Transfer of IP rights in Croatia

A patent can be assigned by a legal transaction, by law or by a court decision.

The assignment must be recorded in the national patent register to become effective against third parties. However, the patent assignment becomes effective between the parties as soon as all requirements for the assignment have been fulfilled (e.g. at the moment of execution of the assignment contract).

Patent assignment is recorded in the patent register upon written application by either the patent holder or the patent acquirer. A contract or a public document representing a legal basis for the assignment must be submitted.

Original supporting documents or certified copies must be submitted in full or only the part demonstrating that the assignment took place.

There are no legalization and notarization requirements. Translation of the documents into Croatian is mandatory.

Yes, the application must be submitted in a form prescribed by the Patent By-law (Croatian: Pravilnik o patentu).

The legal consequence of not recording a patent assignment is that the assignment will have no effect against third parties.

The record in the patent register has declarative effect.

For a contract on the assignment of a jointly owned patent, the consent of all patent holders is required.

A natural or legal person that does not have a residence or an actual and active industrial or commercial business seat in Croatia must appoint a domestic professional representative for procedures before the State Intellectual Property Office of the Republic of Croatia.

An administrative fee of HRK 75 (approx. EUR 10) and procedural costs of HRK 200 (approx. EUR 27) per application.

In general, there are exclusive and non-exclusive licences. Both types can be recorded in the patent register.

A patent licence becomes effective between the parties when the licence contract is concluded. A licence becomes effective against third parties upon entry in the patent register.

There is also a compulsory licence which is established by a court (without the consent of the patent holder) under conditions specified by law. Please note that since compulsory licences are governed by a different legal regime, the rules regarding licences described here do not apply to compulsory licences.

A patent licence is recorded in the patent register upon written application by either party. A contract or a public document representing a legal basis for the licence must be submitted.

Original supporting documents or certified copies must be submitted in full or only the part from which it is evident that the licensing took place. A licence contract must be executed in written form.

There are no legalization and notarization requirements. Translation of documents into Croatian is mandatory.

Yes, the application must be submitted in a form prescribed by the Patent By-law (Croatian: Pravilnik o patentu).

The legal consequence of not recording a patent licence is that the licence will have no effect against third parties.

The record in the patent register has declarative effect.

A natural or legal person that does not have a residence or an actual and active industrial or commercial business seat in Croatia must appoint a domestic professional representative for procedures before the State Intellectual Property Office of the Republic of Croatia.

An administrative fee of HRK 75 (approx. EUR 10) and procedural costs of HRK 200 (approx. EUR 27) per application.

Yes, patents can be pledged.

Pledges on patent rights are first acquired and become effective against third parties upon entry in the patent register.

A trademark can be assigned by a legal transaction, by law or by a court decision.

The assignment must be recorded in the national trademark register to become effective against third parties. However, the trademark assignment becomes effective between the parties as soon as all requirements for the assignment have been fulfilled (e.g. when the assignment contract is executed).

The trademark assignment is recorded in the trademark register upon written application by either party.

An assignment contract, court decision or inheritance decision representing a legal basis for the assignment must be submitted. Also, a statement on the trademark assignment signed by both parties must be submitted.

An original assignment contract or a certified copy must be submitted; original copies of the statement on the trademark assignment and the court decision or inheritance decision must be submitted. The trademark assignment contract must be executed in written form.

There are no legalization and notarization requirements. Translation of the documents into Croatian is mandatory.

Yes, the application must be submitted in a form prescribed by the Trademark By-law (Croatian: Pravilnik o žigu).

The legal consequence of not recording a trademark assignment is that the assignment has no legal effect against third parties.

The record in the trademark register has declarative effect.

No, but all parties must agree to the assignment of the trademark.

Partial assignment of a trademark, a so-called trademark division, where the transfer takes place for only part of the goods or services for which it is registered, is possible.

These must not overlap with the goods or services remaining in the original trademark or with those of any previous divisions.

Trademark division is requested by a trademark holder by submitting a declaration of division, which must state that the goods or services from the first registration are to be divided.

A registered trademark cannot be divided if an application for revocation of rights or for a declaration of invalidity has been filed with the State Intellectual Property Office against that trademark.

A natural or legal person that does not have residence and an actual and active industrial or commercial seat in Croatia must appoint a domestic professional representative for procedures before the State Intellectual Property Office of the Republic of Croatia.

An administrative fee of HRK 75 (approx. EUR 10) and procedural costs of HRK 200 (approx. EUR 27) per application.

In general, a trademark can be the subject of exclusive or non-exclusive licences for all or part of the goods or services for which it is registered and for all or part of Croatia.

A trademark licence becomes effective between the parties when the licence contract is concluded. The licence becomes effective against third parties upon entry in the trademark register.

The trademark licence is recorded in the trademark register upon written application by either party.

A licence contract containing information about the parties and the rights licenced must be submitted. A statement on the trademark licence signed by both parties must also be submitted.

The original licence contract or a certified copy must be submitted; an original statement on the trademark licence must be submitted. The trademark licence contract must be executed in written form.

There are no legalization and notarization requirements. Translation of the documents into Croatian is mandatory.

Yes, the application must be submitted in a form prescribed by the Trademark By-law (Croatian: Pravilnik o žigu).

The legal consequence of not recording a trademark licence is that the licence has no legal effect against third parties.

The record in the trademark register has declarative effect.

No, there are no specific formalities if a trademark is only partially licensed.

A natural or legal person that does not have a residence or an actual and active industrial or commercial seat in Croatia must appoint a domestic professional representative for procedures before the State Intellectual Property Office of the Republic of Croatia.

An administrative fee of HRK 75 (approx. EUR 10) and procedural costs of HRK 200 (approx. EUR 27) per application.

Yes, trademarks can be pledged.

Pledges of trademarks are first acquired and become effective against third parties upon entry in the trademark register.