WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVN/C/1 
16 January 2004 
 (04-0140) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVENIA 
 
  The present document reproduces the text
1 of the Act on Amendments to the Copyright and 
Related Rights Act (distributed in document IP/N/1/SVN/1/Add.2), as notified by Slovenia under 
Article 63.2 of the Agreement (see document IP/N/1/SVN/1/Rev.1/Add.3).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SLOVÉNIE 
 
  Le présent document contient le texte
1 de la Loi sur les modifications apportées à la Loi sur le 
droit d'auteur et les droits connexes (distribuée sous la cote IP/N/1/SVN/1/Add.2), notifiée par la 
Slovénie au titre de l'article 63:2 de l'Accord  (voir le document IP/N/1/SVN/1/Rev.1/Add.3). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESLOVENIA 
 
 
 En el presente documento se reproduce el texto
1 de la Ley de Modificaciones a la Ley de 
Derecho de Autor y Derechos Conexos (distribui da en el documento IP/N/1/SVN/1/Add.2), que 
Eslovenia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/SVN/1/Rev.1/Add.3). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVN/C/1 
Page 2  
 
 
ACT ON AMENDMENTS
2 to the 
COPYRIGHT AND RELATED RIGHTS ACT3 
(ZASP-A)4 
   
Article 1 
 
 In It. 2 of Article 1 of the Copyright and Related Rights Act (Official Gazette of the RS No. 21/95) the word "and" shall be replaced by  a comma, and after the word "publishers" the 
following words shall be added:  " and makers of databases" . 
 
Article 2 
 
 In Article 8 new paragraphs (3) a nd (4) shall be added as follows:   
 "(3) Databases as mentioned in Paragraph (1) of  this Article are collections of independent 
works, data or other materials in any form, arranged in a systematic or methodical way and individually accessible by electronic or other means.  (4) Protection under this Article shall not appl y to computer programs used in the making or 
operation of electronic databases." 
 
Article 3 
 
 In Paragraph (1) of Article 21 before  the end of the sentence the wording " and copies of his 
work" shall be added. 
 
Article 4 
 
 Article 22 shall be changed as follows:  
"Economic rights  
Article 22 
 
(1) Use of the work in material form includes in particular the right of reproduction (Article. 23).  
 (2) Use of the work in non-material form (communication to the public) includes in particular the 
following rights: 
1. the right of public performance (Article 26); 2. the right of public transmission (Article 27); 3. the right of public communication by  phonograms and videograms (Article 28);  
4. the right of public presentation (Article 29); 
5. the right of broadcasting (Article 30);  
6. the right of rebroadcasting (Article 31);  
                                                     
 
2 Official Gazette of the RS No 9/2001.  Th e Act entered into force on 24 February 2001.  
3 Official Gazette of the RS No 21/1995.  The Act entered into force on 29 April 1995.  
 4 The acronym ZASP  stands for the Slovenian title of the Act on Copyright and Related 
Rights, i.e. Zakon o Avtorski in Sorodnih Pravicah, the letter - A for its first amendment.   
The amended wording is in italic . 
  IP/N/1/SVN/C/1 
 Page 3 
 
 
7. the right of secondary broadcasting (Article 32); 
8.  the right of making available to the public (Article 32. a). 
 
(3) Use of the work in a modified form in cludes in particular the following rights:  
1  the right of transformation (Article 33); 
2. the right of audiovisual adaptation (Article 104). 
 (4) Use of copies of a work includes the following rights:  
1. the right of distribution (Article 24); 2. the rental right (Article 25)." 
 
Article 5 
 
 Paragraph (1) of Article 23 shall be changed as follows: 
 
"(1) The reproduction right is the exclusive right to fix the work in a material medium or in 
another copy directly or indirectly , temporarily or permanently, by  any means and in any form, in 
whole or in part."  
Article 6 
 
 After Article 32, a new Article 32.a shall be inserted: 
 
"Right of making available 
Article 32.a 
 
 The right of making available is the exclusive right that a work, by wire or wireless means, is 
made available to the public in such a way that members of the public may access it from a place and 
at a time individually chosen by th em or that a work is transmitted to  a member of the public based on 
an offer, intended for the public."  
Article 7 
 
 It. 1 in Paragraph (2) of Article 36 shall be changed as follows: 
 
"1.  originals or copies of library material in public libraries;" 
 
Article 8 
 
 Paragraph (4) of Article 37 shall be changed as follows: 
 
"(4) For the purposes of this Article the term  photocopying includes other similar reproduction 
techniques, to the term appliances for sound or vi sual fixation other appliances, which enable getting 
the same effect, are assimilated." 
 IP/N/1/SVN/C/1 
Page 4  
 
Article 9 
 
 After Article 53, a new Article 53.a shall be inserted:  
"Databases 
Article 53. a 
 (1) A lawful user of a disclosed database or of  a copy thereof may freel y reproduce or alterate 
that database, if this is necessary for the purposes of  access to its contents and the normal use of that 
contents. Where the user is authorized only to apart of  the database, this provis ion shall apply only to 
that part. 
 
