WORLD TRADE
ORGANIZATIONIP/C/W/117/Add.27
5 February 2003
(03-0745)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS
OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Reponses to the Checklist of Questions1
Addendum
SLOVENIA
This document contains the responses to the checklist of questions which the Secretariat has
received from the Permanent Mission of the Republic of Slovenia in a communication dated
13 January 2003.
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RESPONSES TO THE CHECKLIST OF QUESTIONS ON
GEOGRAPHICAL INDICATIONS (IP/C/13)
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/ registration
before protection is available; or through both? Does the recognition of a geographical
indication require registration?
The Protection of Competition Act deals with "unfair competition", which includes fraudulent
use of geographical indications as an illegal act by a person or a company.
There is a formal procedure for the registration of geographical indications on the basis of
legal acts and supporting legislation.
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
There are three separate regimes, depending on the nature of the product:
Handicrafts and other goods are governed by the Industrial Property Act (Official Gazette
RS No. 45/01) and supporting decrees.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.IP/C/W/117/Add.27
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Wine and products from wine are governed by the Wine and other Grape and Wine Products
Act (Official Gazette RS, No. 70/97, 16/01 as amended) with executive regulations under this
Act.
Agricultural products and foodstuffs are governed by the Agriculture Act (Official Gazette
RS, No. 54/00 ) and Rules on Procedures for Recognition of Special Agricultural Products and
Foodstuffs (Official Gazette No. 44/02).
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No, services are not covered.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws
should be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
Article 13(3) of the Protection of Competition Act (Official Gazette RS, No. 13/93) provides
that unfair competition includes in particular: sale of goods bearing designation or data which will or
might lead to confusion concerning the origin, method of production, quantity, quality or the other
properties of goods.
Article 58(2) of the Industrial Property Act provides that the use of a registered geographical
indication by unauthorised persons is prohibited, and Article 58(3) that such use is prohibited where
the goods do not originate in the place indicated by the geographical indication, even if the true origin
of the goods is indicated, and where the geographical indication is used in translation or accompaniedby expressions such as "kind", "type", "style", "imitation" or the like.
The Agriculture Act provides in Article 49 that industrial property regulations shall be used
for judicial protection in reference to the prot ected agricultural products or foodstuffs.  Also
Article 50 of the same act provides that labelling and other elements relating to the marketing of
agricultural products or foodstuffs may not verbally, illustratively, or in any other way, mislead the
consumer with regard to geographical denomination.
The Wine and other Grape and Wine Products Act defines in Article 29 how a right to use an
indication of geographic origin is obtained by an applicant and how these indications can be used.
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, the mechanisms through which the protection required
is provided.
Not applicable.
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and in dicate the means by which such protection is
provided.
Protected agricultural products and foodstuffs are various types of cheeses, specific type of
ham products, olive oil, etc.  These types of products have been registered in accordance with the
Industrial Property Act 20, while other products are under procedure of registration on the basis of the
Agriculture Act.IP/C/W/117/Add.27
Page 3
Other products under protection are wine and products from wine, handicrafts and other
goods, such as, specific type of lace.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the
TRIPS Agreement provided for any other product?  If so, please specify such products and the
law under which they are protected.
Yes, agricultural products and foodstuffs, which are protected under the Agriculture Act,
enjoy the same type of protection as wine and spirits.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Definition according to Industrial Property Act:
Geographical indications: Geographical indications eligible for registration are indications,
which identify a good as originating in a territory, or a region or a locality in that territory,
where a given quality, reputation or other characteristic of the good is essentially attributable
to its geographical origin (Article 55 of Industrial Property Act).
Definition of designations of the geographical origin of wine according to the Wine and other
Grape and Wine Products Act:
Protected geographical origin: It may only be used for quality wines, provided that the grapes
and wine are produced in a territory identical with or contained within a single viticulture
district.  The names and conditions for the protected geographical origin of wine shall be
prescribed.  The legal protection of rights is guaranteed by this Act and by regulations onindustrial property (Article 4 of Wine an d other Grape and Wine Products Act).
