Disclaimer: The unofficial consolidated version of this regulation merely serves as a working 
tool for information purposes, in respect of which the relevant body accepts no liability for 
damages or any other liability.  
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 Gazet te 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 o f 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).  
INDUSTRIAL PROPERTY ACT (ZIL -1) 
 
(Unofficial consolidated version No.  8) 
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, 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 Europea n 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), 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  
(Equal ity 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 pro perty 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 Repu blic 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 propert y 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 s ame 
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 provide information services with  regard to industrial property rights;  
e)     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 Governmen t of the Republic of Slovenia;  
f)      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 an d 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 ap pointed 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 and in proceedings concerning the keeping of registers of rights an d other 
registers, 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 minister responsible for industrial property shall issue an order on tariff, 
fixing the types and amounts of payments referred to in the preceding paragraph.  
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 off icial 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 a pplicant 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 materia l 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 publi sh 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 d ate, 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.  
Article 9  
(Fees)  
(1) Fees shall be paid in relation to th e acquisition and maintenance of rights 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 fee s 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, and other rules, 
schemes, methods and processes for performing mental acts as such shall not be considered 
inventions under Article  10 of this Act.  
(2) A patent may not be granted for:  
a)     any invention whose application is contrary to public order or morality;  
b)     any invention of a surgical, diagnos tic or treatment procedure applied directly on a live 
human or animal body, except inventions concerning products, in particular substances 
and mixtures, used in such 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 pat ent 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 origin ally filed with the European Patent Office 
(hereinafter: the EPO) under the European Patent Convention of 5  October  1973 
(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 ele cted office in accordance with 
Article  39 of the PCT.  
(4) Notwithstanding the provisions of paragraphs one, two and three of this Article, 
a substance or mixture that forms part of the state of the art may be protected by a patent for 
an invention related to the substance or mixture to be used in a treatment procedure referred 
to in point b) of paragraph two of Article  11 of this Act 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 app licant 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 poin t 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  
(Inventiv e 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 st ate 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 y et 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 a pplicability)  
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 following exclusive rights on its holder:  
a)     if the subject of a patent is a product: to prevent third parties not having the holder’s consent 
from making, using, offering for sale or selling the product concerned or importing it for 
these purposes;  
b)     if the subject of a patent is a process: to prevent  third parties not having the holder’s 
consent from using the process and from offering for sale, selling or importing for these 
purposes a product obtained directly by this process.  
(2) The scope of patent protection shall be determined by the content of patent 
claims. The description and any drawings shall also be used to interpret 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 p urposes;  
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 prescri ption, nor acts concerning the medicine so prepared;  
d)     the use of the subject of patented invention on the ships of other countries, in the ship's 
hull, machinery, block and tackle, deck gear and other apparel, when such ships 
temporarily or accidenta lly enter the waters of the Republic of Slovenia, provided that the 
invention is used there exclusively for the needs of the ship;  
e)     the use of the patented invention in the construction or operation of aircraft or land vehicles 
of other countries, or  in the accessories of such aircraft or vehicles, when these aircraft or 
vehicles 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 – Internati onal 
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.  
Article 20  
(Right of prior use)  
(1) The rights of the patent holder under Artic le 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 prod uct 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 t he 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 accorda nce 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 dat e 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) Immedia tely 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 pa tent 
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 provision s 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 (hereinafte r: 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 appl ications 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 publi shed 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 decision 
on the grant ing of the patent.  
(2) The holder of a European patent must provide the Office wi th a Slovenian 
translation of the European patent claims and pay the prescribed fee for publication within 
three months of the publishing of the decision on the granting of the European patent.  
(3) If, as a result of an opposition filed with the EPO, a Eur opean patent is 
maintained with amended claims, the preceding paragraph shall apply mutatis mutandis . 
(4) If claims contain reference codes used in drawings, such drawings shall be 
attached to the translation referred to in paragraphs two and three of this  Article and any text 
in the drawings shall also be translated.  