(2) Any contractual provision contrary to the preceeding paragraph sha ll be null and void." 
 
Article 10 
 
 Article 62 shall be changed as follows:  
"Collective works 
Article 62 
 
 In case of collective works the copyright shall run for 70 years after the lawful disclosure of 
the work." 
 
Article 11 
 
 Article 105 shall be changed as follows:  
"Co-authors of an audiovisual work  
Article 105 
 
(1) As co-authors of an audiovisual work shall be considered:  
1. the author of the adaptation, 
2. the author of the screenplay,  3. the author of the dialogue,  
4. the director of photography,  
5. the principal director, 
6. the composer of music specifically created for use in the audiovisual work. 
 (2)  If animation represents an essential element of the audiovisual work, the principal animator 
shall be considered as co-author of that work." 
 
Article 12 
 
 At the end of It. 5 of Article 121 the dot shall be replaced by a semicolon and a new It. 6. shall be added as follows: 
 
"6.  the making available to the public  of fixations of its performances." 
  IP/N/1/SVN/C/1 
 Page 5 
 
 
Article 13 
 
 Article 128 shall be changed as follows: 
 
"Producers of phonograms 
Article 128 
 (1) Producer of a phonogram is a person or legal entity, who or which takes the initiative and 
has the responsibility for the first fixation of the sounds of a performance or other sounds, or the 
representations of sounds. 
 
(2) Phonogram is a fixation of the sounds of a performance or of other sounds, or of a 
representation of sounds, other than in the form of a fixation incorporated in an audiovisual work.  (3) Fixation is an embodiment of sounds or  of representations thereof on a medium, from 
which they can be perceived, reproduced  or communicated through a device." 
 
Article 14 
 
 At the end of It. 4 of Article 129 the dot shall be replaced by a semicolon and a new 
It. 5. shall be added as follows: 
 
"5. the making available to the public of its phonograms." 
 
Article 15  
  In Article 130 a new paragraph (3) shall be added as follows: 
 
"(3) For the purposes of this Article, phonograms m ade available to the public by wire or wireless 
means in such a way that members of the public  may access them from a place and at a time 
individually chosen by them, shall be considered as if they ha d been published for commercial 
purposes." 
 
Article 16  
 
 Article 132 shall be changed as follows:  
"The term of protection 
Article 132 
 
 The rights of the producer of phonograms shall last for 50 years after the fixation is made. If 
the phonogram is lawfully published during this period,  the rights shall last 50 years from such first 
publication. If no such publication has taken place, but the phonogram has during this period been 
lawfully communicated to the public, the rights sha ll last 50 years from such first communication to 
the public."  
Article 17  
  At the end of It. 4 of Article 134 the dot shall be replaced by a semicolon and a new It. 5. shall be added as follows:  
"5. the making available to the public of its videograms." IP/N/1/SVN/C/1 
Page 6  
 
Article 18 
  At the end of It. 5 of Article 137 the dot shall be replaced by a semicolon and a new It. 6. shall be added as follows:  
"6.  the making available to the public of fixations of its broadcasts." 
 
Article 19  
  In Paragraph (1) of Article 140 after the words "lawfully publishes" the following words shall 
be added: " or communicates to the public". 
 
 In Paragraph (2) of Article 140 after the word s "lawful publication" th e following words shall 
be added: " or communication to the public". 
 
Article 20  
 
 After Article 141 a new Section 6 with new articles 141.a -141.f shall be added as follows: 
 
"Section 6  
Rights of Makers of Databases 
 
Databases 
Article 141.a 
 
(1) A database shall mean a collection of independe nt works, data or other materials in any form, 
arranged in a systematic or methodical way and i ndividually accessible by electronic or other means, 
whereby either the obtaining, verificat ion or presentation of its conten ts demands a qualitatively or 
quantitatively substantial investment.  
(2) The protection of a database or its contents  shall apply irrespective of their protection by 
copyright or by other rights. The inclusion of a material into a database and its use shall be without prejudice to rights existing in respect of that material.  
Scope of protection 
Article 141.b 
 
(1) Protection of a database under this Section shall apply to:  1. the whole contents of a database; 2. every qualitatively or quantitatively substantial part of its contents; 3. qualitatively or quantitatively insubstantial parts of its contents, when they are used 
repeatedly and systematically, which conflicts with a normal exploitation of that database 
or which unreasonably prejudice the legitimate interests of the maker of the database. 
 