Recognised geographical indication: It applies to land wines made from grapes produced in a
particular viticulture region or an area contained within it.  The names and conditions for the
recognised geographical indication are prescribed.  The legal protection is guaranteed by this
Act and by regulations on industrial property (Article 4 of the Wine and other Grape and
Wine Products Act).
Recognised traditional denomination: The right to use it for wines must be supported by a
study, prepared beforehand, which defines the geographical territory and characteristics of
wine, and substantiates the use of traditional denominations. The study is to be prepared by
the producers involved and shall be certified by the Minister of Agriculture.  On entering aname of recognised traditional denomination into  the register of the geographical designation
of wine, the producers acquire the right to protection of the designation under this Act and
under the regulations on industrial property (Article 4 of the Wine and other Grape and Wine
Products Act).
Definitions according to the Agriculture Act:
Geographical indication; shall be the name of a geographical region, in exceptional cases, a
country, used to describe an agricultural product or a foodstuff, and the production and/or
processing and/or market preparation of whic h take place in the defined geographical area.
The geographical indication may be used for an agricultural product or a foodstuff:-
originating in a certain geographical region, and- which possesses a specific quality,IP/C/W/117/Add.27
Page 4
reputation or other characteristics attributable to a certain geographical region (Article 46 of
the Agriculture Act).
Designation of origin: shall be the name of a geographical region, in exceptional cases, a
country, used to describe an agricultural product or a foodstuff originating exclusively in a
certain geographical region, where the raw materials of the products concerned come from thesame geographical area .
The traditional geographical or non-geographical names designating an agricultural product
or a foodstuff shall also be considered as designations of origin of agricultural products and foodstuffs
if they fulfil the legal conditions for such designations.
The designation of origin may be used for agricultural products and foodstuffs the
characteristics of which are, essentially or exclusively a result of natural and human factors, and the
production, processing and market preparation of which takes place in the defined geographical area
(Article 47 of the Agriculture Act).
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?
No.
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?
The basis for the protection of geographical indications is long lasting producer tradition,
good reputation and specific geographic conditions for the production of certain products.
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indica tions?  If so, how much? And do these products
involve any human factors?
The geographical environment referred to include natural factors and human factors such as
traditional knowledge and the respect of traditional procedures.
12. Are they any other intellectu al property rights involved, such as patents for example?
No.
13. What authority, if any, may define the geog raphic region or area for which rights are
claimed and on what basis is such definition made?
The Ministry of Agriculture defines the geographical region or area on the basis of Article 4
of the Wine and other Grape and Wine Products Act and Articles 46(3) and 47(4) of the Agriculture
Act.
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
Yes. In the case of homonymous geographical names, both geographical territories must be
precisely defined so that it is impossible for consumers to be misled (Article 26(9) of the Wine and
other Grape and Wine Products Act).IP/C/W/117/Add.27
Page 5
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Yes.  The Agriculture Act provides in Article 48 (3) that geographical denomination may be
acknowledged for the benefit of a foreign person on the basis of the international treaty on mutualprotection of geographical denominations.
Article 27 forbids any kind of misleading information.  This article includes imported wines.
Combined with other articles of the act including t hose, which refer to inspections, there is a basis for
the protection of geographical indications of products of other countries.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the countr y of origin?  If so, please specify the relevant
statutory provision.
As a general rule, the protection of geographical indications is based on the principle of
recognition in the country of origin.
C. P
ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a
geographical indication?
According to Article 104(1) of the Industrial Property Act, a request for the registration of a
geographical indication may be filed by associations of legal or natural persons, chambers, larger
local communities or State authorities.
The procedure for registering geographical denominations (conducted by The Office for
Recognition of Geographical Denominations) shall start with the filing of an application by the
producer, processor or their association including private entities.
A wine producer is entitled to designate the geographical origin of wine and other products
upon evaluation of the wine, and when the following criteria are met, wine is produced in certain
viticulture territorial region, specific characteristic are possessed by the wine (Article 26(1) of theWine and other Grape and Wine Products Act).  The protection is provided in an ex officio basis.
18. What are the competent authorities where the protection of a geographical indication
can be obtained?
