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PUBLIC - Croatia, the War, and the Future

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ANNEX IV<br />

List referred to in Article 16 of <strong>the</strong> Act of Accession: o<strong>the</strong>r permanent provisions<br />

1. INTELLECTUAL PROPERTY LAW<br />

Treaty on <strong>the</strong> Functioning of <strong>the</strong> European Union, Part Three, Title II, Free Movement of<br />

Goods<br />

SPECIFIC MECHANISM<br />

With regard to <strong>Croatia</strong>, <strong>the</strong> holder, or his beneficiary, of a patent or Supplementary Protection<br />

Certificate (SPC) for a pharmaceutical product filed in a Member State at <strong>the</strong> time when such<br />

protection could not be obtained in <strong>Croatia</strong> for that product, may rely on <strong>the</strong> rights granted by that<br />

patent or SPC in order to prevent <strong>the</strong> import <strong>and</strong> marketing of that product in <strong>the</strong> Member State or<br />

States where <strong>the</strong> product in question enjoys patent or SPC protection, even if this product was put<br />

on <strong>the</strong> market in <strong>Croatia</strong> for <strong>the</strong> first time by him or with his consent.<br />

Any person intending to import or market a pharmaceutical product covered by <strong>the</strong> first paragraph<br />

in a Member State where <strong>the</strong> product enjoys patent or SPC protection shall demonstrate to <strong>the</strong><br />

competent authorities in <strong>the</strong> application regarding that import that one month's prior notification has<br />

been given to <strong>the</strong> holder or beneficiary of such protection.<br />

14509/11 WS/jj 122<br />

ANNEX I DGF 2A / DG K 2 EN

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