INTELLECTUAL PROPERTY RIGHTS

COMMERCIALIZATION AND ENFORCEMENT

SKOPJE, 1st – 3rd MARCH 2009

REPUBLIC OF CROATIAMINISTRY OF THE INTERIOR

POLICE DISTRICT of SPLITSKO-DALMATINSKAECONOMIC CRIME DEPARTMENT

ANTE ŠUŠAK, CHIEF INSPECTOR

CONTENT

1.) IP in Croatia – Introduction2.) Forms of IP3.) IP Legislation (International and Domestic)4.) Components of national system of intellectual

property5.) MOI – Territorial organization6.) Negotiations for the accession of the Republic of

Croatia to the EU 7.) Results – Action Author + Case studie

Intellectual property in Croatia: Introduction – I

Creative or artistic realization of an idea which is a result of human intellect belongs to its creator and, under certain circumstances, represents his/her intellectual property.

Although non-tangible in a physical sense, intellectual property has all the characteristics of property, so it can be bought, sold, licensed, exchanged, presented as a gift and inherited like any other property.

Intellectual property law comprises a system of legal instruments regulating the manner of acquisition of intellectual property and

Intellectual property in Croatia: Introduction – II

Intellectual property comprises copyright and related rights, and industrial property rights.

– Copyright is the exclusive right of authors to dispose of their literary, scientific or artistic works, and works covering other fields of creativity; related rights relate similarly to the rights of performers, the producers of phonograms and broadcasting organizations;

– Industrial property comprises the rights by which manufacturers protect from competitors their business interests, their position on the market and their investments in research, development and promotion.

FORMS OF INTELLECTUAL PROPERTY

INDUSTRIAL PROPERTY

Patents

Trademarks

Industrial designs

Geographical indications and designations of origin

Topographies of semiconductor products

COPYRIGHT AND RELATED RIGHTS

COPYRIGHT:

literary works

musical works

dramatic or dramatic-musical works

choreographic works and works of pantomime

works of visual art

works of applied art

photographic works

cinematographic works

translations and other alterations of works

collections of copyright work, data or other materials

RELATED RIGHTS

performances

phonograms

broadcasts

IP LEGISLATIONCOPYRIGHT• Copyright and Related Rights Act • Copyright Act of World Intellectual Property Organisation (WPO)• Regulation on the professional standards to perform the exercise of copyright and related

rights• Regulations on fees to public performance and communication of musical works and fees for

using musical performing materials• Regulation on the fees for public performance and public communication of musical works• Regulations on fees for exploiting recorded performances by performing artists

PHONOGRAMS (discography):• Treaty on the performance and fonograms of WPO• Convention for the Protection of artist performers, phonogram producers and

organizations Broadcasting• Convention for the protection of phonogram producers of unauthorised copying

their phonogram• Tariff of fees for broadcasting, public communication and other forms of

exploitation of phonogram

INVENTIONS AND PATENTS:• Protection of inventions, technical improvements and characters distinguishing• Law on protection of inventions, technical improvements and characters distinguishing • Patent Act• Patent Regulations• Pantent Cooperation Treaty• Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes

of patent proceedings• Strasbourg agreement on the international classification of patents • Agreement between the Government of the Republic of Croatia and the European Patent

Organization Patent Cooperation

TRADEMARKS:• Trademark Act• Trademark regulations• International agreement on international registration of marks

INTEGRATED SYSTEMS:• Act on Protection of Topographies of Semiconductor Products• Regulation on schedule plans integrated circuits

LABELS OF PRODUCT ORIGIN:

• Law about geographical origin labels and labels of authenticity of products and services• Law about geographical origin labels of products and services• Regulation on the geographical origin labels

INDUSTRIAL PROPERTY:• Law on industrial property• Regulation on the submission of applications by the Law on Industrial Property

INDUSTRIAL DESIGN AND CONFIGURATION:• Law on industrial design• Law on the form of industrial • Regulation on the form of industrial• Hague Agreement concerning the international storage of industrial design• Geneva Act Hague Agreement on international registration of industrial design

CRIMINAL CODE

• Violation of Copyright or of the Rights of Performing Artists (Article 229)

• Illicit Use of an Author’s Work or an Artistic Performance (Article 230)

• Violation of the Rights of Producers of Audio or Video Recordings and the Rights Related to Radio Broadcasting (Article 231)