The following authorities are competent to provide the protection of the geographical
indications:
− Ministry of Agriculture, Forestry and Food, for wine and wine products;
− Office for Recognition of denominations of Agricultural Products and Foodstuffs
established within the Ministry of Agriculture, Forestry and Food, for agricultural
products and foodstuffs;
− Slovenian Intellectual Property Office for handicrafts.IP/C/W/117/Add.27
Page 6
19. Do the procedures which lead to the recognition of geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
According to the Agriculture Act the procedures for the agricultural products or foodstuffs are
prescribed by the minister, an initiative may come from the producers, processors or their associationswhile the protection of geographical indication is on an ex officio basis.  According to the Rules on
Conditions for the Use of Geographical Denominations for Agricultural Products and Foodstuffs
(Official Gazette No.  7/01) a procedure is initiated upon an application of a producer, processor or
their association.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
For agricultural products and foodstuffs. Fees must be paid upon filing of an application for
recognition of geographical denomination for agricultural products and foodstuffs (including wines)
according to the Act on the administrative fees.  There are no fees for maintenance of rights.
21. If criteria must be set out in an application for recognition of a geographical indication,
are those criteria purely geographic in nature?
No. See reply to question 23 below.
The criteria are not purely geographical, but historical, traditional, etc.
22. What other criteria, if any, must be set out in an application for recognition of a
geographical indication?
See reply to question 23 below.
23. What information must be supplied in an application for rights in a geographical
indication?
The request for the registration of a geographical indication (under Article 104(2) of the
Industrial Property Act) must be accompanied by a specification including, in particular:
(a) indication to be registered as a geographical indication; (b) indication of the good to which that
geographical indication relates; (c) a description of the good including the raw materials and principal
physical, chemical, microbiological, organoleptic or other characteristics of the good; (d) indication of
location or region, including borders; (e) a description of the method of obtaining the good and, ifnecessary, the authentic and unvarying local methods; (f) details bearing out the link between the
good and the location or region; (g) details of inspection structures; (h) labelling details.
The application for registration under the Agriculture Act must contain: identification data of
the applicant (name and surname, or name of the company, address of the applicant or the company'sheadquarters, personal registry number of the applicant or the registry number of the company, tax
number), the legal status of the company and in case of a farm, the KMG-MID number; a proposal for
the denomination of the agricultural product or foodstuff, including the designation of origin or the
geographical indication; a description of the agricultural product or foodstuff, including the raw
materials and the principal physical, chemical, microbiological and/or organoleptic characteristics ofthe product or foodstuff; a definition of the geographic area of production and/or processing;
documentation proving that the agricultural product or foodstuff originates from the geographical
area, thus justifying direct connection with the geographical area or origin; a description of the
method of production or processing of the agricultura l product or foodstuff and/or preparation for theIP/C/W/117/Add.27
Page 7
market and a description of authentic and unvarying local methods of these exist; internal regulations
for labelling; measures and instruments to ensure the prescribed quality; statute of the association.
24. Must the goods or services with respect to which a geographical indication is claimed be
set out?
Yes.
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
No opposition procedure is provided under the Industrial Property Act or the Agriculture Act.
There is a possibility of a litigation procedure before the Administrative Court.
26. Who can oppose the recognition of a geographical indication?
In general, any natural or legal person who has a legitimate economic interest can oppose the
recognition of a geographical indication.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of foreign countries, what is the procedure that has to be followed in
order to obtain such recognition and consequent protection?
The recognition and protection of geographical indications or appellations of foreign
countries is possible only on the basis of an international agreement.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The term of protection of a registered geographical indication is unlimited (Article 60 of
Industrial Property Act).  In the case of agricultural products and foodstuffs (including wines),
protection is unlimited as far as agricultural products and foodstuffs comply with regulations.
29. If recognition of a geographical indication must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify any
fees involved in renewal or reaffirmation.
There is no renewal or reaffirmation procedure for a registered geographical indication.
30. Must geographical indication be used in order to maintain rights?  If so, how is such use
determined?
There is no provision of this kind.
31. Is there a specified limit for non-use before ri ghts in a geographical indication case and,
if so, what is that limit?
There is no provision of this kind.IP/C/W/117/Add.27
Page 8
32. Who monitors the use of geographical indicati ons to determine if the criteria identified
in the application continue to be met?
