New Plant Varieties

– Law on the Protection of Plant Varieties of the Republic of Croatia, effective since December 13, 1997.
– Law on the Amending and Supplementing of the Law on the Protection of Plant Varieties, in force since July 5, 2000.
– Law on the Amending and Supplementing of the Law on the Protection of Plant Varieties, in force since June 17, 2008.
– Law on the Amending and Supplementing of the Law on the Protection of Plant Varieties, in force since November 12, 2011.
– Rules on the Registration in the Registry regarding the Protection of New Varieties of Plants, effective since July 13, 2001.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), since September 1, 2001.

Filing

Applicant: natural persons or legal entities.

Foreigners and national not living in the country: must appoint a local registered representative.

Conditions for protection: a new plant variety must be new, recognizable, homogeneous, stable and marked by a name.

Priority: within twelve months from filing in a UPOV member country.

Territory covered: the Republic of Croatia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, not legalized;
2. Application;
3. A certain amount of the material being claimed as a new plant variety.

Examination Procedure

Examination: the formal correctness and completeness of the application is examined first (the term for complying with a Patent Office’s request to remedy the established deficiencies is within three months from the date of receipt of the request not extendible).

Publication: an application complying with prescribed requirements shall be published in the Official Gazette.

Substantial examination: the Office conducts examination needed for granting a new plant variety.

Appeal: can be filed within three months of the date of receipt against decisions and conclusions brought during the proceedings.

Publication: granted plant variety is published in the Official Gazette upon payment of a publication fee.

Correction of registration: errors can be corrected.

Granting

Delivery of document: after payment of the prescribed fee, the Office provides a certificate.

Beginning of protection: from the date of granting.

Duration: twenty-five years generally, thirty years for woody varieties and grape vine.

Renewal: yearly.

Latest term for renewal: January 31st of that year.

User rights: exclusive right to use the plant variety right.

Obligation to use: the holder of the right has to use it. If he does not use it, or uses it insufficiently, the Ministry of agriculture can give a compulsory license at the request of any interested party if that would be in the public interest.

Assignment: possible.

Licenses: license under written contract permitted.

Modification of Protection after Registration

Compulsory licenses: provided for.

Expropriation: not provided for.

Nullification: the decision to register a plant variety will be proclaimed null and void if it is established that the conditions for granting these rights did not exist (e.g. the variety was not new or recognizable, right was given to a person who was not entitled to it, etc.). A request can be submitted by any interested person or by the public prosecutor during the whole duration of the protection of the plant variety right to the Office. The decision of the Office can be appealed before the Administrative Court.

Provisions for restoration: possible by reinstatement into the former condition; the request has to be filed within eight days after the party has become aware that the action has been missed, and three months from the date on which the action should have been executed.

Infringement: an infringement suit may be filed within three years of the granting of the plant variety right and within three years from the plaintiff becoming aware of the infringement.

Penalties: injunction, damages, publication of verdict, and payment of fine.