Geographical Indications Law in Croatia
Croatia has a well-established legal framework for the protection of Geographical Indications (GIs) and Designations of Origin, primarily governed by the Act on Geographical Indications and Designations of Origin of Products and Services (Official Gazette Nos. 173/2003, 76/2007, 49/2011). This Act aligns with European Union regulations and international agreements to safeguard products with specific qualities, reputation, or other characteristics attributable to their geographical origin
Key Provisions of the Croatian GI Law
1. Definitions
Geographical Indication (GI): A name or sign used on products or services that originates in a specific region and possesses qualities, reputation, or other characteristics inherent to that location
Designation of Origin: A more stringent form of GI where the product's quality or characteristics are exclusively or essentially due to the geographical environment, including natural and human factors.
2. Protection Criteria
Protection is granted if the name:
Identifies a product or service originating from a specific geographical area.
Possesses qualities or characteristics attributable to that origin.
Is not misleading to the public regarding the true origin.
Has not become a generic term.
3. Registration Process
Application: Initiated by filing a request with the competent authority, detailing the product's origin, characteristics, and production methods.
Competent Authorities:
State Intellectual Property Office (DZIV): Handles GIs for products and services not covered by specific regulations.
Ministry of Agriculture: Manages GIs related to foodstuffs and wines, in accordance with the Act on Foodstuffs and the Act on Wine.
4. Rights and Obligations
Protection Scope: Registered GIs and Designations of Origin are protected against misuse, imitation, or evocation, even if the true origin is indicated.
Use Rights: Only authorized producers within the specified geographical area and adhering to the established specifications can use the protected names.
Enforcement: Violations can lead to administrative penalties, including fines and the closure of premises involved in infringement.
5. International Recognition
Croatia is a member of the European Union, and as such, its GIs and Designations of Origin benefit from EU-wide protection. Additionally, Croatia participates in international agreements related to the protection of GIs, enhancing the global recognition of its unique products.
Example: "Slavonian Kulen"
One notable example of a Croatian GI is Slavonian Kulen, a traditional dry sausage from the Slavonia region. Its production involves specific methods and ingredients unique to the area, contributing to its distinctive taste and quality. The protection of "Slavonian Kulen" ensures that only producers within the designated region, following traditional practices, can use the name, preserving its authenticity and reputation.
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