(2) Protection under this Section shall not apply to computer programs used in the making or operation of electronic databases. 
  IP/N/1/SVN/C/1 
 Page 7 
 
 
Rights of the maker of databases 
Article 141.c 
 The maker of a database shall have the exclusive right:  1.  to reproduce his database; 
2. to distribute copies of his database; 
3. to rent copies of his database; 4. to make available to the public his database; 5. to other forms of communication to the public of his database.  
Rights and obligations of lawful users 
Article 141.d 
 
(1) A lawful user of a disclosed database or a copy thereof shall free to use qualitatively or 
quantitatively insubstantial parts of its contents  for any purposes whatsoever. Where the user is 
authorized to use only a part of the database, this Article shall apply only to that part. 
 (2) A lawful user of a disclosed database or  a copy thereof may not perform acts which 
conflict with a normal exploitation of that database or which unreasonably prejudice the 
legitimate interests of the maker of the database.  
(3) A lawful user of a disclosed database or a copy thereof may not cause prejudice to the 
copyright or related rights in respect of the wo rks or subject matter contained in that database. 
 (4) Any contractual provision contrary to  this Article shall be null and void. 
 
 
Employment and contracts for hire 
Article 141.e 
  Where a database is made by an employee in the execution of his duties or following the 
instructions given by his employer, or where it is m ade by a person under a contract for hire, it shall 
be deemed that the exclusive rights to such dat abase are exclusively and without limitations assigned 
to the employer or to the ordering party , unless otherwise provided by contract. 
 
Term of protection 
Article 141.f 
 
(1)  The rights of a maker of databases shall last for 15 years after the completion of the 
making of the database. If the database is lawfully  disclosed within this period, the rights shall 
last 15 years from such first disclosure.  (2) Any qualitatively or quantitatively substantial c hange to the contents of a database, which 
results in a qualitatively or quantitatively subst antial new investment, shall qualify the database 
resulting from that investment for a new term of protec tion.  A substantial change of contents includes 
also the accumulation of successive additions, deletions or  alterations of the database." 
 
Article 21 
 
 In Paragraph (2) of Article 144 the wording "b achelor of laws degree" (shall be replaced by 
the wording "bachelor of laws university degree". 
 IP/N/1/SVN/C/1 
Page 8  
 
Article 22 
 
 In Paragraph (1) of Article 147, after the word s "disclosed works, and" in the end of the 
introductory sentence, the words "in particular" shall be added.   
 
 In It. 4, Paragraph (1) of Article 147, at the end of the sentence the fo llowing words shall be 
added: " and its photocopying beyond the scope of Article 50 of this Act." 
 
Article 23 
 
 In Paragraph (2)  of Article 151 the number "148" shall be replaced by " 147". 
 
 In Article 151, paragraphs (3) and (4) shall be replaced with a new paragraph (3) as follows: 
 
"(3) The office grants its permission in the form of an administrative order. The final order shall 
be published in the Official Gazette of the Republic of Slovenia." 
 
Article 24 
 
 In Paragraph (4) of Article 163 after the wo rds "Amendments to the statutes" the words " and 
to general tariffs" shall be added. 
Article 25 
 
 Article 166 shall be changed as follows: 
 
"Protection of rights-management information 
166.člen 
 
(1) It shall be deemed that a person infringes th e exclusive rights granted by this Act, when it 
commits any of the following acts by which it  induces, enables, facilitates or conceals the 
infringements of the rights under this Act: 1. the removal or alteration of any electronic rights-management information;  2. the reproduction, distribution, importation for distribution, rental or communication to the 
public of a copyright work or subject matter of related rights, where electronic rights-
management information has been removed or altered without authority.  
 
(2) Rights-management information as men tioned in the foregoing paragraph, means any 
information provided by right holders on the identific ation of the subject matter of rights, the author, 
the right holder, the terms and conditions for use,  and their relevant numbers and codes, when they 
are indicated on a copy of a copyright work or subject  matter of related rights or when they appear in 
connection with their communication to the public."  
Article 26 
 
 After Article 166, a new Article  166.a shall be added as follows: 
 
"Protection of technological measures 
Article 166.a 
 (1) It shall be deemed that a person infringes th e exclusive rights granted by this Act, when it 
commits any anti-protective act for the purpose of  the circumvention of effective technological 
measures, designed to protect the rights under this Act. (2) Technological measures as mentioned in  the foregoing paragraph, mean any technology, 
computer program or other measure that are design ed to, in the normal c ourse of their operation,  IP/N/1/SVN/C/1 
 Page 9 
 
 
prevent or inhibit the infringement of rights under this Act. These measures shall be deemed 
effective, where the access to or use of a copyright work or subject matter of related rights is controlled through a protection pr ocess which achieves the protection goal in an operational and 
reliable manner and with the authorization of the right holders.  
(3) An anti-protective act as mentioned in the first paragraph of th is Article, means any 
circumvention of effective technology measu res. It means in addition the manufacture, 
importation for distribution, distribution, sale, rental, advertisement for sale or rental,  or 
possession for commercial purposes of a technolog y, device or computer program, or the 
unauthorized provision of services, which: 
1 are advertised or marketed for the purpose of circumvention of effective 
technological measures; or 
2. have a significant commercial purpose or use only from the aspect of circumvention of 
effective technological measures; or 
3. are primarily designed, produced, adapt ed or performed for the purpose of the 
circumvention of effective technological measures.  
(4) This Article shall apply mutatis mutandis also to any technology, device or computer 
program, by which electronic rights-management info rmation is removed or altered (Article 166)." 
 
