The unofficial consolidated version of the Industrial Property Act comprises: 
- Industrial Property Act – ZIL-1 (Official Gazette of the Republic of Slovenia [ Uradni list 
RS], No 45/01 of 7 June 2001), 
- Act Amending the Industrial Property Act – ZIL-1A (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 96/02 of 14 November 2002), 
- Industrial Property Act – Official Consolidated Text – ZIL-1-UPB1 (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 7/03 of 23 January 2003), 
- Act Amending the Industrial Property Act – ZIL-1B (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 37/04 of 15 April 2004), 
- Industrial Property Act – Official Consolidated Text – ZIL-1-UPB2 (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 102/04 of 21 September 2004), 
- Act Amending the Industrial Property Act – ZIL-1C (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 20/06 of 24 February 2006), 
- Industrial Property Act – Official Consolidated Text – ZIL-1-UPB3 (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 51/06 of 18 May 2006), 
- Act Amending the Industrial Property Act – ZIL-1D (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 100/13 of 6 December 2013), 
- Act Amending the Industrial Property Act – ZIL-1E (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 23/20 of 14 March 2020). 
- Act Amending the Industrial Property Act – ZIL-1F (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ], No 76/23 of 12 July 2023). 
INDUSTRIAL PROPERTY ACT (ZIL-1) 
 
(Unofficial consolidated version No 9) 
Chapter One 
FUNDAMENTAL PRINCIPLES 
Article 1 
(Subject of the Act) 
(1) This Act lays down the types of industrial property rights under this Act and 
procedures for granting and registering these rights, revocation and invalidation of a trade 
mark, judicial protection of rights and the representation of parties in proceedings under this 
Act. 
(2) Industrial property rights under this Act shall be patents, supplementary 
protection certificates, industrial designs, trade marks and geographical indications. 
(3) This Act shall transpose the following into the legislation of the Republic of 
Slovenia: 
- Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the 
legal protection of biotechnological inventions (OJ L 213, 30.7.1998, p. 13), 
- Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 
on the legal protection of designs (OJ L 289, 28.10.1998, p. 28), 
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on 
the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45), except in the 
part relating to the enforcement of copyright and related rights; and - Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 
December 2015 to approximate the laws of the Member States relating to trade marks 
(OJ L 336, 23.12.2015, p. 1). 
Article 2 
(Equality of foreign and domestic entities) 
(1) Legal and natural entities from other countries shall, in respect of the protection 
of industrial property rights in the Republic of Slovenia, enjoy the same rights as domestic 
legal or natural persons or entities, this in accordance with the Agreement on Trade-Related 
Aspects of Intellectual Property Rights of 15 April 1994 (Official Gazette of the Republic of 
Slovenia – International Treaties [ Uradni list RS–MP ], No 10/95; hereinafter: the TRIPS 
Agreement) or the principle of reciprocity. 
(2) The existence of reciprocity shall be proven by the person who invokes it. 
Article 3 
(Applications for the acquisition of industrial property rights) 
(1) Subject to Article 17 of this Act, the acquisition of an industrial property right in 
the Republic of Slovenia shall be requested by filing a national application with the Slovenian 
Intellectual Property Office (hereinafter: the Office) in accordance with this Act. 
(2) The acquisition of industrial property rights in the Republic of Slovenia may 
also be requested on the basis of applications filed abroad if this is in accordance with an 
international treaty that is binding on the Republic of Slovenia. The legal effect of the 
industrial property rights granted or registered on the basis of such applications shall be the 
same as that of the industrial property rights granted or registered on the basis of national 
applications, unless otherwise provided by the international treaty. 
(3) A person cannot acquire an industrial property right on the basis of a national 
application if prior to this they have filed an application under the preceding paragraph for the 
acquisition of the same right. 
(4) The acquisition of industrial property rights abroad may also be requested on 
the basis of applications filed with the Office if this is in accordance with an international 
treaty that is binding on the Republic of Slovenia. 
Article 4 
(Priority of first application) 
When two or more applicants file applications to acquire protection for the same 
invention, design or sign in the Republic of Slovenia, the applicant whose date of filing of the 
application or, if priority is claimed, the earliest date of priority shall have priority over the 
other applicant. 
Article 5 
(Office) 
(1) The main tasks of the Office shall be: 
a) to accept applications for the acquisition of industrial property rights; b) to autonomously and independently conduct procedures for granting patents and 
registering industrial designs, trade marks and geographical indications and to grant 
patents and register industrial designs, trade marks and geographical indications; 
c) to keep the registers of industrial property rights and other registers provided for by this 
Act; 
d) to conduct proceedings for the revocation and invalidation of a trade mark; 
e) to provide information services relating to industrial property rights; 
f) to represent the Republic of Slovenia in foreign and international organisations operating 
in the field of industrial property, pursuant to the positions, instructions and 
authorisations issued by the Government of the Republic of Slovenia; 
g) to perform other tasks falling within its competence. 
(2) The Office shall issue its official journal containing information on applications 
and industrial property rights. 
(3) The Office shall autonomously conduct and record financial transactions 
relating to the payment of fees under this Act and payments for services provided pursuant to 
Article 7 of this Act. 
(4) The Office shall be managed by the Director, who shall be responsible for its 
operation and shall be appointed by the Government of the Republic of Slovenia. 
Article 6 
(Decisions of the Office) 
(1) In proceedings for the granting or registration and maintenance of industrial 
property rights, proceedings concerning the keeping of registers of rights and other registers 
and proceedings for the revocation and invalidation of a trade mark, the Office shall issue 
decisions and other acts pursuant to this Act. In the absence of relevant provisions in this 
Act, the Act governing general administrative procedure shall apply subsidiarily. 
(2) Proceedings concerning applications under paragraphs two or four of Article 3 
of this Act shall be conducted by the Office pursuant to international treaties that are binding 
on the Republic of Slovenia and rules and instructions issued to implement the international 
treaties concerned. In the absence of relevant provisions in the relevant international treaty 
that is binding on the Republic of Slovenia and rules and instructions issued to implement the 
international treaty concerned, the provisions of this Act shall apply mutatis mutandis . 
Article 7 
(Provision of information) 
(1) Subject to Article 8 of this Act, the Office shall allow any person access to files 
concerning applications and to information on applications and rights granted or registered. 
(2) Against payment, the Office shall provide information on the state of the art 
contained in patent documents and other services related to information and documentation. 
(3) The Office may conclude contracts with international organisations and offices 
for the provision of information services, including contracts for the preparation of prior art 
searching with a written opinion as to whether the invention meets the conditions referred to 
in Articles 10, 12, 14 and 15 of this Act. 
(4) Any person who wishes to obtain prior art searching with a written opinion as to 
whether their invention meets the conditions referred to in Articles 10, 12, 14 and 15 of this Act shall submit to the Office a translation of the patent application or the description of the 
unregistered invention in English and shall pay the costs of the Office and the costs charged 
by the international organisation or office referred to in the preceding paragraph. 
(5) Where prior art searching with a written opinion as referred to in the preceding 
paragraph for an invention claimed before the Office is carried out by the European Patent 
Office (hereinafter: the EPO), the report of the prior art searching with a written opinion as 
referred to in the preceding paragraph shall be incorporated in the file, but shall not have an 
impact on the issuing of the decision on the granting of a patent as referred to in Article 90 of 
this Act. 
(6) The minister responsible for industrial property shall issue an order on tariff, 
fixing the types and amounts of payments referred to in paragraphs two and four of this 
Article. 
Article 8 
(Secrecy and access to applications) 
(1) Files related to patent and industrial design applications shall be considered an 
official secret until the publication of the patent application in the official journal of the Office 
or the registration of the industrial design. 
(2) Access to the files that are an official secret shall only be possible with the 
consent of the applicant. 
(3) Access to a file that is an official secret without consent of the applicant shall 
only be allowed to a person who can prove that, in relation to their acts, the applicant 
informed them in writing about the application and the scope of protection sought. 
(4) If a patent application concerning a deposited biological material has been 
refused or withdrawn and if the applicant so requests, access to the deposited biological 
material shall only be permitted to an independent expert until the expiry of 20 years from the 
date of filing of the application. 
(5) The Office may publish or communicate to third parties the following data 
before the publication of the patent application in the official journal of the Office: 
a) the number of the application; 
b) the filing date of the application and, if priority is claimed, the date, country or office and 
the number of the first application; 
c) information on the applicant (full name and address or business name and registered 
office); 
d) the title of the invention. 
(6) Notwithstanding the provisions of paragraphs one to five of this Article, the 
Office may, with the consent of the applicant, transmit the patent application to another office 
with which a contract has been concluded, in order to carry out prior art searching with a 
written opinion on meeting the conditions laid down in Articles 10, 12, 14 and 15 of this Act 
for the invention applied for. 
Article 9 
(Fees) 
(1) Fees shall be payable for the acquisition, maintenance of validity of the rights, 
revocation and invalidation of a trade mark under this Act. Fees shall be paid within the time limits provided by this Act. The amounts of fees shall be determined by the Government of 
the Republic of Slovenia by way of a decree. 
(2) In procedures in which fees under the preceding paragraph are paid, the fees 
under the Act governing administrative fees shall not be payable. 
(3) If procedural fees are not paid in due time or are not paid in full, they shall be 
deemed not to have been paid and the application to be withdrawn, unless otherwise 
provided by this Act. At a payer's request, the Office shall reimburse the amount paid. 
Chapter Two 
PATENTS 
Section 1 
Patents and short-term patents 
Article 10 
(Subject of patent protection) 
(1) A patent shall be granted for any invention from any field of technology that is 
new, involves an inventive step and is industrially applicable. 
(2) Detailed conditions for granting patents in respect of individual technical fields 
with specific technical or technological characteristics shall be defined by a decree issued by 
the Government of the Republic of Slovenia. 
Article 11 
(Exceptions to patent protection) 
(1) Discoveries, scientific theories, mathematical methods, aesthetic creations, 
plans, rules and procedures for mental activities, games or business activities, and computer 
programmes and presentations of information as such shall not be directly considered 
inventions under the preceding Article. 
(2) The provisions of the preceding paragraph shall exclude the patenting of the 
content or activities referred to in the preceding paragraph only to the extent that the patent 
application or the patent relates to such content or activities as such. 
3) A patent shall not be granted for: 
a) an invention the commercial exploitation of which is contrary to public order or morality, 
but such exploitation shall not be deemed to be contrary to public order or morality 
merely because it is prohibited by law or another regulation; 
b) the invention of a surgical or therapeutic procedure for the treatment of the human or 
animal body and of a diagnostic procedure applied to the human or animal body, other 
than an invention relating to products, in particular substances or mixtures, used in any 
of those procedures. 
Article 12 
(Novelty of invention) (1) An invention shall be considered to be new if it does not form part of the state 
of the art. 
(2) The state of the art shall be considered to comprise everything made available 
to the public by means of oral or written description, by use, or in any other way before the 
date of filing of the patent application. The effect of priority right shall be that the date of 
priority right shall be considered as the date of the filing of the application for the purposes of 
this Article. 
(3) The state of the art shall also include the subject matter of the following 
applications that have been filed before the date referred to in the preceding paragraph and 
published on or after that date: 
a) national patent applications, as originally filed with the Office; 
b) European patent applications, as originally filed with the EPO under the European Patent 
Convention of 5 October 1973, as last revised on 29 November 2000 (Official Gazette of 
the Republic of Slovenia – International Treaties [ Uradni list RS – MP ], No 19/02; 
hereinafter: the EPC), if seeking protection in the Republic of Slovenia; 
c) international applications, as originally filed under the Patent Cooperation Treaty of 
19 June 1970, as amended on 2 October 1979 and 3 February 1984 (Official Gazette of 
the Republic of Slovenia – International Treaties [ Uradni list RS – MP ], No 19/93; 
hereinafter: the PCT), received by the Office as the elected office in accordance with 
Article 39 of the PCT. 
(4) Notwithstanding the provisions of paragraphs two and three of this Article, a 
patent may be granted for a substance or mixture comprised in the state of the art to be used 
in a treatment procedure referred to in point b) of paragraph two of the preceding Article if its 
use in any such procedure is not comprised in the state of the art. 
(5) Notwithstanding the provisions of paragraphs two and three of this Article, a 
patent may be granted for a substance or mixture referred to in the preceding paragraph to 
be used in a treatment procedure referred to in point b) of paragraph two of the preceding 
Article if such use is not comprised in the state of the art. 
Article 13 
(Non-prejudicial disclosure of invention) 
(1) In applying Article 12 of this Act, a disclosure of invention shall not be taken 
into account if it occurred not earlier than six months prior to the filing of the patent 
application and was directly or indirectly due to: 
a) an evident abuse in relation to the applicant or their legal predecessor or 
b) the fact that the applicant or their legal predecessor has displayed the invention at an 
official or officially recognised international exhibition referred to in Article 62 of this Act. 
(2) The provision of point b) of the preceding paragraph shall only apply if the 
applicant states in the application that the invention has been so displayed and submits a 
relevant certificate thereof in accordance with paragraph two of Article 62 of this Act. 
Article 14 
(Inventive step) 
(1) An invention shall be considered as involving an inventive step if it is obvious to 
an expert that the subject of the invention is not a result of the state of the art within the 
meaning of paragraph two of Article 12 of this Act. (2) If the state of the art also includes documents referred to in paragraph three of 
Article 12 of this Act; such documents shall not be taken into account in assessing an 
inventive step. 
(3) If an applicant, in addition to the first patent application which has not yet been 
published, files another patent application concerning the same subject of invention, the first 
patent application shall not be taken into account in assessing an inventive step with regard 
to the second patent application. 
Article 15 
(Industrial applicability) 
An invention shall be considered as industrially applicable if the subject of the 
invention can be made or used in an industry of any kind, including agriculture. 
Article 16 
(Subject of short-term patent protection) 
(1) With the exception of the inventions of processes, plant varieties and animal 
breeds, a short-term patent may be granted for inventions that are new, industrially 
applicable and the result of a creative effort. 
(2) An invention shall be considered to be the result of a creative effort if it exhibits 
either particular effectiveness or practical advantage in industrial use. 
(3) The provisions of this Act concerning patents shall apply mutatis mutandis  to 
short-term patents, unless otherwise provided by this Act. 
Article 17 
(Confidential inventions) 
(1) Inventions that are important for the defence or security of the Republic of 
Slovenia shall be considered confidential and shall be registered with the ministry 
responsible for defence. 
(2) The conditions for the exploitation of confidential inventions, in particular 
compensation for exploitation, shall be agreed directly between the inventor and the ministry 
responsible for defence. 
(3) The application for an invention referred to in paragraph one of this Article may 
be filed with the Office if the ministry responsible for defence does not wish to exploit it or if it 
consents to the filing of the patent application. 
Article 18 
(Patent rights) 
(1) A patent shall confer the exclusive rights on its holder to prohibit a third party 
not having the holder's consent from: 
a) making, offering, placing on the market or using the product which is the subject of the 
patent, or importing or storing the product for those purposes; b) using the process which is the subject of the patent or, if the third party knows or ought 
to know that the use of the process is prohibited without the consent of the patent holder, 
from offering the process for use; 
c) offering, placing on the market, using, importing or storing for those purposes a product 
obtained directly by the process which is the subject of the patent. 
(2) A patent shall also confer on the holder the right to prohibit a third party not 
having the holder's consent from supplying or offering to supply to persons other than 
persons entitled to exploit the invention protected by the patent any means relating to the 
part of the invention which is essential for its use, if the third person knows or ought to know 
that those means are suitable and intended for the use of that invention. This provision shall 
not apply if the means are products of general consumption, unless the third party induces 
the person to whom it supplies to perform acts prohibited by the preceding paragraph. 
(3) Persons who commit the acts referred to in points a), b) or c) of Article 19 of 
this Act shall not be deemed to be the persons referred to in the preceding paragraph entitled 
to exploit the invention. 
(4) The scope of patent protection shall be determined by the content of the patent 
claims, and the description and any drawings shall also be used to interpret the patent 
claims. 
Article 19 
(Limitation of patent rights) 
The rights referred to in Article 18 of this Act shall not apply to: 
a) acts done privately and for non-commercial purposes; 
b) research and experiments of any kind relating to the subject of the patent irrespective of 
their final purpose; 
c) the extemporaneous individual preparation of a medicine in a pharmacy in accordance 
with a medical instruction or prescription, nor acts concerning the medicine so prepared; 
d) the use of an invention protected by a patent on board vessels of member states of the 
Union established by the Paris Convention for the Protection of Industrial Property of 20 
March 1883, as last revised on 1 October 2003 (Official Gazette of the of the Federal 
People's Republic of Yugoslavia – International Treaties [ Uradni list FLRJ – MP ], Nos 
5/74 and 7/86, and Official Gazette of the Republic of Slovenia – International Treaties 
[Uradni list RS – MP ], Nos 9/92 and 3/07; hereinafter: the Paris Convention); or of the 
members of the World Trade Organisation (hereinafter: the WTO) in which that patent 
has effect, in the hull of such vessels, machinery, pulleys, deck equipment and other 
ship's equipment, if such vessels temporarily or accidentally enter the waters of the 
Republic of Slovenia, provided that the invention is used there solely for the purposes of 
the vessel; 
e) the use of an invention protected by a patent during the manufacture or in the operation 
of aircraft, land vehicles or other means of transport of member states of the Union 
established by the Paris Convention (hereinafter: the Paris Union) or of the members of 
the WTO in which this patent has effect, or in the equipment of such aircraft or land 
vehicles, when they temporarily or accidentally enter the territory of the Republic of 
Slovenia; 
f) the acts specified in Article 27 of the Convention on International Civil Aviation of 
7 December 1944 (Official Gazette of the Federal People's Republic of Yugoslavia – 
International Treaties [ Uradni list FLRJ – MP ], Nos 3/54, 5/54, 9/61, 5/62, 11/63, 49/71, 
62/73, 15/78 and 2/80, and Official Gazette of the Republic of Slovenia – International 
Treaties [ Uradni list RS – MP ], No 9/92), if these acts concern the aircraft of a country to 
which the provisions of the aforementioned Article of the convention applies. g) acts and uses of the information obtained in computer programmes, which are permitted 
subject to the substantive limitations of copyright rights and decompilation under the Act 
governing copyright and related rights. 
Article 20 
(Right of prior use) 
(1) The rights of the patent holder under Article 18 of this Act shall have no legal 
effect on a person who has been using the invention in the Republic of Slovenia in good faith 
before the date of the application or, if priority is claimed, the date of priority or has been 
making preparations for such use and who is continuing such use. Such a person retains the 
right to use the invention but has no right to grant licence or otherwise dispose of the 
invention. 
(2) The right of the person referred to in the preceding paragraph to continue using 
the invention may only be transferred together with the enterprise or business in which the 
invention has been used or preparations for its use have been made. 
Article 21 
(Exhaustion of patent rights) 
(1) Patent rights shall not apply to acts concerning a product covered by the patent 
which are performed in the Republic of Slovenia after that product has been placed on the 
market in the Republic of Slovenia by the holder of the patent or with the holder's express 
consent, unless there are grounds which, under the law of the Republic of Slovenia, would 
justify the extension of patent rights to such acts. 
(2) The exhaustion of patent rights referred to in the preceding paragraph may be 
extended beyond the territory of the Republic of Slovenia if this is in accordance with an 
international treaty that is binding on the Republic of Slovenia. 
Article 22 
(Term of a patent) 
(1) Subject to paragraph three of Article 91 and relevant provisions of Article 109 
of this Act, the term of a patent shall be 20 years from the date of filing of the application. 
(2) Immediately on expiry, the term of a patent may be extended once if a state of 
war or similar state of emergency is declared, this for the duration of such state or situation 
but not for more than five years. 
(3) Immediately on expiry of the term of the patent, a supplementary protection 
certificate may be granted in accordance with a Decree of the Government of the Republic of 
Slovenia for the invention, this once and for no more than five years, if the subject of the 
patent is a product or a process of manufacturing or using a product that has to undergo an 
official approval procedure prescribed by an Act before it can be used for commercial 
purposes. 
Article 23 
(Term of a short-term patent) Subject to relevant provisions of Article 109 of this Act, the term of a short-term 
patent shall be ten years from the date of filing the application. 
