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CROATIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CROATIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CROATIA

Since June 2016
Since April 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Act on the Protection of Undisclosed Information with Market Value (Zakon o Zaštiti Neobjavljenih Informacija s Tržišnom Vrijednošću)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Croatia, the Directive was transposed in the Protection of Undisclosed Information with the Market Value Act of 2018.
Coverage Horizontal

CROATIA

Since April 2016
Since May 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16) (O Načinu I Uvjetima Pristupa I Zajedničkog Korištenja Elektroničke Komunikacijske Infrastrukture I Druge Povezane Opreme)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16), passive sharing is mandated and is effective in both the mobile and fixed sectors.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

CROATIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via the Zagreb Stock Exchange trading system. Following this sale of shares, CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector

CROATIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CROATIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
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[{"post_id":"81430"},{"post_id":"81431"},{"post_id":"81432"}]
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ITA: [{"meta_value":"EU"}]

CROATIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.15%
Coverage rate of zero-tariffs on ICT goods (%)
74.76%
Coverage: Digital goods

CROATIA

Since March 2004, last amended in February 2014
Since December 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

CROATIA

Reported in 2021, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the extensive use of state-owned companies limits the impact of ongoing procurement reforms to promote competition for public funds and increases the risk of conflicts of interest. Moreover, despite major progress in increasing transparency, corruption remains a significant concern, considering that, for instance, some stakeholders report the existence of discriminatory technical specifications in public procurement tenders.
Coverage Horizontal

CROATIA

Since 2003, last amendment in 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Foreign Exchange Act (Zakon o deviznom poslovanju)
Croatian law prohibits any discrimination between investments on the basis of nationality. Foreign investment rules follow a reciprocity principle.
Coverage Horizontal

CROATIA

Since February 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act (OG No. 16/2020) (Zakon o patentu NN 16/2020)
Art. 17 of the Patent Act establishes that foreign companies must act through a representative in order to register a patent with the Croatian Intellectual Property Office. In addition, a translation of the patent shall be provided in Croatian at least two months after filing.
Coverage Horizontal

CROATIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Croatia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BULGARIA

Since March 2010, entry into force in May 2010, last amended in 2018
Sine July 1999, as amended in December 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Radio and Television Act (Закон за радиото и телевизията)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
Coverage On-demand audiovisual service

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