Article 27 
 
 Article 184 shall be changed as follows: 
 
"Article 184 
 (1) By a fine of no less than SLT 400.000 shall be  punishable for a misdemeanor any legal entity 
or any independent individual entrepreneur who: 
1. without the assignment of the relevant ec onomic right, when such assignment is required 
under this Act, reproduces, distributes, rents, publicly performs, publicly transmits, publicly communicates, publicly presents, broadcasts, rebroadcasts, secondary broadcasts, makes 
available to the public, transforms or audiovisually adapts a work or a copy of it, or otherwise 
uses it (Article 21 and 22); 
2. possesses a copy of a computer program for commercial purposes, knowing or having reason 
to believe, that it is an infringi ng copy (Article 116, item 2); 
3. without the assignment of the relevant excl usive right, when such assignment is required 
under this Act, fixes a live performance, reproduces, distributes, rents or makes available to 
the public a fixation of a performance or a phonogram or videogram with a performance, or 
otherwise uses a performance (Article 121); 
4. without the assignment of the relevant exclusive right, when such assignment is required 
under this Act, reproduces, distributes, rents or makes available to the public a phonogram or 
videogram, or otherwise uses it (Articles 129, 134 ); 
5. without the assignment of the relevant excl usive right, when such assignment is required 
under this Act, retransmits, fixes, reproduces, distributes or makes available to the public a 
broadcast or a fixation of a broadcast, or otherwise uses it (Article 137 ); 
6. without the assignment of the relevant exclus ive right, when such assignment is required 
under this Act, reproduces, distributes, rents or makes available to the public a database or a 
copy of it, or otherwise uses it (Articles 141. c); 
7. removes or alters any rights-management informa tion (Article 166, Paragraph  (1), Item 1);  
8. reproduces, distributes, imports for distribu tion, rents, or communicates to the public a 
copyright work or subject matter of related rights or a copy thereof where electronic rights-
management information has been removed or altered without authorization (Article 166, 
Paragraph (1), Item 2); IP/N/1/SVN/C/1 
Page 10  
 
9. circumvents effective technological measu res or manufactures, imports for distribution, 
distributes, sells, rents, advertises for sale  or rental, possesses for commercial purposes a 
technology, device or computer program, or pr ovides a service or carries out any other 
anti-protective act for the purpose of circumv ention of effective technological measures, 
designed to protect the rights under this Act (Article 166 a, Paragraphs (1), (2) and (3)); 
10. manufactures, imports for distribution, distribut es, sells, rents, advertises for sale or rental, 
possesses for commercial purposes a technology , device or computer program for the 
removal or alteration of rights-management information (Article 166.a, Paragraph (4)). 
 
(2) By a fine of no less than SLT 80.000 shall be punishable an institutional legal representative 
of a legal entity who commits a misdemeanor  mentioned in the foregoing paragraph. 
 (3) By a fine of no less than SLT 80.000 shall be punishable an individual who commits a 
misdemeanor mentioned under pa ragraph (1) of this Article. 
 
(4) The articles which were used or intended fo r or created by the misdemeanor shall be 
confiscated. " 
 
Article 28 
 
 Paragraph (1) of Article 186 shall be changed as follows: 
 
"Article 186 
 (1) Control over the implementation of provisi ons of this Act contained in Items 1 to 10 of 
Paragraph (1) of Article 184 and Items 1 to 3 of Paragraph (1) of Article 185 shall be the competence 
of the Market Inspection. The proceedings for th ese cases are summary." 
 
Article 29 
 
 In Article 189 a new Paragraph (4) shall be added as follows: 
 
"(4) The rights which pursuant to this Act can be administered only collectively, may be 
administered individually as long as the Office has not granted a permission for their collective 
administration or until a respective authors' co llective agreement has not been entered into." 
 
Article 30 
 
 In Article 193 a new Paragraph (4) shall be added as follows: 
 
"(4) This Act applies to databa ses as subject matter of related rights, the making of which was 
completed after 1 January 1983." 
 
Article 31 
  This Act shall enter into force on the fifteen th day following its publication in the Official 
Gazette of the Republic of Slovenia. 
 
__________