An update on the IP Appeal Council

01 May 2010

Almost two years after the formation of the independent Appeal Council, which has jurisdiction to review the decisions of the State Intellectual Property Office, Croatian rights holders are feeling the benefits of its shortened procedures and the specialised knowledge of its panelists.

The Appeal Council was established through amendments to intellectual property laws that went into effect in Croatia on July 21 2007.

The Appeal Council reviews decisions of the Croatian State Intellectual Property Office (CSIPO), which were rendered in the first instance during the course of administrative procedures within its jurisdiction.

Previously these appeals were handled by the administrative court in Zagreb and often lasted two to three years or longer, whereas, to date, procedures before the Appeal Council commonly last up to 12 months.

Another notable change is in the review of decisions on their merits. Before, the Administrative Court typically deferred to the judgment of CSIPO officials as they were considered by judges to be specialist in the area of intellectual property. The Council, however, reviews decisions of the CSIPO on the merits and if they are not in line with their own opinion on the interpretation or application of the law, does not hesitate to overrule CSIPO first instance decisions.