(5) The Office shall publish any translation filed in accordance with paragraphs two, 
three or four of this Article.  (6) If the holder of a European patent complies with paragraph two of this Article, 
the Office shall issue a decision on the entry of the European patent in the Office’s patent 
register.  
(7) If the translation referred to in paragraphs two, three or four of this Article is not 
filed in due time or the prescribed fee is not paid i n due time, the European patent seeking 
protection in the Republic of Slovenia shall be considered invalid.  
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 holder of a European patent may f ile 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 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 Re public of Slovenia 
for years following the year in which the decision on the grant ing of the European patent was 
published 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 p atent 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 publication of the decision on the granting 
of the Eur opean patent.  
(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 five of Article  77 of the EPC or because the 
translation of the application u nder 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 t he prescribed time limit.  Article 31  
(Simultaneous protection)  
If a European patent and a national patent granted to the same person have the 
same filing date or date of claimed priority, and the national patent applies to the same 
invention as the Europea n patent, the national patent shall have no legal effect from the date 
when the time limit for filing an opposition to the European patent expires without an opposition 
having been filed or from the date when final decision on the validity of the European patent is 
issued in opposition proceedings.  
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 na tionals 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 S lovenian 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 b ehalf 
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 fil ed 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 itse lf 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 t o 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 featu res 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 b e 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 t he 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 t he 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 paragraph 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 for the Protection of 
Industrial Property of 20  March  1883, last revised on 14  July 1967 (Official Gazette of the 
Socialist Federal Republic of Yugoslavia – International Treaties [ Uradni list SFR J – MP], 
Nos 5/74 and 7/86; Official Gazette of the Republic of Slovenia – International Treaties 
[Uradni list RS – MP], No.  9/92; hereinafter: the Paris Convention) because an 
authorisation of the competent authorities has not been issued;  
d)     it inclu des 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.  
Articl e 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 info rmed 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 importation 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 Republ ic 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 conditio ns 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 und er 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 accordanc e 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, th e 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 d uration 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 trade mark;  
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 ti me of production of the goods or provision of the service 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 pra ctices;  
e)     it consists solely of the shape or other characteristic that results from the nature of the 
goods themselves, is necessary to obtain a technical effect, or gives substantial value to 
the goods;  
f)      it is contrary to public order or moral ity; 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 guara nteed;  
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 o r 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 applie d 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 and the use of the later trade mark without due 
cause would take unfair advantage o f 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 app lication 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 thei r 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 concern ing 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, pe rsonal 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 trade mark 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 trade mark or, if priority is 
claimed, the date of priority;  
b)     a European Union trade mark (hereinafter: EU trade mark) that was regist ered before the 
filing date of the application for the later trade mark or, if priority is claimed, the date of 
priority;  
c)     a trade mark 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 trade mark 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 groun ds 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 t hose 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 pre vent 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 befor e 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 circul ation, 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 
registe red 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 wit h 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 o n 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 whi ch 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 ma y 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 dist inctive 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 th e 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 shal l 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 col lective 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 regis tered, 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 wo rk 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 accor dance 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 ha s 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 consec utive years, the trade mark shall be subject to the limitations and sanctions 
referred to in Articles 52c, 102a, 120 and 122a 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 t heir 
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 u se, 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 appl ied 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 distinct ive 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) o f 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 i f 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 registrat ion 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 th e 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 internat ional 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 u p 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, de termine 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 mar k 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 recognitio n 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 applicati on 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 Slove nia 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 fi rst 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 origi nates 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 geogr aphical 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 geogr aphical 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 befo re 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 Union established under the Paris Convention 
(hereinafter: the Paris Union) or of the World Trade Organisation (hereinafter: th e 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 app lication, 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 th e 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 the member country of the Paris Union or the WTO in which the firs t 
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 a nd 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 applicati on 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 b asis 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 a n 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 t hereof 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 Republi c 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 wa s held, the opening and closing dates, and the first day of 
display or use and submit a written certificate of a competent authority in the member country of the Paris Union or the WTO that the exhibition was an official or officially recognised 
internatio nal 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 s hall 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 
reque st 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 comple ted. 
