Croatia Passes New Law On Representatives In The Field Of Industrial Property

On April 14, 2005, the Croatian parliament has enacted a new Law on representatives in the field of industrial property. The Law will be in force as of August 1, 2005.

Among other things, the new Law modified qualification requirements for patent representatives. Specifically, the requirements were “softened” to include persons without technical/scientific university degree and lawyers registered before the Croatian Bar Association.

The other important modification is that a law office/firm or companies registered for IP representation need not employ patent/trademark representatives or lawyers with a relevant exam. They can now “co-operate with such persons based on contractual relationship other than employment”.

In order to become a patent representative in Croatia, one of the following requirements must be met:

1. One must be a Croatian citizen, residing in Croatia and holding a degree in science and/or engineering. He/she must also pass the Qualifying exam for patent representative before the Croatian PTO; or

2. One must be a Croatian citizen, residing in Croatia and holding a degree other than science and/or engineering, but that person must have minimum 5 (five) years of relevant IP experience. He/she must also pass the Qualifying exam for a patent representative before the Croatian PTO; or

3. One must be a lawyer registered before the Croatian Bar Association, who has passed the Qualifying exam for patent representative before the Croatian PTO or a law firm employing such a lawyer or co-operates with him/her based on contractual relationship other than employment; or

4. A legal entity with the legal seat in Croatia and employing at least one person who meets the requirements set in 1) or 2) above or co-operates with him/her based on contractual relationship other than employment.

In order to become a trademark representative in Croatia, one of the following requirements must be met:

5. One must be a Croatian citizen, residing in Croatia and holding a university degree. He/she must pass the Qualifying exam for trademark representative before the Croatian PTO; or

6. One must be a lawyer registered before the Croatian Bar Association or a law firm employing such a lawyer or co-operates with him/her based on contractual relationship other than employment; or

7. A legal entity with the legal seat in Croatia and employing at least one person who meets the requirements set in 5) above or co-operates with him/her based on contractual relationship other than employment.

The new Law also regulates following matters:

• Professional examination for representatives;

• POA;

• Requirements to register as certified patent/trademark representative;

• The Register of patent/trademark representatives, and

• Chamber of representatives in the field of Intellectual property.

Finally, the Law stipulates a transition period of 2 (two) years from enactment of the law in order to provide practicing patent/trademark representatives in Croatia with enough time to pass the qualifying exams. Furthermore, new representatives may register provisionally in the period between the enactment of the law and the date of its applicability but have to pass the required exams within 2 years of enactment of the law.

For more information on the above-discussed amendments to the Croatian IP law, please contact Anamarija Stancic Petrovic
in our Croatia office.