Section 2 
European patent applications and European patents 
Article 24 
(Application of law) 
(1) Unless otherwise provided by the EPC, the provisions of this Act shall apply to 
patents granted by the EPO in accordance with the EPC (hereinafter: European patents) and 
to applications for a European patent filed in accordance with the EPC (hereinafter: 
European patent applications) where protection in the Republic of Slovenia is sought. 
(2) In the event of conflict between the provisions of the EPC and the provisions of 
this Act, the provisions of the EPC shall apply in respect of European patent applications and 
European patents. 
Article 25 
(Filing of European patent applications) 
(1) European patent applications, other than divisional applications, may be filed 
with the Office in any language allowed by paragraphs one and two of Article 14 of the EPC. 
(2) Article 17 of this Act shall apply to European patent applications for inventions 
that may affect the national security in the Republic of Slovenia. 
Article 26 
(Validity of European patent applications) 
(1) A European patent application seeking protection in the Republic of Slovenia to 
which a filing date has been accorded shall be equivalent to a national patent application, 
taking into account any priority claimed for the European patent application, regardless of its 
later outcome. 
(2) A published European patent application seeking protection in the Republic of 
Slovenia shall confer the protection provided under paragraph four of Article 122 of this Act 
from the date when the applicant notified the person using the invention in the Republic of 
Slovenia of a Slovenian translation of the patent claims of the published European patent 
application. 
Article 27 
(Validity of European patents) 
(1) A European patent seeking protection in the Republic of Slovenia shall, subject 
to paragraphs two and four of this Article, confer the same rights as a national patent granted 
by the Office under Article 18 of this Act from the date when the EPO publishes the mention 
of the grant in the European Patent Bulletin, unless provided otherwise by this Act. 
(2) The holder of a European patent must provide the Office with a Slovenian 
translation of the European patent claims and pay the prescribed fee for publication within three months of the date when the EPO published the mention of the grant in the European 
Patent Bulletin. 
(3) If the holder of the European patent complies with the preceding paragraph, 
the Office shall issue a decision on the entry of the European patent in the Office's register of 
patents and shall publish the patent information and the Slovenian translation of the patent 
claims. 
(4) If, after the European patent is granted, the scope of protection is amended so 
as to give effect to the European patent with amended patent claims, the patent holder shall, 
within three months of the date on which the EPO published in the European Patent Bulletin 
the mention of maintenance in amended form or the mention of the limitation of the European 
patent, or of the date of issue of the decision by which the Unified Patent Court revoked the 
European patent in part, submit to the Office a Slovenian translation of the amended patent 
claims and pay the fee for publication. 
(5) If the holder of the European patent complies with the preceding paragraph, 
the Office shall issue a decision on the validity of the patent with the amended patent claims 
and shall publish the patent information and the Slovenian translation of the amended patent 
claims. 
(6) If the translation referred to in paragraphs two or four of this Article is not 
submitted in due time or the fee for publication is not paid in due time, the European patent in 
the Republic of Slovenia shall be considered invalid. 
(7) If a European patent entered in the Office's register of patents is revoked in its 
entirety, the Office shall, ex officio , issue a decision declaring the patent entered in the 
Office's register of patents on the basis of that European patent to be invalid and shall 
publish the information concerning the invalidity of the patent. 
(8) The European patent application and the European patent granted on its basis 
shall be deemed not to have had any legal effect in the Republic of Slovenia from the outset 
to the extent to which the patent has been limited or revoked. 
Article 28 
(Authentic texts of European patent applications or European patents) 
(1) If a translation referred to in Articles 26 and 27 of this Act provides protection 
which is narrower than that provided in the language of the proceedings, the translation shall 
be considered the authentic text, except in opposition proceedings before the EPO. 
(2) The applicant for or the holder of a European patent may file a corrected 
translation of claims at any time. The corrected translation shall take legal effect on the date 
when the Office publishes it or on the date when the applicant for or the holder of the 
European patent notifies the person using the invention in the Republic of Slovenia of the 
corrected translation. 
(3) Any person who is using or has made effective and serious preparations to use 
the invention in good faith, and such use would not constitute infringement of the application 
or patent in the original translation, may continue such use in their business and for the 
needs thereof without payment even after the corrected translation takes effect. 
Article 29 
(Fees for European patents) (1) The fees for the maintenance of European patents in the Republic of Slovenia 
for years following the year in which the mention of the grant was published in the European 
Patent Bulletin shall be paid to the Office, subject to Articles 109 and 110 of this Act. If the 
maintenance fee for the third year of the European patent term has not been paid to the 
EPO, it shall be paid to the Office. 
(2) Notwithstanding the preceding paragraph, the first maintenance fee for a 
European patent shall fall due two months after the mention of the grant of the European 
patent in the European Patent Bulletin. 
(3) Pursuant to Article 39 of the EPC, a share of fees paid under this Article shall 
be remitted to the European Patent Organisation. 
Article 30 
(Conversion into a national patent application) 
(1) A European patent application seeking protection in the Republic of Slovenia 
may be converted into a national patent application, if the European patent application is 
considered to be withdrawn pursuant to paragraph three of Article 77 of the EPC or because 
the translation of the application under paragraph two of Article 14 of the EPC has not been 
filed in due time, as provided by paragraph three of Article 90 of the EPC. 
(2) The applicant shall pay the prescribed fee and file a Slovenian translation of 
the application with the Office within the prescribed time limit. 
Article 30a 
(Subsequent entry of a European patent in the register) 
(1) The holder of a European patent may, if the EPO has refused the application of 
the European patent's holder for the registration of the unitary effect of the European patent, 
apply for the entry of the European patent in the Office's register of patents within three 
months of the date on which the decision refusing the application for the registration of the 
unitary effect becomes final. The request shall be accompanied by: 
a) a Slovenian translation of the patent claims of the European patent as granted by the 
EPO, and of any amended patent claims; 
b) a copy of the operative part of the final decision, if any, of the Unified Patent Court and 
its Slovenian translation. 
(2) The holder of the European patent shall, within the time limit referred to in the 
preceding paragraph, pay the publication fee and all fees for the maintenance of the 
European patent in the Republic of Slovenia which were due by the date of filing the 
application referred to in the preceding paragraph, subject to paragraph one of Article 29 and 
Article 109 of this Act. 
(3) If the holder of the European patent complies with paragraphs one and two of 
this Article, the Office shall issue a decision on the entry of the European patent in the 
Office's register of patents and shall publish the patent information and the Slovenian 
translation of the patent claims. 
(4) If the holder of the European patent who files the application referred to in 
paragraph one of this Article fails to comply in due time with the requirements referred to in 
paragraphs one and two of this Article, the European patent shall be deemed to be invalid in 
the Republic of Slovenia. Article 31 
(Simultaneous protection) 
(1) If a European patent claiming protection in the Republic of Slovenia, 
irrespective of whether unitary effect is registered, and a national patent granted to the same 
person for the same invention have the same filing date and the same date of claimed 
priority, it shall be deemed that the national patent has no legal effect as from the date on 
which the EPO published the mention of the grant of the European patent in the European 
Patent Bulletin. 
(2) If the EPO has registered unitary effect in respect of a European patent 
claiming protection in the Republic of Slovenia, that European patent shall be deemed not to 
have the same legal effect as the national patent entered in the Office's register of patents as 
from the date on which the EPO published the mention of the grant of the European patent in 
the European Patent Bulletin. 
Section 3 
Patent applications under the PCT 
Article 32 
(Applications under the PCT) 
(1) The Office shall act as a receiving Office under the PCT. 
(2) The Office shall accept international applications filed by nationals of the 
Republic of Slovenia or persons with permanent residence or registered office in the territory 
of the Republic of Slovenia. 
(3) International applications under the PCT shall be filed in English, French or 
German. They may also be filed in Slovenian if an English, French or German translation is 
submitted to the Office within the time limit prescribed by the rules and instructions issued to 
implement the PCT. 
(4) The Office shall collect fees in respect of applications under this Article on 
behalf and for the account of the International Bureau of the World Intellectual Property 
Organization. 
(5) The EPO shall be the authority competent for the international searching and 
preliminary examinations of international applications under the PCT filed with the Office. 
(6) A designation or election of the Republic of Slovenia in an international 
application under point (viii) of Article 2 of the PCT shall be considered as a request for the 
granting of a European patent having effect in the Republic of Slovenia pursuant to an 
international treaty that is binding on the Republic of Slovenia. 
Chapter Three 
INDUSTRIAL DESIGNS 
Section 1 
Industrial designs Article 33 
(Subject of industrial design protection) 
(1) An industrial design shall be registered for a design that is new and has an 
individual character. 
(2) A design shall mean the appearance of the whole or a part of a product 
resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or 
materials of the product itself or its ornamentation. 
(3) A product shall mean an industrial or handicraft product, including, inter alia , 
parts intended to be assembled into a complex product, packaging, get-up, graphic symbols 
and typographic typefaces, but excluding computer programs. A complex product shall mean 
a product composed of multiple components which can be replaced, permitting disassembly 
and reassembly of the product. 
(4) A design relating to a component of a complex product shall only be 
considered to be new and to have an individual character: 
a) if the component, once it has been incorporated into the complex product, remains 
visible during the normal use of the complex product and 
b) if the visible features of the component in themselves fulfil the requirements as to novelty 
and individual character. 
(5) Normal use within the meaning of point a) of the preceding paragraph shall 
mean the use by the end user, excluding maintenance, servicing or repair. 
Article 34 
(Novelty and individual character) 
(1) A design shall be considered new if no identical design has been made 
available to the public before the filing date of the industrial design application or, if priority is 
claimed, the date of priority. Designs shall be considered identical if their features differ only 
in immaterial details. 
(2) A design shall be considered to have individual character if the overall 
impression it produces on an informed user differs from the overall impression produced by 
any other design that has been made available to the public before the filing date of the 
application or, if priority is claimed, the date of priority. 
(3) In assessing individual character, the degree of freedom of the designer in 
developing the design shall be taken into account. 
Article 35 
(Disclosure of a design) 
(1) In applying Article 34 of this Act, a design shall be deemed to have been 
available to the public if it has been published in registration proceedings or otherwise, 
exhibited, used in trade or otherwise disclosed before the filing date of the application or, if 
priority is claimed, the date of priority, unless these events could not have become known in 
the normal course of business to the circles specialised in the sector concerned operating 
within the European Union. A design shall not be deemed to have been available to the 
public for the sole reason that it has been disclosed to a third party under explicit or implicit 
conditions of confidentiality. (2) In applying Article 34 of this Act, a disclosure shall not be taken into account if 
a design for which industrial design protection is sought has been made available to the 
public in the European Union: 
a) as a result of information provided or action taken by the designer, their successor in title 
or a third party and 
b) during the 12-month period preceding the filing date of the application or, if priority is 
claimed, the date of priority. 
(3) The preceding paragraph shall also apply if the design has been made 
available to the public as a consequence of an abuse in relation to the designer or their 
successor in title. 
Article 36 
(Refusal of an industrial design) 
(1) A design may not be registered as an industrial design if: 
a) it is not in accordance with paragraph two of Article 33 of this Act; 
b) it does not meet the conditions referred to in paragraphs one or four of Article 33 or 
Articles 34 or 35 of this Act or is in conflict with an industrial design having effect in the 
Republic of Slovenia on the basis of an application with an earlier filing date; 
c) it must be refused pursuant to Article 6ter of the Paris Convention because an 
authorisation of the competent authorities has not been issued; 
d) it includes or imitates badges, emblems or escutcheons, other than those covered by 
Article 6ter of the Paris Convention, that are of particular public interest, unless the 
competent authorities have given consent to the registration thereof; 
e) it is contrary to public order or morality. 
(2) An industrial design may not be registered for the features of appearance of a 
product that are solely dictated by its technical function. 
(3) An industrial design may not be registered for the features of appearance of a 
product that must be reproduced in their exact form and dimensions in order to allow the 
product to which the design relates to be mechanically connected to or placed in, around or 
against another product so that each product can perform its function. 
(4) Notwithstanding the preceding paragraph, a design allowing multiple assembly 
or connection of mutually interchangeable products within a modular system may be 
registered as an industrial design under the conditions set out in Article 34 of this Act. 
Article 37 
(Industrial design rights) 
(1) The holder of an industrial design shall have the exclusive right to use it and to 
prevent any third party not having their consent from using it. The aforementioned use shall 
cover, in particular, the making, offering, placing on the market, importing, exporting or using 
the product to which the design relates, or stocking such a product for such purposes. 
(2) The scope of protection shall include any design that does not produce a 
different overall impression on an informed user. In assessing the scope of protection, the 
degree of freedom of the designer in developing the design shall be taken into account. 
(3) The rights referred to in paragraph one of this Article shall not apply to: a) the import of spare parts and accessories for the purpose of repairing a ship or aircraft 
temporarily entering the territory of the Republic of Slovenia, the execution of repairs on 
such a ship or aircraft, and mutatis mutandis  the acts referred to in Article 19 of this Act, 
with the exception of point c); 
b) acts of reproduction for the purposes of citing or teaching, provided that such acts are in 
accordance with good business practice and do not unduly harm the normal exploitation 
of the design, and that the source is acknowledged. 
(4) Any third person may exercise the right of prior use of an industrial design. The 
provisions of Article 20 of this Act shall apply mutatis mutandis  to such cases. 
Article 38 
(Exhaustion of industrial design rights) 
(1) Industrial design rights shall not apply to acts related to a product to which the 
design which is the subject of industrial design relates if the product has been placed on the 
market in the Republic of Slovenia by the holder of the industrial design or with the holder's 
consent. 
(2) The exhaustion of industrial design rights under the preceding paragraph may 
be extended beyond the territory of the Republic of Slovenia if this is in accordance with an 
international treaty that is binding on the Republic of Slovenia. 
Article 39 
(Other forms of industrial design protection) 
(1) The provisions of this Act concerning industrial designs shall be without 
prejudice to the provisions of other acts concerning unregistered industrial designs, trade 
marks or other distinctive signs, patents, utility models or marks, civil liability, or unfair 
competition. 
(2) An industrial design may be the subject of copyright protection from the date 
when the design was created or fixed in any form if it fulfils the conditions under which such 
protection is granted under the Act governing copyright and related rights. 
Article 40 
(Term of an industrial design) 
(1) The term of an industrial design shall be one or several five-year periods from 
the date of filing of the application. 
(2) Subject to the relevant provisions of Article 109 of this Act, the holder of an 
industrial design may renew the industrial design for one or more five-year periods, up to a 
total of 25 years from the date of filing of the application. 
(3) If an industrial design relates to more than one product, it may be renewed, in 
accordance with the preceding paragraph, as a whole or in a limited scope only for some 
products. 
Section 2 
International deposit of industrial designs Article 41 
(Requests under the Hague Agreement) 
(1) Requests under the Hague Agreement Concerning the International 
Registration of Industrial Designs of 28 November 1960, as completed on 14 July 1967 and 
amended on 28 September 1979 (Official Gazette of the Republic of Slovenia – International 
Treaties [ Uradni list RS – MP ], No 20/94; hereinafter: the Hague Agreement), shall be filed, 
in accordance with the Hague Agreement and rules and instructions issued to implement it, 
directly with the International Bureau. 
(2) In accordance with Article 8 of the Hague Agreement, the provisions of this Act, 
with the exception of paragraph two of Article 96 thereof, shall apply mutatis mutandis  to 
requests under the Hague Agreement seeking protection of an industrial design in the 
Republic of Slovenia. 
Chapter Four 
TRADE MARKS 
Section 1 
Trade marks and collective marks 
Article 42 
(Subject of trade mark protection) 
(1) A trade mark may consist of any signs, in particular words, including personal 
names, or images, letters, numerals, colours, the shape of a good or its packaging, or 
sounds, provided that: 
a) such signs make the goods or services of an undertaking distinguishable from those of 
other undertakings and 
b) such signs can be represented in the register in a manner which enables the Office and 
other competent authorities and the public to clearly and precisely determine the subject 
of protection afforded to its holder. 
(2) In assessing whether a sign may be registered as a trade mark, all actual 
circumstances, in particular the duration of its use, shall be taken into account. 
(3) The nature of the goods or services on which a trade mark is to be used shall 
in no way hinder the registration of the trade mark. 
Article 43 
(Absolute grounds for trade mark refusal) 
(1) A sign shall not be registered as a trade mark if: 
a) it cannot constitute a trademark; 
b) it is devoid of any distinctive character; 
c) in trade, it serves solely to designate the type, quality, quantity, intended purpose, value, 
geographical origin or time of production of the goods or provision of services or other 
characteristics of the goods or services; 
d) it consists solely of signs or indications which have become customary in the current 
language or in the bona fide and established trade practices; e) it consists solely of the shape or other characteristic that results from the nature of the 
goods themselves or the shape or other characteristic of the goods which is necessary 
to obtain a technical effect or gives substantial value to the goods; 
f) it is contrary to public order or morality; 
g) it deceives the public, in particular as to the nature, quality or geographical origin of the 
goods or services; 
h) it has not been authorised by the competent authorities and must be refused pursuant to 
Article 6ter of the Paris Convention. 
i) it includes or imitates badges, emblems or escutcheons, other than those covered by 
Article 6ter of the Paris Convention, that are of particular public interest, unless the 
competent authorities have given consent to the registration thereof. 
j) it is excluded from the registration in accordance with the legislation of the Republic of 
Slovenia or the European Union or with international treaties to which the Republic of 
Slovenia or the European Union are parties which provide protection for designations of 
origin and geographical indications; 
k) it is excluded from the registration in accordance with the legislation of the European 
Union or with international treaties to which the European Union is party which provide 
protection for traditional terms for wine; 
l) it is excluded from the registration in accordance with the legislation of the European 
Union or with international treaties to which the European Union is party which provide 
protection for traditional specialities guaranteed; 
m) it consists of a plant variety name that has been previously registered in accordance with 
the legislation of the Republic of Slovenia or the European Union or with international 
treaties to which the Republic of Slovenia or the European Union are parties which 
provide protection for plant variety rights and relates to plant varieties of the same or 
closely related species or contains the essential elements of such a name. 
(2) Notwithstanding points b), c) and d) of the preceding paragraph, a trade mark 
registration shall not be refused if through use the sign has acquired a distinctive character 
before the date of filing of the application. 
Article 44 
(Relative grounds for trade mark refusal) 
(1) If an opposition has been filed in accordance with Article 101 of this Act, a 
trade mark shall not be registered in respect of a sign: 
a) that is identical to the sign of an earlier trade mark and the goods or services for which 
the trade mark is applied for are identical to the goods or services for which the earlier 
trade mark is protected; 
b) whose identity or similarity to the sign of an earlier trade mark, and the identity or 
similarity of the goods or services on which the sign and the trade mark are to be used, 
lead to the possibility of confusion among the public, which includes the possibility of 
association with the earlier trade mark; 
c) that is identical to the sign of an earlier trade mark, regardless of whether the goods or 
services for which the trade mark is applied for are identical or similar to the goods or 
services for which the earlier trade mark is protected if the earlier trade mark has a 
reputation in the Republic of Slovenia or, in the case of a European Union trade mark 
(hereinafter: EU trade mark), the reputation in the European Union and the use of the 
later trade mark without due cause would take unfair advantage of or be detrimental to 
the distinctive character or the reputation of the earlier trade mark; 
d) if its use may be prohibited on the basis of the right to an unregistered sign used in trade 
that was obtained before the filing date of the trade mark application or the date of 
priority if priority is claimed; e) that an agent or representative of the holder of the trade mark has registered as a trade 
mark in their own name without the holder's consent, unless the agent or representative 
justifies their action; 
f) if its use may be prohibited on the basis of a registered designation of origin or 
geographical indication for which an application has been filed in accordance with the 
legislation of the Republic of Slovenia or the European Union concerning the protection 
of designations of origin or geographical indications before the filing date of the trade 
mark application or the date of priority if priority is claimed; 
g) if its use may be prohibited on the basis of an earlier right to a name, personal portrayal, 
copyright or other industrial property right, unless the holder of the earlier right has given 
express consent to the registration of such a trade mark. 
(2) An earlier trade mark shall mean: 
a) a trademark that was registered in the Republic of Slovenia on the basis of a national 
application before the filing date of the application for the later trademark or, if priority is 
claimed, the date of priority; 
b) an EU trademark that was registered before the filing date of the application for the later 
trademark or, if priority is claimed, the date of priority; 
c) a trademark that was registered on the basis of international treaties that are binding on 
the Republic of Slovenia before the filing date of the application for the later trademark 
or, if priority is claimed, the date of priority; 
d) trade mark applications referred to in points a), b) and c) of this paragraph that were filed 
before the filing date of the application for the later trade mark or, if priority is claimed, 
the date of priority, provided they are registered; 
e) an unregistered sign that, on the filing date of the trade mark application or, if priority is 
claimed, the date of priority, is a known trade mark in the Republic of Slovenia under 
Article 6bis of the Paris Convention. 