(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 applica tion 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 t o 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 industria l 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 num ber of goods or services increased.  Article 66  
(Extension of time limits)  
(1) Before a time limit under this Act expires, the applicant or holder 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 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, pa ragraph 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, p aragraph one of Article  117, paragraph two of Article  130, and 
paragraph two of Article  137 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 obl igations 
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 concer ning 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 lea rned that the time limit was missed, from the date when 
the they learned about it but not later than six 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 requeste d 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 m ay 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 pur suant 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 w hich 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 reas ons 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 th e 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 publicat ion of the notice of restitution of this right.  
(7) If an applicant for or 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 mark et 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 bee n 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 gra nt 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 posit ion 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 grant ing 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 Sloveni a 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 s end 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 s hall 
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.  
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 accur acy 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 ho lder 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 pat ents, 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 i ndication 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, industria l 
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 lic ence 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 follow ing 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 pow er 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 regis tering 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 electro nic 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 request ed 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 ful l in due time, the application 
shall be deemed to be withdrawn.  
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 applic ant 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 t hat 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 O ffice 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 refe rred 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 prompt ly 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 t ime 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 desc ription 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 
applicatio n 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 Arti cle 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 fili ng 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 
pursu ant 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 a ll 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 se rvices 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 Classif ication 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 correcte d 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 a nd 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 Offi ce 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 d ue 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 Of fice 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 
proceedin gs 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 sign ed 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 orig inal. 
(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 8 6 
(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 subjec t 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. Th e 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 appl ied 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 woul d 
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 Ar ticle 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 granti ng 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 compl y 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 app lication 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 referr ed 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 mont hs 
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 par agraph 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 paten t 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 n ot 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 an d 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 fo r the same invention by the EPO shall be considered as evidence referred to in 
Article  91 of this Act.  
(2) If no application for a European patent has been filed for the same invention, the 
Slovenian translation of a patent for the same invention granted, following a complete 
examination, by any other authority having the status of an International Preliminary Examining 
Authority under Article  32 of the PCT or by any other patent office with which a relevant 
agreement has been concluded may be provided as e vidence under Article  91 of this Act.  
(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 lim it 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 evidence is provided pursuant to paragraph two of this Article, t he holder 
of the patent or exclusive right to the patent shall submit a list and copies of all other patents 
that could be considered as evidence, including the information on patent applications and 
patents that have been rejected. If the list and copies of the documents are not enclosed with 
the evidence, it shall be deemed that the evidence has not been submitted.  
(7) If the Office establishes that the evidence under this Article is forged or false, it 
shall, by way of a decision, declare the patent inva lid. 
(8) If the holder of a patent or exclusive right to a patent does not have the evidence 
referred to in paragraphs one or two of this Article, they may request, against payment of a 
special fee, that the Office obtain relevant information or opinions t o be used as the basis for 
issuing one of the decisions under Article  93 of this Act from any of the authorities or offices 
indicated in paragraph two of this Article.  
