted: May 1, 2018 Type of Text Main IP Laws Subject Matter Patents (Inventions), Trademarks, IP Regulatory Body Notes The notification by Croatia to the WTO under Article 63.2 of TRIPS states:
'Following the repeal of the Boards of Appeal in the field of industrial property rights as a second instance authority in all procedures of granting industrial property under the responsibility of the SIPO, the Act on Amendments to the Trademark Act provides for the appeal to be submitted to the Administrative Court in Zagreb against first instance decisions in trademark registration procedures rendered by the SIPO.'

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Main text(s) Main text(s) Croatian Zakon O Izmjenama I Dopunama Zakona O Žigu (NN 46/2018)         English Act on Amendments to the Trademarks Act (OG No. 46/2018)        
 
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 Act on Amendments to the Trademarks Act (OG No. 46/2018)

THE ACT ON AMENDMENTS

TO THE TRADEMARKS

ACT

NN 46/2018, in force from May 26, 2018

Zagreb, May 2018

3May 2018

THE ACT ON AMENDMENTS TO THE TRADEMARKS ACT

THE ACT ON AMENDMENTS TO THE TRADEMARKS ACT

Article 1

In the Trademarks Act (»Official Gazette«, No. 173/03, 54/05, 76/07, 30/09 and 49/11), in Article 20 paragraphs (2) and (3) shall be amended to read:

»(2) The decisions issued by the Office cannot be appealed, but an administrative dispute can be instituted before the Administrative Court in Zagreb.

(3) The procedure referred to in paragraph (2) of this Article is urgent.«.

Article 2 In Article 36a paragraph (4), point 4 shall be deleted. Former points 5 and 6 shall become points 4 and 5.

Article 3 The heading of Part Twelve: »APPEAL«, headings above Articles and Articles 74a to 74d shall be deleted.

Article 4 After the words: »the Office« in Article 79e paragraph (3), the commas and the words: »or the Board of Appeal, respectively,« shall be deleted.

TRANSITIONAL AND FINAL PROVISIONS Article 5

The Minister responsible for supervision of the work of the State Intellectual Property Office shall harmonise the Trademark Regulations (»Official Gazette«, No. 117/07, 66/11, 125/13 and 43/17) with the provisions of this Act within 30 days from the day of the entry into force of this Act.

Article 6

(1) Administrative procedures instituted by the provisions of the Trademarks Act (»Official Gazette«, No. 173/03, 54/05, 76/07, 30/09 and 49/11) where the State Intellectual Property Office as the first instance authority issued the decision until the day of the entry into force of this Act shall be completed in accordance with the provisions of that Act and the regulations issued pursuant to that Act.

(2) Boards of Appeal in the field of industrial property rights established and appointed on the basis of the Patents Act (»Official Gazette«, No. 173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11 and 76/13) shall continue to operate in accordance with the provisions of that Act and the regulations issued pursuant to that Act until all the administrative procedures referred to in paragraph (1) of this Article are completed by reaching final decisions, after which they shall cease to operate. (3) If, because of dismissal of the president or members of the Boards of Appeal referred to in paragraph (2) of this Article, it is not possible to determine the Board of Appeal to decide on an appeal, the procedure of electing or appointing the president or necessary number of members of the Boards of Appeal can exceptionally be conducted in accordance with the provisions of the Patents Act (»Official Gazette«, No. 173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11 and 76/13), for the needs of resolving the case referred to in paragraph (1) of this Article.

Article 7

This Act shall enter into force on the eighth day following the day of its publication in the »Official Gazette«.
 
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 Zakon o Izmjenama i Dopunama Zakona o Žigu NN 46/2018, 18. 05. 2018. (u primjeni od 26. 05. 2018.)

ZAKON O IZMJENAMA I DOPUNAMA

ZAKONA O ŽIGU

NN 46/2018, 18. 05. 2018. (u primjeni od 26. 05. 2018.)

Zagreb, svibanj 2018.

ZAKON O IZMJENAMA I DOPUNAMA ZAKONA O ŽIGU

u Zagrebu.

PRIJELAZNE I ZAVRŠNE ODREDBE

NN 46/2018, 18. 05. 2018. (u primjeni od 26. 05. 2018.) 3

Legislation Amends (1 text(s)) Amends (1 text(s)) Is repealed by (1 text(s)) Is repealed by (1 text(s))
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WIPO Lex No. HR131