Article 45 
(Collective marks) 
(1) A collective mark shall mean a trade mark that is described as such upon the 
filing of the application and whose sign allows distinguishing the goods or services of the 
members of the holder of such mark from the goods or services of other undertakings. 
(2) An applicant for or holder of a collective mark may be a legal entity acting as 
an association of manufacturers, producers, suppliers of services or traders or a legal entity 
under public law. 
(3) The members of a collective mark holder may use the collective mark in 
accordance with the regulations referred to in Article 46 of this Act. 
(4) The provisions of this Act shall apply to the acquisition of collective marks, 
unless otherwise provided by this Act. Notwithstanding point c) of paragraph one of Article 43 
of this Act, a sign indicating the geographical origin of goods or services may be registered 
as a collective mark. 
Article 46 
(Regulations on a collective mark) 
(1) An applicant for a collective mark must enclose with the application the 
regulations on the collective mark. (2) The regulations referred to in the preceding paragraph shall include at least: 
a) the name and registered office of the applicant; 
b) the applicant's business and information on whom it officially and statutorily represents; 
c) the conditions of membership; 
d) conditions for the use of the collective mark; 
e) information on the group of persons entitled to use the collective mark; 
f) provisions concerning the rights and obligations of the members in the event of 
infringement of the collective mark rights. 
(3) An applicant for or a holder of a collective mark shall notify the Office of any 
amendments to the regulations and submit a clean copy thereof. The Office shall make an 
entry in the register on the amendment to the regulations, unless the amended regulations 
do not fulfil the requirements referred to in the preceding paragraph or any of the grounds 
referred to in Article 46a of this Act exist. An amendment to the regulations takes effect on 
the date of entry of the amendment in the register. 
(4) The regulations shall be public and any person shall be allowed access to 
them. 
Article 46a 
(Grounds for collective mark refusal) 
(1) A collective mark shall not be registered if any of the grounds referred to in 
Articles 42, 43 or 44 of this Act exist and also if: 
a) it fails to meet the conditions referred to in Articles 45 and 46 of this Act; 
b) it could mislead the public as to its character or significance, particularly if it is likely to be 
taken to be something other than a collective mark; 
c) regulations referred to in Article 46 of this Act are contrary to public order or morality. 
(2) Notwithstanding point c) of the preceding paragraph, the registration of a 
collective mark shall not be refused if the applicant remedies the established deficiencies by 
amending the regulations referred to in Article 46 of this Act. 
Article 47 
(Trade mark rights) 
(1) A trade mark shall confer on the holder exclusive right to use the trade mark 
and other exclusive rights under this Act. Without prejudice to the holder's rights that have 
been acquired before the filing date of the trade mark application or priority date, the holder 
of a trade mark has the right to prevent third parties not having the holder's consent from 
using in trade in relation to goods or services any sign: 
a) that is identical to the trade mark on the same goods or services as those covered by the 
trade mark; 
b) whose identity or similarity to the trade mark, and the identity or similarity of the goods or 
services covered by the trade mark and the sign, lead to the possibility of confusion 
among the public, which includes the possibility of association between the sign and the 
trade mark; 
c) that is identical to the trade mark, regardless of whether the goods or services are 
identical or similar to the goods or services covered by the trade mark, if the trade mark 
has a reputation in the Republic of Slovenia and the use of such a sign without due 
cause would take unfair advantage of or be detrimental to the distinctive character or the 
reputation of the trade mark. (2) The right referred to in the preceding paragraph to prevent third parties from 
using a sign shall include in particular the prohibition against: 
a) affixing the sign to goods or their packaging; 
b) offering goods bearing the sign, placing such goods on the market or stocking them for 
these purposes or offering or supplying services under the sign; 
c) importing or exporting goods under the sign; 
d) using the sign on business documents and in advertising; 
e) using the sign as a trade name or company name or a part of trade name or company 
name; 
f) using the sign in comparative advertising in a manner contrary to the legislation of the 
Republic of Slovenia or the European Union concerning misleading and comparative 
advertising. 
(3) Without prejudice to the holder's rights acquired before the filing date of the 
trade mark application or priority date, the holder of a trade mark has the right to prevent 
third parties from bringing goods, in the course of trade, into the Republic of Slovenia, 
without the goods being released for free circulation, if such goods, including the packaging 
thereof, come from countries that are not members of the European Union or European 
Economic Area and bear, without the authorisation of the trade mark holder, a sign that is 
identical to the trade mark registered for such goods or which cannot be distinguished in its 
essential aspects from that trade mark. 
(4) A trade mark holder shall no longer have the right referred to in the preceding 
paragraph if, during infringement proceedings initiated in accordance with the legislation of 
the European Union concerning customs measures relating to infringements of intellectual 
property rights, the declarant or holder of the goods proves that the holder of the trade mark 
has no right to prohibit the placing of the goods on the market in the country of final 
destination. 
Article 47a 
(Prohibition of preparatory acts related to packaging or other means) 
If there is a risk that the packaging, labels, tags, security or authenticity features or 
devices, or any other means to which a trade mark is affixed could be used in relation to 
goods or services and that use would infringe on the rights of the holder of a trade mark 
referred to in paragraphs one or two of Article 47 of this Act, the holder of that trade mark 
shall have the right to prohibit the following acts if carried out in the course of trade: 
a) affixing a sign identical or similar to the trade mark on packaging, labels, tags, security or 
authenticity features or devices, or any other means to which the trade mark may be 
affixed; 
b) offering or placing on the market, stocking for these purposes, or importing or exporting 
packaging, labels, tags, security or authenticity features or devices, or any other means 
to which the trade mark is affixed. 
Article 48 
(Limitation of trade mark rights) 
(1) The holder of a trade mark may not prohibit a third party from using in the 
course of trade and in accordance with good business practice: 
a) their own name or address; 
b) signs or indications that are not distinctive or indications concerning the type, quality, 
quantity, intended purpose, value, geographical origin or the time of production of goods 
or provision of service, or other characteristics of goods or services; c) the trade mark for the purpose of identifying or referring to goods or services as those of 
the holder of the trade mark concerned, in particular if the use of the trade mark is 
necessary to indicate the intended purpose of a product or service, in particular with 
regard to accessories or spare parts; 
d) any sign that is identical or similar to the trade mark, if the third party started to use it in 
good faith before the filing date of the application or the date of priority if priority is 
claimed in the application. 
(2) A trade mark shall not give the holder the right to prohibit a third party from 
using, in the course of trade, an earlier right which only applies in a particular area if the 
earlier right is recognised in the Republic of Slovenia and the use is within the limits of the 
territory in which it is recognised. 
Article 49 
(Limitation of collective mark rights) 
(1) A collective mark indicating the geographical origin of goods shall not give the 
holder the right to prohibit a third party from using such a sign in the course of trade if they 
use it in accordance with good business practice or to prohibit the use of the geographical 
origin by a third party entitled to the use thereof. 
(2) The holder of a collective mark indicating the geographical origin of goods or 
services shall enable any person whose goods or services originate in the geographical area 
concerned and meet the conditions for the use of a collective mark laid down by the 
regulations referred to in Article 46 of this Act to become a member of the holder of the 
collective mark. 
Article 50 
(Exhaustion of trade mark rights) 
(1) A trade mark shall not give the holder the right to prohibit its use in relation to 
the goods that have been placed on the market in the European Economic Area by the 
holder or with the holder's consent. 
(2) The preceding paragraph shall not apply if valid reasons exist for the holder to 
oppose further commercialisation of the goods, especially if the condition of the goods has 
changed or deteriorated after they have been placed on the market. 
Article 51 
(Reproduction of trade marks in dictionaries) 
If the reproduction of a trade mark in a dictionary, encyclopaedia or similar 
publication gives the impression that it constitutes the generic name of the goods or services 
for which the sign is registered, the publisher of the work shall, at the request of the holder of 
the trade mark, ensure that, at the latest in the next edition of the publication, the 
reproduction of the trade mark is accompanied by an indication that it is a trade mark. If the 
work is in electronic form, the publisher shall ensure this immediately. 
Article 52 
(Term of a trade mark) (1) The term of a trade mark shall be ten years from the filing date of the 
application. 
(2) Subject to the relevant provisions of Article 109 of this Act, the holder of a trade 
mark or any person authorised to do so by an Act or contract may renew the trade mark for 
another ten years, counting from the filing date of the application, an unlimited number of 
times. 
(3) A trade mark may be renewed in accordance with the preceding paragraph for 
all goods or services or in a limited scope for only some goods or services. 
Article 52a 
(Prohibition of the use or transfer of a trade mark registered in the name of an agent or 
representative) 
(1) If a trade mark has been registered in the name of the agent or representative 
of the trade mark holder without the holder's consent, the trade mark holder has the right to 
request that their agent or representative be prohibited from using the trade mark and that 
the trade mark be transferred to them. 
(2) The trade mark holder shall not have the right referred to in the preceding 
paragraph if the agent or representative justifies their action. 
Article 52b 
(Use of a trade mark) 
(1) If, within a period of five years following the date of the entry of the trade mark 
in the register, the holder has not put the trade mark to genuine use in the Republic of 
Slovenia on the goods or services for which it is registered, or if such use has been 
interrupted in the period of five consecutive years, the trade mark shall be subject to the 
limitations and sanctions referred to in Articles 52c, 102a, paragraph two of Article 110c and 
Article a122a of this Act, unless justified reasons exist for non-use. 
(2) The following shall also be considered as the use of a trade mark: 
a) the use of a trade mark in a form differing from the form in which it has been registered 
in elements which do not alter the distinctive character of the trade mark, regardless of 
whether the trade mark has been registered in the name of the holder of the trade mark 
in the form in which it is used; 
b) the affixing of a trade mark to goods or the packaging thereof in the Republic of Slovenia 
solely for export purposes. 
(3) It shall be considered that the holder uses a trade mark if it is used with their 
consent. 
(4) A collective mark shall be considered to be used by the holder if it is used by at 
least one person entitled to use it. 
Article 52c 
(Non-use as defence in invalidation proceedings) 
(1) A holder of a later trade mark whose invalidation is requested by the holder of 
an earlier trade mark may request that the holder of the earlier trade mark provide evidence 
that, during the five-year period preceding the date of the application for invalidity, they had genuinely used their trade mark that is subject to the application for invalidity, in accordance 
with Article 52b of this Act, on the goods or services for which it is registered, or that there 
are justified reasons for non-use, provided that the earlier trade mark was entered in the 
register at least five years before the filing date of the application for the later trade mark to 
be declared invalid. 
(2) If on the filing date of the application for the later trade mark or on the date of 
priority, the five-year period within which the holder of the earlier trade mark should have put 
it to genuine use in accordance with Article 52b of this Act had expired, the holder of the 
earlier trade mark shall, in addition to the evidence referred to in the preceding paragraph, 
provide evidence that they had put the trade mark to genuine use during the five-year period 
preceding the filing date of the application for the later trade mark or the date of priority, or 
that justified reasons for non-use existed. 
(3) If the holder of the earlier trade mark fails to prove, at the request of the holder 
of the later trade mark, the existence of circumstances referred to in paragraphs one and two 
of this Article, the application for the later trade mark to be declared invalid on the basis of an 
earlier trade mark shall be rejected. 
(4) If the earlier trade mark has only been used on some of the goods or services 
for which it is registered, it shall, for the purpose of the examination of the merits of the 
application for invalidity, be considered to only be registered for such goods or services. 
Article 52d 
(Cessation of right to apply for invalidity of a trade mark) 
(1) If, in a period of five consecutive years, the holder of an earlier trade mark has 
not opposed the use of the later trade mark while being aware of such use, they shall no 
longer have the right to apply, on the basis of their earlier trade mark, for the later trade mark 
to be declared invalid for the goods or services on which the later trade mark is being used, 
unless the later trade mark has not been applied for in good faith. 
(2) The holder of the later trade mark shall prove that they have used their trade 
mark for at least five consecutive years and that the holder of the earlier trade mark was 
aware of this use. 
(3) In the case referred to in paragraph one of this Article, the holder of the later 
trade mark shall no longer have the right to oppose the use of the earlier trade mark even 
though the earlier trade mark may no longer be invoked against the later trade mark. 
Article 52e 
(Distinctive character and declaration of trade mark invalidity) 
(1) A trade mark shall not be declared invalid under points b), c) or d) of paragraph 
one of Article 43 of this Act if through use it has acquired a distinctive character before the 
filing date of the application for invalidity. 
(2) An application based on an earlier trade mark for a later trade mark to be 
declared invalid shall not be granted on the filing date of the application for invalidity if such 
an application would not have been granted on the filing date of the application for the later 
trade mark or the date of priority for the following reasons: 
a) the earlier trade mark can be declared invalid under points b), c) or d) of paragraph one 
of Article 43 of this Act, as it has not yet acquired a distinctive character; b) the application for invalidity is based on point b) of paragraph one of Article 44 of this Act 
and the earlier trade mark has not yet become sufficiently distinctive to support the claim 
of the likelihood of confusion under point b) of paragraph one of Article 44 of this Act; or 
c) the application for invalidity is based on point c) of paragraph one of Article 44 of this Act 
and the earlier trade mark has not yet acquired a reputation within the meaning of point 
c) of paragraph one of Article 44 of this Act. 
Article 52f 
(Subsequent establishment of invalidity or revocation of a trade mark) 
If seniority of an earlier trade mark registered on the basis of a national application 
or international treaties that are binding on the Republic of Slovenia which the holder has 
surrendered or allowed to lapse is claimed for an EU trade mark, the invalidity or revocation 
of the trade mark which serves as providing the basis for the seniority claim may also be 
established after its expiry if the invalidity or revocation of the trade mark could have been 
established at the time the holder surrendered it or allowed it to lapse. In such a case, the 
seniority of the earlier trade mark shall cease to have effect. 
Section 2 
International registration of trade marks 
Article 53 
(Filing of application with the Office) 
(1) The Office shall accept applications under the Madrid Agreement Concerning 
the International Registration of Marks of 14 April 1891 as last revised on 14 July 1967 
(Official Gazette of the Socialist Federal Republic of Yugoslavia – International Treaties 
[Uradni list SFRJ – MP ], No 2/74, and Official Gazette of the Republic of Slovenia – 
International Treaties [ Uradni list RS – MP ], No 9/92; hereinafter: the Madrid Agreement) and 
the Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Marks of 27 June 1997 (Official Gazette of the Republic of Slovenia – International Treaties 
[Uradni list RS – MP ], No 21/97; hereinafter: the Madrid Protocol). 
(2) A corresponding fee shall be paid upon filing the application or within three 
months of the service of the Office's request. If the fee is not paid within this time limit, the 
application shall be considered to be withdrawn. 
(3) The application for international registration of a trade mark shall be 
accompanied by a list of goods or services in a language as prescribed by the Madrid 
Agreement or the Madrid Protocol and the rules and instructions for their implementation. 
(4) If the application is not drawn up in accordance with the Madrid Agreement or 
the Madrid Protocol, the rules and instructions for their implementation, this Act and 
implementing regulations, the Office shall invite the applicant to amend the application 
accordingly within three months of the service of the invitation. If the applicant fails to amend 
the application within this time limit, the application shall be considered to be withdrawn. 
(5) The minister responsible for industrial property shall, by way of an 
implementing regulation, determine in greater detail the content of the application referred to 
in paragraph one of this Article and procedures relating thereto. 
Article 54 (Examination of international trade marks) 
(1) In accordance with Article 5 of the Madrid Agreement or Article 5 of the Madrid 
Protocol, the provisions of this Act, with the exception of Article 103 thereof, shall apply 
mutatis mutandis  to applications under the Madrid Agreement or the Madrid Protocol seeking 
trade mark protection in the Republic of Slovenia. 
(2) The publication of information on the international registration of a trade mark 
in the journal of the International Bureau shall be considered as the publication of the trade 
mark application in the Republic of Slovenia. 
(3) If the holder of the trade mark for which protection is sought in the Republic of 
Slovenia under the Madrid Agreement or the Madrid Protocol does not state their position on 
the intended refusal of the protection of the trade mark, their having been notified in 
accordance with Article 5 of the Madrid Agreement or Article 5 of the Madrid Protocol, the 
Office shall, notwithstanding paragraph five of Article 129 of this Act, serve the decision by 
mail directly to the holder of the trade mark. 
Article 54a 
(Use of international trade marks) 
(1) With regard to trade marks registered pursuant to international treaties that are 
binding on the Republic of Slovenia, the period of five years referred to in Article 52b of this 
Act shall run from the date when the Office's statement on the recognition of protection of an 
internationally registered trade mark in the Republic of Slovenia is published in the journal of 
the International Bureau. 
(2) If, after the expiry of one year from the date of notification of the International 
Bureau of the application for the protection of an internationally registered trade mark in the 
Republic of Slovenia, the Office has not notified the International Bureau of the temporary 
refusal of protection of the internationally registered trade mark in the Republic of Slovenia or 
has not sent to the International Bureau a statement on the recognition of the protection of 
the internationally registered trade mark in the Republic of Slovenia, the period of five years 
referred to in Article 52b of this Act shall run from the first day following the expiry of a period 
of one year from the date of notification of the International Bureau of the application for the 
protection of internationally registered trade mark in the Republic of Slovenia. 
Chapter Five 
GEOGRAPHICAL INDICATIONS 
Article 55 
(Subject of registered geographical indication protection) 
(1) Geographical indications that may be registered shall be indications which 
identify a good as originating in a certain territory, or a region or a place in that territory, if the 
quality, reputation or other characteristic of the good depends to a significant extent on its 
geographical origin. 
(2) The name of a good that has become generally known through long-term use 
in the course of trade as the name indicating that the good originates in a specific place or 
region may also be registered as a geographical indication. (3) Geographical indications related to a good of special historic or cultural 
importance may be protected directly by a decree of the Government of the Republic of 
Slovenia. 
(4) Geographical indications for agricultural products and food products and for 
wine and other grape and wine products may not be registered as geographical indications 
under this Act. 
Article 56 
(Grounds for refusing the registration of a geographical indication) 
A geographical indication may not be registered if: 
a) it indicates or suggests that the good in question originates in a geographical area other 
than its true place of origin in a manner which misleads the public as to the geographical 
origin of the good; 
b) although literally true as to the territory, region or place in which the good originates, it 
falsely represents to the public that the good originates in another region; 
c) it has become generally known through long-term use in the course of trade as a 
designation for a specific type of good; 
d) due to the indication's reputation and renown and the duration of its use, registration 
could mislead the consumer as to the true identity of the product. 
Article 57 
(Protection of a registered geographical indication from general use) 
Registered geographical indications may not be converted into generic or 
commonly known names that could be freely used in trade. 
Article 58 
(Registered geographical indication rights) 
(1) A registered geographical indication is a collective right and may be used in 
trade by persons who, in accordance with the specification referred to in paragraph two of 
Article 104 of this Act, produce or place on the market goods protected by the geographical 
indication. 
(2) A registered geographical indication may not be used by persons not entitled to 
do so. 
(3) The use of a registered geographical indication shall be prohibited if the goods 
do not originate in the place indicated by the geographical indication even if the true origin of 
the goods is indicated or if the geographical indication is used in translation or accompanied 
by expressions such as "kind", "type", "style", "imitation" or the like. 
Article 59 
(Limitation of registered geographical indication rights) 
(1) A trade mark that is identical or similar to a registered geographical indication 
may not be revoked nor its use prohibited if it has been applied for or registered in good faith 
or if has been acquired through use in good faith before the geographical indication was 
registered. (2) A registered geographical indication shall not exclude the right of any person to 
use in trade their own name or the name of their predecessor in business, except if the name 
is used in such a manner as to mislead the public. 
Article 60 
(Term of a registered geographical indication) 
The term of a registered geographical indication shall be unlimited. 
Chapter Six 
GENERAL PROVISIONS CONCERNING PROCEDURES BEFORE THE OFFICE 
Article 61 
(Union right of priority) 
(1) Any person who has duly filed the first application for a patent, industrial design 
or trade mark in a member country of the Paris Union or the WTO shall have the right of 
priority upon filing an application in the Republic of Slovenia. The time limit for exercising the 
right of priority shall for patents be 12 months and for industrial designs and trade marks six 
months from the filing date of the first application. 
(2) When filing an application in the Republic of Slovenia, a person claiming the 
right of priority referred to in the preceding paragraph shall indicate the date of the claimed 
priority. Within three months of the filing of the application, the number and country or office 
of the first application shall be communicated to the Office. If the applicant fails to comply 
with the provisions of this paragraph, the priority shall be deemed not to have been claimed. 
(3) At the request of the Office or, in case of dispute, at the request of the court, 
the person claiming the right of priority shall submit a copy of the first application, certified by 
the competent authority in a member country of the Paris Union or the WTO in which the first 
application was filed. A copy of the first application may not be required before the expiry of 
16 months from the filing date of the first application. 
(4) If the copy of the first application referred to in the preceding paragraph is not 
in Slovenian and the validity of the claimed priority is relevant to determine whether the 
invention concerned is patentable, the Office or, in case of dispute, the court may request 
that the person claiming priority submit a Slovenian translation of the first application within 
three months of the service of the request. 
(5) An applicant may claim multiple priorities based on several previous 
applications filed in one or several countries. 
(6) An applicant may claim the right of priority in a patent application on the basis 
of a utility model application. 
(7) On request and against payment of the fee prescribed by the Act governing 
administrative fees, the Office shall issue a priority right certificate. The minister responsible 
for industrial property shall, by way of an implementing regulation, determine in greater detail 
the content of a priority right certificate and the procedure for the issuing thereof. 
Article 62 
(Exhibition priority right) (1) A person who displays an invention or the design of a product or part thereof or 
uses a sign for marking goods or services at an official or officially recognised international 
exhibition under the Convention relating to International Exhibitions, signed on 
22 November 1928 and last revised on 30 November 1972, in the Republic of Slovenia or 
other member country of the Paris Union or the WTO, may, within three months of the 
closing of the exhibition, claim in their application the right of priority as of the first day of the 
display of the invention or the design of a product or part thereof or of the use of the sign. 
(2) When filing the application in the Republic of Slovenia, a person claiming the 
right of priority referred to in the preceding paragraph must provide information on the type of 
exhibition, the place where it was held, the opening and closing dates, and the first day of 
display or use and submit a written certificate of a competent authority in a member country 
of the Paris Union or the WTO that the exhibition was an official or officially recognised 
international exhibition. If the applicant fails to comply with the provisions of this paragraph, 
the priority shall be deemed not to have been claimed. 
(3) The claiming of priority under paragraph one of this Article shall not extend the 
time limit for claiming the union right of priority referred to in paragraph one of Article 61 of 
this Act. 
Article 63 
(Amendment of a priority claim) 
(1) An applicant may request a priority claim in a patent application to be amended 
within 16 months of the date of priority claimed or the amended date of priority claimed, if the 
amendment would result in a change in the date of priority, provided that such a request is 
filed within four months of the filing date of the patent application. 
(2) When filing the request, the applicant shall pay a fee, otherwise the request 
shall be deemed to be withdrawn. 
(3) If an applicant has requested publication under paragraph two of Article 89 of 
this Act and subsequently also filed a request referred to in paragraph one of this Article, the 
request referred to in paragraph one of this Article shall be deemed not to have been filed, 
unless the applicant withdraws the request under paragraph two of Article 89 of this Act 
before the technical preparations for publication of the application are completed. 
(4) If the amendment of a priority claim results in a change in the date of priority, 
the time limits shall start to run from the amended date of priority claimed. 
Article 64 
(Establishment of priority right) 
(1) If the filing date of a patent application in which the priority of the first 
application could be claimed is later than the last date of the time limit for claiming priority, 
but not by more than two months, the applicant may request the establishment of priority 
right if they were not able to file the application within the time limit referred to in paragraph 
one of Article 61 of this Act despite taking all due care considering the circumstances. 
(2) The applicant must file the request for the establishment of priority right within 
two months of the last date of the time limit for claiming priority and before technical 
preparations for publication of the application are completed. When filing the request, the 
applicant shall pay a fee, otherwise the request shall be deemed to be withdrawn. Article 65 
(Prohibition to extend the scope of an application) 
(1) After the filing date, the subject matter of a patent application may not be 
extended beyond the subject matter of the application initially accepted. 
(2) After the filing date of an industrial design application, the appearance of the 
product or part thereof may not be substantially modified or the number of products 
increased. 
(3) After the filing date of a trade mark application, the sign may not be 
substantially modified or the original number of goods or services increased. 
Article 66 
(Extension of time limits) 
(1) Before a time limit under this Act expires, the party may once request for it to 
be extended by three months. 
(2) The time limits for filing an action and time limits referred to in the preceding 
paragraph, paragraph one of Article 13, paragraph two of Article 27, paragraph two of 
Article 35, paragraph one of Article 61, paragraph one of Article 62, paragraph one of 
Article 63, paragraph two of Article 64, paragraph two of Article 67, paragraph two of 
Article 68, paragraph three of Article 80, paragraph three of Article 86, paragraph one of 
Article 91, paragraph three of Article 92, paragraphs two and three of Article 94, paragraphs 
one and four of Article 101, Article 109, Article 110, paragraph four of Article 110a, paragraph 
one of Article 117, paragraph two of Article 130, and paragraph two of Article 137 of this Act 
shall not be extendable. 
Article 67 
(Continuation of proceedings after missed time limit) 
(1) An applicant who has missed a time limit for the fulfilment of the obligations 
required in the proceedings for the acquisition of a right may request that the missed time 
limit be deemed to have been complied with, that the legal consequences of missed time 
limit be waived and that the Office continues the proceedings concerning the acquisition of 
the right. 
(2) The request for the continuation of proceedings shall be filed within two months 
counting from the date when the reasons for which the applicant missed the deadline ceased 
to exist, or, if the applicant only later learned that the time limit was missed, from the date 
when the they learned about it but not later than four months from the day the time limit was 
missed. When filing the request, the applicant shall complete the omitted act and pay a fee 
for the continuation of proceedings. If the omitted act is not completed or if the fee for the 
continuation of proceedings is not paid in the aforementioned time limit, the request shall be 
deemed not to have been filed. 
(3) The continuation of proceedings may not be requested if the missed time limit 
is the time limit referred to in the preceding paragraph or the time limit for filing an opposition 
or action, or if a request for restitution, a request for the amendment of a priority claim or a 
request for the establishment of priority right has been filed. 
(4) If the Office grants a request for the continuation of proceedings, paragraphs 
six or seven of Article 68 of this Act shall apply mutatis mutandis . Article 68 
(Restitution) 
(1) In proceedings before the Office, a party may request restitution on justified 
grounds if, despite taking all due care considering the circumstances, they were unable to 
fulfil in due time the obligations required by the Office in accordance with this Act and the 
implementing regulations issued pursuant to this Act, and this resulted in any of their 
applications being considered withdrawn or being rejected or refused or the right lapsing. 
(2) The request for restitution shall be filed within three months counting from the 
date when the reasons for which the party missed the deadline ceased to exist or, if the party 
only later learned that the time limit was missed, from the date when the they learned about 
it. When filing the request, the omitted act shall be completed and a fee shall be paid. If the 
omitted act is not completed or the fee not paid on filing the request, the request shall be 
deemed to be withdrawn. 
(3) The Office may not refuse the request for restitution, wholly or partly, without 
previously notifying the party in writing of the reasons for the intended total or partial refusal 
and without inviting the party to, within three months from the service of the invitation, state 
their position on the reasons for refusal. 
(4) After the expiry of one year from the date of a missed time limit, a request for 
restitution may no longer be filed. 
(5) A restitution may not be requested for missing the time limit for filing a request 
for restitution, a request for the continuation of proceedings, an opposition or action, a priority 
right claim and the copy of the first application, a request for amending a priority claim, or a 
request for the establishment of priority right. 
(6) Any person who in good faith has used or made effective and serious 
preparations for using an invention or an industrial design that is the subject of a published 
application may, without compensation, continue such use in the course of their business or 
for the needs thereof during the period between the loss of the right under paragraph one of 
this Article and the publication of the notice of restitution of this right. 
(7) If an applicant for or a holder of a trade mark has restored their right to the 
trade mark by restitution, they may not exercise their right against any person who has in 
good faith placed goods on the market or supplied services under a sign that is identical or 
similar to the trade mark concerned during the period between the loss of the right under 
paragraph one of this Article and the publication of the notice of the restitution of the right. 
Article 69 
(Withdrawal of a request) 
(1) A party to proceedings before the Office may withdraw their application at any 
time during the proceedings. 
(2) An application is deemed to be withdrawn as of the date when the Office 
receives the request for its withdrawal. 
(3) On the basis of the request for application withdrawal, the Office shall issue a 
decision on the closure of the proceedings. 
(4) If an applicant withdraws a patent application after technical preparations for 
the publication of this application have been completed and the application published, the publication of the application shall not be deemed to form part of the state of the art under 
Article 12 of this Act. 
Article 70 
(Notification of the applicant before the refusal of a right) 
(1) The Office may not issue a decision on the refusal or partial refusal of a 
request for the granting or registration of a right without previously informing the applicant in 
writing of the reasons for not being able to grant or register the right or not being able to 
grant or register the right in the requested scope and without inviting the applicant to, within 
three months of the service of the invitation, state their position on the reasons for refusal or 
amend the filed request. 
(2) If the applicant states their position on the reasons for the total or partial refusal 
of their request or amends their request, the Office shall, before issuing a decision, verify 
whether the reasons for the total or partial refusal of the request for the granting or 
registration of the right still exist. 
Article 71 
(Administrative dispute) 
There shall be no appeal against a decision of the Office; however, an action in 
the administrative dispute may be filed with the Administrative Court of the Republic of 
Slovenia in Ljubljana. The court shall decide on the case at its seat in Ljubljana. 
Article 72 
(Procedure concerning actions) 
(1) The court shall immediately notify the Office of the receipt of an action under 
this Act and of its final decision. The court shall send its judgement, together with the 
confirmation that it is final, to the Office for execution. 
(2) The Office shall issue a decision by which it executes the court decision. 
(3) Procedures concerning actions under this Act shall be expedited. The court 
shall consider the actions under this Act as a priority. 
(4) Paragraphs one and two of this Article shall not apply to disputes concerning 
the infringement of rights, unless a counterclaim for the revocation or invalidation of the trade 
mark has been filed in the dispute for the infringement of rights. 
Article 73 
(Inventor, designer) 
(1) In the proceedings for the granting of a patent, the inventor referred to as such 
in the application shall be deemed to be the inventor, unless otherwise decided by the court. 
(2) Paragraph one of this Article shall apply mutatis mutandis  to the designer of a 
design. 
(3) The Office shall not verify the accuracy of information on the inventor or 
designer. Article 74 
(Holder of a right) 
(1) Patents shall be granted and industrial designs or trade marks registered in the 
name of the person who is designated as the applicant upon the granting or registration. 
(2) If several persons are designated as applicants, the provisions of the preceding 
paragraph shall apply mutatis mutandis . The Office shall not determine mutual relations 
among the persons designated as applicants. 
Article 75 
(Transfer of rights) 
(1) The holder of a patent, industrial design or trade mark may transfer their right, 
wholly or partly, by a contract, separately from the transfer of the undertaking. 
(2) A transfer of an undertaking as a whole agreed by a contract shall include the 
transfer of patents, industrial designs and/or trade marks of this undertaking, unless 
otherwise agreed or clearly indicated by the circumstances. 
(3) Paragraphs one and two of this Article shall apply mutatis mutandis  to the 
applicants and applications for patents, industrial designs and trade marks. 
(4) A collective mark may only be transferred to a person meeting the conditions 
referred to in paragraph two of Article 45 of this Act. 
(5) A transfer of a geographical indication to another person shall not be permitted. 
Article 75a 
(Real rights) 
(1) A patent, industrial design or trade mark may be given as security or be the 
subject of real rights separately from the undertaking. 
(2) The preceding paragraph shall apply mutatis mutandis  to patent, industrial 
design and trade mark applications. 
Article 75b 
(Enforcement) 
(1) Patents, industrial designs and trade marks may be subject to enforcement. 
(2) The preceding paragraph shall apply mutatis mutandis  to patent, industrial 
design and trade mark applications. 
Article 75c 
(Licences) 
(1) Patents, industrial designs and trade marks may be licensed, wholly or partly, 
for the entire territory of the Republic of Slovenia or a part thereof. A licence may be 
exclusive or non-exclusive. (2) The preceding paragraph shall apply mutatis mutandis  to patent, industrial 
design and trade mark applications. 
(3) A holder of a trade mark may exercise the trade mark rights against a licensee 
who acts contrary to a provision of the licence agreement with regard to: 
a) its duration; 
b) the form covered by the registration in which the trade mark may be used; 
c) the scope of the goods or services for which the licence is granted; 
d) the territory in which the trade mark may be used; or 
e) the quality of the goods manufactured or services provided by the licensee. 
(4) Collective marks and geographical indications may not be the subject of a 
licence agreement. 
Article 76 
(Date of the acquisition of a right) 
(1) Subject to paragraph two of this Article, the rights referred to in Articles 18, 37, 
47 and 58 of this Act shall be acquired on the date of their entry in the relevant register. 
(2) Subject to Article 122 of this Act, the right referred to in paragraph one of 
Article 18 of this Act may not be enforced by an action under Article 121 of this Act for 
infringement of a patent before the date of the issue of a declaratory decision under point a) 
or b) of paragraph one of Article 93 of this Act or before the date of the entry of a European 
patent in the Office's register. 
Article 77 
(Lapse) 
The granted or registered rights shall lapse before the time limits laid down in 
Articles 22, 23, 40 and 52 of this Act: 
a) if the holder surrenders their right – on the day following the receipt of the surrender 
application by the Office; 
b) if the prescribed fees are not paid in accordance with this Act; 
c) pursuant to a final decision of the court or a decision of the Office in the cases provided 
by this Act – on the date specified in such a decision. 
Article 78 
(Correction of errors) 
(1) The Office may at any time, ex officio  or on request, correct errors in names, 
dates and numbers and other obvious errors in its acts, published documents and registers. 
(2) Corrections of errors in published documents shall be published in the official 
journal. 
Chapter Seven 
PROCEDURE FOR THE ACQUISITION OF RIGHTS 
Section 1 
Filing of applications and formalities examination Article 79 
(Elements of an application) 
(1) An application shall contain a statement to the effect that the acquisition of a 
specific right is requested and: 
a) for patents – all the elements listed in paragraph one of Article 86 of this Act; 
b) for industrial designs – all the elements listed in paragraph one of Article 94 of this Act; 
c) for trade marks – all the elements listed in paragraph one of Article 97 of this Act and for 
collective marks also the regulations referred to in Article 46 of this Act. 
(2) The application shall also contain: 
a) a power of attorney if the application is filed by a representative; 
b) the Slovenian translation of the application if the application was originally filed in a 
foreign language in accordance with paragraph two of Article 81 of this Act; 
c) the receipt of payment of the full amount of the application fee. 
(3) The minister responsible for industrial property shall, by way of implementing 
regulations, determine in greater detail the content of applications and the procedures for 
granting patents and registering industrial designs and trade marks. 
Article 80 
(Form of applications and the method of filing) 
(1) An application for the acquisition of a right shall, in terms of form and content, 
comply with this Act and the regulations issued pursuant to this Act and shall contain all the 
information required. The application shall be legible and submitted so that its content can be 
clearly and suitably reproduced. 
(2) The application shall be filed in writing, by hand or post, or by fax or other 
electronic means. The minister responsible for industrial property shall, by way of an 
implementing regulation, determine in greater detail the method of filing applications by other 
electronic means. 
(3) If an application which has been filed by fax or other electronic means is not 
legible or cannot be clearly and suitably reproduced, the Office shall invite the applicant to 
submit a new copy of the application in writing within three months of the service of the 
invitation. If the Office does not receive the requested copy of the application within this time 
limit, the application shall be deemed to be withdrawn. 
(4) An application fee shall be paid upon filing an application or within three 
months of the service of the Office's request. If the fee is not paid in full in due time, the 
application shall be deemed to be withdrawn. 
(5) The provisions of paragraphs one to three of this Article and of Article 81 of this 
Act shall apply mutatis mutandis  to other requests and applications filed with the Office under 
the provisions of this Act. 
Article 81 
(Language of applications) 
(1) Applications shall be filed in Slovenian, unless otherwise provided by this Act 
or an international treaty that is binding on the Republic of Slovenia. (2) An application may be filed in a foreign language, provided that it includes at 
least the indication of the right requested and the information allowing the Office to contact 
the applicant in Slovenian or in one of the official languages of the EPC, the Madrid 
Agreement, the Madrid Protocol or the Hague Agreement. 
(3) If an application is filed in a foreign language, the applicant shall submit to the 
Office a Slovenian translation thereof within three months of the service of the request. If the 
Office does not receive a Slovenian translation of the application in due time, the application 
shall be deemed to be withdrawn. 
(4) The Office shall conduct the proceedings on the basis of the application in 
Slovenian. 
Article 82 
(According of the filing date of application) 
(1) Subject to paragraph two of Article 81 of this Act, the Office shall accord the 
date of filing and a number to any application containing at least: 
a) a statement to the effect that the acquisition of a specific right is requested; 
b) information allowing the Office to establish the identity of the applicant or contact them; 
c) the essential elements of an application for the requested right referred to paragraph two 
of this Article. 
(2) The essential elements referred to in point c) of the preceding paragraph shall 
be the following: 
a) for patent applications: the part of the application which at first glance appears to be a 
description of invention; 
b) for industrial designs: a photograph or graphical representation of the appearance of the 
product or, in the case of two-dimensional products, a specimen of the product or a part 
thereof if a deferment of publication under paragraph two of Article 94 of this Act is 
requested; 
c) for trade marks: a representation of the sign and a list of the goods or services for which 
the protection is sought, and for collective marks also the regulations referred to in 
Article 46 of this Act. 
(3) The filing date of an application shall be deemed to be the date when the Office 
received all the elements referred to in paragraph one of this Article, subject to Article 83 of 
this Act, unless otherwise provided by this Act or by an international treaty that is binding on 
the Republic of Slovenia. The Office shall issue to the applicant a confirmation of the receipt 
of the application indicating the date of filing and the number of the application. 
(4) If the application does not contain all the elements referred to in paragraph one 
of this Article and cannot be accorded the date of filing and number, the Office shall, as soon 
as it receives the information allowing it to make contact with the applicant, notify the 
applicant accordingly and invite them to amend the application within three months of the 
service of the invitation, so that it at least fulfils the conditions laid down in paragraph one of 
this Article. 
(5) If the application referred to in the preceding paragraph is amended in due time 
so that it contains all the elements referred to in paragraph one of this Article, the Office shall 
accord to the application a number and the date of filing, which is the date of receipt of all the 
elements referred to in paragraph one of this Article, and shall issue a certificate to that effect 
to the applicant. (6) If the application referred to in paragraph four of this Article is not amended in 
due time or is not appropriately amended in full, it shall be deemed to be withdrawn, and the 
Office shall notify the applicant thereof. 
Article 83 
(Specifics concerning the filing date of patent applications) 
(1) If, in according the filing date to a patent application, it appears that a part of 
the description of the invention or a drawing to which the applicant refers to in the application 
is missing from the application, the Office shall promptly notify the applicant thereof and 
invite them to amend the application accordingly within three months of the service of the 
invitation. 
(2) If the applicant submits the missing part of the description of the invention or 
the missing drawing within the time limit referred to in the preceding paragraph, this part of 
the description or this drawing shall be included in the application, and the date of filing of the 
application shall be considered to be the date when the Office received this part of the 
description or this drawing or the date when the Office received all of the elements referred 
to in paragraph one of Article 82 of this Act, whichever is later. 
(3) If the applicant claims priority right under Article 61 of this Act in respect of an 
application from which a part of the description of the invention or a drawing appears to be 
missing, the missing part of the description or the missing drawing must be contained in full 
in the first application. 
