Neka pitanja uz implementaciju Direktive 2004/48/EZ u hrvatsko pravo industrijskog vlasništva - osvrt na zaštitu industrijskog dizajna
Some Questions Concerning the Implementation of the Directive 2004/48/EC in the Croatian Law

Summary/Abstract: From previous exposure can be concluded that in the harmonization process of Croatian industrial property rights with the of the provisions of the Directive 2004/48/EC of the European Parliament and of the Council of 20 April 2004 on the enforcement of intellectual property rights, has been made a significant change in the capabilities of clam submission, and in most cases extended the circle of people that in infringement proceedings can be found in the position of the defendant. This attitude of the legislator is quite justified because in violation of the rights of industrial design is still working on specifics that only with such a broad set of possible defendants cycle can justify its purpose. If you looked at the criterion the rights of action (subjective, objective) recent amendments expanded the responsibility of the violator by the principle of causality, especially when it is of commercial use. Through analysis of the claims it can be concluded that the right of action by the principle of objective criteria may be made in all cases of infringement of industrial design, except the claims for reimbursement of actual damages. When submitting the claim to pay for the actual damages right of action should be determined on the bais of the subjective responsibility. Regardless of whether it is a commercial level or not, because the cases of liability for damages by objective criteria are explicitly mentioned in Law on obligations.

• Details
• Contents