CROATIA
Since April 2016
Since May 2014
Since May 2014
Pillar Telecom infrastructure and 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)
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
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.
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
Since June 2016
Since April 2018
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
Act on the Protection of Undisclosed Information with Market Value
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 Market Value Act of 2018.
Coverage Horizontal
CROATIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Croatia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CROATIA
Reported in 2018 and 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright
There are reports of concerns with regard to the enforcement of copyright in Croatia. Stakeholders argue that the prosecution of IP infringements and the resolution of commercial disputes is time-consuming and costly. However, it is reported that the rate of unlicensed software installation in the country was 50% in 2017 (below the 57% rate of Central and Eastern European countries), for an estimated commercial value of unlicensed software of USD 48 million.
Coverage Horizontal
CROATIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Croatia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CROATIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Croatia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CROATIA
Since May 2001
Since October 2003, last amended in November 2018
Since October 2003, last amended in November 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act
Copyright Act
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 Arts. 81 to 95 of the Copyright Act, which provide, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyright 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 copyright works for informing 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 Arts. 81 to 95 of the Copyright Act, which provide, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyright 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 copyright works for informing the public
- Quotations
- Parodies and caricatures.
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)
Art. 17 of 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, translation of the patent shall be provided in Croatian, at least, two months after filing.
Coverage Horizontal
CROATIA
Since March 2019
Since 2003, last amended in 2013
Since 2003, last amended in 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Foreign Exchange Act
Foreign Exchange Act
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
The Foreign Exchange Act implements Regulation (EU) 2019/452 which establishes a framework for the screening of foreign direct investments into the European Union in strategic sectors which may eventually have an impact on digital trade. Screening considerations related to digital trade include the potential effect of the investment (1) on critical infrastructure, whether physical or virtual, including communications, media, data processing or storage, or (2) on critical technologies including artificial intelligence, robotics, semiconductors & cybersecurity or (3) on access to sensitive information, including personal data, or the ability to control such information or (4) on the freedom and pluralism of the media (Article 4).
In addition, foreign investors must generally inform the Croatian National Bank of an investment within 30 days from the end of the month in which the investment was made (for statistical purposes). The reporting obligation under those acts in not connected with the implementation of the European Union Regulation 2019/452.
The Foreign Exchange Act implements Regulation (EU) 2019/452 which establishes a framework for the screening of foreign direct investments into the European Union in strategic sectors which may eventually have an impact on digital trade. Screening considerations related to digital trade include the potential effect of the investment (1) on critical infrastructure, whether physical or virtual, including communications, media, data processing or storage, or (2) on critical technologies including artificial intelligence, robotics, semiconductors & cybersecurity or (3) on access to sensitive information, including personal data, or the ability to control such information or (4) on the freedom and pluralism of the media (Article 4).
In addition, foreign investors must generally inform the Croatian National Bank of an investment within 30 days from the end of the month in which the investment was made (for statistical purposes). The reporting obligation under those acts in not connected with the implementation of the European Union Regulation 2019/452.
Coverage Horizontal
Sources
- https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://www.oecd.org/investment/OECD-Investment-Policy-Review-of-Croatia-Overview-Assessment.pdf
- https://www.hnb.hr/documents/20182/529405/e-zakon-o-deviznom-poslovanju-96-2003.pdf/cf3d9c5a-81b8-2c90-157b-81d6619b2845
- https://www.state.gov/reports/2021-investment-climate-statements/croatia/
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- Show more...
CROATIA
Reported in 2021
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
The first public procurement law based on European Union Directives was enacted in 2001. However, the current legal structure was largely put in place in 2012 under the Public Procurement Act of 2012 as a condition of Croatia’s accession to the European Union.
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 interests. 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.
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 interests. 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://ec.europa.eu/regional_policy/sources/policy/how/improving-investment/public-procurement/study/country_profile/hr.pdf
- https://www.oecd.org/corporate/OECD-Review-of-the-Corporate-Governance-of-State-Owned-Enterprises-Croatia.pdf
- http://www.javnanabava.hr/default.aspx?id=3990
- https://www.trade.gov/country-commercial-guides/croatia-trade-barriers
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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
BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bulgaria 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
BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bulgaria 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
BULGARIA
Since June 2014
Since June 2006, as amended in July 2014
Since June 2006, as amended in July 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer protection act of 25 July 2014, amending Consumer Protection Act of 10 June 2006
Consumer protection act of 25 July 2014, amending Consumer Protection Act of 10 June 2006
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act of 25 July 2014. This includes comprehensive obligations to inform consumers in distance sales, a right to withdraw and rules on the recognition of digital signatures.
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bulgaria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal