06 | 07 | 2021
Adoption of the Act on the Fees in the Field of Intellectual Property Abolishing Administrative Fees in the Field of Intellectual Property
The Act on the Fees in the Field of Intellectual Property was published in the “Official Gazette” No. 66/2021on June 16, 2021, and it came into effect on June 24, 2021.
The Act was adopted to abolish administrative fees in the field of intellectual property rights in national proceedings by repealing the Act on Administrative Fees in the Field of Intellectual Property Rights (“Official Gazette”, No. 64/2000, 160/2004, 62/2008, 30/2009, 49/2011), which provided for the obligation to pay administrative fees. The purpose of abolishing administrative fees is to harmonise with the obligations from international agreements as well as to implement the Action Plan for the reduction of non-tax and fiscal levies, which was adopted by the Government of the Republic of Croatia at its 229th session held on May 7, 2020. Consequently, administrative fees in proceedings before the Office shall no longer be charged as of June 24, 2021.
In connection with the initiated proceedings, i.e. those where the obligation to pay the fee or the costs was incurred and/or due by June 24, 2021 (the date of entry into force of this Act), and the obligations have not been settled, they will be charged according to the regulation in force at the time of the obligation, i.e. according to the Act on Administrative Fees in the Field of Intellectual Property Rights („Official Gazette“, No. 64/2000, 160/2004, 62/2008, 30/2009, 49/2011), pursuant to Article 11 of the Act on the Fees.
Please note that, although there are provisions in the substantive regulations governing the field of intellectual property (regulations in the field of patents, trademarks, industrial design, geographical indications and designations of origin of products and services, topography of semiconductor products) which provide for the obligation to pay administrative fees, they are repealed by the new regulations, and they will also be amended in the subsequent amendments to the substantive regulations.
The new Act regulates the basic issues related to the obligation to pay the costs of proceedings for the protection of intellectual property rights and fees for professional services provided by the Office, which, as before, are regulated in more detail by a regulation (now the Regulation on Fees for Special Costs and the Costs for the Provision of Information Services of the State Intellectual property Office („Official Gazette“, No. 109/11, 96/13 and 89/20). The Government of the Republic of Croatia is authorised to adopt the new regulation, as before. The Regulation on Fees for Special Expenses and Costs for the Provision of Information Services of the State Intellectual Property Office shall remain in force until the entry into force of the new regulation („Official Gazette“, No. 109/11, 96/13 and 89/20).
The amount of reimbursement of costs was revised in accordance with the circumstances existing in July 2020 with the adoption of the Regulation amending the Regulation on Fees for Special Costs and the Costs for the Provision of Information Services („Official Gazette“, No. 89/2020) and is not planned to be changed by the new regulation.
Fees/charges prescribed by international organisations, which are paid in international procedures for the grant of industrial property, do not change.