The following authorities monitor the use of geographical indications:
− Association of producers (regarding handicrafts)
− Agricultural inspection services (regarding wine)
− Inspectorate for Quality Control of Agricultural Products and Foodstuffs
33. If a government entity is responsible for monitoring the use of geographical indications,
what are its procedures for doing so?
Aside from the authorizations given on the basis of general rules regulating the inspection, an
inspector for the quality control of agricultural products or foodstuffs also has the following
authorizations and competences:  checking of documents of conformity of agricultural products or
foodstuffs being traded in; control of the prescribed quality of agricultural products or foodstuffs;
taking of samples of goods for analysis, for which a certificate must be issued; control of the
fulfilment of conditions for labelling and marks of  conformity of agricultural products or foodstuffs
with the relevant criteria; access to databases ne eded for the exertion of control; proposing of the
deletion from the databases pursuant to this Act; ascertaining whether the organizations for the
assessment of conformity in the first and second indents of Article 65 of this Act fulfil the prescribed
conditions.
In the case of wines agricultural inspectors have additional competence on the basis of the
Wine and other Grape and Wine Products Act.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?Describe the procedure.
In case of non-use there are no provisions for terminations.  In case of failure to maintain the
criteria identified in application there are two possibilities.  The procedure starts with the report to the
inspectorate or the inspector during monitoring which establishes a breach of regulations.
The control over legal or natural persons who own a registered production of the agricultural
product or food (hereinafter referred to as the producer), is carried out by the certification body.
The control of the producer's establishment is carried out at least once a year.  It involves a
complete physical control and if necessary, also unannounced routine controls.  After each complete
physical control, a report is written.
If the report expresses suspicion that the production is not carried out in accordance with the
specification, or that the producer falsifies or even endangers consumers health, the certification body
informs the competent inspector.  The certification b ody also informs the controlled legal or physical
person of the proceedings.
On the basis of the proposal by the certification body, the competent office deletes the
producer from the register of producers if the producer is not in compliance with the prescribed
conditions.IP/C/W/117/Add.27
Page 9
35. Do the procedures, which lead to forfeiture of a geographical indication, take place ex
officio or must they be based on the initiative of an entity or person?
The procedures take place ex officio.
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication aft er recognition is given or must additional criteria
or procedures be followed by that party before use is permitted?
A registered geographical indication is a collective right and may be used as such in the
course of trade only by those who, in accordance with the specifications, produce or market the goods
protected by the geographical indication (Article 58(1) of the Industrial Property Act).  The same
applies to agricultural products and foodstuffs on the basis of the Agriculture Act.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognit ion or the entity that obtained the recognition?
The entity responsible for recognition.
38. Are there fees involved in  receiving authorization to use a particular geographical
indication and, if so, what are those fees and how are they established?
There are no specific fees for an application or authorization to use a particular geographical
indication. It is necessary to pay the costs of a required certification on a basis of a tariff.
In case of wines an applicant pays the costs of tests.
39. If there is a dispute regarding use of a geographical indication by a particular party,
what procedures are followed to resolve it?
In all cases it is possible to initiate procedures before the Administrative Court.
40. Must individual authorized users of a geog raphical indication use that geographical
indication continually to retain their right to us e it and, if so, how is their use determined and
how long will disuse be permitted?
There are no provisions for cancellation of authorizations to use geographical indications or
any conditions that such use must be continuous.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Refer to the reply to question 40.
42. Does the regime for protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licenses?  If such
conditions are not met, what is the ef fect on the geographical indication?
There are no provisions for licencing.IP/C/W/117/Add.27
Page 10
43. How is "grandfathered use" of a geographical indication, under Article 24.4. of the
TRIPS Agreement, applied in your country?
No "grandfathered use" of geographical indications exists.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
A mark shall not be cancelled nor its use prohibited where a mark which is identical with or
similar to a registered geographical indication has been applied for or registered in good faith, or
where rights to a mark have been acquired through use in good faith before the geographicalindication has been registered (Article 59(1) of Industrial Property Act).
