RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/262
10 May 2001
(01-2403)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from Croatia to the question posed by Japan
By means of a communication from the Permanent Delegation of Croatia dated 4 May 2001,
the Secretariat has received the following response to the question posed by Japan, as circulated in
document IP/C/W/258.
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A. C OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
There is only one exception applying in respect of the national treatment of producers and
phonograms.
Article 120a paragraph 7 of the Copyright Law (The Official Gazette of the Republic of
Croatia No 9/99, 76/99) provides for:
"The foreign producers of phonograms shall have the rights prescribed by this Law
within the framework of the obligations assumed by the Republic of Croatia under
international treaties or on the basis of the de facto reciprocity."
The Republic of Croatia made at the date of the deposit of the instrument of its accession to
the International Convention of the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations (Rome Convention)1 the notification declaring reservations referred to in
Article 16 paragraph 1 item a) iii) and iv).
In accordance with the above-mentioned declaration the national treatment of producers of
phonograms in the Republic of Croatia is characterised by the following:
1) The provisions of Article 12 shall not be applied as regards phonograms the producer
of which is not a national of another Contracting State (Article 16 paragraph 1
item a) iii) of the Rome Convention.
                                                     
1 International Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations ("Rome Convention") came into force for the Republic of Croatia on 20 April,2000.IP/C/W/262
Page 2
2) The protection provided for by Article 12 shall be limited, as regards phonograms the
producer of which is a national of another Contracting State, to the extent to which,
and to the term for which, the later State grants protection to phonograms first fixedby the national Republic of Croatia (Article 16 paragraph 1 item a) iv) of the Rome
Convention).
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