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
CROATIA
Since May 2001
Since October 2021
Since October 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Croatia has a clear copyright exception regime, as incorporating European Union Directives relating to copyright. Such limitations are contained in Part IV
(Content limitations on copyright and related rights) of the Copyright Act, which provides, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyrighted work
- Reproduction for private use
- Ephemeral recordings
- Educational and scientific institutions and libraries
- Collections intended for teaching or scientific research
- Use of copyright works for disabled persons
- Use for judicial, administrative or other official proceedings
- Use for teaching
- Use of the copyrighted works to inform the public
- Quotations
- Parodies and caricatures.
Croatia has a clear copyright exception regime, as incorporating European Union Directives relating to copyright. Such limitations are contained in Part IV
(Content limitations on copyright and related rights) of the Copyright Act, which provides, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyrighted work
- Reproduction for private use
- Ephemeral recordings
- Educational and scientific institutions and libraries
- Collections intended for teaching or scientific research
- Use of copyright works for disabled persons
- Use for judicial, administrative or other official proceedings
- Use for teaching
- Use of the copyrighted works to inform the public
- Quotations
- Parodies and caricatures.
Coverage Horizontal
Sources
- https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr154en.pdf
- https://web.archive.org/web/20240119142930/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=celex:32001L0029
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- Show more...
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 March 2004, last amended in February 2014
Since December 2016
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)
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.
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
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230209081932/https://narodne-novine.nn.hr/clanci/sluzbeni/2016_12_120_2607.html
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
- Show more...
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
Sources
- https://web.archive.org/web/20221010033652/https://ec.europa.eu/regional_policy/sources/policy/how/improving-investment/public-procurement/study/country_profile/hr.pdf
- https://web.archive.org/web/20220305190149/https://www.oecd.org/corporate/OECD-Review-of-the-Corporate-Governance-of-State-Owned-Enterprises-Croatia.pdf
- https://web.archive.org/web/20240123154213/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- Show more...
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
Sources
- https://web.archive.org/web/20231130040717/https://www.schoenherr.eu/content/has-croatia-implemented-fdi-screening-mechanism/
- https://web.archive.org/web/20241109060310/https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://web.archive.org/web/20221117115818/https://www.oecd.org/investment/OECD-Investment-Policy-Review-of-Croatia-Overview-Assessment.pdf
- Show more...
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
Sources
- https://web.archive.org/web/20230327052545/https://www.ip-coster.com/IPGuides/c/intellectual-property-croatia
- https://web.archive.org/web/20241205200203/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr150en.pdf
- https://www.wipo.int/pct/en/pct_contracting_states.html
- Show more...
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)
1.22%
Coverage rate of zero-tariffs on ICT goods (%)
79.2%
Coverage: Digital goods
BELGIUM
Since June 2014
Since February 2013, last amended in April 2022
Since February 2013, last amended in April 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Code of Economic Law (Code de Droit Economique)
Code of Economic Law (Code de Droit Economique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Chapters VI.-XII on Market Practices and Consumer Protection of the Code of Economic Law.
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BELGIUM
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BELGIUM
Since 2005
Pillar Intermediary liability |
Sub-pillar User identity requirement
Electronic Communications Act of 13 June 2005 (Loi relative aux Communications Électroniques - 13 Juin 2005)
Providers of electronic communication services have the legal obligation to identify their customers, as regulated by the Electronic Communications Act.
Coverage Electronic communication services
Sources
BELGIUM
Since April 2019
Since June 2022
Since June 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Law transposing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC
Law transposing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19)
In 2022, the Chamber of Representatives adopted the Law Transposing Directive (EU) 2019/790, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
In 2022, the Chamber of Representatives adopted the Law Transposing Directive (EU) 2019/790, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20241129132510/https://www.ejustice.just.fgov.be/eli/loi/2022/06/19/2022015053/justel
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
- Show more...