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 ful fil 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 decla ratory 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 und er 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, the ir 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 an d 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 
prescribe d 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 pa rt 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 co ntain 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 Repub lic 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 bel ong 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 prot ection 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, su bject 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 i ndustrial 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 th is 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 trad e 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 th e 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 ea ch 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 ge neral 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 gen eral 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 Arti cles 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 appli ed 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 requirem ents 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 reaso ns 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 appl ied 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 a designation of origin or a geograph ical indication referred to in 
point f) of paragraph one of Article  44 of this Act;  
d)     a holder of other 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 thr ee 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 withdr awal 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 m ark 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 Art icle 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 pri ority 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 Offi ce 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 t he 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 w ithdraw 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 f iled 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 t he 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 t he 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 fe e 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 registr ation 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 
specificat ion 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 an d 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 pro visions 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, s upplementary 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 o f 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 incl ude, 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 und er 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 appl ication 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 th e 
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 pa rticular, 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 busine ss 
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; informa tion on the renewal of the trade 
mark; information on the revocation 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 judgem ents 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 tra nsfers 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  
(Proc edure 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 b e 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 regist ered 
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 rig ht, 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 sh owing 
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 pro vide 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 par agraph 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 sha ll 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 du e 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 gra nting 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 t his 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 parag raph 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 lat e 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 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, industrial design or trade mark 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 t he 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 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 unti l 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  
(Actions for the invalidation of trade marks)  
(1) An action for the total or partial invalidation of a trade mark may be filed if one of 
the following reasons applies:  
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 reg istered 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 action 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) If the reason for an action referred to in the preceding paragraph was the 
registration of a collective mark contrary to Article  46 of this Act, the court shall reject the action 
if the holder of the collective mark appropriately amends the regulations referred to in Article  46 
of this Act before the court decision is issued.  
(4) An action under point b) of paragraph one of this Articl e may be filed by:  
a)     a holder of an earlier trade mark;  
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 ref erred to 
in point f) of paragraph one of Article  44 of this Act;  
e)     a holder of other previously acquired right referred to in point g) of paragraph one of 
Article  44 of this Act.  
Subsection 2  
Contesting of rights  
Article 115  
(Contesting of the right t o 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 gr anted 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 co urt 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 m ay 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 t hey 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 servic es 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 act ion 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 rig hts 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  
Removal and revocation of trade marks  
Article 119  
(Actions for the removal of trade marks from the register)  
(1) An action for the removal of a trade mark from the register and prohibiti on of the 
use of the sign may be filed with the competent court if one of the following reasons applies:  
a)     owing to the actions of the holder or because the latter allowed it, the trade mark has 
become the generic name in the trade for goods or servic es in respect of which it is 
registered;  
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 a s to the nature, quality or geographical origin of the goods or 
services concerned.  (2) Apart from the reasons referred to in the preceding paragraph, an action for the 
removal of a collective mark from the register and the prohibition of the use of the si gn may 
also be filed if one of the following reasons applies on the date of the filing of the action:  
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 
collect ive 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.  
(3) In the case referred to in point c) of paragraph two of this Article, paragraph th ree 
of Article  114 of this Act shall apply mutatis mutandis . 
(4) The mark shall be removed from the register on the date when the judgement 
becomes final.  
Article 120  
(Actions for the revocation of trade marks due to non -use) 
(1) Any person may file an action with a competent court requesting the revocation 
of a trade mark 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 un interrupted period of five years without justified reason.  
(2) The revocation of a trade mark 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 fiv e years referred to in paragraph one of this Article and the filing of 
the action for 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 the period of three mo nths 
preceding the filing of the action, counting not earlier than from the expiry of the time limit 
referred to in paragraph one of this Article, if they started the preparations for the use or 
resumed use only after becoming aware that an action for the revocation of their trade mark 
might be filed.  
(3) In the revocation proceedings, the holder of the trade mark shall prove the use 
of the trade mark.  
(4) On the date the judgment becomes final, 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.  
Section 2  
Enforcement of rights  
Article  120a  
(Standing)  
(1) The rights to enforce judicial protection belonging to a holder of a right refe rred 
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 per iod 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 o f the 
unauthorised use of the collective mark.  
Article 121  
(Actions following 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 items be recalled from the channels of commerce, taking into account the 
interests of bona fide third partie s; 
c)     the situation caused by the infringement be rectified;  
č)    the infringing items be irrevocably removed from the channels of commerce;  
d)     the infringing items be destroyed;  
e)     the means of infringement that are owned by the infringing party and 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 on 
the right, and the existence of such infringement has already been established by way of a 
final decis ion in proceedings against a third party, the infringement shall be presumed to exist.  
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 A ct. 