(4) If the applicant claims priority right under Article 61 of this Act, the essential 
elements of the application referred to in point a) of paragraph two of Article 82 of this Act 
shall be deemed to have been filed for the purposes of according the filing date to the 
application if the applicant, when filing the application in the Republic of Slovenia, indicates 
the date, number and country or office of the application to which they refer. In such a case, 
the applicant shall submit to the Office a copy of the first application referred to in paragraph 
three of Article 61 of this Act within three months of the service of the invitation, unless the 
first application was filed with the Office or the Office can access it in a digital library 
acceptable to the Office for this purpose. If the applicant fails to do so, the priority right shall 
be deemed not to have been claimed. 
Article 84 
(Invitation to submit all elements) 
(1) If an application to which the date of filing and number have been accorded 
does not contain all the elements referred to in Article 79 of this Act, the Office shall invite the 
applicant to amend the application and remedy the deficiencies found within three months of 
the service of the invitation. 
(2) If the application referred to in the preceding paragraph is not amended in due 
time or is not appropriately amended in full, it shall be deemed to be withdrawn, except in 
cases referred to in paragraph four of Article 128 and paragraph five of Article 129 of this Act. 
Article 85 
(Formalities examination of an application) 
(1) If an application contains all the elements referred to in Article 79 of this Act, 
the Office shall examine whether all the elements of the application and any enclosures or evidence submitted therewith are drawn up as prescribed by this Act and the regulations 
issued pursuant to this Act in terms of their content and form. 
(2) In the case of a patent application, the Office shall also examine whether the 
claimed invention fulfils the requirements referred to in paragraphs two and four of Article 87 
of this Act and whether all fees have been paid, including any maintenance fees under 
paragraph four of Article 109 or paragraph four of Article 110 of this Act. 
(3) If the Office establishes with regard to a trade mark application that a good or 
service on the list of goods or services is not classified according to the international 
classification established by the Nice Agreement Concerning the International Classification 
of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as 
revised on 14 July 1967 (Official Gazette of the Socialist Federal Republic of Yugoslavia – 
International Treaties [ Uradni list SFRJ – MP ], No 51/74, and Official Gazette of the Republic 
of Slovenia – International Treaties [ Uradni list RS – MP ], No 9/92; hereinafter: the Nice 
Classification), or is classified in the wrong class of Nice Classification, the Office may, in the 
case of minor irregularities in the list of goods or services, classify the good or service or 
correct the classification according to the Nice Classification on its own and inform the 
applicant thereof. If the Office classifies or corrects more than five classifications of goods or 
services according to the Nice Classification on its own, it shall request the applicant to pay 
the classification fee within one month of the service of the request. If the applicant fails to 
pay the required fee in due time, the application shall be deemed to be withdrawn for the 
goods or services whose classification according to the Nice Classification was made or 
corrected by the Office. 
(4) If the Office establishes with regard to a trade mark application that the 
indication of a good or service on the list of goods or services is unclear, or if the Office does 
not act pursuant to the preceding paragraph, it shall invite the applicant to remedy the lack of 
clarity and deficiencies regarding the classification of goods or services according to the Nice 
Classification within three months of the service of the invitation. If the applicant fails to 
remedy the lack of clarity and deficiencies on the list of goods and services in due time, the 
application shall be deemed to be withdrawn for the goods or services that the applicant did 
not clearly indicate or correctly classify according to the Nice Classification. 
(5) If the Office finds any deficiencies in an application or in the enclosures or 
evidence submitted therewith, it shall invite the applicant to remedy the deficiencies found 
within three months of the service of the invitation. 
(6) If the applicant fails to remedy in due time all the deficiencies found, the 
application shall be deemed to be withdrawn, except in the cases referred to in paragraphs 
three and four of this Article and paragraph four of Article 128 and paragraph five of 
Article 129 of this Act. 
(7) If the Office establishes that all the elements of the application and any 
enclosures or evidence submitted therewith are in accordance with the provisions of this Act 
and the regulations issued pursuant to this Act in terms of their content and form, the 
proceedings shall continue: 
a) for patent application – pursuant to the provisions of Article 88 and subsequent Articles 
of this Act; 
b) for industrial design applications – pursuant to the provision of Article 96 of this Act; 
c) for trade mark applications– pursuant to the provisions of Article 99 and subsequent 
Articles of this Act. 
Article 85a (Signature of administrative acts and other documents and documents in electronic 
form) 
(1) A decision in electronic form shall indicate that it is signed with an electronic 
signature and provide information about the signatory, the time of signature, the issuer and 
the electronic certificate identification number. 
(2) The certification of a physical copy of a decision issued in electronic form shall 
not be necessary if the Office includes in the decision the web address where the information 
on the verification procedure is published. 
(3) A physical copy of the decision referred to in the preceding paragraph shall 
have the same probative value as the original. 
(4) The original of the decision shall be kept by the Office. 
(5) This Article shall apply to any other documents issued by the Office in 
electronic form in administrative proceedings under this Act. 
Section 2 
Special provisions for patents 
Article 86 
(Elements of a patent application) 
(1) A patent application shall contain the following elements: 
a) a request for the granting of a patent; 
b) a description of the invention; 
c) one or more patent claims; 
d) a short summary of the subject matter of the invention (abstract); 
e) if necessary, one or more drawings of the invention. 
(2) Not later than by the issue of a decision on the publication of the application, 
the applicant may file a patent application whose subject is excluded from the initial patent 
application (hereinafter: divisional application) and does not extend beyond the subject 
matter of the initial application. It shall be deemed that the divisional application was filed on 
the same date as the initial application. The same priority right may be claimed for the 
divisional application as for the initial application. 
(3) Short-term patents shall be requested when filing the patent application or 
within 12 months of the filing date thereof. After the expiry of this time limit, the request may 
not be withdrawn. 
Article 87 
(Content of patent application elements) 
(1) A request for the granting of a patent shall contain information on the applicant 
(full name and address or business name and registered office), the title of the invention, 
defining its subject, and other information related to the application as prescribed by an 
implementing regulation. 
(2) The description of the invention shall include the presentation of the problem, 
information on the state of the art, and other solutions available by that time and their deficiencies, as known to the applicant, together with a description of the new solution to the 
problem. The description of the invention shall be sufficiently clear and complete for the 
invention to be applied by a person skilled in the art to which the subject of the invention 
relates. 
(3) If an invention relates to biological material determined by an implementing 
regulation which is not available to the public and cannot be described in a manner that 
would allow a person skilled in the art to which the subject of the invention relates to apply it, 
the description of the invention shall be supplemented by a certificate of the deposit of 
biological material with an international depository authority under Article 7 of the Budapest 
Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of 
Patent Procedure of 28 April 1977, as amended on 26 September 1980 (Official Gazette of 
the Republic of Slovenia – International Treaties [ Uradni list RS – MP ], No 21/97). 
(4) Patent claims shall define the subject for which protection is sought. They must 
be clear and concise and supported by the description. 
(5) The abstract shall serve merely as technical information and may not be used 
for other purposes, particularly not for interpreting the scope of the protection sought. 
(6) A patent application may include several inventions which are so linked as to 
form a single inventive concept. 
Article 88 
(Examination of conditions for the granting of a patent) 
(1) With regard to a patent application, the Office shall examine: 
a) whether the subject of the claimed invention is patentable, subject to Article 11 of this 
Act; 
b) whether the claimed invention appears, at first glance, to comply with the requirements 
referred to in Articles 12, 14 and 15 of this Act. 
(2) With regard to a short-term patent application, the Office shall examine: 
a) whether the subject of the claimed invention may be protected by a short-term patent, 
subject to paragraph one and point a) of paragraph two of Article 11 of this Act; 
b) whether the claimed invention appears, at first glance, to comply with the requirements 
referred to in Articles 12, 15 and 16 of this Act. 
(3) If the Office establishes that the claims in a patent application fulfil all the 
requirements referred to in paragraph one of this Article, or that the claims in a short-term 
patent application fulfil all the requirements referred to in the preceding paragraph, it shall 
adopt a decision on the publishing of the application in its official journal. 
(4) If the Office establishes that the claims in a patent application do not fulfil all 
the requirements referred to in paragraph one of this Article, or that the claims in a short-term 
patent application do not fulfil all the requirements referred to in paragraph two of this Article, 
it shall refuse the request to grant a patent. 
(5) If the Office establishes that some of the claims in a patent application do not 
fulfil all the requirements referred to in paragraphs one or two of this Article, it shall reject the 
application only in the part concerned. 
Article 89 
(Publication of a patent application) (1) The Office shall publish a patent application after the expiry of 18 months from 
the filing date of the application or, if priority has been claimed, the date of priority. 
(2) An applicant may request that the application be published before the time limit 
referred to in the preceding paragraph, but not earlier than after the expiry of three months 
from the filing date of the application or, if priority has been claimed, the date of priority. 
(3) The Office shall publish the notice of the granting of the patent together with 
the patent application. 
Article 90 
(Granting of a patent) 
(1) The Office shall issue a decision on the granting of a patent and enter the 
patent in the register of patents. The date of the publication of the patent application shall be 
considered to be the date of the granting of the patent. 
(2) Until a decision under Article 93 of this Act is issued, the scope of protection 
shall be determined by the content of the published patent claims. 
Article 91 
(Time limit for the provision of written evidence) 
(1) Not later than by the end of the ninth year of the patent term, the holder of a 
patent or exclusive rights to a patent shall provide the Office with written evidence that the 
patented invention fulfils all the requirements of Articles 10, 12, 14 and 15 of this Act. 
(2) When providing the evidence referred to in the preceding paragraph or within 
three months of the service of the Office's request, the holder of the patent or exclusive rights 
to the patent shall pay a fee for the issuing of a declaratory decision. If the fee is not paid in 
due time, the evidence shall be deemed not to have been provided. 
(3) If the holder of a patent or exclusive right to a patent fails to act in accordance 
with paragraph one of this Article, the patent shall lapse on the date of the expiry of the tenth 
year of its term. 
(4) If the holder of a patent provides the evidence referred to in paragraph one of 
this Article due to an action under Article 121 of this Act, the Office shall issue one of the 
decisions referred to in Article 93 of this Act as a priority. 
(5) The provisions of this Article shall not apply to short-term patents. 
(6) In the case of a European patent which is valid in the Republic of Slovenia on 
the basis of a European patent application filed in accordance with paragraph two of Article 3 
of this Act, the provisions of this Article and Articles 92 and 93 of this Act are directly 
complied with as of the date on which the EPO publishes the notice of its granting. 
Article 92 
(Types of written evidence) 
(1) A Slovenian translation of a European patent or several European patents 
granted for the same invention by the EPO shall be considered as evidence referred to in 
Article 91 of this Act. (2) If the holder of a patent or the holder of an exclusive right under a patent does 
not have the evidence referred to in the preceding paragraph, they may submit as the 
evidence referred to in Article 91 of this Act a Slovenian translation of the patent for the same 
invention which, following a complete examination, has been granted by another authority 
having the status of an International Preliminary Examining Authority under Article 32 of the 
PCT, or by any other patent office with which an agreement has been concluded. 
(3) If the proceedings for granting the patent that is to serve as evidence under 
paragraphs one or two of this Article have not yet been concluded, the applicant shall notify 
the Office accordingly within the time limit provided in paragraph one of Article 91 of this Act. 
On the basis of that notification, the Office shall suspend the proceedings. The proceedings 
shall continue if the holder of the patent provides evidence under this Article within three 
months of the granting of the patent. If the evidence under this Article is not provided in the 
aforementioned time limit, the patent shall be deemed to lapse on the date of the expiry of 
the tenth year of its term. 
(4) A Slovenian translation of a patent which serves as the evidence referred to in 
Article 91 of this Act shall not provide a greater scope of protection than the original text of 
the translated patent. 
(5) If the Office doubts the correctness of the translation, it may request that the 
holder of the patent or exclusive right to the patent provide a certified Slovenian translation of 
the patent serving as the evidence referred to in Article 91 of this Act within three months of 
the service of the request. If the certified Slovenian translation is not provided in due time, it 
shall be deemed that the evidence has not been provided. 
(6) If the Office establishes that the evidence under this Article is forged or false, it 
shall, by way of a decision, declare the patent invalid. 
(7) If the holder of a patent or the holder of an exclusive right to a patent does not 
have the evidence referred to in paragraphs one or two of this Article, they may themselves 
obtain a prior art searching report with a written opinion for that patent as the basis for 
issuing one of the decisions under Article 93 of this Act from the authority or office referred to 
in paragraphs one or two of this Article and may submit it to the Office, together with a copy 
of the request filed with that authority or office to obtain a prior art searching report with a 
written opinion as the basis for issuing one of the decisions under Article 93 of this Act. The 
holder of a patent or the holder of an exclusive right to a patent may instead request that the 
Office obtain a prior art searching report with a written opinion as the basis for issuing one of 
the decisions under Article 93 of this Act from the office referred to in paragraphs one or two 
of this Article, submitting, at the time of filing the request, an English translation of the patent, 
and paying to the Office a special fee and the costs charged to the Office by that office in 
accordance with the agreement. 
Article 93 
(Issuing of declaratory decisions) 
(1) On the basis of the provided evidence and other documents under Article 92 of 
this Act, the Office shall issue: 
a) a declaratory decision that the invention fulfils the requirements referred to in Articles 10, 
12, 14 and 15 of this Act and that the claims of the granted patent entirely fulfil the same 
requirements; 
b) a declaratory decision that the invention only partly fulfils the requirements referred to in 
Articles 10, 12, 14 and 15 of this Act, due to which the claims of the granted patent are 
amended accordingly; or c) a declaratory decision that, on the filing date of the patent application, the invention did 
not fulfil the requirements referred to in Articles 10, 12, 14 and 15 of this Act, due to 
which the patent is declared invalid. 
(2) The Office cannot issue a decision under points b) or c) of the preceding 
paragraph without previously notifying the holder of the patent of the intended amendment of 
patent claims or invalidity of the patent and inviting them to state, within three months of the 
service of the invitation, their position thereon or amend the patent claims accordingly. If the 
holder of the patent states their position or amends the patent claims in due time, the Office 
shall, before issuing the decision under points b) or c) of the preceding paragraph, verify if 
the reasons for the issuing thereof still exist. If the holder of the patent fails to state their 
position in due time, it shall be deemed that they agree with the opinion of the Office. 
(3) Patent claims that are amended by way of a decision referred to in point b) of 
paragraph one of this Article may not provide a greater scope of protection than the claims of 
a patent granted by a decision under Article 90 of this Act. 
(4) If the Office establishes, on the basis of the evidence provided under 
paragraph one of Article 92 of this Act, that the patent granted does not fulfil the requirement 
referred to in paragraph six of Article 87 of this Act, it shall divide the initial patent into several 
patents, which shall retain the filing date of the application and the date of any claimed 
priority of the initial patent. 
Section 3 
Special provisions for industrial designs 
Article 94 
(Elements of an industrial design application) 
(1) An application for an industrial design shall contain the following elements: 
a) a request for the registration of an industrial design; 
b) a photograph or graphical representation of the appearance of the whole or a part of the 
product or products, if the application relates to multiple products, in the number of 
copies prescribed by an implementing regulation. 
(2) In the application, the applicant may request that the main information of the 
application not be published before the expiry of 12 months from the filing date of the 
application or, if priority is claimed, the date of priority. If the application relates to multiple 
products, the deferral of publication may not be requested for only some of the products. 
(3) If the application relates to a two-dimensional product, this including textile 
patterns or holograms, or a part thereof and a deferral of publication under the preceding 
paragraph is requested, a specimen of that product or a part thereof may be enclosed with 
the application instead of a photograph or graphical representation of the appearance of the 
product or a part thereof. The applicant shall submit a photograph or graphical representation 
of the product concerned in the number of copies prescribed by an implementing regulation, 
this not later than two months before the expiry of the time limit for the requested deferral of 
publication under the preceding paragraph, otherwise the application shall be deemed to be 
withdrawn. 
Article 95 
(Content of the elements of industrial design application) (1) An application for the registration of an industrial design shall contain 
information on the applicant (full name and address or business name and registered office), 
an indication of the product to which the subject of the application relates, the classification 
according to the international classification established by the Locarno Agreement on 
International Classification for Industrial Designs of 8 October 1968 (Official Gazette of the 
Socialist Federal Republic of Yugoslavia – International Treaties [ Uradni list SFRJ – MP ], 
No 51/74, and Official Gazette of the Republic of Slovenia – International Treaties [ Uradni list 
RS – MP ], No 9/92; hereinafter: the Locarno Classification), and other information prescribed 
by an implementing regulation. 
(2) One industrial design application may cover several products if they belong to 
the same class of the Locarno Classification. 
(3) The photograph or graphical representation of the appearance of the product 
or part thereof shall clearly show the novelty and the individual character of the appearance 
of the product for which protection is sought. 
Article 96 
(Examination of conditions for the registration of an industrial design) 
(1) With regard to an industrial design application, the Office shall examine 
whether the design applied for may be registered as an industrial design, subject to the 
provisions of Article 36 of this Act, with the exception of point b) thereof. 
(2) If the Office establishes that the design applied for fulfils the requirements of 
the preceding paragraph, it shall issue a decision on the registration of the industrial design, 
enter the industrial design in the register and publish the notice of the registration of the 
industrial design. 
(3) If the Office establishes that the design applied for does not fulfil the 
requirements referred to in paragraph one of this Article, it shall refuse the application for the 
design, either wholly or partly. 
Section 4 
Special provisions for trade marks 
Article 97 
(Elements of a trade mark application) 
(1) A trade mark application shall contain the following elements: 
a) a request for the registration of a trade mark; 
b) a list of the goods or services for which the protection is sought; 
c) a representation of the sign, which shall fulfil the requirements referred to in point b) of 
paragraph one of Article 42 of this Act and be in a format accepted by the Office. 
(2) A collective mark application shall contain, in addition to the elements set out in 
the preceding paragraph, also the regulations referred to in Article 46 of this Act. 
(3) A separate application shall be filed for each sign. An applicant may request 
the registration of a trade mark for several types of goods or services in a single application. 
An applicant may also file several applications requesting the registration of several different 
or similar trade marks for the same type of goods or services. (4) At the request of the applicant, a trade mark application may be divided into 
several applications. Each application shall retain the filing date of the initial application and, 
if priority is claimed, the date of priority. This provision shall apply mutatis mutandis  to the 
division of a trade mark. 
Article 98 
(Content of the elements of a trade mark application) 
(1) An application for the registration of a trade mark shall contain information on 
the applicant (full name and address or business name and registered office), an indication 
of the sign applied for and the indication of whether the application concerns a collective 
mark. 
(2) The goods and services in the list of goods or services shall be classified 
according to the Nice Classification. If the registration for goods or services of more than one 
class is requested, the goods and services shall be grouped in classes according to the Nice 
Classification, with the number of the class to which the group of goods or services belongs 
stated before each group or groups, these listed in the order of the classes. 
(3) The applicant shall identify goods and services with sufficient clarity and 
precision so that the scope of protection sought can be established solely on this basis. The 
applicant may use general indications used in the class headings of the Nice Classification or 
other general terms if they comply with the required standards of clarity and precision 
provided by this Article. 
(4) It shall be deemed that the use of general terms, including general indications 
used in the class headings of the Nice Classification, includes all goods or services clearly 
covered by the literal sense of the indication or term. The use of such terms or indications 
shall not cover a request for goods or services that cannot be so understood. 
(5) The goods and services classified in the same class under the Nice 
Classification shall not be presumed to be similar. The goods and services classified in 
different classes under the Nice Classification shall not be presumed to be dissimilar. 
Article 99 
(Examination of application as to absolute grounds for trade mark refusal) 
(1) Before publishing a trade mark application, the Office shall examine whether 
the sign applied for may be registered as a trade mark, subject to Articles 42 and 43 of this 
Act. If the application concerns a collective mark, the Office shall also examine whether the 
collective mark may be registered in accordance with Articles 45, 46 and 46a of this Act. 
(2) If the Office establishes that the sign applied for fulfils the requirements 
referred to in the preceding paragraph, it shall publish the trade mark application. 
(3) If the Office establishes that the sign applied for or the regulations referred to in 
Article 46 of this Act do not fulfil the requirements referred to in paragraph one of this Article, 
it shall reject the trade mark application, either wholly or partly. 
Article 100 
(Opposing opinion of third parties) (1) Any person may submit to the Office their observation that the sign applied for 
may not be registered as a trade mark in accordance with Article 43 of this Act, stating the 
reasons therefor. A person may also submit their observation that a collective mark may not 
be registered in accordance with Article 46a of this Act, stating the reasons therefor. 
