Injunctions
The court may order the infringer to desist from a preparatory act for an infringement and the infringement itself (Copyright Law, Articles 95 and 119) and from further infringements (Copyright Law, Articles 96 and 119; Trade Mark Law, Article 50; Law on the Protection of Geographical Indications of Product and Services, Article 30; Industrial Design Law, Article 50; Patent Law, Article 78; Law on Protection of Layout-Designs of Integrated Circuits, Article 22).
Damages, including recovery of profits, and expenses, including attorney’s fees
The court may order damages to be paid in favour of the right holder (Copyright Law, Articles 95 and 119; Trademark Law, Article 50; Law on the Protection of Geographical Indications of Product and Services, Article 30; Industrial Design Law, Article 50; Patent Law, Article 78; Law on Protection of Layout-Designs of Integrated Circuits, Article 22). Damages include recovery of profits and expenses (Law on Obligations, Articles 185, 189 and 190 - Official Gazette of the Republic of Croatia Nº 53/1991). The winning party is entitled to recover from the opposing party all expenses due to the procedure, including attorney’s fees (Civil Procedure Law, Articles 151 and 154(1)). The criterion for this is the actual existence of damage or expenses.
Destruction or other disposal of infringing goods and materials/implements for their production
The court may order that the infringing copies, their packaging, stencils, negatives, plates, melds or other means, which were instrumental to the infringement, be destroyed or altered (Copyright Law, Article 96).
The same stands for devices, the sole or prevalent purpose of which is to make infringements and which are owned by the infringer (Copyright Law, Article 97). The criterion is that an infringement has occurred.
Other remedies
- Publication of the judgement
The court may order that the judgement be published at the infringer’s expense (Copyright Law, Article 96(3); Trademark Law, Article 50(1) p.5; Law on the Protection of Geographical Indications of Product and Services, Article 30(1) p.7; Industrial Designs Law, Article 50(1) p.5; Patent Law, Article 78(1) p.5; Law on Protection of Layout-Designs of Integrated Circuits, Article 22). The criterion is that an infringement has occurred.
- Moral damage
The court may order that the infringer pays to the right holder monetary satisfaction for non-material damages (Copyright Law, Article 95). The criteria are that an infringement of moral rights has occurred, that it has caused mental anguish and suffering to the author; and that the degree and duration of the suffering entitle the monetary compensation (Law on Obligations, Article 200).
- Punitive damages
In case of infringement of copyright for instance, any person who, under his own name or the name of another person, publishes, presents, performs or transmits the work of another, or permits such acts, shall be guilty of criminal offence (Copyright Law, Articles 121-129).