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See reply to question above.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
Article 44(1)(f) of Industrial Property Act provides that a sign shall not be eligible for
registration as a mark if its use contradicts an earlier right to a geographical indication, unless the
owner of the earlier right gives his express consent to the registration of such sign (relative ground for
refusal).
Article 56(d) of Industrial Property Act provides that a geographical indication shall not be
eligible for registration if, in the light of a mark's reputation and renown and length of time it has been
used, registration is liable to mislead the consumer as to the true identify of the product.
A trademark for wines and other grape products which at the same time directly or indirectly
indicates geographical origin can be used under the condition that the wine has been produced in a
geographical area that is directly or indirectly indicated.
Labelling and other elements relating to the ma rketing of agricultural products or foodstuffs
may not verbally, illustratively or in any other way, mislead the consumer with regard to geographical
denomination.
With regard to geographical denomination, the fo llowing shall be deemed to be particularly
misleading:
− use of the indication on the agricultural pr oduct or foodstuff which was not produced,
processed or prepared for the market in comp liance with the regulations enabling the use
of the indication of geographical region, even though the true source, the origin of theagricultural product or foodstuff is indicated, and also in the case when the used
indication is composed of the name of the geographical region;
− if the used indication is translated or acco mpanied by an expression such as "style",
"type", "method", "imitation", or similar.IP/C/W/117/Add.27
Page 11
Industrial property regulations shall be used for judicial protection of rights in reference to the
agricultural products or foodstuffs, which are granted geographical denomination pursuant to this act.
In case of misleading inspection for quality control can prohibit the trading for agricultural products
or foodstuffs, which are misleading or could mislead a consumer.  A fine can also be imposed in such
cases.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced? Are provisions available under
unfair competition law? Trademark law? Other la ws? Provide citations to the laws and, if they
have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Any person who uses a registered geographical indication without authorization is liable for
any damages in accordance with the general regulations governing compensation for damages
(Article 121 of the Industrial Property Act).
48. Who has the right to enforce a geographical indication?
The owner of the geographical indication has the right to file an action for infringement
(Article 121(1) of the Industrial Property Act).
49. What judicial or administrative bodies have jurisdiction over enforcement actions
related to geographical indications? Are there fe es involved and, if so, what are those fees?
The District Court Ljubljana is competent for all cases relating to infringements of intellectual
property rights.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
The public is informed of the existence of a geographical indication through its publication in
the Official Journal of the Slovenian Intellectual Property Office and in the Official Gazette of the
Republic of Slovenia.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures. If the law has not been  notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
Yes. Article 238 of the Penal Code of Slovenia criminalizes fraud in the area of the
intellectual property.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an internatio nal, including bilateral or plurilateral,
agreement for the notification and/or registration of geographical indications? If so, please
name the international agreement and explain the relationship between it and your national
legislation.
Yes, there is an agreement between the European Communities and the Republic of Slovenia
on the Reciprocal Recognition, Protection and Control of Wine Names and Agreement between the
European Communities and the Republic of Slovenia on the Reciprocal Recognition, Protection andControl of Designation for Spirit and Aromatised Drinks (Official Gazette RS - International
Treaties No 31/01).IP/C/W/117/Add.27
Page 12
53. What other international agreements, if an y, have been entered into? What do those
agreements provide?
No other agreements have been entered into.
RESPONSES TO THE CHECKLIST OF QUESTIONS ON
GEOGRAPHICAL INDICATIONS (IP/C/13/Add.1)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or sp irits against products not originating in the
place indicated by the geographical indication , even where the true origin of the goods is
indicated or the geographical indication is used  in translation or accompanied by expressions
such as "kind", "type", "style", "imitation" or the like?
Yes, it does.
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related
law, or are there any substantive criteria to distinguish these terms?
Yes, see reply to question 8.
3. Does your legislation contain criteria for homonymous geographical indications for
wines and spirits?
Yes, see reply to question 14.
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which co nsists of or contains geographical indications
identifying wine or spirit with respect to such wines or spirits not originating in the indicated
territory?
Yes. A sign shall not be eligible for registration as a mark if it contains or consists of a
geographical indication identifying wine or spirits, where the mark application relates to wines or
spirits not having this origin (Article 43(1)(d) of the Industrial Property Act).
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