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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:[email protected]