(2) The person submitting such an observation to the Office shall not be a party to 
the proceedings before the Office. 
(3) The Office shall inform the applicant of the observations of third parties referred 
to in paragraph one of this Article. The applicant may reply to the Office and state their 
reasons regarding the received observations of the third party. 
Article 101 
(Opposition to the registration of a trade mark) 
(1) Within three months of the publication of a trade mark application, the holder of 
an earlier trade mark may file a written opposition to the registration of the trade mark. An 
opposition filed in electronic form shall also be considered as a written opposition. 
(2) An opposition may only be based on the grounds referred to in Article 44 of this 
Act and must contain appropriate evidence. An opposition may be based on one or more 
previous rights if their holder is the same person and if they wholly or partly relate to the 
goods or services for which the opposed trade mark is applied for. 
(3) An opposition under paragraph one of this Article may also be filed by: 
a) a holder of a previously acquired unregistered sign that is used in trade, as referred to in 
point d) of paragraph one of Article 44 of this Act; 
b) a holder of a trade mark referred to in point e) of paragraph one of Article 44 of this Act 
which the holder's agent or representative has registered in their own name without the 
holder's consent; 
c) a person entitled to use the designation of origin or the geographical indication referred 
to in point f) of paragraph one of Article 44 of this Act; 
d) a holder of another previously acquired right referred to in point g) of paragraph one of 
Article 44 of this Act. 
(4) When filing the opposition, or not later than three months from the service of 
the Office's request, the opposition fee shall be paid and a power of attorney shall be 
submitted if the opposition has been filed by a representative. 
(5) If the person who files the opposition later withdraws it, this withdrawal may not 
be cancelled later on. 
(6) If the opposition does not fulfil the requirements referred to in this Article, it 
shall be deemed not to have been filed. 
Article 102 
(Notification of opposition) 
The Office shall notify the trade mark applicant of any opposition filed. The 
applicant may, within three months of the receipt of the notification, state their position on the 
grounds stated in the opposition. 
Article 102a (Non-use as defence in opposition proceedings) 
(1) The applicant for a trade mark to which an opposition under paragraph one of 
Article 101 of this Act was filed may, within the time limit referred to in Article 102 of this Act, 
request that the holder of the earlier trade mark who filed the opposition to the registration of 
their trade mark provide evidence that, during the five consecutive years immediately before 
the filing date of the application or the date of priority for their trade mark that motivated the 
opposition, they had put the trade mark to genuine use in accordance with Article 52b of this 
Act on the goods or services for which it is registered or that there were justified reasons for 
non-use, provided that the earlier trade mark was entered in the register at least five years 
before the filing date of the application or priority date of the later trade mark. 
(2) The Office shall invite the holder of the earlier trade mark to state, within three 
months of the service of the invitation, their position on the request referred to in the 
preceding paragraph and provide relevant evidence. 
(3) If the holder of the earlier trade mark fails to prove the use of their trade mark 
in accordance with Article 52b of this Act or the existence of justified reasons for non-use 
within the time limit referred to in preceding paragraph, the Office shall, by way of a decision, 
reject the opposition. 
(4) If the earlier trade mark has only been used on some of the goods or services 
for which it is registered, it shall be considered for the purposes of the examination of the 
merits of the opposition that it is only registered for such goods or services. 
Article 102b 
(Suspension of proceedings) 
(1) At the joint request of the person who filed the opposition referred to in 
Article 101 of this Act and the trade mark applicant that they wish to consider the possibilities 
of settlement, the Office shall, by way of a decision, suspend the trade mark registration 
proceedings for six months. 
(2) If, during the suspension of the trade mark registration proceedings, the person 
who filed the opposition does not withdraw their opposition in full, the registration 
proceedings shall continue and the Office shall verify whether the opposition is justified. 
(3) The time limits referred to in Articles 102 and 102a of this of this Act shall not 
run during the suspension of proceedings. If the proceedings continue, these time limits 
continue to run until their expiry. 
Article 102c 
(Deciding on opposition) 
(1) The Office shall verify whether the opposition is justified within the limits of the 
statements of the person who filed it and the trade mark applicant and the evidence 
provided. 
(2) If the Office establishes that the opposition is not justified, it shall reject it, by 
way of a decision, and continue the registration proceedings. 
(3) If the Office establishes that the opposition is justified and that the trade mark 
may not be registered in respect of all of the goods or services for which the sign is applied 
for, the Office shall, by way of a decision, reject the application in full. (4) If the Office establishes that the opposition is justified and that the trade mark 
may not be registered in respect of some of the goods or services for which the sign is 
applied for, the Office shall, by way of a decision, reject the application for such goods or 
services and continue the trade mark registration proceedings for the remaining goods or 
services. 
Article 103 
(Registration of trade marks) 
(1) If no opposition to the registration of a trade mark has been filed or the 
opposition has been rejected or has been deemed not to have been filed, the Office shall 
request the applicant to pay, within three months of the service of the request, the trade mark 
registration fee. This fee shall include the fee for the first ten years of the term of the trade 
mark. 
(2) Following the payment of the fee referred to in the preceding paragraph, the 
Office shall issue a decision on the registration of the trade mark, enter the trade mark in the 
register and publish the notice of the trade mark registration. 
(3) If the applicant fails to pay the fee referred to in paragraph one of this Article in 
due time, the application shall be deemed to be withdrawn. 
Section 5 
Special provisions for geographical indications 
Article 104 
(Registration of geographical indications) 
(1) An application for the registration of a geographical indication may be filed by 
associations of legal or natural persons, chambers, municipalities, wider local communities or 
state authorities. 
(2) The request referred to in the preceding paragraph shall be accompanied by a 
specification including, in particular: 
a) the indication to be registered as a geographical indication; 
b) an indication of the good to which the proposed 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) an indication of relevant location or region, including borders; 
e) a description of the method of obtaining the good and, if necessary, the authentic and 
unvarying local methods; 
f) a description of the link between the good and the location or region; 
g) details of inspection authorities; 
h) labelling details. 
(3) If the application complies with the provisions of this Article and Articles 55 and 
56 of this Act, the Office shall issue a decision on the registration of the geographical 
indication, enter the geographical indication in the register and publish the notice of the 
registration of the geographical indication. 
(4) The provisions of this Article shall not apply to geographical indications 
protected pursuant to paragraph three of Article 55 of this Act. Chapter Eight 
REGISTERS AND MAINTENANCE OF RIGHTS 
Article 105 
(Registers) 
(1) The Office shall keep registers of patents, supplementary protection 
certificates, industrial designs, trade marks and geographical indications and registers of 
applications for the aforementioned rights. Registers shall be public, unless otherwise 
provided by this Act. 
(2) The date of the granting of a patent or a supplementary protection certificate or 
the date of issue of a decision on the registration of an industrial design, trade mark or 
geographical indication shall be considered as the date of entry in the register. 
(3) On request and against payment of a fee prescribed by the Act governing 
administrative fees, the Office shall issue extracts from registers. 
(4) The minister responsible for industrial property shall, by way of an 
implementing regulation, determine in greater detail the content of the registers, the content 
of requests for entering changes in the registers, the content of extracts from the registers 
and the procedure for issuing extracts from the registers. 
Article 106 
(Content of registers) 
(1) The register of patents shall include, in particular, the following: registration 
number; the filing date and number of the application; the right of priority claimed; the date of 
publication; the date of entry in the register; the number and date of the issue of a 
declaratory decision under Article 93 of this Act; information on the holder (full name and 
address or business name and registered office); the type of the patent; information on the 
inventor (full name and address); the title of the invention; information on the maintenance of 
the patent; and the date of expiry of the patent. 
(2) The register of supplementary protection certificates shall include, in particular, 
the following: registration number; the filing date and number of the application; the date of 
publication of the application and the supplementary protection certificate; the date of entry in 
the register; information on the applicant and the holder of the supplementary protection 
certificate (full name and address or business name and registered office); the title of the 
product; the registration number of the patent on the basis of which the supplementary 
protection certificate was granted; the number and date of the first authorisation to place the 
product on the market in the Republic of Slovenia or the European Union or the European 
Economic Area as a medicinal or phyto-pharmaceutical product; an indication of the issuing 
state if the authorisation was not issued by a competent EU authority under a centralised 
procedure; the date until which the certificate is valid; information on the maintenance of the 
certificate; and the date of expiry of the certificate. 
(3) The register of industrial designs shall include, in particular, the following: 
registration number; the filing date of the application; the right of priority claimed; the date of 
publication; the date of entry in the register; information on the holder (full name and address 
or business name and registered office); information on the designer (full name and address) 
if the designer so wishes; an indication of the product; the number of products; the classification code according to the Locarno Classification; information on the renewal of the 
industrial design; and the date of expiry of the industrial design. 
(4) The register of trade marks shall include, in particular, the following: 
registration number; the filing date of the application; the right of priority claimed; information 
on the regulations referred to in Article 46 of this Act and any amendments thereto; the date 
of publication of the application and of the notice of registration of the trade mark; information 
on opposing observations by third parties; information on an opposition and the person who 
filed it; the date of entry in the register; information on the holder (full name and address or 
business name and registered office); the appearance of the trade mark; the list of goods or 
services and their classification according to the Nice Classification; information on the 
division of the trade mark; information on international registration; information on the 
renewal of the trade mark; information on the revocation of the trade mark; information on the 
invalidation of the trade mark; and the date of expiry of the trade mark. 
(5) The register of geographical indications shall include, in particular, the 
following: registration number; the filing date of the request; the date of publication; the date 
of entry in the register; the geographical indication; the type of the good; and the location to 
which the indication relates. 
(6) Information on litigation of which the Office is notified and final judgements 
shall be entered ex officio  in the registers referred to in paragraph one of Article 105 of this 
Act. 
(7) The provisions of this Article shall apply mutatis mutandis  to the registers of 
applications. 
Article 107 
(Entry of changes in the registers) 
(1) On request, any subsequent changes regarding a right or the holder of a right 
shall be entered in the register referred to in paragraph one of Article 105 of this Act. This 
paragraph shall apply mutatis mutandis  to applications and applicants. 
(2) The transfers of rights or licences shall be entered in the corresponding 
register at the request of one of the parties to the agreement. 
(3) The person who was registered as the holder of a right before the entry of a 
change may contest any change entered in the register without their consent by filing an 
action in administrative dispute with the Administrative Court of the Republic of Slovenia in 
Ljubljana, as the court having exclusive territorial jurisdiction, and providing relevant 
evidence. 
Article 108 
(Procedure for the entry of changes) 
(1) A request for the entry of changes may include several changes in the register. 
A single request shall also be sufficient when the change or changes relate to more than one 
application and/or right of the same person if the change or changes are the same for all 
applications and rights concerned and the numbers of all applications and rights concerned 
are indicated in the request. (2) A fee for the entry of each change for each application or right in the register 
shall be paid upon filing the request or within three months of the service of the Office's 
request. If the fee is not paid in due time, the request shall be deemed to be withdrawn. 
(3) If the request for the entry of a change is filed by the person who is registered 
as the holder of the right, the Office shall immediately issue a decision on the entry of the 
change and enter the change in the register. 
(4) If the request for the entry of a change is filed by a person who is not registered 
as the holder of the right, that person shall, when filing the request or within three months of 
the service of the Office's request, submit the consent of the holder of the right to the entry of 
the requested change in the register or any other documents of their own choosing showing 
the legal basis for the entry of the change. If the Office doubts the veracity of the information 
contained in the request for the entry of a change or if the documents submitted are in a 
foreign language, it may request that the requesting party provide additional documents or a 
Slovenian translation of the submitted documents within three months of the service of the 
Office's request. 
(5) If the requesting party fails to submit additional documents or the translation 
referred to in the preceding paragraph in due time, the request for entry of a change shall be 
deemed to be withdrawn. 
(6) The Office shall decide on the entry of a change by way of a decision. 
Article 109 
(Maintenance fees) 
(1) Fees shall be paid for the maintenance of rights; these shall fall due, counting 
from the filing date of the application: 
a) for patents: every year for the subsequent year of validity; 
b) for industrial designs: every five years for the subsequent five years of validity; 
c) for trade marks: every ten years for the subsequent ten years of validity. 
(2) The fees under the preceding paragraph shall be paid within one year 
preceding the due date. The Office shall notify the holder of a trade mark of the due date of 
the fee at least six months before the due date. 
(3) The patent application fee shall include the maintenance fee for the first three 
years of its term. The industrial design application fee shall include the maintenance fee for 
the first five years of its term. 
(4) If the proceedings for the granting of a patent last more than three years from 
the filing date of the application or the proceedings for the registration of an industrial design 
more than five years from the filing date of the application, the provisions of paragraphs one 
and two of this Article shall apply mutatis mutandis  to the patent application or the industrial 
design application. 
Article 110 
(Payment of maintenance fees in a grace period) 
(1) If the fee for maintaining a right is not paid in accordance with the provisions of 
Article 109 of this Act on the due date or before, it can be paid within the grace period of six 
months, counting from the due date for the fee, together with an additional late payment fee. The late payment fee shall amount to 50% of the total prescribed fee that has not been paid 
in due time. 
(2) The Office shall remind the holder of the right that the maintenance fee referred 
to in paragraph one of Article 109 of this Act has not been paid in due time, of the possibility 
of payment under the preceding paragraph and of the consequences of the non-payment of 
fees. 
(3) If the maintenance fees are not paid by the due date or, following the reminder 
of the Office, not even within the grace period referred to in paragraph one of this Article, 
together with the late payment fee, the right shall lapse on the day following the due date 
referred to in paragraph one of Article 109 of this Act. 
(4) Paragraphs one and two of this Article shall apply mutatis mutandis  in the 
cases referred to in paragraph four of Article 109 of this Act. If in such cases the 
maintenance fee and the late payment fee are not paid within the grace period, the 
application shall be deemed to be withdrawn. 
Chapter Eight 
REVOCATION AND INVALIDATION OF A TRADE MARK 
Section 1 
Common provisions 
Article 110a 
(Application for the revocation or invalidation of a trade mark) 
(1) An application for the revocation or invalidation of a trade mark shall be filed 
with the Office in writing in a sufficient number of copies for the parties and the Office, unless 
it is filed in electronic form. 
(2) The application for the revocation or invalidation shall contain information on 
the applicant (last name, first name and address or company name and registered office), 
information on any representative (last name, first name and/or address or company name 
and registration number of the representative), the reasons for the revocation or invalidation 
of the trade mark, information on the trade mark to which the application relates, evidence of 
the grounds on which the application is based unless the revocation of the trade mark for 
non-use is sought, and a Slovenian translation of the evidence, if the evidence is provided in 
a foreign language. 
(3) An application for the revocation or invalidation of a trade mark may relate to 
part or all of the goods or services in respect of which the trade mark is registered. 
(4) At the same time as the application referred to in paragraph one of this Article 
is filed, or at the latest within three months of the service of the invitation of the Office, a fee 
for the revocation or invalidation of the trade mark shall be paid and, if the application is filed 
through a representative, a power of representation shall be submitted. 
(5) The Minister responsible for industrial property shall specify the contents of the 
application for the revocation or invalidation of a trade mark. 
Article 110b (Procedure before the Office) 
(1) If no grounds for refusal of an application for the revocation or invalidation of a 
trade mark under the Act governing general administrative procedure are given, the Office 
shall examine whether the conditions laid down in the preceding Article are fulfilled. 
(2) If the application for the revocation or invalidation of the trade mark does not 
fulfil the conditions referred to in paragraphs one, two or four of the preceding Article, the 
Office shall invite the applicant to remedy the established deficiencies within three months of 
the service of the invitation. If the applicant fails to remedy the deficiencies within that period, 
the Office shall, by way of a decision, reject the application. 
(3) If the Office does not reject the application for the revocation or invalidation of a 
trade mark, it shall send it to the holder of the trade mark whose revocation or invalidation is 
sought and shall invite the holder to make representations on the reasons for revocation or 
invalidation and to submit evidence within three months of the service of the invitation. 
4) If the holder of the trade mark whose revocation or invalidation is sought 
responds to the invitation within the time limit referred to in the preceding paragraph, the 
Office shall send its response to the applicant and shall invite them to make representations 
thereon within three months of the service of the invitation. 
(5) Any party may supplement their application for the revocation or invalidation of 
the trade mark or the response thereto once. The Office shall send the supplement to such 
application or response to the opposing party in order that the latter may, within three months 
of the service of the invitation, make representations thereon. The Office shall not take into 
consideration any subsequent supplements to such application or response in its decision-
making. 
(6) On the joint application of the parties that they wish to consider the possibility 
of a settlement, the Office shall, by way of a decision, suspend the procedure of the 
revocation or invalidation of the trade mark for six months. 
(7) If the applicant withdraws the application for the revocation or invalidation of 
the trade mark, the withdrawal may not be revoked. 
(8) The Office shall examine whether the application is justified within the limits of 
the allegations made by the applicant and those made by the holder of the trade mark and 
the evidence submitted. 
(9) If the Office establishes that the application is unjustified, it shall reject it by 
way of a decision. 
10) If the Office finds that the application is justified or partially justified, it shall, by 
way of a decision, revoke or invalidate the trade mark whose revocation or invalidation is 
sought, in whole or in part. 
Section 2 
Revocation of trade marks 
Article 110c 
(Filing an application and reasons for the revocation of a trade mark) 
(1) Any person may apply for the revocation of a trade mark. (2) A trade mark may be revoked if the holder has not genuinely used the trade 
mark in accordance with Article 52b of this Act in the Republic of Slovenia on the goods or 
services for which it is registered for an uninterrupted period of five years without justified 
reason. In revocation proceedings due to non-use, the holder of the trade mark shall prove 
the use of the trade mark. 
(3) The revocation of a trade mark due to non-use may not be requested if the 
holder has started or resumed genuinely using the trade mark during the interval between 
the expiry of the uninterrupted period of five years referred to in the preceding paragraph and 
the filing of the application for the revocation of the trade mark. This circumstance may not 
be invoked by the holder of a trade mark who started or resumed using the trade mark within 
three months preceding the filing of the application, counting not earlier than from the expiry 
of the time limit referred to in the preceding paragraph, if they started the preparations for the 
use or resumed use only after becoming aware that an application for the revocation of their 
trade mark might be filed. If the application is filed before the expiry of a period of five years 
from the date of entry of the trade mark in the register, the Office shall, by way of a decision, 
reject the application. 
(4) A trade mark may also be revoked if: 
a) the trade mark has, through the acts or omissions of its holder, become a common name 
in the trade for the goods or services in respect of which it is registered; or 
b) the trade mark is used by the holder of the trade mark or another person with the 
holder's consent on the goods or services for which it is registered in a way that is 
misleading to the public, particularly as to the nature, quality or geographical origin of the 
goods or services concerned. 
(5) Apart from the reasons referred to in paragraphs two and three of this Article, 
an application for the revocation of a collective mark may also be filed if one of the following 
reasons applies on the date of the filing of the application: 
a) the holder of the collective mark fails to implement reasonable measures to prevent the 
use of the mark in a way that is not in accordance with the conditions for use provided by 
the regulations referred to in Article 46 of this Act, including any amendment to the 
regulations entered in the register; 
b) persons entitled to use the collective mark have used the mark in a way that was 
misleading to the public under point b) of Article 46a of this Act; or 
c) the amendment to the regulations referred to in Article 46 of this Act has been entered in 
the register contrary to paragraph three of Article 46 of this Act, unless the holder of the 
collective mark amends the regulations referred to in Article 46 of this Act so that they 
comply with the requirements referred to in paragraph three of Article 46 of this Act. 
(6) Due to non-use the trade mark shall be revoked for the goods or services for 
which it was established that the trade mark has not been used on them in the territory of the 
Republic of Slovenia. 
(7) The trade mark shall be revoked as from the date on which the decision 
becomes final. The revocation of the trade mark shall take effect from the date of filing the 
application for revocation. At the request of one of the parties, an earlier date may be fixed 
as the effective date of revocation if one of the reasons for revocation already existed on that 
date. 
Section 3 
Invalidity of trade marks Article 110d 
(Filing an application and reasons for the invalidation of a trade mark) 
(1) An application for the invalidation of a trade mark may be filed if: 
a) taking into account the filing date of the application, the trade mark was registered 
contrary to Articles 42 and 43 of this Act; 
b) taking into account the filing date of the application, the trade mark was registered 
contrary to Article 44 of this Act, unless the earlier trade mark is an EU trade mark that 
has been applied for or registered before the accession of the Republic of Slovenia to 
the European Union; or 
c) the applicant did not act in good faith when filing the application. 
(2) An application for the invalidation of a collective mark may also be filed if, 
taking into account the filing date of the application, the collective mark was registered 
contrary to Articles 45, 46 or 46a of this Act. 
(3) Where the reason for the application referred to in the preceding paragraph 
was the registration of a collective trade mark in contravention of Article 46 of this Act, the 
Office shall reject the application if the holder of the collective trade mark, by the date the 
decision is issued, amends the regulations referred to in Article 46 of this Act so that they 
comply with the requirements referred to in paragraph three of Article 46 of this Act. 
(4) Any person may file an application for the invalidation of a trade mark under 
point a) of paragraph one of this Article. An application for the invalidation of a trade mark 
under point c) of paragraph one of this Article may be filed by a person having a legal 
interest. 
(5) An application for the invalidation of a trade mark under point b) of paragraph 
one of this Article may be filed by: 
a) a holder of an earlier trademark; 
b) a holder of a previously acquired unregistered sign that is used in trade, as referred to in 
point d) of paragraph one of Article 44 of this Act; 
c) a holder of a trade mark referred to in point e) of paragraph one of Article 44 of this Act 
which the holder's agent or representative has registered in their own name without the 
holder's consent; 
d) a person entitled to use the designation of origin or the geographical indication referred 
to in point f) of paragraph one of Article 44 of this Act; 
e) a holder of another previously acquired right referred to in point g) of paragraph one of 
Article 44 of this Act. 
(6) An application for invalidation referred to in point b) of paragraph one of this 
Article may be filed on the basis of one or more earlier rights, provided that the holder of 
those rights is the same. 
(7) If the holder of the trade mark whose invalidation is sought requires the 
applicant to submit evidence of the use of their trade mark, the provisions of Article 52c of 
this Act shall apply. 
(8) A trade mark shall be declared invalid on the date on which the decision 
becomes final. The invalidity of the trade mark shall take effect from the date of filing the 
trade mark application. 
Chapter Nine 
JUDICIAL PROTECTION AND ENFORCEMENT OF RIGHTS Section 1 
Judicial protection 
Subsection 1 
Invalidity of rights 
Article 111 
(Actions for invalidation) 
Any interested party may file an action with the competent court to declare a 
patent, short-term patent or industrial design invalid. 
Article 112 
(Actions for the invalidation of patents) 
(1) An action for the invalidation of a patent may be filed if one of the following 
reasons applies: 
a) on the filing date of the application, the invention did not fulfil all the requirements 
referred to in Articles 10, 11, 12, 14 and 15 of this Act or, in the case of a short-term 
patent, the requirements referred to in Article 16 of this Act; 
b) the description of the invention is not sufficiently clear and complete for the invention to 
be applied by a person skilled in the art to which the subject of the invention relates; 
c) the subject matter of the protection extends beyond the subject matter of the first 
application received or, if the patent was granted on a divisional application, beyond the 
subject matter of the initial application. 
(2) An action for the invalidation of a patent may also be filed after the issuing of a 
declaratory decision under points a) or b) of paragraph one of Article 93 of this Act or after 
the expiry of the patent. 
(3) If an action for the invalidation of a European patent which is valid in the 
Republic of Slovenia pursuant to an international treaty and to which an opposition has been 
filed with the EPO is filed during the opposition proceedings before the EPO, the court shall 
suspend the proceedings until the final decision of the EPO in the opposition proceedings. 
Article 113 
(Actions for the invalidation of industrial designs) 
An action for the invalidation of an industrial design may be filed if, taking into 
account the filing date of the application, one of the following reasons applies: 
a) the industrial design has been registered contrary to Article 36 of this Act; 
b) the applicant for or the holder of the industrial design was not entitled to an industrial 
design protection. 
Article 114 
(Deleted) 
Subsection 2 
Contesting of rights Article 115 
(Contesting of the right to a patent or industrial design) 
(1) An inventor, their heir or other successor in title may, at any time during the 
term of a patent, file an action with a competent court requesting that they be declared the 
holder of the patent if the patent has been granted in the name of a person who is not the 
inventor, their heir or other successor in title. 
(2) The designer of a design, their heir or other successor in title may, at any time 
during the term of an industrial design, file an action with a competent court requesting that 
they be declared the holder of the right if the industrial design was registered in the name of 
a person who is not the designer, their heir or other successor in title. 
(3) The action referred in paragraphs one or two of this Article may also be filed by 
a person who is entitled to the patent or industrial design rights if the patent was granted or 
industrial design registered in the name of the inventor or designer or a third person for 
whom the inventor or the designer wrongly allowed that the patent be granted or industrial 
design be registered in their name. 
Article 116 
(Contesting of the right to a trade mark) 
(1) Legal or natural persons may file an action with a competent court requesting 
the court to establish that a sign which they use in trade to mark their goods or services is 
identical or similar to a trade mark used by a third person to mark their goods or services of 
the same or similar type and that the sign had been generally known as the designation of 
the goods or services of the legal or natural person before the defendant filed their trade 
mark application and also requesting the court to issue a decision declaring the plaintiff to be 
the holder of the trade mark. 
(2) The court shall rule against the request referred to in the preceding paragraph 
if the defendant, who is the holder of the trade mark, proves that they had used the contested 
sign for the same or similar goods or services for as long as or longer than the plaintiff before 
filing the application. 
(3) The action referred to in paragraph one of this Article may not be filed after the 
expiry of five years from the date of entry of the trade mark in the register. 
Article 117 
(Entry of new holder in the register) 
(1) Within three months of the service of a final judgement granting the plaintiff's 
request referred to in Articles 115 or 116 of this Act, the plaintiff may request to be entered in 
the register as the holder of the patent, industrial design or trade mark and to be issued a 
certificate to that effect. 
(2) If the person whose request was granted fails to submit a request to be entered 
in the register as the holder of the right within the time limit referred to in the preceding 
paragraph, the right shall be removed ex officio  from the register. 
(3) Any rights acquired by a person who is not the person registered as the holder 
of the right before the judgement referred to in paragraph one of this Article shall still apply 
against the new holder of the rights if they had been entered in the relevant register or 
correctly applied for registration before the action was filed. Subsection 3 
Recognition of the right of the inventor or designer to be mentioned 
Article 118 
(Actions of inventors or designers for mention) 
(1) An inventor or designer may file an action with a competent court requesting: 
a) to be mentioned in the application and in all documents; 
b) the final judgement to be published at the defendant's expense. 
(2) The action referred to in the preceding paragraph may be filed at any time 
during the term of validity of the patent or industrial design. 
Subsection 4 
(Deleted) 
Article 119 
(Deleted) 
Article 120 
(Deleted) 
Section 2 
Enforcement of rights 
Article 120a 
(Standing) 
(1) The rights to enforce judicial protection belonging to a holder of a right referred 
to in Articles 18, 37, 47 and 58 of this Act also belong mutatis mutandis  to: 
a) a person entitled to use a collective mark if the holder of the collective mark consents to 
this or does not initiate infringement proceedings within the relevant period following the 
notification; 
b) a person entitled to use a geographical indication; 
c) a licensee, to the extent to which the holder's rights are transferred to them by an Act or 
a legal transaction, if the holder of the right consents to this; 
d) an exclusive licensee if the holder of the right does not initiate infringement proceedings 
within the relevant period following the notification; 
e) a professional association established to protect industrial property rights, to the extent 
to which the holder's rights are transferred to it by an Act or through a legal transaction. 
(2) The holder of a collective mark may claim, in the name of the persons entitled 
to use the collective mark, compensation for the damage they suffered as a result of the 
unauthorised use of the collective mark. 
Article 121 
(Action for the infringement of rights) (1) The holder of a right may file an action with a competent court against a person 
who infringes on their rights referred to in Articles 18, 37, 47 or 58 of this Act without their 
consent, requesting that: 
a) the infringement and any future infringements be prohibited; 
b) the infringing goods be recalled from the channels of commerce, taking account of the 
interests of bona fide third parties; 
c) the situation caused by the infringement be rectified; 
č) the infringing items be irrevocably removed from the channels of commerce; 
d) the infringing goods be destroyed; 
e) the means of the infringement that are owned by the infringer and are intended or used 
exclusively or principally for the infringement be destroyed; 
f) the infringing items be surrendered to the plaintiff against the reimbursement of the costs 
of their production; 
g) the judgment be published. 
(2) In considering the claims referred to in points b) to f) of the preceding 
paragraph, the court shall take into account all the circumstances of the case, in particular 
proportionality between the seriousness of the infringement and the claim, and the interest of 
the holder of the right to ensure an effective protection of rights. 
(3) In proceedings against a person whose services have been used to infringe a 
right, and where the existence of such an infringement has already been finally established in 
proceedings against a third party, it shall be deemed that the infringement exists. 
(4) Notwithstanding paragraph one of Article 110a of this Act, where a 
counterclaim for the revocation or invalidation of a trade mark is filed in a dispute for trade 
mark infringement, the court shall have jurisdiction to settle the dispute by counterclaim. 
(5) In proceedings before a court, the provisions of Article 110c of this Act shall 
apply mutatis mutandis  to the filing of an application and the reasons for the revocation of a 
trade mark, and the provisions of Article 110d of this Act shall apply mutatis mutandis  to the 
filing of an application and the reasons for invalidation of a trade mark. 
Article 121a 
(Compensation for damage) 
(1) General rules governing the causing of damage shall apply to infringements 
under this Act, unless otherwise provided by this Act. 
(2) The infringing party shall pay to the holder of the right damages in an amount 
to be specified under general rules on compensation for damage or in an amount equal to an 
agreed or customary licence fee. 
Article 121b 
(Intervener) 
(1) It shall be deemed that a licensee has legitimate interest in entering the 
proceedings initiated by the holder of the right in order to claim compensation for the damage 
they suffered. 
(2) The preceding paragraph shall apply mutatis mutandis  to persons entitled to 
use a collective mark. Article 122 
(Additional provisions on the infringement of patent rights) 
(1) If infringement concerns a patent protecting a process for the production of a 
new substance, it shall be deemed that any substance is of identical composition or identical 
and made according to the protected process until proven to the contrary. The burden of 
proof shall be on the defendant or alleged infringing party, taking into account their legitimate 
interests in protecting their business secrets. 
(2) If an action under Article 121 of this Act refers to an infringement of a patent or 
a published European patent application whose protection in the Republic of Slovenia is 
sought, the court shall suspend the proceedings until the Office issues a declaratory decision 
under points a) or b) of paragraph one of Article 93 of this Act or until the European patent is 
entered in the Office's patent register. 
(3) If infringement concerns a patent for which a declaratory decision under points 
a) or b) of paragraph one of Article 93 of this Act has not yet been issued, the court shall 
impose on the infringing party the payment of compensation for the use of the invention 
during the interval between the granting of the patent and the issue of the declaratory 
decision, reduced with regard to the circumstances. 
(4) The preceding paragraph shall apply mutatis mutandis  to a published patent 
application filed abroad under paragraph two of Article 3 of this Act for the use of the 
invention during the interval between the publication of the application and the granting of the 
patent or, if the European patent has been entered in the Office's register, the date on which 
the EPO published the mention of the grant in the European Patent Bulletin. 
Article a122a 
(Non-use as defence in trade mark infringement proceedings) 
(1) The holder of a trade mark shall have the right to prohibit the use of the sign to 
the extent to which the reasons referred to in paragraph two of Article 110c of this Act for 
trade mark revocation due to non-use do not apply at the time of the filing of the action for 
trade mark infringement. 
(2) The defendant may request that the holder of the trade mark who filed the 
action for trade mark infringement against them provide evidence that, during the five 
consecutive years immediately preceding the filing date of the action, they had genuinely 
used the trade mark that motivated the action, in accordance with Article 52b of this Act, on 
the goods or services for which it is registered, or that there are justified reasons for non-use, 
provided that the trade mark was entered in the register at least five years before the filing 
date of the action for infringement. 
Article b122a 
(Defence of the holder of a later trade mark in trade mark infringement proceedings) 
(1) In trade mark infringement proceedings, the holder of the trade mark shall have 
no right to prohibit the use of a later trade mark if the later trade mark would not be found 
invalid taking into account paragraph three of Article 52c, Article 52d or paragraph two of 
Article 52e of this Act or, if it is an EU trade mark, European Union legislation concerning the 
registration of EU trade marks. (2) If, in accordance with the preceding paragraph, a holder of a trade mark has no 
right to prohibit the use of a later trade mark, the holder of the later trade mark shall have no 
right to prohibit in infringement proceedings the use of the earlier trade mark, even though 
the earlier trade mark may no longer be invoked against the later trade mark. 
Article 122a 
(Provision of evidence) 
(1) If the court decides to take proposed evidence and the evidence concerned is 
in the possession of the opposite party, the opposite party shall provide any evidence at their 
disposal at the request of the court. 
(2) The preceding paragraph shall also apply to banking, financial and business 
documents under the control of the opposite party if the infringement was committed on a 
commercial scale. An act shall be deemed to be carried out on a commercial scale if it is 
carried out for direct or indirect economic benefit. 
(3) The provisions of the Act governing contentious procedure shall apply to the 
proceedings for the provision of evidence, unless otherwise provided by this Act. 
(4) After taking the evidence referred to in paragraph one of this Article, the court 
shall ensure that the confidential information of the parties to the proceedings is protected 
and that judicial proceedings are not used in bad faith with the sole purpose of obtaining 
confidential information of the opposite party. 
Article 123 
(Interim injunctions) 
(1) The court shall issue an interim injunction to secure non-monetary claims 
under this Act if the applicant shows that there are grounds for believing that: 
a) they are the holder of the right referred to in Articles 18, 37, 47 or 58 of this Act and 
b) their right has been infringed or there is an actual risk that it will be infringed. 
(2) The applicant shall also show that there are grounds for believing that one of 
the following applies: 
a) there is a risk that the enforcement of claims will be made impossible or very difficult; 
b) the injunction is necessary to prevent damage difficult to repair; or 
c) in the event that the interim injunction is issued but subsequently proves unfounded in 
the course of the proceedings, the harm to the alleged infringing party would not be 
greater than the harm to the holder of the right if such an injunction were not to be 
issued. 
(3) An applicant who requests the issuing of an interim injunction without the prior 
notification and hearing of the opposite party shall show, in addition to the requirements of 
paragraphs one and two of this Article, that there are grounds for believing that any delay in 
issuing the interim injunction would cause the holder of the right damage difficult to repair. In 
this case, the opposite party shall be notified not later than immediately after the execution of 
the injunction. 
(4) The holder of the right shall not be obliged to prove that there is a risk that the 
enforcement of claims will be made impossible or very difficult if they show that there are 
grounds for believing that the proposed injunction would cause the infringing party only negligible damage. Such a risk shall be deemed to exist when the claims are to be enforced 
abroad, unless a claim is to be enforced in another Member State of the European Union. 
(5) To secure non-monetary claims under paragraph one of this Article, the court 
may issue any interim injunction with which the purpose of security can be achieved, in 
particular: 
a) to prohibit the alleged infringer from continuing the alleged infringement or from any 
future infringements; 
b) to seize, remove from circulation and take into custody the infringing goods and the 
means of the infringement that are intended or used exclusively or principally for the 
infringement. 
(6) The court shall decide on an objection to the decision on the interim injunction 
within 30 days of the date of filing the response to the objection or of the expiry of the time 
limit for filing the response to the objection. 
(7) The provisions of the Act governing claim enforcement and security shall apply 
to proceedings for the issuing of an interim injunction, unless otherwise provided by this Act. 
The proceedings shall be urgent. 
Article 123a 
(Issuing of interim injunctions in patent infringements) 
If the application for the issuing of an interim injunction under the preceding Article 
is related to a patent infringement, the court shall issue the interim injunction if the following 
two conditions are also fulfilled: 
a) the holder of the right submits a declaratory decision under points a) or b) of paragraph 
one of Article 93 of this Act and 
b) the holder of the right applies for the issuing of an interim injunction within three months 
after they learn of the alleged infringement. 
Article 124 
(Preservation of evidence) 
(1) The court shall issue a decision to preserve evidence if the applicant provides 
reasonably available evidence that: 
a) they are the holder of the right referred to in Articles 18, 37, 47 or 58 of this Act; 
b) their right has been infringed or there is a real risk that it will be infringed; and 
c) that evidence of the infringement will be destroyed or that it will be impossible to take 
such evidence at a later time. 
(2) An applicant who requests the issuing of a decision to preserve evidence 
without prior notification or hearing of the opposite party shall show, in addition to the 
requirements of paragraph one, that there are grounds for believing that there is a risk of 
evidence of the infringement being destroyed as the result of the conduct of the opposite 
party or that it will be impossible to take such evidence at a later time. In this case, the 
opposite party shall be notified not later than immediately after the execution of the decision. 
(3) The court may issue an order referred to in paragraph one of this Article to take 
any evidence in particular: 
a) to inspect premises, business documents, inventories, databases, computer memory 
units or other items; 
b) to seize samples of the infringing goods; c) to examine and seize documents; 
d) to appoint and examine experts; and 
e) to examine witnesses. 
(4) The preservation of evidence may also be requested after the decision by 
which the proceedings are completed has become final if this is necessary before or during 
proceedings with extraordinary legal remedies. 
(5) The provisions of the Act governing claim enforcement and security relating to 
interim injunctions shall apply mutatis mutandis  to the proceedings for the preservation of 
evidence under this Article, unless otherwise provided by this Act. The proceedings shall be 
urgent. 
(6) If it is subsequently found that the application was unfounded or that the 
applicant did not justify it, the opposite party shall have the right to request: 
a) the return of the seized objects; 
b) the prohibition of the use of information obtained; and 
c) compensation for damage. 
(7) In the proceedings for the preservation of evidence under this Article, the court 
shall ensure that confidential information from the parties is protected and that judicial 
proceedings are not used in bad faith with the sole purpose of obtaining confidential 
information from the opposite party. 
Article 124a 
(Preservation of evidence in patent infringements) 
If the application for the issue of a decision referred to in the preceding Article is 
related to a patent infringement, the court shall issue the decision if the following two 
conditions are also fulfilled: 
a) the holder of the right submits a declaratory decision under points a) or b) of paragraph 
one of Article 93 of this Act and 
b) the holder of the right applies for the issuing of a decision on the preservation of 
evidence within three months after they learn of the alleged infringement. 
Article 124b 
(Obligation to provide information) 
(1) In proceedings concerning an infringement of rights, the court may, upon a 
justified request by a party, order the alleged infringing party to provide information on the 
origin and distribution channels of the goods or services that infringe on a right referred to 
this Act. 
(2) The court may order that information referred to in the preceding paragraph be 
also provided by any person who: 
a) possesses the infringing goods on a commercial scale; 
b) uses the infringing services on a commercial scale; or 
c) provides on a commercial scale services used in infringing activities. 
(3) The court may order that information referred to in paragraph one of this Article 
be also provided by a person who was indicated by the person referred to in the preceding 
paragraph as being involved in the production, manufacture or distribution of the goods or 
the provision of the services. (4) The information referred to in paragraph one may comprise: 
a) the names and addresses or registered names and registered offices of the producers, 
manufacturers, distributors, suppliers and other previous holders of the goods or 
providers of services and any intended wholesalers and retailers and 
b) information on quantities produced, manufactured, delivered, received or ordered and on 
the price obtained for the goods or services in question. 
Article 124c 
(Protection of other industrial property rights) 
The provisions of this Section shall apply mutatis mutandis  to business names and 
plant variety rights. 
Chapter Ten 
COMPULSORY LICENCES 
Article 125 
(Compulsory licences) 
(1) The court may decide that a third party or the Government of the Republic of 
Slovenia be permitted to exploit an invention without the consent of the patent holder: 
a) if this is required by the public interest, in particular with regard to national security, food, 
health or the development of other vital sectors of the national economy; or 
b) if the court establishes that the holder of the patent or their licensee is abusing the patent 
rights, particularly by exploiting the invention in a way that limits competition contrary to 
applicable legislation. 
(2) The court shall grant compulsory licences under the preceding paragraph 
taking into account the actual circumstances and after hearing the holder of the patent. 
(3) A compulsory licence under paragraph one of this Article shall be granted if the 
applicant for a compulsory licence proves that they have made efforts to conclude a licence 
agreement with the holder of the patent under reasonable business terms and the efforts 
failed to succeed within a reasonable period of time. 
(4) The preceding paragraph shall not apply if a state of war or similar state of 
emergency is declared, provided that in such a case the court notifies the holder of the 
patent of its decision as soon as possible. 
Article 126 
(Conditions for the granting of a compulsory licence) 
(1) A compulsory licence under the preceding Article shall be granted under the 
following conditions: 
a) the scope and duration will be limited with regard to the purpose of the licence; 
b) it will not be exclusive; 
c) it will be non-transferable, with the exception of the transfer of the part of the business 
activity of the compulsory licensee to which the subject of the compulsory licence refers; 
d) it is intended primarily for the supply of the market of the Republic of Slovenia. 
(2) If a patent (hereinafter: the second patent) cannot be exploited without 
infringing another patent (hereinafter: the first patent), the following conditions, in addition to those referred to in Article 125 of this Act and the preceding paragraph, shall also be met for 
the granting of a compulsory licence in respect of such a patent: 
a) the invention claimed in the second patent involves a technical advance of considerable 
economic significance compared to the invention claimed in the first patent; 
b) the holder of the first patent will, under reasonable conditions, be entitled to a cross-
licence to use the invention claimed in the second patent; 
c) the permitted use in respect of the first patent will not be transferable without the 
simultaneous transfer of the second patent. 
(3) The court shall decide that a compulsory licence expires if the circumstances 
owing to which it was granted cease to exist and are unlikely to recur. 
Article 127 
(Compensation for compulsory licences) 
(1) The holder of a patent for which a compulsory licence has been granted shall 
be entitled to mandatory compensation. 
(2) The amount of compensation shall be determined with regard to the 
circumstances of each case, while taking into account the economic value of the compulsory 
licence. 
Chapter Eleven 
REPRESENTATION 
Article 128 
(Representation before the Office) 
(1) Only representatives who are registered in the relevant register of 
representatives kept by the Office may be authorised to represent a party before the Office. 
The authorising person shall appoint their representative by a power of attorney. 
(2) The authorising person may authorise one or several representatives for all or 
only certain acts in proceedings before the Office. If the authorising person authorises 
several representatives and does not indicate to whom the Office should serve documents, 
the Office shall serve all documents on the representative who is named last. 
(3) The authorising person may in one power of attorney (hereinafter: general 
power of attorney) authorise a representative to represent them with regard to all applications 
and rights filed with the Office. If a general power of attorney has been deposited with the 
Office, the reference number and a copy thereof shall be provided when filing any application 
with the Office. 
(4) The power of attorney shall be submitted when filing an application or within 
three months of the service of the Office's request. If the power of attorney is not submitted in 
due time, the representative shall be deemed not to have been appointed and their acts not 
to have been carried out. The Office shall dismiss, by way of a decision, any application filed 
by the alleged representative. The decision on dismissal shall be served on the alleged 
representative. 
Article 129 
(Representation of foreign persons) (1) Foreign natural and legal persons having neither residence nor any real and 
effective industrial or commercial undertaking in the Republic of Slovenia (hereinafter: foreign 
persons) shall exercise their rights under this Act in proceedings before the Office through a 
representative, unless otherwise provided by an international treaty that is binding on the 
Republic of Slovenia. 
(2) Notwithstanding the preceding paragraph and subject to paragraph three of 
this Article, a foreign person may file applications, perform acts relating to the according of 
the filing date of application, pay fees in proceedings before the Office, file a copy of first 
application when claiming the right of priority under Article 61 of this Act and receive 
documents from the Office relating to these proceedings without a representative. 
(3) If, in cases referred to in the preceding paragraph, a foreign person does not 
have a representative in the proceedings before the Office, they shall provide the Office with 
a correspondence address, which must be in the territory of the Republic of Slovenia. It shall 
be deemed that, in cases referred to in the preceding paragraph, the Office has properly 
notified a foreign person if it has sent the document to the correspondence address. 
(4) Notwithstanding paragraph one of this Article, any person may pay the fees for 
the maintenance of a right. 
(5) If a foreign person, contrary to this Article, fails to appoint a representative in 
the proceedings before the Office or fails to provide a correspondence address that is in the 
territory of the Republic of Slovenia, the Office shall exceptionally invite them directly by post 
to appoint, within three months of the service of the invitation, a representative and submit a 
power of attorney or, in accordance with paragraph three of this Article, provide a 
correspondence address. If a foreign person fails to appoint a representative and to submit a 
power of attorney or fails to provide a correspondence address in accordance with paragraph 
three of this Article in due time, the Office shall dismiss any application by way of a decision, 
unless otherwise provided by this Act. The decision shall be served by way of a publication 
on the Office's notice board. 
Article 130 
(Withdrawal and termination of a power of attorney) 
(1) The authorising person may, at any time, withdraw the power of attorney, and 
the representative may, at any time, terminate it. 
(2) The withdrawal or termination shall be notified to the Office and shall be 
effective from the date of receipt of the notification by the Office. The representative shall be 
obliged to continue performing acts for the authorising person for three months following the 
termination of the power of attorney, unless the authorising person has another 
representative. 
(3) If a foreign person no longer has a representative owing to the withdrawal or 
termination of a power of attorney, paragraph five of Article 129 of this Act shall apply mutatis 
mutandis . 
Article 131 
(Representatives) 
(1) Parties may be represented in proceedings before the Office by patent 
representatives and by industrial design and trade mark representatives. Patent representatives shall represent parties to proceedings relating to the acquisition and 
maintenance of any right under this Act and other requests concerning such rights. Industrial 
design and trade mark representatives may only represent parties to proceedings relating to 
the acquisition and maintenance of industrial designs, trade marks and geographical 
indications and other requests concerning such rights. 
(2) A patent representative may be: 
a) a person who holds at least a degree in technical or natural science obtained under a 
second cycle study programme or a degree corresponding to the level of education 
obtained under a second cycle study programme and who has passed the professional 
examination for patent representative before the Office; 
b) any attorney or law firm employing or contracting a person who meets the conditions 
referred to in the preceding point; 
c) any legal person employing at least one person who meets the conditions referred to in 
point a) of this paragraph. 
(3) An industrial design and trade mark representative may be: 
a) a person who holds at least a level of education obtained under a second cycle study 
programme or a level of education which corresponds to the level of education obtained 
under a second cycle study programme and who has passed the professional 
examination for design and trade mark representative before the Office; 
b) attorneys or law firms; 
c) any legal person employing at least one person who meets the conditions referred to in 
point a) of this paragraph. 
(4) Patent representatives, industrial design and trade mark representatives and 
authorised employees of a representative may also represent parties in proceedings relating 
to the rights under this Act before courts and other state authorities if they meet the 
conditions laid down by regulations governing representation before courts and other state 
authorities. In such cases, the representative shall be entitled to a payment for their work and 
reimbursement of costs related to the work performed, in accordance with the representative 
tariff. The representative tariff shall be adopted by a representative association in agreement 
with the minister responsible for justice. 
Article 132 
(Registration of representatives) 
(1) The Office shall keep the register of patent representatives and the register of 
industrial design and trade mark representatives. 
(2) A fee laid down by the Act governing administrative fees shall be paid for 
registration in the relevant register of representatives. Following the payment of the fee, the 
Office shall issue a decision on the entry in the register. 
(3) A representative may request to be removed from the register of 
representatives and entered in the register of industrial design and trade mark 
representatives. An industrial design and trade mark representative may only request to be 
removed from the register of industrial design and trade mark representatives and entered in 
the register of patent representatives if they meet the conditions referred to in paragraph two 
of Article 131 of this Act. 
(4) A representative shall be removed from the register if: 
a) they file a request for removal; 
b) they are barred from acting as representatives by a final judgement. (5) The register of patent representatives and the register of industrial design and 
trade mark representative shall include, in particular, the following: the registration number of 
the representative; information on the representative (full name and address or business 
name and registered office); the date of entry in the register; and information on the persons 
who fulfil the conditions referred to in point a) of paragraph two or point a) of paragraph three 
of Article 131 of this Act and are employed by the representative on a regular or contractual 
basis (full name, address and education). 
(6) The minister responsible for industrial property shall, by way of an 
implementing regulation, determine in greater detail the content of a request for the 
registration of a representative, the registration procedure, the type of data entered in the 
register and the procedure for entering changes in the register of representatives. 
Article 133 
(Examination) 
(1) An examination referred to in paragraphs two or three of Article 131 of this Act 
shall be taken before the Office. A fee laid down by the Act governing administrative fees 
shall be paid before the examination. 
(2) The Office shall keep a list of persons who have passed the examination. 
(3) The minister responsible for industrial property shall, by way of an 
implementing regulation, determine in greater detail the manner of conducting examinations 
referred to in paragraphs two and three of Article 131 of this Act. 
Chapter Twelve 
PENALTY PROVISIONS 
Article 134 
(Minor offences) 
(1) Legal persons shall be fined from EUR 4,000 to EUR 40,000 for the offences 
of: 
1. submitting to the Office forged or false evidence under Article 92 of this Act or requesting 
a suspension of proceedings under paragraph three of Article 92 of this Act by a forged 
or false notification; 
2. representing a third party in the proceedings before the Office without being registered in 
the register referred to in Article 132 of this Act. 
(2) Sole traders or individuals who perform independent activities shall be fined 
from EUR 400 to EUR 4,000 for the offences referred to in the preceding paragraph. 
(3) The responsible person of the legal person or of a sole trader or individual who 
performs an independent activity shall be fined from EUR 400 to EUR 2,000 for the offences 
referred to in paragraph one of this Article. 
(4) An individual shall be fined from EUR 400 to EUR 1,000 for the offences 
referred to in paragraph one of this Article. 
 The Industrial Property Act – ZIL-1 (Official Gazette of the Republic of Slovenia [ Uradni 
list RS], No 45/01) contains the following transitional and final provisions: 
"Chapter Thirteen 
TRNSITIONAL AND FINAL PROVISIONS 
Article 135 
(Use of substances as medication) 
(1) The use of a substance as medication for humans and animals shall not 
constitute an infringement of a patent for the invention of this substance if the patent 
application for this invention was filed on or before 31 December 1992, or if a right of priority 
was claimed for such application on or before 31 December 1992. 
(2) The use of a substance as medication within the meaning of the preceding 
paragraph shall be its production and processing into the medicine under a process that is 
not the subject of the patent protection concerned, and the placing of this substance or 
medication on the market. 
(3) As of the date of the accession of the Republic of Slovenia to the European 
Union, paragraph two of Article 21 of this Act shall only apply to a substance or medicine 
referred to in paragraph one of this Article if the consent of the holder of the patent under 
which the substance or medicine is protected has been obtained. 
Article 136 
(Treatment of applications and validity of rights) 
(1) The proceedings concerning the recognition or granting of industrial property 
rights with respect to applications filed before the date of entry into force of this Act shall 
continue in accordance with the provisions of this Act, unless otherwise provided by this Act. 
(2) The industrial property rights that are valid on the date of entry into force of this 
Act shall continue to be valid in accordance with the provisions of this Act, unless otherwise 
provided by this Act. 
Article 137 
(Patent applications and patents) 
(1) The provisions of Articles 10, 77, 78 and 112 of the Industrial Property Act 
(Official Gazette of the Republic of Slovenia [ Uradni list RS ] Nos 13/92, 27/93, 34/97 – 
Constitutional Court Decision, 75/97) shall continue to apply to patent applications filed 
before this Act entered into force or patents granted before this Act entered into force. 
(2) The provisions of paragraphs two and three of Article 22 of this Act shall apply 
to patents applied for after 1 January 1993. 
(3) As of the date of the accession of the Republic of Slovenia to the European 
Union, paragraph three of Article 22 of this Act shall be implemented in accordance with the 
European Union regulations. (4) Within six months of the accession of the Republic of Slovenia to the European 
Union, a supplementary protection certificate may be requested for the patents applied for 
after 1 January 1993 for which the time limit referred to in Article 7 of EU Regulation 
No 1768/92 of 18 June 1992 or Article 7 of EU Regulation No. 1610/96 of 23 June 1996 
expired. 
(5) The provisions of Articles 24 to 31 of this Act shall begin to apply on entry into 
force of the EPC in the Republic of Slovenia. 
(6) The provision of paragraph five of Article 32 of this Act shall not apply to 
applications under the PCT that have been filed before this Act entered into force. 
Article 138 
(Industrial design and utility model applications and industrial designs and utility models) 
(1) Article 58 of the Industrial Property Act shall continue to apply to the 
applications for industrial designs and utility models published before this Act entered into 
force and for which opposition against the issue of the decision on the grant of industrial 
design or utility model has been filed. 
(2) If an industrial design or utility model application was published before this Act 
entered into force, but opposition to the issue of the decision on the recognition of the 
industrial design or utility model under Article 58 of the Industrial Property Act has not been 
filed, the Office shall issue a decision on the registration of the industrial design, enter the 
industrial design in the register and publish the notice of the registration of the industrial 
design. 
 
(3) Industrial designs and utility models valid on the date of entry into force of this 
Act shall be treated as industrial designs under this Act. 
Article 139 
(Opposition on the basis of a trade mark applied with the Office for Harmonization in the 
Internal Market (Trade Marks and Designs)) 
(1) Until the accession of the Republic of Slovenia to the European Union, a trade 
mark that was applied for or registered with the Office for Harmonization in the Internal 
Market (Trade Marks and Designs) before the date of application of the later trade mark in 
the Republic of Slovenia shall also be considered an earlier trade mark under paragraph one 
of Article 44 of this Act. 
(2) The holder of the earlier trade mark referred to in the preceding paragraph may 
file an opposition under Article 101 of this Act, provided that they also file a correct 
application for the protection of their trade mark in the Republic of Slovenia within the time 
limit for the opposition. 
(3) If the holder of the earlier mark referred to in paragraph one of this Article, 
when filing an opposition under Article 101 of this Act, fails to also file a correct application 
for the protection of their trade mark in the Republic of Slovenia in due time, the opposition 
shall be deemed not to have been filed. 
Article 140 
(Designation of origin) The designations of origin valid on the date of entry into force of this Act shall be 
treated as geographical indications under this Act, unless otherwise provided by another Act. 
Article 141 
(Examinations and representatives) 
(1) Examinations passed or recognised up to the date of entry into force of this Act 
shall be considered equal to the examinations for patent representatives and examinations 
for industrial design and trade mark representatives. 
(2) The Office shall ex officio  enter in the register of patent representatives all 
representatives who have been registered in the register of representatives on the date of 
entry into force of this Act. 
Article 142 
(Implementing regulations) 
(1) The implementing regulations under this Act and the order on the tariff referred 
to in paragraph three of Article 7 of this Act shall be issued within six months of entry into 
force of this Act, with the exception of the regulation referred to in paragraph two of Article 80 
of this Act, which shall be issued when the Office sets up the necessary technical facilities. 
(2) Until the issue of new regulations, the following regulations issued pursuant to 
the Industrial Property Act shall apply mutatis mutandis : 
a) Rules on the procedure for the granting of patents (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ] No 49/93); 
b) Rules on the procedure for the recognition of industrial designs and utility models 
(Official Gazette of the Republic of Slovenia [ Uradni list RS ] Nos 49/93, 37/95 – 
Constitutional Court Decision); 
c) Rules on the procedure for the recognition of trade marks (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ] No 49/93); 
d) Rules on the procedure for international trade mark registration (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ] No 15/93); 
e) Rules on the manner of conducting examinations and entry in the register of 
representatives (Official Gazette of the Republic of Slovenia [ Uradni list RS ] No 20/92); 
f) Decree on the fees of the Slovenian Intellectual Property Office for the acquisition and 
protection of industrial property rights (Official Gazette of the Republic of Slovenia 
[Uradni list RS ] No 14/95); 
g) Decree on the fees of the Slovenian Intellectual Property Office for information and other 
services (Official Gazette of the Republic of Slovenia [ Uradni list RS ] No 57/96). 
Article 143 
(End of validity) 
(1) On the day this Act enters into force, the following shall cease to be in force: 
a) Industrial Property Act; 
b) Rules on the transfer of industrial property rights applied for with the Federal Patent 
Office to the Slovenian Intellectual Property Office (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ] No 49/93). (2) Notwithstanding point a) of the preceding paragraph and subject to paragraph 
one of Article 137 and paragraph one of Article 138 of this Act, the provisions of Articles 10, 
58, 77, 78 and 112 of the Industrial Property Act shall continue to apply. 
Article 144 
(Entry into force) 
This Act shall enter into force six months after its publication in the Official Gazette 
of the Republic of Slovenia." 
 
The Act Amending the Industrial Property Act – ZIL-1A (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 96/02) contains the following final provision: 
"Article 2 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.". 
 
The Act Amending the Industrial Property Act – ZIL-1B (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 37/04) contains the following final provision: 
"Article 2 
This Act shall enter into force on the date of accession of the Republic of Slovenia 
to the European Union.". 
 
The Act Amending the Industrial Property Act – ZIL-1C (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 20/06) contains the following transitional and 
final provisions: 
"TRANSITIONAL AND FINAL PROVISIONS 
Article 23 
(Proceedings in progress) 
Proceedings conducted pursuant to Chapter Nine of the Act that are in progress 
upon entry into force of this Act shall be concluded according to the provisions of the Act 
applicable to date. Article 24 
(Entry into force) 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.". 
 
The Act Amending the Industrial Property Act – ZIL-1D (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No 100/13) contains the following final provision: 
"Article 2 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.". 
 
The Act Amending the Industrial Property Act – ZIL-1E (Official Gazette of the Republic 
of Slovenia [ Uradni list RS ], No 23/20) contains the following transitional and final 
provisions: 
"TRANSITIONAL AND FINAL PROVISIONS 
Article 39 
(Proceedings in progress) 
Cases in relation to which a legal remedy has been filed or judicial proceedings 
initiated prior to entry into force of this Act shall be concluded according to the regulations 
applicable to date. 
Article 40 
(Harmonisation of implementing regulations) 
(1) The Rules on the content of trade mark application (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ] No 102/01), the Rules on electronic applications in 
procedures for the registration of trade marks and designs (Official Gazette of the Republic of 
Slovenia [ Uradni list RS ] No 3/15) and the Rules on the register of applications and industrial 
property rights and priority right certificate (Official Gazette of the Republic of Slovenia 
[Uradni list RS ] No 102/01) shall be harmonised with this Act within three months of entry into 
force of this Act. 
(2) The Rules referred to in the preceding paragraph shall apply until they are 
harmonised with this Act unless they are in conflict with the provisions of this Act. 
Article 41 
(Entry into force) This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.". 
 
The Act Amending the Industrial Property Act – ZIL-1F (Official Gazette of the Republic 
of Slovenia [ Uradni list RS ], No 76/23) contains the following transitional and final 
provisions: 
"TRANSITIONAL AND FINAL PROVISIONS 
Article 38 
(Right of prior use) 
The rights conferred on the holder of a patent pursuant to paragraph two of the 
amended Article 18 of the Act shall have no legal effect against a person who has used an 
invention in the Republic of Slovenia in good faith before the entry into force of this Act and 
who continues such use, if the patent was granted on the basis of a patent application filed 
before the entry into force of this Act. That person shall retain the right to use the invention to 
that extent, but shall not have the right to grant a licence or otherwise dispose of the 
invention. 
Article 39 
(Completion of procedures) 
(1) Procedures for the invalidation, removal and revocation of a trade mark 
initiated before the entry into force of this Act shall be concluded in accordance with the 
existing regulations. 
(2) Procedures for the issuing of a declaratory decision for the patent initiated 
before the entry into force of this Act shall be concluded in accordance with the existing 
regulations. 
Article 40 
(Representative tariffs) 
(1) The association of representatives shall submit to the minister responsible for 
justice for approval the representative tariff referred to in the amended paragraph four of 
Article 131 of this Act within one year of the entry into force of this Act. 
(2) Tariffs adopted by individual representatives shall cease to apply on the date of 
entry into force of the representative tariff referred to in the preceding paragraph. 
Article 41 
(Transitional period for continuation of the procedure after a delay) 
The provisions of the amended paragraph two of Article 67 shall start to apply two 
months after the entry into force of this Act. Until then paragraph two of Article 67 of the Industrial Property Act (Official Gazette of the Republic of Slovenia [ Uradni list RS ], 
Nos 51/06 – official consolidated version, 100/13 and 23/20) shall apply. 
Article 42 
(Entry into force) 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".