Industrial Designs Law in Croatia

30 May 2025 --
0 Comments

In Croatia, industrial design protection is governed by the Industrial Design Act and administered by the State Intellectual Property Office (SIPO). This legal framework aligns with the European Union's design protection system and the Hague Agreement, providing both national and international avenues for design registration.

📝 Registration Process

1. Eligibility Criteria

To qualify for protection, an industrial design must:

Be novel: The design must be new and not previously disclosed to the public.

Possess individual character: The design should create a different overall impression on the informed user compared to existing designs.(Liesegang & Partner)

Not be dictated solely by technical function: The design's appearance should not be exclusively determined by the product's technical function.(Government of Croatia)

2. Application Submission

Applications can be filed using the D-1 and D-2 forms, available on the SIPO website. Applicants can submit applications:(dziv.hr)

Online: Through the SIPO's e-Prijava system, which streamlines the process and reduces costs.(Government of Croatia)

Offline: By mailing the completed forms to the SIPO.

The application must include:

A clear representation or specimen of the design.

An indication of the product in which the design is intended to be incorporated.(IIPLA)

Applicant's details.

Payment of the prescribed application fee.

3. Examination Process

SIPO conducts a formal examination to ensure compliance with procedural requirements. However, it does not assess the novelty or individual character of the design; these aspects can be challenged later in cancellation proceedings .(IP Consulting, Liesegang & Partner)

4. Registration and Publication

If the application meets all requirements, SIPO registers the design and publishes it in the Croatian Intellectual Property Gazette. Publication may be deferred for up to 12 months upon request .(dziv.hr, Government of Croatia)

⏳ Duration and Renewal

Initial Protection: 5 years from the filing date.

Renewal: The protection can be renewed for four additional 5-year periods, totaling up to 25 years .(dziv.hr)

Late Renewal: Possible within 6 months after expiry, subject to additional fees .

🌍 International Protection

Croatia is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, allowing designers to seek protection in multiple countries through a single application filed with the World Intellectual Property Organization (WIPO) .(dziv.hr)

⚖️ Enforcement and Legal Remedies

Registered design owners in Croatia have the right to take legal action against infringement. Remedies include:

Injunctions: Court orders to stop infringing activities.

Damages: Compensation for losses suffered due to infringement.

Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the design.

Designs may also be subject to cancellation proceedings if they do not meet legal requirements or if there are grounds for invalidity .(IP Consulting)