CROATIA - On August 8th new Regulation amending Regulation on Customs measures for goods suspected to infringe IP rights came into force

On the basis of Article 70, paragraph 3 of the Customs Law, the Government of the Republic of Croatia adopted a new Regulation amending Regulation on the Customs measures for goods suspected to infringe certain intellectual property rights.

Most importantly, the amendments deal with:

• an introduction of a new rule that states that the Customs measures providing protection for IP rights will begin to also apply to the goods circulating by post;

• a simplified procedure for destruction of infringing goods.

The amended provisions of the Regulation provide that the Customs measures for protection of IP rights now fully apply to all shipments (irrespective of the value and quantity of goods), which is particularly important considering a recent widespread practice of purchasing goods via the Internet, most often delivered to a purchaser by mail.

Likewise, the provisions of the amended Regulation now provide for a simplified procedure for the destruction of infringing goods. The rights holder is now able to submit the request for the destruction of temporarily detained goods that are under customs surveillance without an obligation to establish beforehand whether the detained goods infringe the intellectual property right under the valid provisions of the applicable law; and moreover, without the provisional consent of a declarant, holder or owner of alleged counterfeit goods.

This is a very important change. Prior to this amendment, goods in transit found and detained by the Customs could not be destroyed until the final court decision. This was often a difficult decision to obtain because of the laborious process of identifying foreign consignees and foreign consignors and contacting all parties in the procedure.
Therefore, the amended provisions of the new Regulation on Customs measures make it easier for IP rights holders to enforce their intellectual property rights.

For more information please contact Anamarija Stancic at SD PETOSEVIC Croatia.

Source: Central Customs Office in Zagreb, Mr. Mario Demirovic, Intellectual Property Protection Division of the Croatian Customs.