January 01, 2025
Intellectual property is a set of intangible rights that protect intellectual creations. These include ideas, inventions, artwork, symbols, names, images, designs, and innovations.
Copyright
Copyright is a type of intellectual property that protects original works of literature, art, and science. According to the Copyright and Related Rights Act, copyright arises as soon as the work is objectively created, so as a rule, no special registrations of this right are required. But, on the other hand, it is always recommended to preserve adequate evidence of the creation of the copyrighted work.
In Croatia, the legal definition of copyright is as follows: A copyrighted work is an original intellectual creation in the literary, scientific or artistic field that has an individual character, regardless of the manner and form of expression, type, value or purpose, unless otherwise specified by that law.
Copyright can refer to literary works (novels, poems, plays), works of art (paintings, sculptures, photographs), musical works, film works, computer programs, databases, and the like.
The subject of copyright may not be:
- discoveries
- ideas and principles,
- daily news and regular media information,
- Official texts, programmes and spatial plans cease to be protected by copyright when they are published for the purpose of official public information.
Trademark
A trademark is a sign that serves to distinguish the goods or services of one undertaking from the goods or services of other undertakings. A trademark can be a word, an image, a combination of words and images, or even a sound.
Trademark protection in Croatia is subject to the Trademark Act and the EU Regulation 2017/1001 on the European Union trademark. The trademark protection procedure involves submitting an application to the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the registration of the trademark.
Trademark protection abroad can be achieved at the EU-wide level through the EUIPO (European Union Intellectual Property Office) or globally through the WIPO (World Intellectual Property Organization) Madrid system.
Patent
A patent is an exclusive right granted to an inventor or his successor in title for an invention. For an invention to be patented, it must be new, have an inventive step, and be industrially applicable.
The patent protection procedure in Croatia is subject to the Patent Act. The patent protection procedure involves filing an application with the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the grant of the patent.
Patent protection abroad can be obtained through international institutions or by applying for registration in individual countries.
Industrial design
An industrial design is the appearance of a product or part of a product that is determined by its shape, line, color, texture, material, or a combination of these elements.
The protection of industrial designs in Croatia is subject to the Industrial Design Act. The process of industrial design protection involves submitting an application to the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the registration of an industrial design.
Industrial design protection abroad can be obtained through international institutions or by applying for registration in individual countries.
European Union regulations
Enforcement Directive
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, also known as the Enforcement Directive, defines a number of measures, procedures and remedies aimed at ensuring the effective enforcement of intellectual property rights in the European Union.
The Directive aims to:
- Ensure a high, equal and homogeneous level of intellectual property protection in the EU’s internal market.
- Harmonise national legislation on the enforcement of intellectual property rights.
- Improve the effectiveness of the fight against counterfeiting and piracy.
- To encourage innovation and creativity.
In summary, Directive 2004/48/EC defines minimum standards for the enforcement of intellectual property rights in the EU, prescribing the measures, procedures and remedies that must be available to rightholders to ensure the effective protection of their rights against infringement.
Directive on Collective Management of Rights
Directive 2014/26/EU, also known as the Collective Management Directive (the so-called CRM Directive), lays down rules for the work of collective management organisations (CMOs). It regulates the management of copyright and related rights in musical works. The aim is to ensure better governance and transparency in the work of CMOs. This will allow authors to have better control over their works.
This Directive aims to improve the governance and transparency standards of CMOs across the EU. This is to ensure that authors and rightholders receive fair remuneration for the use of their works. The directive also introduces rules for multi-territorial authorisations for the online use of musical works. This simplifies music licensing online. It gives rights holders more control and makes it easier for users to access music. The goal is to encourage the development of a legal digital music market.
The directive addresses the rights of CMO members, including the right to participate in decision-making. It also defines the obligations of CMOs towards rights holders and users. It also prescribes the supervision of the work of CMOs by the competent authorities. All of this contributes to a better functioning of the internal market and ensures a fairer system for all actors. Transparency is key to trust in the collective management system. The Directive is an important step towards modernising copyright law in the digital age.
Other key EU directives on intellectual property
- Directive 2004/48/EC on the enforcement of intellectual property rights (Enforcement Directive)
- Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive)
- Directive 2006/116/EC on the term of protection of copyright and certain related rights (Term Directive)
- Directive 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive)
- Directive 96/9/EC on the legal protection of databases
- Directive (EU) 2015/2436 on the approximation of the laws of the Member States relating to trade marks
- Directive 98/44/EC on the legal protection of biotechnological inventions
- Directive 98/71/EC on the legal protection of designs
It should be noted that in addition to these directives, the Regulations that are directly applicable in all EU Member States, such as the European Union Trade Mark Regulation (Regulation (EU) 2017/1001) and the Community Design Regulation (Regulation (EC) No. 6/2002), are also very important.
Conclusion
An intellectual property lawyer can help you legally protect your works and inventions from unauthorized use by third parties. If you need an intellectual property lawyer, please contact us at:
