INTELLECTUAL PROPERTY RIGHTS COMMERCIALIZATION AND ENFORCEMENT SKOPJE 1

INTELLECTUAL PROPERTY RIGHTS COMMERCIALIZATION AND ENFORCEMENT SKOPJE, 1 st – 3 rd MARCH 2009

REPUBLIC OF CROATIA MINISTRY OF THE INTERIOR POLICE DISTRICT of SPLITSKO-DALMATINSKA ECONOMIC CRIME DEPARTMENT ANTE ŠUŠAK, CHIEF INSPECTOR

CONTENT 1. ) IP in Croatia – Introduction 2. ) Forms of IP 3. ) IP Legislation (International and Domestic) 4. ) Components of national system of intellectual property 5. ) MOI – Territorial organization 6. ) 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 COPYRIGHT AND RELATED RIGHTS Patents COPYRIGHT: Trademarks literary works Industrial designs musical works Geographical indications and designations of origin dramatic or dramatic-musical works Topographies of semiconductor products 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 LEGISLATION COPYRIGHT • • • 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 Use of Another's Company Name (Article 285)

COMPONENTS OF NATIONAL SYSTEM OF INTELECTUAL PROPERTY 1. ) INSTITUTIONS FOR RIGHT ACQUIREMENT A. State Office for Intellectual Property 2. ) INSTITUTIONS FOR RIGHT ENFORCEMENT A. 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

POLICE DISTRICTS I. CATEGORY 1. PD zagrebačka II. CATEGORY 2. PD splitsko - dalmatinska 3. PD primorsko - goranska 4. PD istarska 5. PD osječko - baranjska III. CATEGORY 6. PD dubrovačko - neretvanska 7. PD karlovačka 8. PD sisačko - moslavačka 9. PD šibensko - kninska 10. PD zadarska 11. PD vukovarsko - srijemska IV. CATEGORY 12. PD bjelovarsko - bilogorska 13. PD brodsko - posavska 14. PD koprivničko - križevačka 15. PD krapinsko - zagorska 16. PD ličko - senjska 17. PD međimurska 18. PD požeško - slavonska 19. PD varaždinska 20. PD virovitičko - podravska TERRITORIAL ORGANIZATION

Ø 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 Ø NEGOTIATIONS FOR THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EU – CHAPTER 7: INTELLECTUAL PROPERTY LAW: • On 7 th conference for access of Croatia to European Union which was held on December 19 th 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 1998. 323 380 1999. 289 410 2000. 288 348 2001. 557 465 2002. 458 628 2003. 331 730 TOTAL 3. 220 3. 908

NUMBER OF PERSONS AND CRIMINAL ACTS 800 730 700 628 600 557 500 458 391 410 380 400 465 348 375 331 300 323 219 200 174 167 186 289 288 1999. 2000. 186 100 0 1994. 1995. 1996. 1997. 1998. Person Criminal act 2001. 2002. 2003.

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

DEFINED: • Reasonable doubt that two persons commited three criminal matters: – abuse of Industrial Property Law – Uncomitted production – Illicit trade • Damage: about 7. 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 ATTENTION E-mail: asusak@mup. hr