(2) The infringing party shall pay to the holder of the right damages in an amount to 
be defined 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 deeme d 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 i dentical 
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 act ion 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 decisio n 
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, 
reduce d 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 publicatio n 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 its decision on the granting of the European patent.  
Article a122a  
(Non -use as defence in trade ma rk 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 Article  120 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, pro vided 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 infringeme nt 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 hold er 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 b enefit.  
(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 i njunction)  
(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 th is Act and  
b)     their right has been infringed or there is a real 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 interim 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 proceedi ngs, 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 h earing 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 t o 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 imposs ible 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 infringing party from continuing the alleged infringement or 
committing any future infringements;  
b)     to seize, remove from circulation and hold the infringing items and the means of the 
infringement that are intended or used exclus ively 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 int erim 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 ful filled:  
a)     the holder of the right submits a declaratory decision under points a) or b) 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 in fringement.  
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)     the evidence of the infringement will be destroyed or it will be impossible to take such 
evidence at a later time.  
(2) An applicant who requests t he 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 
infringemen t 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) By way of a decision referred to in paragraph one of this Article, the court may 
order the taking of any evidence and in particular:  
a)     the inspection of premises, business documents, inventories, databases, computer 
memory units or other items;  
b)     the seizure of samples of infringing items;  
c)     the examination and seizure of documents;  
d)     the appointment and examination of experts; and  
e)     the examination of witnesses.  
(4) The preservation of evidence may also be requested after the d ecision 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 shal l 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 
applican t did not justify it, the opposite party shall have the right to request:  
a)     the return of the seized items;  
b)     the prohibition of the use of information obtained; and  
c)     compensation for damage.  
(7) In the proceedings for the preservation of e vidence under this Article, the court 
shall ensure that confidential information of the parties 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 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 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 t he 
origin and distribution channels of the goods or services that infringe on a right referred to this 
Act. 
(2) The court may order that the information referred to in the preceding paragraph 
also be provided by any person who, on a commercial scale:  
a)     possesses the infringing goods;  
b)     uses the infringing services; or  
c)     provides services used in infringing activities.  (3) The court may order that information referred to in paragraph one of this Article 
also be provided by a person who was ind icated 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 of this Article may include:  
a)     the names and addresses or business 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 concerned.  
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 consen t 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 t hat 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 compuls ory 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 in vention 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 compen sation.  
(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 written 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 documen ts, the Office 
shall serve all documents on the representative who is named first.  
(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 f iling 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 other wise 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 r epresentative.  
(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 rep resentative 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 repre sentative 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 
represe ntatives 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)     any person who has a university degree in technical or natural science and has passed an 
examination for patent representatives 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)     any person who has a universit y degree and has passed an examination for industrial 
design and trade mark representatives before the Office;  
b)     any attorney or law firm;  
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 i f 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 the representative or a representative association in 
agreement with the minister responsible for justice.  
Article 132  
(Registration of representatives)  
(1) The O ffice 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 representa tives. 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 rep resentatives. 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 repr esentatives 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 regist ered 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 r egistration 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 sha ll, by way of an implementing 
regulation, determine in greater detail the manner of conducting examinations referred to in 
paragraphs two or 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 offenc es 
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.  
  
 
SHOW CONSOLIDATED TRANSITIONAL AND FINAL PROVISIONS  
 
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 TRANSITIONAL AND FINAL PR OVISIONS  
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 fil ed 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 t he 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 A rticle  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 applic ations and validity of rights)  
(1) The proceedings concerning the recognition or grant ing 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 t his 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 A rticle  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 Ac t 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 to the issue of the decision on the recognition 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 Propert y 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 m odels 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 or igin) 
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 regis ter 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 grant ing 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, 37/9 5 – 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 (Officia l Gazette of the 
Republic of Slovenia [ Uradni list RS ] No.  15/93);  
d)     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 Pr operty 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) Notwithstan ding 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 Slove nia.".  
 
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:  
"Artic le 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 Gaz ette 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 fol lowing 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 R ules 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 Ac t shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".