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International briefings: Law on Trade Marks amended ( MIP, October 2007 )
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The Croatian Parliament has enacted amendments to the Trade Mark Law, some of which went into effect on July 31 2007.

The most dramatic changes, however,are yet to come as the amendments revealed provisions directing the addition of a Trade Mark Appeal Board in
June 2008. The amendments also include several provisions pertaining to Community trade marks, which will align the national trade mark law with Council Regulation (EC) 40/94 on the Community trade mark and its amendments.

These provisions will enter into force upon Croatia’s accession to the European Union. The provisions in effect from July 31 2007 particularize and establish additional civil remedies, which are available to trade mark owners and specified rights holders in Croatia.

These include the right of excusive licensees to file claims in trade mark matters before the competent courts to the extent permitted by the scope of use as defined in the licensing agreement.The right of licensees to file claims previously was only with the consent of the trade mark owner or only after the trade mark owner’s failure to act after formal notice.

The newly enacted provisions also particularize many of the rights that the Law on Trade Marks previously established for plaintiffs in infringement actions such as: additional damages,orders to produce information on infringement, requests for seizure and destruction of infringing materials, seizure of personal property and accounts and provisional measures to secure evidence.