• Violation of Patent Rights (Article 232)

• Infringement of Industrial Property Rights and Unauthorized Useof Another's Company Name (Article 285)

COMPONENTS OF NATIONAL SYSTEM OF INTELECTUAL PROPERTY

1.) INSTITUTIONS FOR RIGHT ACQUIREMENTA. State Office for Intellectual Property

2.) INSTITUTIONS FOR RIGHT ENFORCEMENTA. Police, Customs Administration, State

Inspector’s Office, Market Competition Agency

B. State Attorney’s Office, Judiciary

3.) Legislative Regulations– Domestic legislation– International contracts

4.) Organs of Civil Society– Members and lawyers– Chambers

5.) International organizations- WIPO, WTO, World custom organisation- EPO

TERRITORIAL ORGANIZATION POLICE DISTRICTSPOLICE DISTRICTS

I. CATEGORY1. PD zagrebačka

II.CATEGORY

2. PD splitsko - dalmatinska3. PD primorsko - goranska4. PD istarska5. PD osječko - baranjska

III.CATEGORY

6. PD dubrovačko - neretvanska7. PD karlovačka8. PD sisačko - moslavačka9. PD šibensko - kninska10. PD zadarska11. PD vukovarsko - srijemska

IV.CATEGORY

12. PD bjelovarsko - bilogorska13. PD brodsko - posavska14. PD koprivničko - križevačka15. PD krapinsko - zagorska16. PD ličko - senjska17. PD međimurska18. PD požeško - slavonska19. PD varaždinska

20. PD virovitičko - podravska

On advice of State Intellectual Property Office, in November 2005., Government of Republic of Croatia brought NATIONAL STRATEGY FOR DEVELOPMENT OF INTELECTUAL PROPERTY SYSTEM OF REPUBLIC OF CROATIA FROM 2005 – 2010, with which was defined strategy point and strategy goals

NEGOTIATIONS FOR THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EU – CHAPTER 7: INTELLECTUAL PROPERTY LAW:

• On 7th conference for access of Croatia to European Union which was held on December 19th 2008. on ministerial level, the Chapter 7 was temporarily closed

RESULTS OF FIGHTING AND PREVENTING

COPYRIGHT WORKS FRAUD

ACTION “AUTHOR”

RESULTS OF TREATMENT

REGISTERED PERSONS

NUMBER of criminal activities

1994. 391 375

1995 223 219

1996. 174 167

1997. 186 186

1998. 323 380

1999. 289 410

2000. 288 348

2001. 557 465

2002. 458 628

2003. 331 730

T O T A L 3.220 3.908

391

223

174186

323

289 288

557

458

331

730

628

465

348

410380

186167

219

375

0

100

200

300

400

500

600

700

800

1994. 1995. 1996. 1997. 1998. 1999. 2000. 2001. 2002. 2003.

Person Criminal act

NUMBER OF PERSONS AND CRIMINAL ACTS

EXAMPLE FROM USAGE: FORGED EQUIPMENT FOR HERBAL

PROTECTION “HERBOS”, SISAK• Starting state:

– equipment for herbal protection are offered for lower price than market price,

– Cash payment– Buying and selling without documentation

• Cooperation Ministry of the Interior and Ministry of Agriculture, Fisheries, and Rural Development

In warehouse on address XY was founded large amount of herbicide

IN WAREHOUSE WAS FOUNDED:

• 122.364 liters of herbicide RADAZIN T-50, of which: – 23.040 liters – original product, – 99.324 liters - forged product

• 24 liters of original herbicide PROHELAN – T• 9.900 liters of forged herbicide BRAVO RADAZIN – T (SE)• 21.780 liters of forged herbicide RADAZIN EXTRA • 12 liters of original herbicide GALIUM

• MACHINE FOR STICKING DECLARATIONS ON PACKAGES so called: DOCKET-MACHINE

• Hand fork-lift

D E F I N E D :• Reasonable doubt that two persons commited

three criminal matters:– abuse of Industrial Property Law– Uncomitted production– Illicit trade

• Damage: about 7.000.000 KN (950.000 €)• Amount of deprived products is sufficient for

cca. 10-15% of agricultural area in Republic of Croatia

THANK YOU

FOR YOUR ATTENTIONE-mail:asusak@mup.hr